In order to accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare of the community, the Town Council finds that these regulations are necessary in order to:

(1)

Facilitate the provision of wireless telecommunications services to the residents and businesses of the Town;

(2)

Minimize adverse visual effects of towers through careful design and siting standards;

(3)

Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

(4)

Encourage and maximize the use of existing and approved towers, buildings and other structures to accommodate new wireless telecommunications antennas in order to reduce the number of towers needed to serve the community.

(Ord. 01-01 §1)

The following words and terms, when used in this Article, shall have the following meanings unless the context clearly states otherwise:

Alternative tower structure means natural and artificial trees and tree-like structures, clock towers, bell steeples, church steeples, buildings, light standards, flagpoles, water storage tanks or towers, and alternative design mounting structures that have the capacity to camouflage or conceal in part or in whole the presence of antennas.

Ancillary telecommunications facilities means all telecommunications facilities as defined in this Article, except for towers, antennas, low power telecommunications facilities or alternative tower structures as defined herein.

Antenna means any device, without limitation, which is designed or intentionally utilized for the transmission and/or reception of radio frequency communications.

Building Official means the Town Manager or Town Manager's designee or his or her appointee.

Building roof-mounted telecommunication facility means a telecommunication facility that is supported at or above the roof level of any existing or proposed building or other similar structure.

Building wall- or façade-mounted telecommunication facility means one (1) or more antennas or telecommunication facilities that are supported and/or mounted on any wall of any existing building or alternative antenna support structure and do not project above the roofline of the building or the peak of the alternative antenna support structure. For example only, and without limitation, facilities mounted on the side of a penthouse, mechanical screening or other appurtenance, provided that they would not project above the side of the appurtenance, and facilities mounted on towers for the transmission of electrical power shall also be considered wall-mounted telecommunication facilities.

Dish antenna means any dish-like (parabolic or cylindrical) antenna used for transmission and/or reception of radio frequency communications for commercial purposes. This definition shall not apply to wireless cable or similar satellite dish antennas or dish antennas of or less than one (1) meter in diameter or with a surface area not to exceed four (4) feet or its metric equivalent.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Freestanding telecommunication facility means a telecommunication facility that consists of a stand-alone support structure or tower, antennas and accessory equipment.

Height, when referring to a tower or other structure, is the distance measured from the average ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Low power telecommunications facility means a telecommunications facility (including structures and antennas) necessary to broadcast telecommunications for voice, data or video with emitted power levels less than 36 dBm (or such other levels as may be authorized by the Federal Communications Commission to be low power telecommunications) with total surface areas of all antennas not exceeding ten (10) square feet for any single parcel.

Nonconforming towers, antennas and telecommunications facilities shall have the meaning set forth in Section 16-12-30 of this Article.

Telecommunications facility means a facility that contains equipment which transmits and/or receives radio frequency communications. It typically includes some combination of antennas, microwave dishes, horns and other types of equipment for the transmission and/or receipt of such signals, telecommunications towers or similar structures supporting said equipment, equipment buildings or cabinets, identified parking area and other accessory development. References to telecommunications facilities, except where specifically exempted herein, shall include low power telecommunications facilities.

Tower means any structure or combination of structures primarily designed and constructed or used for the purpose of supporting one (1) or more antenna of any type defined in this Article, including, without limitation, self-supporting lattice towers, guyed towers or monopole towers. The term includes, without limitation, broadcast towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and similar structures.

Whip antenna means a single antenna that is typically cylindrical in shape and omni-directional in its signal radiating and/or reception pattern.

(Ord. 01-01 §1; Ord. 02-02)

Except as specifically provided below, these provisions shall apply throughout the Town limits, and no tower, antenna or other telecommunication facilities shall be permitted except in compliance with these provisions.

(1)

Amateur radio and receive-only antenna. This Article shall not govern any tower, or the installation of any antenna, owned and operated by a federally licensed amateur radio station operator or any tower that is used exclusively for receive-only antennas, so long as all other requirements of the zoning districts are met.

(2)

Residential services and small dish antennas. This Chapter shall not govern any residential dish or antenna or installation of any dish or antenna of less than one (1) meter in diameter or with a surface area not to exceed four (4) feet or its metric equivalent.

