Palm Shores City Zoning Code

TELECOMMUNICATIONS TOWERS

AND ANTENNAS

§ 157.545 PURPOSE AND INTENT.

(A) The intent of this subchapter is to provide standards and regulations for the location of telecommunications antennas and towers in the town. These regulations and requirements are adopted with the intent and purpose of:

(1) Protecting the health, safety and welfare of the public;

(2) Of encouraging users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(3) Of protecting residential areas, scenic roads, historical sites and other land uses from potential adverse impact of antennas and towers;

(4) To minimize adverse visual impact of antennas and towers through careful design, siting and landscaping;

(5) To encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas;

(6) To promote and strongly encourage shared use (collocation) of existing towers and antenna support structures as a primary option rather than construction of additional single-use towers;

(7) To avoid potential damage to property caused by antennas and towers by ensuring the structures are soundly and carefully designed, constructed, modified and maintained;

(8) To ensure that antennas and towers are compatible with surrounding land uses; and

(9) To enhance the ability of the providers of telecommunication services to provide the services to the community quickly, effectively and efficiently.

(B) The Town Council hereby finds and declares that the concept of the public welfare is broad and inclusive. The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of this Town Council to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled. All applicants for a special permit for telecommunication towers shall have the burden of demonstrating that the proposed placement of telecommunication towers and antennas is to the extent possible, consistent with the preservation of the aesthetics of the community.

(2000 Code, § 66-1029) (Ord. 99-01, passed 3-23-1999)

§ 157.546 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANTENNA. Any exterior apparatus designed to transmit or receive communications as authorized by the FCC. The term ANTENNA shall not include satellite earth stations used to receive direct-to-home satellite services as defined in 47 U.S.C. § 303(v). An array of antennas, installed at one time and designed as a single, integrated system, shall be considered as a single antenna.

ANTENNA SUPPORT STRUCTURE. Any building or other structure other than a tower, which can be used for the location of an antenna. An ANTENNA SUPPORT STRUCTURE shall be referred as to as a UTILIZED ANTENNA SUPPORT STRUCTURE if it is or has been used for the location of an antenna.

CAMOUFLAGED ANTENNA AND/OR TOWER. A wireless communications antenna and/or tower designed to unobtrusively blend into the existing surroundings and be disguised to not have the appearance of a wireless communications antenna and/or tower. CAMOUFLAGED ANTENNAS AND/OR TOWERS on buildings must be disguised to appear as an accessory structure that is normally associated with the principal use occupying the property. CAMOUFLAGED ANTENNAS AND/OR TOWERS must be disguised to blend in with other facilities on the property or existing vegetation, such as a tower constructed in the form and shape of a tree to be part of a forested area, or an antenna and/or tower constructed to be a component of a bell, clock or water tower on sites with compatible buildings or a component of a church steeple on sites with churches. Surface finish, paint and/or markings alone are insufficient to qualify for a determination as a CAMOUFLAGED ANTENNA AND/OR TOWER.

COLLOCATION. The process of locating two or more antennas on an existing or proposed tower or antenna support structure.

ENGINEER. Any engineer licensed by the state. Radio-frequency engineers do not have to be licensed by the state, however, for purposes of this subchapter, if their qualifications include specific experience or employment in the telecommunications industry in a professional technical capacity.

MODIFY. Includes all structural changes to a tower other than routine maintenance, including, without limitation, structural modifications, rebuilding or relocating on the same parcel. MODIFY does not include adding additional or different antennas or deleting or removing antennas.

(1) The structural changes shall be subject to the requirements concerning MODIFIED TOWERS or MODIFICATION TO TOWERS if:

(a) They are made to accommodate collocation; and

(b) After the changes, the tower will not exceed 40 feet over the tower’s originally approved height.

(2) If the structural changes do not meet the requirements of the preceding division, they shall be subject to the requirements of this section concerning new towers or the construction of towers.

MONOPOLE TOWER. A tower consisting of a single pole or spine self supported by a permanent foundation and constructed without guy wires and ground anchors.

