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 structure means structures utilized for antenna-mounting purposes that include, but are not limited to, buildings, simulated trees, clock towers, steeples, silos, lightpoles, electric transmission towers and other such structures that are compatible with the natural setting and surrounding structures, and effectively camouflage or conceal the presence of antennas or towers.

Antenna means any exterior transmitting or receiving device which radiates or captures electromagnetic waves, digital signals, analog signals, radio, microwave or any other wireless communications signals.

Antenna array means any two or more antennas that operate as components of a complete antenna suite for a single wireless communication facility.

Antenna, concealed, means any antenna designed and erected on or in a building or alternative structure in such a way that it blends in with the existing facade and/or is located such that it is not readily visible to an individual at adjacent street level.

Collocation means the placement of additional antennas or antenna arrays on an existing or approved tower or alternative structure; or the sharing of a common location by two or more approved providers of wireless communication services.

Combiner means a device that allows two or more wireless service providers to share an antenna or an antenna array by combining signals being transmitted and separating signals being received.

Economically and technically feasible and viable means capable of being provided:

(1)

Through technology that has been demonstrated in actual applications (not simply through tests or experiments) to operate in a workable manner.

(2)

In a manner that has a reasonable likelihood of generating a reasonable profit or other financial benefits, when measured over the term of this lease.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means the vertical distance measured from the mean elevation of the proposed finished grade to the highest point of a tower, antenna, structure or support structure, whichever is higher.

Historic or scenic views means areas within the county that have been formally designated as part of an historic district; have been included in any nature preserve or scenic preservation efforts; or have sufficient historic or scenic merit as determined by the board of commissioners or by the local historical society. A scenic view may be from a stationary viewpoint or be seen as one travels along a roadway or path.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including, but not limited to, monopole towers and lattice-framed towers.

Wireless communication facility means any and all equipment at a single location used by a private business user, governmental user, or commercial wireless service provider to transmit, receive or relay electromagnetic waves, digital signals, analog signals, radio, microwave or any other wireless communication signals. Such a facility may include antennas, arrays of antennas, telecommunications towers, support structures, transmitters, receivers, base stations, combiners, amplifiers, repeaters, filters or other electronic equipment; together with all associated cabling, wiring, equipment enclosures and other improvements.

Wireless communication facility, concealed, means a wireless communication facility with all the antennas camouflaged to match or complement the color and architectural treatment of the surface upon which they are mounted, or which has all facility components concealed behind landscaping or a facade or parapet wall.

(Ord. of 5-22-2001, § 2(10.1))

(a)

Intent and purpose. The purpose of these standards is to provide for a wide range of options and locations for wireless communication providers, while minimizing the unsightly characteristics associated with traditional towers. Further, the purpose is to require creative approaches in locating alternative wireless communication facilities that will blend in with the surroundings.

(b)

Goals. The goals of this article are to:

(1)

Encourage the location of towers in nonresident areas and minimize the total number of towers throughout the county.

(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 county is minimal.

(4)

Encourage users of towers and antennas to configure them in a way to minimize the adverse visual impact to the county.

(5)

Enhance the ability of the providers of telecommunications services to provide such services to the county quickly, effectively and efficiently.

(Ord. of 5-22-2001, § 2(10.2))

(a)

Height limitations. The height limitations set forth in this section as applicable to buildings and structures shall not apply to towers and antennas. Towers and antennas shall be governed by the special use permit procedures set forth herein.

(b)

Tower height threshold. These standards shall only be applicable to antennas and towers in excess of 35 feet in height.

(c)

Specific requests. The county commission may consider for approval a site plan specific request which is in substantial conformance with the requirements listed herein.

(Ord. of 5-22-2001, § 2(10.3))

(a)

Generally, a special land use permit shall be required for all television, land mobile, communication, microwave, radio transmission antennas and towers, or any other type of wireless communication tower antenna or other wireless communication facility as those terms are defined in this article.

(b)

Requirements for a special use permit are as follows:

(1)

A special land use permit granted by the board of commissioners is required for all proposed wireless communication facilities. Wireless communication facilities utilizing alternative structures that include, but are not limited to, simulated trees, clock towers, bell steeples, light standards, and similar alternative mounting structures that are deemed appropriate for a specific site may be granted approval in any zoning district. special land use permits for monopole towers will only be considered in the industrial (I), the general commercial (GC), the agricultural (A-1) and the rural development (RD) zoning districts and special land use permits for latticed-framed towers will only be considered in the industrial (I) zoning district, pursuant to those additional restrictions listed herein.