(3)

Nonconforming towers, antennas and telecommunication facilities. Any tower, antenna or telecommunication facility which has legally been in existence prior to the effective date of this Article shall not be required to meet the requirements of this Article, other than the requirements of Section 16-12-50(3)(g) unless a modification is made to the existing facility. Any such structures shall be referred to in this Article as nonconforming tower, nonconforming antenna or nonconforming facility. Any subsequent modification to a facility after the date of approval of the ordinance codified herein shall require an approval of a development permit in accordance with Section 16-12-50.

(Ord. 01-01 §1; Ord. 02-02)

(a)

Principal or accessory use. Antennas may be considered either principal or accessory uses. Towers, unless specifically accessory to the use of a property, shall be considered a principal use of property. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna on such lot. Where a new lot or leasehold parcel has been created from a larger parcel, for purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the larger lot from which the new lot was created shall control.

(b)

Federal requirements. All towers and antennas must meet or exceed the current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Article shall bring such towers and antennas into compliance with such revised standards and regulations within the time frame mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(c)

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes, the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time, and all applicable codes adopted by the Town.

(1)

In addition to any other applicable standards and requirements, the following shall apply to all towers and telecommunications facilities:

a.

Sufficient anti-climbing measures must be incorporated into each facility to reduce potential for trespass and injury.

b.

No guy wires employed may be anchored within the area in front of any primary structure on a parcel.

c.

At least ten (10) feet of horizontal clearance must exist between any antennas and any power lines, unless more clearance is required to meet Colorado Public Utilities Commission standards.

d.

All telecommunications facilities must be designed and/or sited so that they do not pose a potential hazard to nearby residences or surrounding properties or improvements. Any tower shall be designed and maintained to withstand without failure the maximum forces expected from wind, tornadoes, hurricanes and other natural occurrences, when the tower is fully loaded with antennas, transmitters, other telecommunications facilities and camouflaging. Initial demonstration of compliance with this requirement shall be provided via submission of a report to the Building Official prepared by a structural engineer licensed in the State describing the tower structure, specifying the number and type of antennas it is designed to accommodate, providing the basis for the calculations done and documenting the actual calculations performed. Proof of ongoing compliance shall be provided pursuant to any applicable codes.

(2)

If, upon inspection, the Town concludes that a telecommunications facility fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of a telecommunications facility, the owner shall have thirty (30) days to bring such telecommunications facility into compliance. If the owner does not come into compliance within said thirty (30) days, the Town may remove such telecommunications facility at the owner's expense.

(d)

Radio frequency standards. All applicants shall comply with federal standards for radio frequency emissions. Applicants for telecommunications facilities that are not low power telecommunications facilities shall, at the time of permit application, submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas to be initially installed at the subject site and which compares the results with established federal standards.

(1)

Complaints. In response to any written complaint to the Town regarding radio frequency emissions, the operator of a telecommunications facility shall, within a sixty-day period after receiving notice of the written complaint, submit a report to the Town, done by a qualified radio frequency engineer, indicating whether all radio frequency emissions generated by that entity's telecommunications facilities are within federal standards.

a.

If, in response to such written complaint, it is determined that the emissions from the facility are within allowable federal standards, the entity providing the report shall not be required to make a similar response to further written complaint for a period of at least one (1) year from the date of the prior complaint.

b.

If the report indicates that emissions exceed federal standards, the Town may require corrective action within a reasonable period of time, and if not corrected, may require removal of the telecommunications facilities pursuant to Section 16-12-90 below. In addition, if it is found that a facility exceeds federal standards for emissions, the Town, at its discretion, may require a follow-up emissions report to verify the emission levels after corrective action has been completed.

(2)

Costs. Any reasonable costs incurred by the Town, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the applicant.

(e)

Signal interference. All towers, antennas and telecommunications facilities must be designed and/or sited so as not to cause interference with the normal operation of radio, computer and speaker amplifier, television, telephone and other telecommunications services utilized by adjacent residential and nonresidential properties; nor shall any such facilities interfere with any public safety telecommunications.

(f)

Prohibited use. Advertising or communication of any visual messages from a tower or antenna is prohibited, with the exception of safety-related messages.

(Ord. 01-01 §1)

Towers, antennas and telecommunications facilities are considered structures, requiring issuance of a development permit in accordance with the requirements of this Chapter. In connection with the issuance of a permit for a tower, antenna or telecommunications facility, and in order to provide the Town with accurate and current information concerning entities that own or operate telecommunications facilities within the Town; assist the Town in enforcement of this Article; assist the Town in the collection and enforcement of any licensed fees or charges that may be due to the Town; and assist the Town in monitoring compliance with local, state and federal laws, the applicant shall, prior to a permit being issued, submit registration information and a standard agreement to the Town.