TOWER. A lattice, guyed or monopole structure constructed from grade which supports antennas. The term TOWER shall not include the singular use as a amateur radio operator’s equipment, as licensed by the FCC, or antenna support structures and/or towers which are less than 50 feet in height and are used only to support antennas which receive, but do not transmit television signals.

TOWER CLUSTERING. The location of two or more towers on a parcel of property.

(2000 Code, § 66-1030) (Ord. 99-01, passed 3-23-1999)

§ 157.547 LOCATION PRIORITY.

(A) It is recognized that different wireless telecommunication services and providers have distinct geographical areas in which they must be located to provide their service, but it is also recognized that there is usually some flexibility in the type of antenna and type of support structure on which the antenna is to be located. Therefore, all antennas and towers subject to this section shall to the extent possible be located in accordance with the following prioritization of types of facilities and sites.

(B) Priority of facilities or sites:

(1) Antennas on existing towers;

(2) Antennas on existing antenna support structures;

(3) Antennas on modified or reconstructed towers designed to accommodate the collocation of additional carriers;

(4) Towers and antennas on limited replacement/modified light standards, power poles or other the antenna support structures in a nonresidential zoning district; and

(5) New construction and new towers.

(2000 Code, § 66-1031) (Ord. 99-01, passed 3-23-1999)

§ 157.548 PERMITTED USES.

(A) A communication tower, meeting the requirements of this chapter and specifically §§ 157.550 through 157.552 and 157.554 shall be a permitted use of land requiring administrative review and administrative permit only, through approval by the Town Council. A communication tower allowed as a permitted use under this section shall be limited to a maximum of 70 feet in height and shall be a monopole tower.

(B) A communication tower which fails to meet the requirements of this section as a permitted use may be permitted by a conditional use permit, if issued by the governing body designated to hear and decide special exception or conditional uses, after review and recommendation by the Planning and Zoning Board:

(1) On property with an industrially or commercially designated land use and zoning;

(2) On property within an urban commerce district or specialized commerce district;

(3) On new structures and replacement structures on electrical substation properties as long as the new structure is setback at least 75% of the height away from an existing residential structure and the new structure is no more than 150 feet in height; and

(4) On institutional or government property, where the proposed tower will serve an overriding public purpose and is needed to support emergency services.

(2000 Code, § 66-1032) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.549 CONDITIONAL USE PERMIT.

(A) No person shall erect or modify an antenna or an antenna support structure, construct a new tower or modify an existing tower without first obtaining a special use permit pursuant to this section, or an administrative permit as set forth herein. The Town Council, or body designated to hear and decide special/conditional use permit requests, is under no obligation to approve a special use permit application unless and until the applicant meets their burden of demonstrating that the proposed use will not adversely affect the public interest, the proposed use is consistent with the comprehensive plan and the proposed use is compatible with the land use in the surrounding area. The Town Council’s or designee’s determination shall be based on substantial and competent evidence, documentation and testimony received at the public hearing, including, but not limited to, the recommendation of the town planning staff, the recommendation of the Planning and Zoning Board, information and recommendation of town engineering consultants, information from the applicant and any party in support or opposition, or their respective representatives.

(B) In addition, the Town Council or designee shall consider the following factors in determining whether to issue a special use permit for a new tower, although the Town Council or designee may waive or reduce the burden on the applicant of one or more of these criteria if the Council or designee concludes that the goals of this section are better served thereby:

(1) Height of the proposed tower; surrounding topography; surrounding tree coverage and foliage; nature of uses on adjacent and nearby properties; proposed ingress and egress; and availability of suitable existing towers and other structures as set forth in this section;

(2) Proximity of the tower to residential structures and residential subdivision boundaries, including the amount of the tower that can be viewed from surrounding residential zones in conjunction with its proximity (distance) to the residential zone, mitigation landscaping, existing character of surrounding area, or other visual options proposed by the applicant;

(3) Proximity of the tower to public and private airports, including but not limited to the effect on the airport traffic pattern and visual and instrument approaches, orientation to the runway heading and type and volume of aircraft traffic operating at the airport;