(2)

A special land use permit granted by the board of commissioners shall be required for the construction of all new wireless communication facilities within the county after the following factors are considered:

a.

The environment surrounding the proposed site in relation to the proposed design of the facility.

b.

The proposed height of any component of the facility in relation to the height of buildings, trees or other structures in the area.

c.

Proximity to residential structures and residential district boundaries.

d.

Nature of uses on adjacent and nearby properties.

e.

Surrounding topography, tree coverage and foliage.

f.

Architectural design of the components of the facility, with particular reference to the aesthetics of design characteristics that have the effect of virtually eliminating visual obtrusiveness.

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.

2.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping which will blend the tower 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 electrical and mechanical equipment must be of a neutral color or colors that is identical to, or is closely comparable with, the supporting structure and/or surrounding area 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.

5.

If lighting is required, the county commission may review the available lighting alternatives and approve the design which would cause the least disturbance to the surrounding views.

6.

In addition, all such towers and antennas shall be designed to minimize visual and scenic impact when located on slopes greater than 15 percent or on top of such slopes.

g.

Proposed landscaping necessary to ensure that the visual obtrusiveness of all accessory structures will be virtually eliminated.

h.

Proximity to historic districts.

i.

Historic and/or scenic views, when monopole or lattice-framed towers are proposed.

(3)

At the time of filing the application for a special land use permit for a wireless communication facility, the applicant shall provide a survey, including a written legal description, site plan and information regarding the facility as described as follows:

a.

A scaled site plan that clearly indicates the proposed location, type and height of the proposed facility and all accessory structures.

b.

Current zoning and existing land use of the subject property.

c.

Zoning and land use of adjacent properties, including proximity to historic or scenic areas.

d.

Elevation drawings of the proposed facility.

e.

Proposed landscape plan.

(4)

All permit applications submitted to the department of planning and zoning shall include a complete inventory of the applicant's existing facilities, towers and receivers/transmitters located within the county including each asset's location, height and collocation usage or capabilities, as well as the nature of any alternative structures being utilized. The department of planning and zoning shall utilize such information to promote collocation alternatives for other applicants, when deemed appropriate.

(5)

All permit applications must demonstrate that equipment enclosures and other improvements accessory to a wireless communication facility shall be architecturally designed to blend in with the surrounding environment and shall be maintained in good appearance and repair. The county may require landscaping to be included to help conceal these enclosures. Accessory structures shall be limited to usages associated with operation of the antennae or towers and shall be appropriate in scale and intensity. All towers and antennas shall be equipped with an anti-climbing device as a six-foot wall, fence or other appropriate devices to prevent unauthorized access.

(6)

Generators shall not be used as a primary electrical power source. Backup generators shall only be operated during power outages or for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.

(7)

In those instances where a monopole or lattice-framed tower is proposed, all applicants must demonstrate that no existing tower, or structure can accommodate the proposed antennas. Evidence of an engineering nature shall be documented by the submission of a certification by a qualified engineer. Such evidence may consist of the following:

a.

No existing towers or structures, including water towers, towers associated with high-voltage transmission lines or any other structure with the potential to accommodate such a wireless communication facility, are located within the geographic area required to meet applicant's engineering requirements.

b.

No existing structure is of sufficient height to meet the applicant's engineering requirements.

c.

No existing tower or structure has sufficient structural strength to support applicant's proposed antennas and related equipment.

d.

Applicant's proposed antennas would cause electromagnetic interference with the antennas on the existing tower or structure.

e.

The fees or costs required to share the existing tower or structure or to adapt the existing tower or structure for shared use are unreasonable. Costs exceeding new tower development are presumed unreasonable.

f.

Such other limiting factors as may be demonstrated by the applicant.

(8)

At the time of filing the application for a wireless communication facility, the applicant shall provide a site plan and information regarding location of accessory structures, neighboring use, proposed architectural design and proposed landscaping. Documentation must be submitted and certified by a qualified engineer delineating coverage and propagation zones, design and collocation capabilities.

(9)

In granting a special land use permit, the board of commissioners may impose additional conditions to the extent determined necessary to minimize adverse effects on adjoining properties.