(1)

Application required. All applicants for a development permit shall apply with the Town on forms to be provided by the Town Clerk which shall include the following:

a.

The identity and legal status of the applicant, including any affiliates;

b.

The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement;

c.

A narrative and map description of the applicant's existing or then currently proposed telecommunications facilities within the Town, and outside of the Town within one (1) mile of its boundaries. In addition, the applicant shall inform the Town generally of the areas of the Town where he or she believes telecommunications facilities may need to be located within the next three (3) years. This provision is not intended to be a requirement that the applicant submit his or her business plan or proprietary information or that the applicant make commitments to the location of facilities in various parts of the Town. Rather, it is an attempt to provide a mechanism for the Town and all applicants for telecommunications facilities to share general information, assist in the Town's comprehensive planning process and promote co-location by identifying areas in which telecommunications facilities might be appropriately constructed for multiple users. By submitting an application, all applicants acknowledge that the Town may direct future applicants to discuss co-location with an applicant that has disclosed to the Town the possibility of locating telecommunications facilities in a given area;

d.

Information sufficient to determine that the applicant has applied for and received any construction permit, operating license or other approvals required by the FCC to provide telecommunications or broadcast services or facilities within the Town;

e.

Radio frequency coverage propagation maps for the facility covered by the application;

f.

Such other information as the Town may reasonably require.

(2)

Amendment. Each applicant shall inform the Town within sixty (60) days of any change of the information set forth in Subsection (1) above.

(3)

Standard conditions of development permit application. All development permit applications shall include:

a.

An acknowledgment binding the applicant, the property owner (if other than the applicant) and the applicant's and/or owner's successors in interest of properly maintaining the exterior appearance of and ultimately the removal of the tower and telecommunications facilities in compliance with the provisions of this Article and any conditions of approval.

b.

A statement agreeing to pay to the Town all costs of enforcement of the provisions of Subsection 16-12-40(d). Such agreement for reimbursement shall include all costs of collection and reasonable attorneys' fees.

c.

An acknowledgment that the Town may enter onto the property and undertake any maintenance or removal activities so long as:

1.

The Town has provided the applicant written notice requesting the work needed to comply with this Article and providing the applicant at least forty-five (45) days to complete it, and a follow-up notice of default specifying failure to comply within the time period permitted and indicating the Town's intent to commence the required work within ten (10) days of the notice.

2.

The applicant has not filed an appeal pursuant to this Section within ten (10) days of the notice of the Town's intent to commence the required work. If an appeal is filed and the appeal is dismissed or final action on it is taken in favor of the Town, the Town shall be authorized to enter the property and perform the necessary work.

3.

Notwithstanding anything contained in this Section to the contrary, the Town shall not be required to provide the notice described herein if there is a significant risk to the public health and safety requiring immediate remedial measures.

d.

A statement that the applicant agrees to allow for the potential co-location of additional telecommunications equipment by other providers on the applicant's tower or within the same site location, subject to reasonable conditions.

e.

If the applicant seeks a permit for a tower to construct telecommunications facilities on leased property, a copy of the lease agreement, memorandum of lease or a verified written statement of the landlord indicating that the landlord is not prohibited from entering into leases of the same property with other telecommunications providers.

f.

For telecommunications facilities that are not low power telecommunications facilities, a written statement from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems as described in Section 16-12-40(d) or, if such potential interference problems exist, a description of the nature of the potential interference and a plan to mitigate and eliminate any such interference.

g.

Applications for all telecommunications facilities shall contain an acknowledgment that the applicant will notify the Town Manager in writing at least ten (10) calendar days prior to the introduction of new service or changes in existing service and will allow the Town to monitor interference levels with public safety telecommunications during the testing process.

h.

Each applicant for an antenna or tower shall provide to the Town Clerk an inventory of its existing towers that are either within the Town or within one (1) mile of the Town's boundaries, including specific information about the location, height and design of each tower. The Town Clerk may share such information with other applicants applying for conditional use permits under this Article or other organizations seeking to locate antennas within the Town; provided, however, that the Town is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(4)

Fees. In addition to any building permit fees and conditional use permit application fees, the applicant shall pay a telecommunications facilities permit fee. The initial telecommunication facilities permit fee shall be in the amount of two thousand dollars ($2,000.00) for a new tower and any related antennas or other ancillary telecommunications facilities to be located on said tower and applied for in connection with the tower permit; and three hundred dollars ($300.00) for antennas or other ancillary telecommunications facilities. These permit fees may be modified from time to time by Town Council resolution. The Town Council resolution may further provide for a waiver of fees in the case of:

a.

