This chapter shall be known as the WIRELESS TELECOMMUNICATIONS ZONING ORDINANCE. (Ord. 17-02, 3-16-2017)

   A.   The purpose of this chapter is to address planning issues resulting from the rapid growth and demand for low radio services. This chapter distinguishes low power radio from other broadcasting type telecommunications technologies and establishes provisions relating to demand, visual mitigation, noise, engineering residential impact, health, safety and facility siting.

   B.   The purposes of this chapter are:

      1.   To regulate personal wireless services antennas, with or without support structures, and related electronic equipment and equipment structures.

      2.   To provide for the orderly establishment of personal wireless services facilities in the Town.

      3.   To minimize the number of antenna support structures by encouraging the co-location of multiple antennas on a single structure, by encouraging the location of antennas on preexisting support structures, and by encouraging the use of Town owned property for antenna support structures.

      4.   To establish siting, appearance and safety standards that will help mitigate potential impacts related to the construction, use and maintenance of personal wireless services facilities.

      5.   To comply with the Telecommunications Act of 1996 by establishing regulations that:

         a.   Do not prohibit or have the effect of prohibiting the provision of personal wireless services;

         b.   Do not unreasonably discriminate among providers of functionally equivalent services;

         c.   Are not based on the environmental effects of radio frequency emissions, other than the requirement that such facilities comply with the Federal Communications Commission regulations concerning such emissions. (Ord. 17-02, 3-16-2017)

The Town Council makes the following findings:

   A.   Personal wireless services devices are an integral part of the rapidly growing and evolving telecommunications industry, and present unique zoning challenges and concerns of the Town.

   B.   The Town needs to balance the interests and desires of the telecommunications industry and its customers to provide competitive and effective telecommunications systems in the Town against the sometimes differing interests and desires of others concerning health and safety, welfare and aesthetics, and orderly planning of the community.

   C.   The Town has experienced an increased demand for personal wireless services facilities.

   D.   It is in the best interests of the Town to have quality personal wireless services available, which necessarily entails the erection of personal wireless services facilities in the Town.

   E.   The unnecessary proliferation of personal wireless services facilities throughout the Town creates a negative visual impact on the community.

   F.   The visual effects of personal wireless services facilities can be mitigated by fair standards regulating their siting, construction, maintenance and use.

   G.   Spacing personal wireless services facilities evenly throughout the Town reduces the negative impact created by the proliferation of telecommunication towers.

   H.   Because of the height and appearance of personal wireless services facilities surrounding properties bear a disproportionate share of the negative impacts of a telecommunication tower.

   I.   A private tower owner who leases space for a personal wireless service facility is the only one who receives compensation for the facility, even though numerous other property owners in the area are adversely affected by the location of the facility.

   J.   Encouraging personal wireless services facilities to be located on Town property, with lease payments paid to the Town instead of an individual property owner, indirectly compensates all citizens of the community and adverse impacts of the facilities, and is therefor the fairest method of distributing burden and benefit.

   K.   Locating antennas on existing buildings and structures creates less of a negative visual impact on the community than the erection of towers.

   L.   Buildings and structures on public property can accommodate antenna arrays, thus, reducing the proliferation of towers on all areas of the Town.

   M.   The public policy objectives to reduce the proliferation of telecommunication.

   N.   Stealth facilities, which are facilities designed to disguise the presence of telecommunication facilities, are preferable to towers and other obstructive support structures, which creates an unmitigated aesthetic impact on surrounding property.

   O.   Because of the obstructive height and size of telecommunications support structures, such facilities have a more substantial negative visual impact in residential areas than in commercial or industrial areas, which frequently contain other high profile structures.

   P.   The site location requirements set forth in this chapter for the placement of personal wireless services are necessary to protect the health, safety and general welfare of the community.

   Q.   Utah Code Annotated section 69-3-1 et seq., grants cities the authority to create or acquire sites to accommodate the erection of telecommunications towers in order to promote the location of telecommunications towers in a manageable area and to protect the aesthetics and environment of the area. The law also allows the Town to require the owner of any tower to accommodate the multiple use of the tower by the other companies where feasible and to pay the Town the fair market rental value for the use of any Town owned site. (Ord. 17-02, 3-16-2017)

The following words shall have the described meanings when used in this chapter, unless a contrary meaning is apparent from the context of the word:

ABANDONMENT: The discontinued use of a telecommunications tower facility or site.

ANTENNA: A transmitting device used in telecommunications that radiates or captures radio signals.