(10)

As part of the application, each applicant for a wireless communication facility shall be required to execute a standard maintenance/removal agreement binding the applicant and its successors and assigns to maintain properly the exterior appearance of and ultimately remove the facility upon abandonment or cessation of operations. Such agreement shall require the applicant to pay all costs for monitoring compliance with and enforcement of, the agreement and to reimburse the county for all costs it incurs to perform any work required of the applicant by the agreement that the applicant fails to perform.

(11)

A cash bond, or other security acceptable to the county in an adequate amount to cover the cost of the removal of the tower, shall be required in conjunction with the maintenance/removal agreement. This amount shall be $30.00 per foot for the height for monopole towers and $100.00 per foot of height for self supporting or guyed towers. The applicant and its successors and assigns shall be required to continue such bond or other security until such time as the facility has been removed and all other requirements of its maintenance/removal agreement have been satisfied. Private business users operating a single wireless communication facility at their principal place of business and government users are exempt from the bond requirement. An account shall be established for removal of towers constructed refundable up to the amount of deposit upon restoration of the site to its previous condition as determined by the board of commissioners or to the standard described in the lease agreement.

(12)

The county may elect to retain outside consultants or professional services to review an application for any wireless communication facility and to make recommendations on relevant issues including, but not limited to, verification of the applicant's due diligence, analysis of alternatives, conditions of approval and compliance with state and federal rules and regulations, at the applicant's expenses. An application shall not be deemed complete until the applicant has posted a $5,000.00 cash bond, or other security satisfactory to the county guaranteeing payment of such expenses. Private business uses operating a single wireless communication facility at their principal place of business and governmental users are exempt from the bond requirement.

(13)

The county reserves the right to conduct a height trial to identify the visual impact of the proposed facility upon the surrounding area.

(14)

The following application fees are required with each application:

(15)

All towers and antennas shall be set back according to front yard requirements stated in table 46-251. Towers with trigger links shall be setback five times the full height of the tower if adjoining any property zoned A-1, RD, R-1, MR or MHP.

(16)

At the time of filing the application for a tower, the applicant shall provide a site plan and information regarding topography, coverage zone, and tower height requirements.

(17)

Shared usage of towers and antennas facilities is encouraged, and towers shall be designed to accommodate such uses.

(18)

Any tower approved under the provisions of this article which is not utilized by any communications service produce for any communications related purpose for a period of 12 consecutive months shall lose any privilege of special use previously granted by the county commission and must therefore be resubmitted for approval prior to use for any purpose not permitted by the existing zoning.

(19)

Collocation of antennas.

a.

In addition to all applicable building and safety codes, all towers, except amateur radio towers, shall be designed to accommodate the collocation of cellular telecommunications antennas according to table 46-251.

b.

Applicants shall be required to use combiners when possible to reduce tower height necessary to separate users. Additional tower height to accommodate additional providers shall not permitted without documentation from a certified engineer that combiners are not a feasible alternative to additional tower height and the basis for that determination.

(20)

Setback and buffer requirements.

a.

All towers shall comply with the setback and buffer requirements set out in table 46-251.

b.

Tower heights shall be measured from the existing ground base level to the highest point on the tower or other structure, even if the highest point is an antenna, in accordance with table 46-251.

c.

Variances to the height restrictions set forth in table 46-251 may be requested but shall only be granted upon a showing that the existing topography requires additional height to serve the user at the lowest height location on the tower or an additional user has requested location on the tower and no location is available based in the number of users currently of contracted to be located on the tower. Any variance request will require the applicant to provide a flight path study of all airfields in a three-mile radius of the site and a determination by a qualified expert that the additional height will not interfere with current flight patterns.

Table 46-251: Maximum Telecommunication Tower Heights,
Minimum Setbacks From Property Lines, and
Buffer Requirements

Note—All buffers are subject to buffer standards as listed in this article.

(Ord. of 5-22-2001, § 2(10.4))

(a)

Wireless communication facilities are permitted on top of buildings and other existing structures that do not require an increase in height to accommodate the facility. Parapet walls may be required in order to conceal such facilities from view.

(b)

These facilities when mounted on a building or other existing structure, shall be flush-mounted against the side of the building or structure and camouflaged to match or complement the color and architectural treatment of the surface on which they are mounted.

(c)

In those instances where simulated trees are proposed within residential zoning districts, said trees must be located within an existing stand of trees and set back from neighboring property boundaries a distance of twice the full height of the proposed simulated tree. In addition, the height of said trees shall be no more than 20 feet above the vegetative canopy in the vicinity.

