Wireless telecommunication service facilities shall not be permitted in residential zoning districts.

(Ord. 2021-08 §2)

It is unlawful for any person to install or operate a wireless telecommunication service facility unless a use by conditional review has first been approved by the Town Council, as provided in Section 16.3.40 of this Code. The approval of such use by conditional review does not relieve the operator from otherwise complying with all applicable regulatory requirements of the Town, state and federal governments.

(Ord. 2021-08 §2)

(a)

Site Plans. The site Plans for a wireless telecommunication service facility shall be submitted on one (1) or more plats or maps at a scale not less than 1" = 50', showing the following information:

(1)

Proposed size, location and boundaries of the commercial mobile radio service facility site, including existing and proposed topography at two (2)-foot intervals, referenced to USGS data, state Plane coordinates and a legal description of the proposed site.

(2)

Elevations of all towers and equipment, indicating materials, overall exterior dimensions and colors.

(3)

True north arrow.

(4)

Locations and size of existing improvements and existing vegetation, if any, and location and size of proposed improvements, including any landscaping.

(5)

Existing utility easements and other rights-of-way of record, if any.

(6)

Location of access roads.

(7)

Names of abutting subdivisions or the names of owners of abutting, unplatted property within five hundred (500) feet of the site, zoning and uses of adjacent parcels.

(8)

Proof of ownership in a form acceptable to the Town.

(b)

Vicinity maps. The vicinity maps submitted with an application under this article shall include one (1) or more maps showing the location of existing and Planned commercial mobile radio service facilities belonging to the applicant that are within five (5) miles of the proposed facility. Planned facilities may be identified in general terms and need not be addressed specifically.

(c)

Written narrative. The application shall include the following in narrative form:

(1)

The applicant's and surface owner's names, addresses, signatures and designation of agent, if applicable.

(2)

An exPlanation of the need for such a facility, operating Plan and proposed coverage area.

(3)

If a freestanding facility is proposed, an analysis of alternatives to a freestanding facility within a one (1)-mile radius of the facility.

(4)

A list of all permits or approvals obtained or anticipated to be obtained from local, state or federal agencies other than the Federal Communications Commission (FCC).

(5)

Affirmation that the proposed facility, alone or in combination with other like facilities, will comply with current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields.

(6)

Affirmation that the facility will comply at all times with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts.

(7)

Affirmation that the facility will not interfere with any public safety frequencies servicing the Town's GMA and its residents.

(8)

Affirmation that, if approved, the applicant and surface owner will make the facility available on a reasonable basis to other service providers.

(9)

An exPlanation of compatibility with the Comprehensive Plan.

(Ord. 2021-08 §2)

(a)

The recommendation of the Planning Commission and the decision of the Town Council shall be based on whether the applicant has demonstrated that the proposed wireless telecommunication service facility meets the following standards:

(1)

The site Plan complies with the foregoing requirements.

(2)

The vicinity map complies with the foregoing requirements.

(3)

The narrative for the application complies with the foregoing requirements.

(4)

When applicable, complies with the setback and height requirements.

(5)

When applicable, complies with the accessory building requirements.

(6)

When applicable, complies with conditional mitigation co-location requirements as set forth in Section 16.10.90 of this article.

(b)

The review criteria shall be included in the ordinance granting approval of the conditional use.

(Ord. 2021-08 §2)

In all performance districts where wireless telecommunication service facilities are allowed as uses by conditional review, the following shall apply:

(1)

Roof-mounted or building-mounted commercial mobile radio service facilities, including antennae, may not protrude above the parapet line of the building or structure nor more than eighteen (18) inches outside of the building wall, unless sufficient screening or other camouflage methods are demonstrated and accepted as part of the approval.

(2)

Applicable zoning setback requirements of this article must be met. At a minimum, all freestanding facilities shall be set back at least five hundred (500) feet from all residentially zoned properties or residential structures on properties otherwise zoned.

(Ord. 2021-08 §2)

(a)

Accessory buildings located on the ground shall be no larger than four hundred (400) square feet and must be constructed of durable, low-maintenance materials and must be architecturally compatible and integrated with existing buildings and structures. Sites with greater than one hundred (100) cubic feet of cabinet area that are visible from a public right-of-way or residentially zoned or used area must enclose the equipment in accessory structures acceptable to the Town.

(b)

Accessory buildings and facilities are to be screened, to the extent possible, from public streets and sidewalks, either by screening, landscaping, location or other techniques deemed sufficient.

(Ord. 2021-08 §2)

Building-mounted or roof-mounted facilities shall be screened from public view, either by screening, location or other techniques deemed sufficient.

(Ord. 2021-08 §2)

All freestanding wireless telecommunication facilities shall be designed and constructed in such a manner that they are:

(1)

Capable of serving, through original construction, expansion or replacement, a minimum of two (2) users.

(2)

Constructed as a monopole, which tapers toward the top of the pole to the degree allowed by structural requirements, unless some other decorative or camouflage type of structure is proposed and approved.

(3)

Of a neutral color, including fencing, buildings and cabinets or matching existing buildings.

(4)

Holding only lighting required by the Federal Aviation Administration and no signage.

(5)

No higher than fifty (50) feet from the ground, with an additional twenty (20) feet per co-locating user permitted, up to seventy (70) feet (exceptions may be granted upon request by the applicant).

(6)

Constructed in accordance with a certified engineer's specifications and in compliance with all applicable building Code provisions.

(Ord. 2021-08 §2)

(a)

Unless demonstrated to be impractical, the Town shall require co-location of wireless telecommunication service facilities to minimize the number of sites.

(b)

No wireless telecommunication service facility owner or operator shall unfairly exclude a competitor from using the same facility or location. Unfair exclusion of use by a competitor may result in the revocation of the use by conditional review or site development Plan.

(Ord. 2021-08 §2)

Each applicant shall submit a land use application (example available upon request from Town Staff) and pay applicable fees based on current fee schedule. No permit will be issued until all fees are paid.

(Ord. 2021-08 §2)

At the request of the Town, the operator must furnish a statement to the Town indicating the operational status of the facility. If the use has been discontinued, the date on which the facility was last used shall also be provided. Commercial mobile radio service facilities not used for a continuous period of six (6) months shall be disassembled within twelve (12) months of the last use.

(Ord. 2021-08 §2)

Any person who constructs, installs or uses, or who causes to be constructed, installed or used, any wireless telecommunication service facility in violation of any provision of this article or the conditions and requirement of the conditional use permit, may be punished as provided in Section 16.9.10 of this Code. Each day of unlawful operation constitutes a separate violation.

(Ord. 2021-08 §2)

In the event that any building or structure is or is proposed to be erected, constructed, reconstructed, altered or used, or in the event that any land is or is proposed to be used in violation of any provision of this article or the conditions and requirements of the special use permit, the Town, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or use.

(Ord. 2021-08 §2)