BUSINESS USER: A user of wireless telecommunications transmission as a direct communication use for their business purpose and not profiting from the use of their telecommunications equipment or service.

CO-LOCATION: The reasonable sharing of tower space by more than one (1) user or provider of wireless telecommunications services.

COMMERCIAL PROVIDER: A company or individual who provides equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions, which receives remuneration for such service.

GOVERNMENTAL USER: A political entity or any division or subdivision of any level of official government who uses wireless telecommunications for transmission, reception or transfer of either data or voice communications.

GUYED TOWER: A tower that supports an antenna and requires guy wires or other stabilizers for support.

HEIGHT: The vertical distance from ground level of the object being measured.

LATTICE TOWER: A self-supporting multiple sided, open steel framed structure used to support telecommunications equipment.

LOW POWER RADIO SERVICE FACILITY: An unmanned structure, which consists of equipment, used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached.

MONOPOLE: A single, self-supporting, cylindrical steel or wood pole that acts as the support structure for antennas.

MULTI-LOCATION: The same meaning and the same requirements as co-location, as defined in this section.

NON-COMMERCIAL USER: A company or individual who legally uses wireless telecommunications for services or communications purposes that receive no remuneration for such services.

NON-MAINTAINED: The physical, technical, aesthetic or structural deterioration of the site, to include any tower, antenna, apparatus, building grounds or equipment that is in disrepair or in need of maintenance.

PERSONAL WIRELESS SERVICE: Commercial mobile telecommunications services, unlicensed wireless telecommunications services and common carrier wireless telecommunications exchange access services.

PERSONAL WIRELESS SERVICES FACILITIES: Facilities for the provision of personal wireless services. Personal wireless services facilities include transmitter, antennas, structures supporting antennas, and electronic equipment that is typically installed in close proximity to a transmitter.

ROOF MOUNTED ANTENNA: An antenna or series of individual antennas mounted on a roof, or mechanical room of a building.

SITE: Same as telecommunications lots, as defined in this section.

TELECOMMUNICATIONS LOTS: That area set aside for construction and placement of telecommunications equipment, including any building towers, antennas or other apparatus not housed in a residential or business building. A lot set aside for telecommunications equipment and tower may differ from the official recorded piece of property and will include any required equipment, accessories or fenced area.

WALL MOUNTED ANTENNA: An antenna or series of individual antennas mounted against the vertical wall of a building.

WHIP ANTENNA (FLEXIBLE): An antenna that is cylindrical in shape and flexible in vertical construction.

WHIP ANTENNA (VERTICAL): An antenna that is cylindrical in shape and rigid in vertical construction.

WIDTH: Horizontal measurement of the object being measured whether by side, circumference or diameter. (Ord. 17-02, 3-16-2017)

This chapter applies to both commercial and private low power radio services and facilities, such as cellular or PCS (personal communications system) communications and paging systems. This chapter shall not apply to the following types of communications devices, although they may be regulated by other Town ordinances and policies:

   A.   Amateur Radio: Any tower antenna owned and operated by an amateur radio operator licensed by the Federal Communications Commission.

   B.   Satellite: Any device designed for over-the-air reception of television broadcast signals, multi-channel multipoint distribution service or direct satellite service.

   C.   Cable: Any cable television headend or hub towers and antennas used solely for cable television services. (Ord. 17-02, 3-16-2017)

Any person, firm or corporation desiring to develop, construct or establish a personal wireless services facility in the Town shall submit an application for site plan approval to the Town. The Town shall not consider the application until all required information has been included. The application shall include the following:

   A.   Fee: The fee for site plan review, which shall be in such amount as established by the Town Council.

   B.   Site Plan: A site plan consisting of one (1) or more pages of maps and drawings drawn to scale. The applicant shall submit five (5) copies of the proposed site plan to the Zoning Department. One (1) of the copies shall be eight and one-half inches by eleven inches (81/2" x 11"), and the other four (4) copies shall be at least eight and one-half inches by eleven inches (81/2" x 11"), but not larger than twenty four inches by thirty six inches (24" x 36"). The proposed site plan shall be drawn to a scale large enough to clearly show all details and in any case not smaller than sixty feet (60') to the inch. The site plan for personal wireless facilities shall include the following information and items:

      1.   Name and street name address of the site or location;

      2.   Name of applicant;

      3.   Name of owner of property;

      4.   North arrow;

      5.   Scale drawing;

      6.   Area of lot in square feet;

      7.   Lot line dimensions;

      8.   A vicinity map containing sufficient information to accurately locate the property shown on the plan;

      9.   Names and location of fronting streets and locations and dimensions of public streets, private streets and driveways;