(d)

All towers must meet or exceed current standards and regulations of the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA).

(Ord. of 5-22-2001, § 2(10.06))

(a)

All towers and antennas located in any zoning classification shall be set back according to front yard requirements stated in table 46-251. All towers must be set back a distance of 1½ times the full height of the tower from any residentially zoned property or structure used for residential purposes.

(b)

All towers shall be separated from each other by a distance of at least 1,000 feet.

(c)

All new monopole towers, which do not incorporate approved alternative design features, must be designed and built in a manner that allows at least two other entities to collocate on the structure.

(d)

All towers and their related structures shall maximize the use of building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment. Towers shall be painted so as to reduce their visual obtrusiveness, subject to any applicable standards of the Federal Aviation Administration (FAA).

(e)

Collocated wireless communication facilities shall be designed to meet the following standards:

(1)

Use of dual-band/multiband antennas, to allow sharing of antennas or antenna arrays by wireless providers using different frequency bands, or by using combiners, to allow antenna sharing by users of the same frequency band, is encouraged in order to minimize the height of support structures and the visual impact of multiple collocated antennas or antenna arrays.

(2)

Antennas associated with a collocated wireless communication facility shall be mounted so as to present the smallest possible silhouette, profile, or cross section. Preferred antenna-mounting scenarios are, in order of descending preference:

a.

Compact dual-polarized antennas in a cylindrical unicell arrangement extending less than two feet from the structure and mounted atop the tower;

b.

Panel antennas flush-mounted against the tower; and

c.

Antennas mounted at the end of straight or curved davit arms or brackets extending from the sides of the tower.

(f)

No collocated wireless communication facility located on a monopole or lattice-framed tower shall have constructed thereon, or attached thereto in any way, any platform, catwalk, crow's nest, triangular framework, or like structures or equipment, except during periods of construction or repair. Curved or straight davit arms or brackets used for antenna mounting shall be connected to the tower at the base of the arms or brackets only and such arms or brackets (and any antennas or hardware mounted thereon) shall not be physically interconnected with any similar arm or bracket.

(g)

Where economically and technically feasible and viable, subsections (e) and (f) of this section shall also be construed to regulate collocations that may occur on existing monopoles and lattice-framed towers.

(h)

Any parcel of property proposed to be the location of a new monopole or lattice-framed tower that directly abuts a residentially zoned property shall have a minimum of 100 feet landscaped buffer with a solid fence or wall no less than six feet in height.

(i)

Buffers and setbacks shall be required as set out in table 46-251. All landscaping plans shall be prepared by a registered landscape architect. Necessary private utilities and/or access drives may be allowed through, over, or across a landscaped buffer. Any such uses which are proposed through, over, or across a designated, undisturbed buffer must be approved pursuant to an original site plan approved by the county commission.

(1)

Objectives. The above required landscape screening buffer shall be implemented in connection with a permitted project and shall address the following objectives:

a.

Screening to enhance aesthetic appeal;

b.

Control or direct vehicular and pedestrian movement;

c.

Reduce glare;

d.

Buffer noise; and

e.

Establish privacy.

(2)

Standards. The required landscape screening buffer, in subsection (i)(1) of this section, is subject to review and approval by the county commission in accordance with the following standards:

a.

Plantings are to be a mix of rows of evergreen trees and shrubs, deciduous trees and evergreens taller than the required five-foot minimum;

b.

Species are to be ecologically compatible to site and appropriate for design situation;

c.

Unless public safety concerns dictate otherwise, buffers should provide maximum visual barrier to adjoining properties and public streets;

d.

Minimum height of plant materials at installation is to be five feet for trees;

e.

Fencing or walls are to be a minimum of six feet in height as approved by the county commission;

f.

Buffers shall be regularly maintained by the property owners to ensure that the above objectives and standards are met;

g.

When topography and existing conditions allow, the required landscape buffer should be undisturbed; provided, however, the buffer may be crossed by an access drive and/or necessary utilities as shown on the site plan;

h.

Any appeals from a determination by county staff regarding the landscape buffer shall be considered by the county commission.

(j)

Towers shall be enclosed by security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device; provided, however, that such requirements may be waived for alternative design mounting structures.

(k)

All towers shall be monopole designed except those located in (I) industrial districts that are greater than 150 feet in height.

(l)

All towers must meet or exceed current standards and regulations of the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA).