(4) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including the extent to which the tower is designed and located to be compatible with the nature and character of other land uses and/or with the environment within which the tower proposes to locate, the tower may be placed, designed or camouflaged to assist with mitigating the overall aesthetic impact of a tower;

(5) Surrounding topography, tree coverage and foliage;

(6) Proposed ingress and egress; and

(7) No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town Council that no existing tower or antenna structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or antenna support structure can accommodate the applicant’s proposed antenna must be submitted with the application and may consist of any of the following:

(a) No existing towers or antenna support structures are located within the geographic area required to meet applicant’s engineering requirements;

(b) Existing towers or antenna support structures are not of sufficient height to meet applicant’s engineering requirements;

(c) Existing towers or antenna support structures do not have sufficient structural strength to supports applicant’s proposed antenna and related equipment;

(d) The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or antenna support structure, or the antenna on the existing towers or antenna support structures would cause interference with the applicant’s proposed antenna;

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

(f) The applicant demonstrates that there are other limiting factors that render existing towers and antenna support structures unsuitable.

(2000 Code, § 66-1033) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.550 DEVELOPMENT STANDARDS.

(A) The following development standards shall govern the application, consideration and issuance of administrative and special use permits.

(B) The applicant shall comply with the following conditions, unless the applicant can obtain a variance through the Board of Adjustment, after the variance request is reviewed and receives a recommendation by the Planning and Zoning Board.

(1) Setbacks and location requirements. The following matrix, showing separation requirements shall apply to all towers, at a minimum, whether a permitted use or special exception. For those towers which do not abut residentially zoned or used lands, the towers shall be setback from the property lines a distance equal to one feet for every two feet of tower height, but in no case less than the underlying setback, whichever is greater. In zoning districts which require special or conditional use permit, additional setbacks may be required to satisfy safety and aesthetic concerns. Structural support devices such as peripheral anchors, guy wires or other supporting devices shall be located pursuant to the district setbacks, but in no event closer than ten feet from any property line of the parent parcel, where there are no setbacks required. A minimum setback of ten feet from all overhead utility lines shall be required.

(2) Setbacks from parent property lines. Tower setbacks shall be measured from the base of the tower to the property lines of the parent parcel. The tower owner shall provide a lease or deed or recorded fall zone easement covering the certified fall radius, and all towers shall be located on a parcel in a manner that in the event of collapse, the tower structure and its supporting devices shall be contained within the confines of the property lines of the parent parcel. The fall radius of the tower shall be determined and certified by a state licensed engineer.

(3) Location requirements relative to off-site uses and zoning. Towers shall meet the locational requirements set forth in the table below from adjacent and surrounding properties of the parent tract. If the owner of the property where the tower is to be located owns residential units thereon or on surrounding properties (or if the properties are owned by his or her parents or children and they have consented in writing), those units shall not be taken into consideration when calculating the setback and locational requirements in this section.

Tower Locational Requirements
Separation from	Distance
Any adjacent or surrounding residential dwelling	100% of tower height or 50 feet which ever is greater
Any adjacent or surrounding residentially zoned land	100% of tower height or 50 feet whichever is greater
Any government used land	100% of tower height
Public road rights-of-way	100% of tower height
Designated scenic roadways	100% of tower height

(4) Collocation. All new towers, whether monopole, lattice or guyed, shall be designed and constructed to allow collocation of a minimum of two antennas for monopoles and four antennas for other towers. The tower owner/operator shall submit executed collocation agreements or binding letters of intent for each collocation as support for granting the permit to locate the tower, if any. Collocation agreements or binding letters of intent shall be in a form acceptable to the Town Attorney that shall provide that each of the additional users will be utilizing the tower upon its completion.

(5) Tower clustering. Application for tower clustering shall be filed with the town and shall include a site plan showing the location and fall zone radius of each tower. The town planner shall prepare and forward a recommendation and supporting documents to the Town Council. The Council may approve or deny the site for tower clustering by adoption of a resolution, provided however, if one or more of the towers requires a special use permit, the resolution of approval shall be subject to issuance of the necessary special use permit. Unless otherwise approved by the Town Council, towers shall be separated from each other a minimum distance equal to the certified fall radius.