      10.   Footprints of existing and proposed buildings and structures, including a notation of each unit's height above the grade;

      11.   Location and size of existing and proposed antennas, with dimension to property lines;

      12.   Location of existing and proposed fire protection devices;

      13.   Location, dimensions and distance to property lines of existing and proposed drive accesses;

      14.   Location and dimensions of existing and proposed curbs, gutters and sidewalks;

      15.   Location and dimension of off-street parking spaces;

      16.   Location and type of surface water drainage system;

      17.   Drawings of proposed structure elevations showing the height, dimensions, appearance and materials proposed;

      18.   Location and description (height, materials) of existing and proposed fences;

      19.   Location and description (dimension, distance to property line) and type of lighting (direct or indirect) of existing and proposed signs;

      20.   A security lighting plan, if proposed;

      21.   Landscape plan scale indicating size, spacing and type of plantings;

      22.   A signed lease agreement with the Town if the site is located on Town property;

      23.   An impact study to prove that this will not interfere with homes and surrounding businesses.

   C.   Written Descriptions: Written descriptions to be included with application:

      1.   Environment: A full description of the environment surrounding the proposed facility, including a description of adjacent uses, any adjacent residential structures, and any structures and sites of historic significance;

      2.   Maintenance: A description of the anticipated maintenance needs for the facility, including frequency of service, personnel needs, equipments needs, and traffic noise or safety impacts of such maintenance;

      3.   Service Area: A description of the service area for the antenna or tower and a statement as to whether the antenna or tower is needed for coverage or capacity;

      4.   Location: A map showing the site and the nearest telecommunications facility sites within the network, a description of the distance between the telecommunications facility sites, and a description of how this service area fits into the service network;

      5.   Licenses And Permits: Copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of the antenna;

      6.   Radio Frequency Emissions: A written commitment to comply with applicable Federal Communications Commission radio frequency emission regulations;

      7.   Liaison: The name, address, telephone number and fax number of a contact person who can respond to questions concerning the application and the proposed facility.

   D.   Requirements For Monopoles: If the applicant desires to construct a monopole, the applicant shall also submit a detailed written description of why the applicant cannot obtain coverage using existing buildings or structures.

   E.   Facilities Not Located On Highest Priority Site: If the applicant desires to locate antennas on a site other than the highest priority site, the applicant shall provide the following information to the approving authority:

      1.   Higher Priority Sites: The identity and location of any higher priority sites located within the desired service area;

      2.   Reason For Rejection: The reason why the higher priority sites are not technologically, legally or economically feasible;

      3.   Justification For Proposed Site: Why the proposed site is essential to meet the service demands of the geographic service area and the Town wide network.

   F.   Approval Process: The Planning Commission, pursuant to its standards, site plan and conditional use permit process, shall review the application and site plan. The Town shall process all applications within a reasonable time and shall not unreasonably discriminate among providers of functionally equivalent services. Any decision to deny a request to place, construct or modify personal wireless service facilities shall be in writing and supported by evidence contained in a written record. (Ord. 17-02, 3-16-2017)

   A.   General Requirements: No towers or antenna support structures shall be constructed until the applicant obtains a building permit from the Town. No building permit shall be issued for any project for which a site plan, amended site plan or conditional use permit is required, until the site plan, amended site plan or conditional use permit has been approved by the appropriate authority. If the design or engineering of the antenna support structure is beyond the expertise of the Building Inspector, the Town may require a third party review by an Engineer selected by the Town prior to issuance of a building permit. The applicant shall pay an additional fee to cover the cost of the third party review.

   B.   Monopoles And Towers: If the applicant is constructing a monopole or other tower type structure, the applicant shall, if requested by the Town, submit a written report from a qualified, Structural Engineer licensed in the State, documenting the following:

      1.   Height and design of the monopole or tower, including technical, engineering, economic and other pertinent factors governing selection of the proposed design.

      2.   Seismic load design and wind load design for the monopole or tower.

      3.   Total anticipated capacity of the monopole or tower, including number and types of antennas, which can be accommodated.

      4.   Structural failure characteristics of the monopole or tower and a demonstration that the site and setbacks are of adequate size to contain debris.