Construction of new towers with excess capacity, where the applicant commits in advance to allow co-location;

b.

Location or co-location of antennas on existing towers and/or alternative tower structures; or

c.

Other conditions which the Town believes will minimize the need for construction of new towers.

(Ord. 01-01 §1; Ord. 02-02; Ord. 04-20 §11)

(a)

General. The uses listed in this Section are deemed to be permitted uses and shall not require a conditional use permit. Nevertheless, all such uses shall comply with Section 16-12-80 of this Article and all other applicable ordinances.

(b)

Specific permitted uses.

(1)

Locating a tower or antenna, including the placement of ancillary telecommunications facilities used in connection with said tower or antenna, is permitted on Town-owned property in any zoning district so long as all other requirements of the zoning district are met.

(2)

Installing an antenna on an existing tower, including the placement of ancillary telecommunications facilities, so long as said additional antenna adds no additional height to said existing tower, does not project outward a distance of more than eight (8) feet and is consistent with any applicable conditions of approval for that site which previously have been imposed by the Town.

(3)

Installing an antenna on an existing alternative tower structure, including the placement of ancillary telecommunications facilities, so long as said additional antenna adds no more than eight (8) feet of additional height to said existing structure, does not project outward a distance of more than twelve (12) feet and is consistent with any applicable conditions of approval for that site which previously have been imposed by the Town; provided, however, that if the installation of an antenna or any other ancillary telecommunications facilities on top of an existing structure causes an increase in the maximum height limitation within the zoning district in which the structure is located, such use shall still be considered a specific permitted use so long as the ancillary facilities add no more than eight (8) additional feet to the height of the structure and are adequately screened to the satisfaction of the Town.

(4)

Installing a low power telecommunications facility on any structure, including a tower, provided that:

a.

The structure or tower does not exceed the maximum building height of the zoning district plus an additional twelve (12) feet;

b.

The low power telecommunications facility is not allowed within any required setback, and any such facility in excess of eight (8) feet in height shall be located one (1) foot from the required setback for each foot in height above eight (8) feet;

c.

The earth disturbance associated with providing access and/or utilities to a low power telecommunications facility does not exceed five hundred (500) square feet; and

d.

No solar panels greater than thirty-two (32) square feet in size are installed in association with a low power telecommunications facility.

(5)

Information required. Each applicant requesting a specific use permit under this Article shall, in addition to the information required by this Section, submit all information required in Section 16-12-80 and other information deemed by the Town Manager to be necessary to assess compliance with this Article. Development applications shall be reviewed in accordance with a Class III development application.

(Ord. 01-01 §1; Ord. 02-02)

(a)

General. The following provisions shall govern the issuance of conditional use permits for towers and antennas:

(1)

If the tower or antenna is not a permitted use under Section 16-12-60, then a conditional use permit granted pursuant to the procedures set forth in this Section and the provisions of this Article shall be required for the construction of a tower or the placement of antennas in all allowed zoning districts.

(2)

Locating a tower in the MU, PF or C zoning districts so long as all other requirements of the zoning district and Subsection (b) below are met; and so long as any tower is set back from the property boundaries a distance of at least twenty percent (20%) of the height of the tower.

(3)

In granting a conditional use permit, the Town may impose conditions to the extent it concludes such conditions are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties and view corridors.

(4)

Telecommunications facilities approved as a conditional use shall not require a variance for any specific conditions approved as part of the conditional use process.

(5)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, structural or electrical, shall be certified by a registered professional engineer or a qualified radio frequency engineer.

(b)

Information required. Each applicant requesting a conditional use permit under this Article shall, in addition to the information required by this Section, submit all information required in Section 16-12-80 and other information deemed by the Town Manager to be necessary to assess compliance with this Article. Conditional use permits shall be reviewed in accordance with a Class I development application.

(Ord. 01-01 §1; Ord. 02-02)

(a)

Aesthetics. The guidelines set forth in Subsection (b) below shall govern the location of all towers and the installation of all antennas governed by this Article. Where options for aesthetic treatment are provided, the Town shall direct which option is to be utilized.

(1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness.