(6) Landscaping and buffers. Landscaping of tower electrical control equipment facilities/structures and compound shall be required. A planting area a minimum or four feet wide, around the outside perimeter of the fence around the tower compound shall be established. The area shall be planted with a hedge of native or ornamental evergreen shrubs at least 30 inches in height at planting and capable of growing to at least 40 inches in height within the first growing season. Plants shall be mulched using two inches of material. A drip or low volume/pressure irrigation system or other alternative means of insuring hearty growth of vegetation shall be utilized. These plant materials shall be designed and placed to effectively screen the view of the tower compound from adjacent property. Ornamental trees may be included in the design to achieve this goal. Landscape buffering on the parent parcel shall be installed along the portion of the parent parcel boundaries between the tower and off-site residentially zoned property as necessary to buffer residential property when vegetative buffers are non-existent or provide insufficient screening. Plant materials shall be designed and placed to screen the view of the tower compound. Ornamental trees may be included in the design to achieve this goal. Existing mature tree growth and natural landforms on the property shall be protected and preserved to the maximum extent possible. New trees shall be a minimum of two inches D.B.H. and shall be container grown. Shrubs shall be a minimum of 18 through 24 inches in height and shall be in a three gallon container. Plants shall be mulched using two inches of material. All plant material shall be guaranteed for two years following final inspection and approval. Replacements shall be made annually and coordinated with the town planner or other Town Council designee. The Town Council may require a greater buffer where appropriate or waive or modify any or all of these requirements if the goals of this section would be better served thereby.

(7) Lighting. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA) or other applicable authority. If lighting is required, the town shall review the available lighting alternatives and approve the design that will cause the least disturbance to the surrounding views, including but not limited to installation of bottom shielding on all lights.

(8) Color. Towers shall either maintain a galvanized steel finish, or concrete, or be painted a color so as to reduce visual obtrusiveness, subject to any applicable standards of the FAA, except for camouflaged towers. The wiring conduit and coaxial cable shall be designed or painted to reduce visual obtrusiveness.

(9) Buildings. At the tower site, the design of the building and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend with the tower facilities to the natural setting and built environment. Outdoor storage is not permitted at a tower site.

(10) Antenna. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a 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.

(11) Signage. No signage shall be allowed on any tower, except as required for public safety purposes or by the Federal Communication Commission (FCC).

(12) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the Town Council may waive the requirements, as it deems appropriate. The use of barbed wire is prohibited.

(13) Inventory of existing sites. In order to encourage collocation of facilities, the town shall maintain a current map of all existing towers and all antenna support structures on which an antenna has been located. To prepare and maintain a map, at the time of its first application after the effective date of this subchapter, each applicant for an antenna and/or new tower shall provide to the town planner an update of the inventory of the communications company’s existing towers and antennas and approved towers that are either within town or within one-quarter mile of the border thereof, including municipal boundaries, including specific information about the location (including longitude, latitude and global positioning system location), height and design of each tower. The town may share the information with other applicants applying for administrative approvals or special use permits under this subchapter or other organizations seeking to locate towers or antennas within the jurisdiction of the Town Council, provided however, that the town is not, by sharing the information, in any way representing or warranting that the sites are available or suitable.

(14) 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. If, upon inspection, the Town Council concludes that a tower fails to comply with the codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with the standards. If the owner fails to bring the tower into compliance within the 30 days, the Council may remove the tower at the expense of the owner and/or landowner.

(15) Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower constructed after the effective date of this subchapter shall ensure that it is constructed and maintained in compliance with EIA/TIA 222-E Standard, as published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Town Council concludes that a tower fails to comply with the codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with the standards. If the owner fails to bring the tower into compliance within the 30 days, the Town Council may remove the tower at the expense of the owner and/or landowner.

(16) Public notice. For purposes of this section, any conditional/special use permit for a tower shall require a 15 day public notice to all abutting property owners and all owners of property that are located within 500 feet of the perimeter of the parent parcel upon which proposed communication tower is located. Municipalities within one mile of the proposed site and owners of private and public airports within a two mile radius of the proposed site shall also receive notification Failure of a municipality to respond within 30 days after notification shall be interpreted as no objection.

