The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative tower structure. Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna. Any apparatus designed for telephonic, data, radio, or television communications through the sending and/or receiving of electromagnetic waves.

FAA. The Federal Aviation Administration.

FCC. The Federal Communications Commission.

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

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

(Code 2000, § 16.33.1)

(a)

The purpose of this article is to establish general guidelines for the siting of towers and antennas. The goals of this chapter are to:

(1)

Encourage the location of towers in nonresidential areas and minimize the total number of towers and tower sites throughout the community;

(2)

Encourage strongly the joint use of new and existing tower sites;

(3)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(4)

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and

(5)

Provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the county.

(b)

This article is intended to comply with all federal and state regulations.

(Code 2000, § 16.33.2)

(a)

District height limitations. The requirements set forth in this chapter shall govern the location of towers that exceed and antennas that are installed at greater than 50 feet in height, except as noted in subsection (b) of this section.

(b)

Amateur radio and receive-only antennas. This chapter shall not govern any tower, or the installation of any antenna, that is:

(1)

Under 100 feet in height and is owned and operated by a federally licensed amateur radio station operator; or

(2)

Used exclusively for receive-only antennas for amateur radio station operation.

(c)

Existing structures and towers. The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other freestanding structure or existing tower or pole shall be permitted so long as the addition of said antenna shall not add more than 20 feet in height to said structure or tower and shall not require additional lighting pursuant to FAA or other applicable requirements. Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use.

(Code 2000, § 16.33.3)

(a)

Principal or accessory use. For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses. An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot. For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased area within such lots. Towers that are constructed, and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

(b)

Inventory of existing sites. Each applicant applying for approval of an antenna and/or tower permit shall provide to the planning and zoning department an inventory of its existing facilities that are either within the locality or within five miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower. The planning and zoning department may share such information with other applicants applying for approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the locality, provided, however, that the planning and zoning department shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable.

(c)

Design; lighting. The requirements set forth in this section shall govern the location of all towers and the installation of all antennas governed by this article; provided, however, that the board of supervisors may waive any of these requirements if it determines that the goals of this chapter are better served thereby.

(1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos;

(2)

At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures;

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment 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 equipment 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 board of supervisors may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views;

(5)

No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure;

(6)

To permit collocation, the tower shall be designed and constructed to permit extensions to a maximum height of 199 feet; and

(7)

Towers shall be designed to collapse within the lot lines or lease area, as applicable, in case of structural failure.

(d)

Federal requirements. All towers must meet or exceed 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.

(e)

Building codes. 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 federal, state and local building codes and regulations.

(f)

Information required. Each applicant requesting a conditional use permit under this chapter shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The board of supervisors may require other information to be necessary to assess compliance with this chapter. Additionally, applicant shall provide actual photographs of the site that include a simulated photographic image of the proposed tower. The photograph with the simulated image shall include the foreground, the midground, and the background of the site.

(g)

Engineering report. An engineering report must be submitted by the applicant certifying that the proposed tower is compatible for collocation with a minimum of three users including the primary user, designed such that additional user systems are each of no greater load than the primary user. This provision may be waived by a governing body in a particular case.

(h)

Collocation policy. The applicant shall provide copies of its collocation policy.

(i)

Propagation maps. The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible collocator antennas are no higher in elevation than necessary.

(j)

Factors considered in granting special use permits for new towers. The applicant shall obtain a conditional use permit from the board of supervisors before erecting towers or antennas covered by this article. The board of supervisors shall consider the following factors in determining whether to issue a special use permit, although the board of supervisors may waive or reduce the burden on the applicant of one or more of these criteria if the board of supervisors concludes that the goals of this article are better served thereby:

(1)

Height of the proposed tower;

(2)

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

(3)

Nature of the uses on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

Surrounding tree coverage and foliage;

(6)

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

(7)

Proposed ingress and egress;

(8)

Collocation policy;

(9)

Language of the lease agreement dealing with collocation;

(10)

Consistency with the comprehensive plan and the purposes to be served by zoning;

(11)

Availability of suitable existing towers and other structures as discussed below; and

(12)

Proximity to commercial or private airports.

(k)

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the board of supervisors that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

(1)

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements;

(2)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

(4)

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

(5)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding the cost of new tower development are presumed to be unreasonable; or

(6)

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

(l)

Setbacks. The following setback requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the board of supervisors may reduce the standard setback requirements if the goals of this article would be better served thereby:

(1)

The tower must be set back from any off-site residential structure no less than 400 feet; and

(2)

Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures.

(m)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the board of supervisors may waive such requirements, as it deems appropriate.

(n)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the board of supervisors may waive such requirements if the goals of this chapter would be better served thereby:

(1)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the facilities.

(2)

In locations in which the board of supervisors finds that the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

(3)

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, the board of supervisors may determine the natural growth around the property perimeter may be sufficient buffer.

(4)

Existing trees within 200 feet of the tower shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicle utilities. This provision may be waived by a governing body in a particular case.

(o)

Local government access. Owners of towers shall provide the county collocation opportunities as a community benefit to improve radio communication for county departments and emergency services, provided it does not conflict with the collocation requirement of subsection (k) of this section.

(p)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within 90 days of receipt of notice from the board of supervisors notifying the owner of such equipment removal requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. The buildings may remain with owner's approval. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(q)

Required yearly report. The owner of each such antenna or tower shall submit a report to the board of supervisors once a year, no later than July 1. The report shall state the current user status of the tower. The owner of any antenna or tower, as defined, existing at the effective date of the ordinance from which this section is derived shall be required to submit a yearly report.

(r)

Review fees. Any out-of-pocket costs incurred for review by a licensed engineer of any of the above-required information shall be paid by the applicant.

(Code 2000, § 16.33.4)