(Ord. of 5-22-2001, § 2(10.7)A)

(a)

The addition of transmitting and/or receiving whip antennas and panels may be approved administratively by the planning and zoning director, so long as any such addition does not add more than ten feet in height to an existing structure greater than 50 feet in height or more than five feet in height to an existing structure less than 50 feet in height but greater than 20 feet in height and all necessary building permits are obtained. Such acceptable structures include buildings, signs, light poles, water towers, and other freestanding nonresidential structures. Antennas attached to existing structures, along with supporting electrical and mechanical equipment, shall be of a color identical to, or closely compatible with, that of the supporting structure. Parapet walls may be required on buildings in order to conceal such equipment and facilities from view. Notification shall be given to the board of commissions at least 14 days prior to the granting of said request, and, if no objection is lodged, considered valid.

(b)

The addition of antennas to an existing structure is exempted from all setback requirements that pertain to residentially zoned or used properties.

(Ord. of 5-22-2001, § 2(10.7)B)

Annual certification shall be required for all wireless communication facilities within the county. Before a letter of annual certification may be issued, an applicant or agent must certify that:

(1)

It currently holds an FCC license to provide commercial wireless services and that such license is in good standing or, if the applicant is not an FCC licensee, that the license of each of its FCC tenants is in good standing.

(2)

The wireless communication facility continues to be operated by the original applicant and that it has a continuing need for the facility to meet the requirements of its FCC license.

(3)

The facility continues to comply with all FCC and FAA rules and regulations.

(4)

The applicant currently has general liability insurance of at least $1,000,000.00 in force covering the wireless communication facility as evidenced by a certificate of insurance attached to its renewal application.

(5)

It is in compliance with its maintenance/removal agreement and that any bond or other security given in conjunction therewith remains in full force and effect.

(6)

It has not constructed, maintained, modified or operated any wireless communication facilities in the county without the county's approval or, if it has done so, that it has ceased operating and has removed all such facilities.

(7)

Failure to obtain or renew an annual certification shall result in the wireless communication facility being deemed abandoned and subject to removal, as well as subjecting the facility's owner to all other penalty and enforcement provisions of this article.

(8)

Prior to removing a wireless communication facility pursuant to this article, the county shall give 30 days notice of the pending expiration of the annual certification.

(Ord. of 5-22-2001, § 2(10.7)C)

(a)

Enforcement of the provisions of this article shall be the responsibility of the department of planning and zoning.

(b)

All required landscaping, buffer areas and fences shall be maintained in compliance with the approved plan. If, after inspection, the plan materials do not comply with the approved plan, the owner and/or lessee shall be notified in writing by the department of planning and zoning of said violations and given 30 days in which to correct all violations. Failure to make such corrections shall be a violation of this article.

(c)

All towers, antennas, alternative structures and any associated building or structures shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such structures. If, upon inspection by the department of building and zoning, said structures are determined not to comply with the Code standards and to constitute a danger to persons or property, then upon written notice by certified mail, return receipt requested, or by personal service being provided to the owner of the structures, the owner shall have 30 days to bring such structures into compliance. The owner of the structures may appeal the determination by the department of building and zoning by filing a written appeal to the board of commissioners within 14 days of the receipt of the notice of noncompliance by the owner. The chairperson shall hold a hearing within 14 days of receiving said written appeal. In the event such structures are not brought into compliance within 30 days, the county may petition the court for an order removing such towers, antennas, alternative structures and any associated buildings or structures and may petition the court for a lien upon the property for the costs of removal.

(d)

Abandoned or unused wireless communication facilities shall be removed within 30 days of abandonment or cessation of operations. If such facilities are not removed within this time period, they shall be removed at the direction of the board of commissioners to the general public.

(Ord. of 5-22-2001, § 2(10.7)D)

(a)

All wireless communications facilities, proposed to be located on property owned, leased or otherwise controlled by the county shall be exempt from this article; however, where deemed appropriate and feasible, the standards set forth in this article shall be met on those properties.

(b)

Antennas or towers publicly owned property or owned by governmental bodies shall be exempt from the requirements of this article, provided a license or lease authorizing such antenna has been approved by the appropriate board of commissioners.

(c)

A tower under 70 feet in height owned and operated by a federally licensed amateur radio station operator shall be exempted from these requirements. However, the owner or operator of such tower shall be required to comply with all applicable local, state and federal codes.