(2)

At any telecommunications site, the design of the buildings and related telecommunication facilities shall, to the extend possible, use materials, colors, textures, screening and landscaping that will blend the telecommunication facilities to the natural setting and built environment.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting telecommunication facilities must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related facilities as visually unobtrusive as possible.

(4)

Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the Town may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting must be shielded or directed to the greatest extent possible so as to minimize the amount of light that falls onto public rights-of-way or nearby properties, particularly residences.

(5)

No portion of any antenna array may extend beyond the property line.

(6)

All applicants under this Article shall comply with the landscaping standards found in Article VII of this Code.

(7)

Ancillary telecommunications facilities shall be no taller than fifteen (15) feet (one [1] story) in height and shall be compatible with the surrounding area.

(8)

Ancillary telecommunications facilities in areas of high visibility shall, where possible, be sited either below the ridgeline, amidst groups of trees or designed (i.e., placed underground, depressed or located behind earth berms or otherwise effectively screened) to minimize their profile.

(b)

Wall mounted. A building wall-mounted telecommunication facility shall be evaluated for approval subject to the following criteria:

(1)

Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached;

(2)

The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet;

(3)

Modifications to the building penthouse, mechanical screening and other appurtenances may be approved by the Planning and Zoning Commission to allow panel antennas for telecommunication facilities; and

(4)

Wall-mounted telecommunication facilities shall not extend above the roofline unless mounted to a penthouse.

(c)

Roof-mounted. Such facilities shall be approved only where an applicant demonstrates that a wall-mounted facility is inadequate to provide service and shall be evaluated for approval based upon the following criteria:

(1)

Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached.

(2)

Roof-mounted telecommunication whip antennas shall extend no more than twelve (12) feet above the parapet of any flat roof or ridge of a sloped room or penthouse to which they are attached.

(3)

Roof-mounted telecommunication panel antennas shall extend no more than seven (7) feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted.

(4)

Roof-mounted telecommunication accessory equipment shall extend no more than seven (7) feet above any parapet of a flat roof upon which they may be placed and shall not be permitted on a sloped roof.

(d)

Alternative tower structures. Such structures shall be architecturally compatible with the surrounding area. Alternative towers shall be evaluated for approval based upon the following criteria:

(1)

Height or size of the proposed alternative tower structure, not to exceed the maximum building height of the zoning district plus an additional twelve (12) feet;

(2)

Proximity of the facility to residential structures and residential district boundaries;

(3)

Nature of uses on adjacent and nearby properties and the compatibility of the facility to these uses;

(4)

Compatibility with the surrounding topography;

(5)

Compatibility with the surrounding tree coverage and foliage;

(6)

Compatibility of the design of the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(7)

Impact on the surrounding area of the proposed ingress and egress, if any; and

(8)

An evaluation of the applicant's plans for development of its telecommunications facilities within the Town in accordance with Section 16-12-50 above.

(e)

Dish antennas. Dish antennas which are larger than one (1) meter measured in diameter or measured diagonally shall be evaluated for approval based upon the following criteria:

(1)

Height of the proposed structure or size and number of dish antennas at the site, not to exceed the maximum building height of the zoning district plus an additional twelve (12) feet;

(2)

Proximity of the facility to residential structures and residential district boundaries;

(3)

Nature of uses on adjacent and nearby properties;

(4)

Compatibility with the surrounding topography;

(5)

Compatibility with the surrounding tree coverage and foliage;

(6)

Design of the dish antenna site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(7)

Proposed ingress and egress, if any;

(8)

An evaluation of the applicant's plans for development of its facilities within the Town in accordance with Section 16-12-50 above;

(9)

Availability of suitable existing sites and other structures.

(f)

Freestanding telecommunications facilities.

(1)

Information required. Each applicant requesting a conditional use approval under Section 16-12-70 shall submit a scaled site plan, scaled elevation view and other supporting drawings, calculations and other documentation, signed and sealed by appropriate qualified professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, drainage and other information deemed by the Planning Director to be necessary to assess compliance with this Section.

(2)

Co-locations. Freestanding telecommunications facilities may be required to be designed and constructed to permit the facility to accommodate at least two (2) telecommunication providers on the same freestanding facility. No telecommunication facility owner or operator shall unreasonably exclude a telecommunication competitor from using the same facility or location.

(3)

Factors considered in granting conditional use approval. The Town shall consider the following factors in determining whether to issue a conditional use approval, although the Town may waive or reduce the burden on the applicant of one (1) or more of these criteria if the Town concludes that the goals of this Section are better served thereby:

a.