(2000 Code, § 66-1034) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.551 PERMIT APPLICATION.

An applicant requesting a new tower permit, a permit to modify an existing tower or a permit for a new antenna on an antenna support structure or a tower shall include the following:

(A) Information required. Each applicant requesting a special use permit shall submit a complete application as set forth herein, including a scaled site plan and a scaled elevation view and other supporting drawings, calculations and other documentation, signed and sealed by appropriate licensed professionals, showing the location (including longitude, latitude and global positioning system location) and dimensions of all improvements, including information concerning topography, radio frequency coverage, geographical area required to meet applicant’s engineering requirements (applicant’s search ring), tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses and other information deemed by the Town Council to be necessary to assess compliance with this section. Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical shall be certified by a licensed professional engineer. For new towers only, a site plan, based upon the town’s requirements, drawn to scale shall be required with the application. The Town Clerk shall provide a checklist of items required for the site plan. The site plan shall also include the criteria pursuant to this section;

(B) The height of the proposed or modified tower or antenna support structure (including the antenna);

(C) For new towers only, the location of the proposed new tower, antenna support structure or modified tower, placed upon an aerial photograph possessing a scale of not more than one inch equals 660 feet, indicating all adjacent land uses within a radius of 1,000 feet from all property lines of the proposed tower location site. For a permit to modify an existing tower, written documentation that the modified tower can accommodate collocation and will not exceed 40 feet over the tower’s existing height. For a new antenna on an antenna support structure or tower, a description of the antenna and antenna support structure with technical reasons concerning its design;

(D) For new towers only, the names, addresses and telephone numbers of all owners of the proposed tower and the location of other towers or usable antenna support structures within one-half mile radius of the proposed new tower site and within the geographical area required to meet applicant’s engineering requirements (applicant’s search ring), including property zones and property that is owned by a government entity within one mile radius of the proposed site;

(E) For new towers only, written approval or a statement of no objection from the FCC, FAA and other state and federal government agencies that regulate towers. In addition, all applications for new towers within a two mile radius of a public or private airport shall demonstrate that the tower location will not interfere or obstruct the flight path of the airport;

(F) For new towers only, written documentation demonstrating that the applicant made diligent efforts for permission to collocate on existing or approved towers or usable antenna support structures or locate on government owned property located within the applicant’s search ring and within a one mile radius of the proposed site;

(G) A description of the tower, or antenna and antenna support structure with technical reasons concerning its design;

(H) For new and replacement towers only, written documentation from a qualified radio frequency engineer that the construction and placement of the tower will not interfere with public safety communication and the usual and customary transmission or reception of radio, television, or other communication service;

(I) Written, technical evidence from an engineer(s) that the proposed antenna tower or structure meets the structural requirements standards as defined in this section. The applicant is required to submit the necessary building plans to the Building Department;

(J) For new towers only, if volatile, flammable, explosive or hazardous material (such as LP gas, propane, gasoline, natural gas, corrosive or other dangerous chemicals) except standard battery back up systems typically used in telecommunication industry, are present on the site or in proximity thereto, written technical evidence from a qualified engineer(s) acceptable to the Fire Marshal and the Building Official that the material is properly stored consistent with applicable codes and does not pose an unreasonable risk of explosion, fire or other danger to life or property;

(K) For new towers only, 20 copies of the final written report of all experts which the applicant will rely upon to support its application. The applicant may supplement the reports during the public hearing process to address additional issued raised at the public hearings; and

(L) Payment of all permit fees, as well as other fees and charges assessed by the town (e.g. fees for building permits, site plan review and the like). The applicant shall pay any reasonable additional costs incurred by the town in processing the application including, without limitation, compensation for engineers (including radio frequency engineers) or other technical consultants retained by the town.

(2000 Code, § 66-1035) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.552 ADMINISTRATIVE PERMIT.

