The purpose of this article is to establish general guidelines for the siting of towers and antennas. The goals of this article are to: (I) encourage the location of towers in nonresidential areas and minimize the total number of towers and tower sites throughout the community, (II) encourage strongly the joint use of new and existing tower sites, (III) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal, (IV) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas, (V) to provide adequate sites for the provision of wireless communication services with minimal negative impact on the resources of the county.

Cross reference— Businesses, pt. I, ch. 14.

(Ord. of 4-14-2003(2))

The requirement set forth in this article shall govern the location of towers that exceed and antennas that are installed at greater than 50 feet in height and dish antennae/satellite dishes over six feet in diameter at any height.

(Ord. of 4-14-2003(2))

1.

Alternative tower structure—Manmade trees, silos, clock towers, steeples, utility companies power transmission towers, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

2.

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

3.

FAA—The Federal Aviation Administration.

4.

FCC—The Federal Communications Commission.

5.

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 lighting rod.

6.

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

(Ord. of 4-14-2003(2))

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority 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 the applicant's engineering requirements.

2.

Existing towers or structures are not of sufficient height to meet the applicant's engineering.

3.

Existing towers or structures do not have sufficient structural strength to support the 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, cost, 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 demonstrated that there are other limiting factors that render existing towers and structures unsuitable.

(Ord. of 4-14-2003(2))

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

1.

Towers must be set back a distance equal to 200 percent of the height of the tower from any existing off-site residential structure and in no case less than 400 feet;

2.

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

3.

The distance from the base of all towers to the property boundary of the parcel upon which the tower is located shall be 110 percent of the height of the tower.

(Ord. of 4-14-2003(2))

Towers shall be enclosed by security fencing not less than ten feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the governing authority may waive such requirements, as it deems appropriate.

(Ord. of 4-14-2003(2))

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

1.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens 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 compound.

2.

In locations where 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, natural growth around the property perimeter may be sufficient buffer.

4.

If the base of the tower becomes visible from the adjacent property lines because of changes on the subject property, the base shall promptly be screened with evergreen landscaping where visible, as determined by the zoning administrator.

(Ord. of 4-14-2003(2))

Owners of towers shall provide the county collocation opportunities without compensation as a community benefit to improve radio communication for county departments and emergency services.

(Ord. of 4-14-2003(2))

Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the governing authority notifying the owner of such removal requirement. Removal includes the removal of the tower, any and all 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. If the tower is not removed per this section, the county may require the landowner to have it removed.

(Ord. of 4-14-2003(2))

The requirement set forth in this section shall govern the location of all towers and the installation of all antennas governed by the supplementary regulations.

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 county 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, except as otherwise provided in the approved conditional use permit.

7.

Towers shall be designed to collapse within the lot lines in case of structural failure.

8.

Except where the provisions of an approved conditional use permit by special exception or other governmental regulations restrict the height of the tower, or where a stealth design is used, an engineering report, certifying that the proposed tower is compatible for collocation with a minimum of four users including the primary user, must be submitted. If the height of the tower is restricted or a stealth design is used and the tower cannot accommodate four users, then a report must be submitted that describes the design limitations for collocation.

(Ord. of 4-14-2003(2))

All new 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. 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 as required. 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.

(Ord. of 4-14-2003(2))

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.

Cross reference— Buildings and building regulations, pt. I, ch. 10.

(Ord. of 4-14-2003(2))

The governing authority shall consider the following factors in determining whether to issue a special use permit, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if the governing authority 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 which outlines policy regarding company's willingness to collocate on other company towers, company's willingness to accept other uses on its towers and fees charged for additional antennas;

9.

Language of the lease agreement;

10.

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

11.

Availability of suitable existing towers and other structures as discussed in section 3-173 of this article.

(Ord. of 4-14-2003(2))