Height or size of the proposed tower, not to exceed the maximum building height of the zoning district plus an additional twelve (12) feet;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Compatibility with the surrounding topography;

e.

Compatibility with the surrounding tree coverage and foliage;

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress;

h.

An evaluation of the applicant's plans for development of its telecommunications facilities within the Town in accordance with Section 16-12-50 above; and

i.

Availability of suitable existing freestanding telecommunications facilities and other structures.

(4)

Availability of suitable existing facilities. No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town that no existing freestanding telecommunication facility or alternative tower structure can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing tower or alternative tower structure can accommodate the applicant's proposed antenna may consist of the following:

a.

No existing telecommunication facilities or alternative tower structures at a suitable height are located within the geographic area required to meet the applicant's engineering requirements;

b.

Existing freestanding telecommunication facilities or alternative tower structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment;

c.

The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing towers or alternative tower structures, or the antennas on the existing towers or alternative tower structures would cause interference with the applicant's proposed antenna; or

d.

The applicant demonstrates that there are other limiting factors that render existing towers and alternative tower structures unsuitable.

(5)

Setbacks and separation. The following minimum setbacks and separation requirements shall apply to all towers and antennas for which a conditional use is required; provided, however, that the Town may reduce standard setbacks and separation requirements if the goals of this Section would be better served thereby. A freestanding telecommunication facility shall meet the greater of the following minimum setbacks from all property lines:

a.

The setback for a principal building within the applicable zoning district;

b.

Twenty-five percent (25%) of the facility height, including antennas; or

c.

The facility height, including antennas, if the facility is in or adjacent to a residential district.

(6)

Standards. A freestanding telecommunication facility shall meet the following standards to minimize impacts:

a.

Use existing landforms, vegetation and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment;

b.

Comply with all applicable landscape regulations;

c.

Accommodate co-location of facilities unless the Town approves an alternative design;

d.

Make design, materials and colors of antennas and their support structures compatible with the surrounding environment, and taper monopole support structures from the base to the tip; and

e.

Not be artificially lighted, unless required by the FAA or other applicable authority or unless the facility is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the Town may review the available lighting alternatives and approve the design that would cause the least impact on the surrounding area.

(7)

Accessory equipment. Accessory equipment for a freestanding telecommunication facility shall meet the following requirements:

a.

The buildings, shelters, cabinets and other accessory components shall be grouped as closely as technically possible;

b.

Total footprint coverage area of the applicant's accessory equipment shall not exceed three hundred fifty (350) square feet;

c.

No accessory equipment or accessory structure shall exceed fifteen (15) feet in height; and

d.

Design, materials and colors of all structures shall be compatible with structures and vegetation on the same parcel and adjacent parcels and shall not reduce the parking requirements and landscaped area for other principal uses on the parcel.

(8)

Security fencing. Freestanding telecommunication facilities shall be enclosed by security fencing six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Town may waive such requirements if the goals of this Section would be better served thereby.

(9)

Landscaping. The following requirements shall govern the landscaping surrounding freestanding telecommunication facilities for which a conditional use approval is required; provided, however, that the Town may waive such requirements if the goals of this Section would be better served thereby.

a.

Freestanding telecommunications facilities shall be landscaped with a buffer of native plant materials that effectively screens the view of the accessory equipment from adjacent residential property. The standard buffer shall consist of the front, side and rear-landscaped setback on the perimeter of the site.

b.

In locations where the visual impact of the telecommunication facility would be minimal, the landscaping required may be reduced or waived altogether.

c.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the perimeter may be sufficient to buffer.

(10)

Freestanding telecommunication facility removal. Affidavits shall be required from the owner of the property and from the telecommunications applicant acknowledging that each is responsible for the removal of a tower that is abandoned or is unused for a period of six (6) months.

(g)

Decision. The decision on whether to approve or deny an application for a conditional use permit shall be in writing, based upon evidence presented at a public hearing.

(Ord. 01-01 §1; Ord. 02-02)

Any antenna or tower that is not operated for a continuous period of six (6) months shall be considered abandoned. The Town, in its sole discretion, may require an abandoned tower or antenna to be removed. The owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the Town notifying the owner of such abandonment. Upon removal, the site shall be restored and/or revegetated to blend with the surrounding environment. If such antenna or tower is not removed within said ninety (90) days, the Town may remove and dispose of such antenna or tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Ord. 01-01 §1)