(d)

Any existing or previously approved tower or antenna shall be considered grandfathered and will not be required to meet any additional requirements of this article than those in place prior.

(e)

A special land use permit, granted by the board of commissioners, shall be required for any receive-only tower, antenna, dish or similar structure that exceeds the maximum height requirement for the district within which it is to be constructed or erected. Such structures may be located within any zoning district upon approval by the board of commissioners.

(Ord. of 5-22-2001, § 2(10.7)E)

Any person or entity collocating an antenna and related equipment or appurtenances on or around a tower for which a permit has already been issued is not required to apply for a special use permit. Administrative approval by the a may be granted upon proof that the tower is structurally capable of holding the antenna and submission of the following:

(1)

The name of the person or entity collocating the antenna.

(2)

The name of the owner of the tower.

(3)

The tower's permit number.

(4)

The location of the tower.

(5)

The remaining structural capacity of the tower.

(6)

Certification that the antenna and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

(Ord. of 5-22-2001, § 2(10.7-1))

Any person or entity locating an antenna and related equipment or appurtenances on or around existing nonresidential structures is not required to apply for a special use permit, but shall be required to obtain administrative approval by the building official upon proof that the structure is capable of holding the antenna and related equipment.

(Ord. of 5-22-2001, § 2(10.7-2))

(a)

Receipt of special use permit. Upon receipt of special use permit application there will be a public hearing regarding the special use and building permit.

(b)

Public notification. Legal notice of the public hearing before the county commission shall be published in the newspaper of general circulation in the county in which the legal advertisements of the county are published. The application advertisement shall include date, time, place and purpose of the public hearing at least 15 days and not more than 45 days prior to the date of the date of the first hearing by the county commission.

(1)

For all applications for proposed monopole towers or lattice-framed towers, the department of planning and zoning shall notify by regular mail all property owners within 200 feet of the property being considered as shown by the most recent county tax records at the addresses shown on said records and all adjoining landowners.

(2)

In those cases where a proposed monopole tower is to be a minimum of 100 feet in height or greater, the department of planning and zoning shall be required to notify by regular mail all property owners within a one-quarter mile (1,320) feet radius of the property being considered as shown by the most recent county tax records at the addresses shown on said records.

(3)

In those instances where a proposed lattice-framed tower is to be a minimum height of 150 feet, the department of planning and zoning shall be required to notify by regular mail all property owners within a one-half mile (2,640 feet) radius of the property being considered as shown by the most recent county tax records at the county addresses shown on said records.

(4)

In addition to notifying those property owners in the immediate areas, the county shall also notify those individuals, groups or associations that register as interested parties, and that list shall be maintained by the planning and zoning department.

(c)

Approval or denial. The county commission shall approve or deny any special use permit request and require any conditions deemed necessary or appropriate to maintain safety, health, scenic value, and welfare of the county. Any special use permit for communications towers which are denied shall be supported by substantial evidence contained in a written record.

(Ord. of 5-22-2001, § 2(10.8))

(a)

Factors for consideration. The county commission shall consider the following factors in determining whether to approve this proposed use:

(1)

Height of the proposed tower/fall zones;

(2)

Proximity of the tower to residential structures or uses which may be incompatible with the towers (such as private or public airports);

(3)

Nature of uses on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

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

(6)

Proposed ingress and egress; and

(7)

Availability of suitable existing towers and other structures.

(b)

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 commissioners 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 and structures do not have sufficient height to meet applicant's engineering requirements.

(3)

Existing towers and 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 new tower development are presumed to be unreasonable.

(6)

The applicant demonstrates there are other limiting factors which render existing towers and structures unreasonable.

(Ord. of 5-22-2001, § 2(10.10))

Upon approval by the county commission the special use permit and building permit shall be issued upon receipt of the fee as assessed according to the schedule posted in the county hall has been paid.

(Ord. of 5-22-2001, § 2(10.11))

Special use permits granted in accordance to this article shall be utilized by the applicant within 12 months after such permit is granted by the board of commissioners. Upon a finding and report to the board of commissioners by the building official that no development or construction has taken place to utilize a special use permit within the 12 month period or a finding that the tower constructed has been abandoned or has been dismantled and is no longer present on the site, the board shall initiate proceedings to review the permit and make the determination whether the permit should be revoked or whether the property should be rezoned to a different classification.

(Ord. of 5-22-2001, § 2(10.12))