(A) No person shall erect or modify an antenna on an antenna support structure, construct a new tower as a permitted use or modify an existing tower without first obtaining an administrative permit pursuant to this section. The Town Council shall issue administrative permits consistent with the requirements to this section and this subchapter. An application for an administrative permit shall be in writing and in the form and content necessary to justify the permit. Within 15 days of receiving an application or a supplement to a pending application, the town planner shall determine and notify the applicant whether the information in the application is sufficient or shall request any additional information needed. The applicant shall either provide the additional information requested or shall notify the town planner in writing that the information will not be supplied and the reasons therefor. If the applicant does not respond to the request for additional information within 60 days, the application shall be deemed to be withdrawn. Within 30 days after acknowledging receipt of a sufficient application, or of receiving notification that the information will not be supplied, the town planner shall have the Town Clerk place the application on the next available Council agenda.

(B) The following uses may be approved in writing by the Town Council or designee after submission of a complete application, an administrative review and issuance of an administrative permit:

(1) Towers allowed as a permitted use;

(2) Installing an antenna on an existing structure other than a tower (such as a building, light pole, water tower or other freestanding nonresidential structure) that is 50 feet in height or greater, so long as the additional antenna adds no more than 40 feet to the height of the originally approved structure;

(3) Installing an antenna on any existing tower of any height, including the placement of additional equipment buildings or other supporting equipment used in connection with the antenna, so long as the addition of the antenna does not add to the height of the originally approved tower;

(4) Replacement towers, antenna support structures or tower modifications meeting the requirements of this section. A communication tower may be modified or reconstructed to accommodate the collocation of an additional communication antenna by administrative permit and shall be subject to the following provisions:

(a) The modified or replacement structure shall be either of the same tower type as the existing communication tower or a monopole tower that is replacing an existing lattice or guyed tower, as long as the existing height is exceeded;

(b) An existing communication tower may be modified or rebuilt to a taller height, not to exceed 20 feet over the tower’s original height, to accommodate the collocation of additional communication antennas; and

(c) The modified or replacement structure shall be exempt from any of the separation requirements set forth in § 157.550.

(5) An existing transmission line tower or pole-type antenna support structure (such as utility structure/pole) may be modified or replaced by administrative permit to allow for the collocation of additional antenna(s), providing the following criteria are met. If the following criteria can not be met, an existing pole-type antenna support structure may be modified or replaced by special use permit:

(a) The communication antenna attached to the existing electrical transmission tower or pole-type structure or replacement monopole shall not extend above the highest point of the pole-type structure or replacement monopole more than 20 feet, as measured from the height of the original pole-type structure and the modified or replaced structure shall not exceed a height of 150 feet;

(b) If the resulting structure/tower adds additional height over the original pole-type structure, the closest residential structure shall be located a distance of at least 150% the height of the structure/tower from the base of the pole-type structure or replacement tower;

(c) If no additional height over the height of the original pole-type structure is added by either the attachment of the communication antenna to the existing pole-type structure, or the replacement tower including the communication antenna, the structure/tower is permitted with no additional distance separation or setback from residential structures over that which was provided by the original pole-type structure;

(d) The communication antenna and support structure comply with all applicable FCC and FAA regulations;

(e) The communication antenna, pole-type structure and/or replacement monopole tower comply with all applicable building codes; and

(f) Pole-type structures within public rights-of-way, or used for power distribution shall be eligible for use under this division. Notwithstanding the foregoing sentence, pole-type structures within front yard, side yard or rear yard residential subdivision easements are not eligible for use under this division.

(2000 Code, § 66-1036) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.553 ABANDONMENT OF COMMUNICATION TOWERS.

(A) Compelling public interest. The Town Council finds and declares that, because of the national public policy of ensuring that the wireless industry and its evolving new technologies are accommodated notwithstanding the undesirable effects that communication towers may have on the aesthetics of communities and neighborhoods, there is a compelling public interest in ensuring that communication towers are promptly disassembled, dismantled and removed once they are no longer being used. Further, the Town Council finds that there is substantial risk that towers may cease being used in large numbers if there is a concentration or consolidation of competitors within the industry or if even newer technologies arise, obviating the need for towers.

(B) Abandonment.

(1) In the event the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed abandoned. Determination of the date of abandonment shall be made by the town planner, who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Failure or refusal for any reason by the owner/operator to respond within 20 days to a request shall constitute prima facie evidence that the communication tower has been abandoned. Upon a determination of abandonment and notice thereof to the owner/operator, the owner/operator of the tower shall have an additional 180 days within which to:

(a) Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower within the 180 day period; or

(b) Dismantle and remove the tower.

(2) At the earliest of the 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any approval for the tower will automatically expire.

(1) Notwithstanding the provisions of division (B) above, upon abandonment of a communication tower as determined under division (B) above by the town planner and the failure or refusal by the owner/operator of the tower to either reactivate the tower or dismantle and remove it within 180 days as required by division (B) above, the following persons or entities (the “responsible parties”) shall have the duty jointly and severally to remove the abandoned tower:

(a) The owner of the abandoned tower (and, if different, the operator of the abandoned tower);

(b) The owner of the land upon which the abandoned tower is located;

(d) The sublessee or sublessee(s), if any, of the land upon which the abandoned tower is located;

(e) Any communication service provider who or which by ceasing to utilize the tower, or otherwise failing to operate any of its transmitters or antennas on the tower for which it leased space or purchased the right to space on the tower for its transmitters or antennas and the ceasing or failure to utilize the tower in fact caused the tower to become abandoned;

(f) Any persons to whom or entity to which there has been transferred or assigned any license issued by the Federal Communication Commission and under which the tower owner/operator operated the tower;

(g) Any person or entity which has purchased all or a substantial portion of the assets of the tower owner/operator;

(h) Any entity which has merged with, or which has arisen or resulted from a merger with, the tower owner/operator;

(i) Any person or entity which has acquired the owner or the operator of the abandoned tower;

(j) Any parent or subsidiary of any of the foregoing which happens to be a corporation;

(k) Any managing partner of any of the foregoing which happens to be a limited partnership; and

(l) Any partner of any of the foregoing which happens to be a general partnership.

(2) The abandoned tower shall be removed on or before the 90 day after receipt by the responsible party or parties of a notice from the town planner ordering its removal. The duty imposed by this division shall supersede and otherwise override any conflicting provision of any contract, agreement, lease, sublease, license, franchise or other instrument entered into or issued on or after January 1, 1999.

(2000 Code, § 66-1037) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.554 TOWERS ALLOWED AS PERMITTED USES OR SPECIAL EXCEPTIONS OR CONDITIONAL USES IN THE FOLLOWING ZONING DISTRICT CLASSIFICATIONS.

Due to the size limitations of the town, the configurations and land constraints of the town, the types of residential uses, no towers are permitted in any residentially zoned districts or any lands which residential uses approved by special exception or conditional use.

(A) Towers and monopoles not exceeding 70 feet in height are permitted in any of the following districts:

M-1 Industrial

Commercial Parkway

C-2 General Commercial

(B) Towers and monopoles, exceeding 70 feet in height, are permitted as conditional uses/special exceptions meeting the criteria found herein, after review by the Planning and Zoning Board and approval by the Board of Adjustment or Town Council:

M-1 Industrial

C-P Commercial Parkway

C-2 General Commercial

(C) Any tower or monopole, regardless of the height, must be approved as a conditional use/special exception for any of the following districts. Setbacks in the these districts are greater than provided elsewhere, due to the close proximity to residential areas as provided for in the matrix:

C-1 Neighborhood Commercial

(D) Towers and antennas are not permitted in any residential zone within the town.

(E) Camouflage towers are permissible uses in all industrial, commercial or institutional districts and by conditional use in R-A RM-2, RM-3, TR-1, TRC and TTP.

(F) Modification of any tower sites in any zoning district shall require a conditional use.

(2000 Code, § 66-1038) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.555 EXPECTATIONS AND APPLICABILITY.

Except as provided below, these provisions shall apply throughout the corporate limits of the town and no communication tower or antenna shall be permitted except in compliance with these provisions:

(A) Any communication tower or antenna that is owned and operated by a federally licensed amateur radio operator or is used exclusively for “receive only” antennas;

(B) Any communication antenna which is not attached to a communication tower or building which is accessory to any commercial, industrial, institutional, multi-family or public utility structure provided that:

(1) The communication antenna does not exceed 20 feet above the highest point of the structure or the height limitation for the district, whichever is greater but not more that 60 feet in zoning district without height limitations. This shall include ground mounted satellite dish antennas which shall be regulated as accessory structures;

(2) The communication antenna complies with all applicable FCC and FAA regulations; and

(3) The communication antenna complies with applicable building codes.

(2000 Code, § 66-1039) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.556 TOWN OWNED OR GOVERNMENT LANDS.

The town may authorize the use of town property pursuant to the town’s charter and codes. Telecommunication facilities and telecommunication support structures shall be encouraged to locate on public property, including the right-of-way, when appropriate or necessary for the safety, health and welfare of the community.

(2000 Code, § 66-1040) (Ord. 99-01, passed 3-23-1999)

§ 157.557 FEES.

(A) In addition to the schedule of fees for any development order or permit, the following schedule applies to all applications for towers, whether by administrative permit or special/conditional use:

Monopoles under 70 feet	$250
Monopoles over 70 feet	$350
All other towers	$500

(B) Applicants are responsible for all fees directly associated with the processing of their requests, including advertisements, consultant review fees, staff time, notifications and the like.

(2000 Code, § 66-1041) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.558 STRUCTURAL REQUIREMENTS.

All towers must be designed and certified by an engineer, licensed in the state, to be structurally sound and, at a minimum, in conformance with the town’s Building Code, and any other standards outlined in this subchapter. All towers in operation shall be fixed to land with the exception of temporary telecommunications towers.

(2000 Code, § 66-1042) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.559 TOWER SEPARATION REQUIREMENTS.

All towers shall be separated from any other existing or proposed tower by a minimum of 3,000 feet, unless the towers are determined to be necessary to meet the needs of the local government, as determined by the Town Council. The applicant must show, by aerial photo or other tower inventory map, the location of all towers within 3,000 feet of their proposed tower.

(2000 Code, § 66-1043) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.560 METHOD OF DETERMINING TOWER HEIGHT.

Measurement of tower height for the purpose of determining compliance with all requirements of this section shall be taken from grade and shall include the tower structure itself and the base pad. Height shall be the vertical distance from the grade to the top of the tower structure, and shall include all appurtenances and antennas.

(2000 Code, § 66-1044) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.561 ACCESS.

All parcels upon which towers are located must provide access to at least one parking space on the same site on which the tower is constructed.

(2000 Code, § 66-1045) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.562 CERTIFICATIONS AND INSPECTIONS.

All tower owners shall submit a certification regarding the structural integrity of the tower every five years from the date of permit issuance for monopole towers and every two years for all other towers. The owner may be required by the town to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower has been jeopardized. The town or its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required herein, to inspect the tower for purpose of determining whether it complies with the standard building code and all other construction standards provided by the city’s code, federal and state law. The town reserves the right to conduct the inspections at any time upon reasonable notice to the owner. All expenses related to the inspections by the town shall be borne by the owner.

(2000 Code, § 66-1046) (Ord. 99-01, passed 3-23-1999) Penalty, see § 157.999

§ 157.999 PENALTY.

(A) Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.

(B) Site development plans; §§ 157.135 through 157.151.

(1) Any person, whether as owner, leaseholder, principal, agent, employee or otherwise, who violates any of the provisions of §§ 157.135 through 157.151, or permits any violation to continue, or otherwise fails to comply with the requirements of §§ 157.135 through 157.151 or of any plan or statement submitted and approved under the provisions of §§ 157.135 through 157.151, shall be guilty of an ordinance violation and subject to prosecution as provided for in the town code. Each day the violation continues shall be considered a separate offense. At the option of the town, any violation may be processed through the town’s Code Enforcement Board.

(2) Nothing herein contained shall prevent the town from taking other lawful action, including, but not limited to, resorting to equitable action, as is necessary to prevent or remedy any violation.

(Ord. 2002-03, passed 6-25-2002)