      5.   Soil investigation report, including structural calculations. (Ord. 17-02, 3-16-2017)

   A.   Order Of Priority: Personal wireless services antennas shall be located as unobtrusively as is reasonably possible. To accomplish this goal, the provider shall make a good faith effort to locate antennas on sites in the following order of priority:

      1.   Existing Structures: Lawfully existing buildings, structures and antenna support structures; provided, that the buildings, structures or support structures are:

         a.   Located in a non-residential zone; or

         b.   Located in a residential zone on property that is being used for non-residential uses (e.g., government, school or church); or

      2.   Stealth Facilities: Stealth facilities, as defined by subsection 10-12-3N of this chapter.

      3.   Monopoles On Town Owned Property: Monopoles constructed on Town owned property.

      4.   Monopoles On Non-Residential Private Property: Monopoles constructed on private property; provided, that the private property is:

         a.   Located in a non-residential zone; or

         b.   Located in a residential zone on property that is used for non-residential use (e.g., government, school or church); or

      5.   Other: Sites other than those listed above.

   B.   Burden Of Proof: The applicant shall attempt to locate its antennas on sites in the order of priority set forth in subsection A of this section. If the applicant desires to locate antennas on a site other than the highest priority site, the applicant shall have the burden of demonstrating to the approving authority why it could not locate antennas on sites with a higher priority than the site chosen by the applicant. To do so, the applicant shall provide the following information to the approving authority:

      1.   Higher Priority Sites: The identity and location of any higher priority sites located within the desired service areas.

      2.   Reason For Rejection Of Higher Priority Sites: The reason why the higher priority sites are not technologically, legally or economically feasible. The applicant must make a good faith effort to locate antennas on higher priority sites. The Town may request information from outside sources to justify or rebut the applicant's reasons for ejecting a higher priority site.

      3.   Justification For Proposed Site: Why the proposed site is essential to meet the service demands of the geographic service area and the Town wide network. (Ord. 17-02, 3-16-2017)

The following antenna locations are conditional uses; provided, that the applicant complies with other applicable laws and regulations:

   A.   Existing Structure On Town Owned Property: Existing buildings, structures and antenna support structures on Town owned property.

   B.   Existing Structure On Private Property: Lawfully existing buildings and structures located on private property; provided, that the private property is:

      1.   Located in a non-residential zone; or

      2.   Located in a residential zone on property that is used for a non-residential use (e.g., government, school or church); or

      3.   Located in residential zone on property that includes a multi-family residential building having eight (8) or more dwelling units and which is at least thirty five feet (35') in height.

   C.   Co-Location: Co-location on a lawfully existing antenna support structure located on private property.

   D.   Monopoles In Industrial Areas: Monopoles constructed in industrial or manufacturing zones.

   E.   Stealth Facilities In Non-Residential Zones: Stealth facilities constructed in non-residential zones, unless they are constructed as part of a structure for which a conditional use permit is otherwise required, in which case they shall be conditional uses. (Ord. 17-02, 3-16-2017)

The following antenna types and antenna locations are not permitted, except upon a showing of necessity (inability to achieve coverage or capacity in the service area) by the applicant, in which case they shall be considered as conditional uses:

   A.   Lattice Towers And Guyed Towers: Lattice towers, guyed towers and other nonstealth towers, with exception of monopoles, are not permitted in any zone.

   B.   Monopoles On Private Property In Residential Zone: Monopoles located on residentially zoned private property, if the residentially zoned property has a residential use (as opposed to a school, church or other non-residential use).

   C.   Conditional Uses: Antennas proposed for any other location shall be considered as conditional uses; provided, that the applicant complies with other applicable laws and regulations. (Ord. 17-02, 3-16-2017)

Unless otherwise authorized by the approving authority for good cause shown, every new monopole shall be designed and constructed to be of sufficient size and capacity to accommodate at least one (1) additional wireless telecommunications provider on the structure in the future. Any conditional use permit for the monopole may be conditioned upon the agreement of the applicant to allow co-location of other personal wireless providers on such terms as are common in the industry. (Ord. 17-02, 3-16-2017)

Before any lease agreement is approved, an impact study must be done and prove that this will not interfere with any home or business. The Town shall enter into a standard lease agreement with the applicant for any facility built on Town property. The Mayor or the Mayor's designee is hereby authorized to execute the standard lease agreement on behalf of the Town. The lease shall contain the condition that the site plan and/or conditional use permit must first be approved by the approving authority before the lease can take effect. The conditional permit may be revoked if guidelines are not met, and the failure to obtain such approval renders the lease null and void. (Ord. 17-02, 3-16-2017)

Personal wireless services facilities are characterized by the type or location of the antenna structure. There are the following general types of antenna structures contemplated by this chapter: wall mounted antennas; roof mounted antennas; monopoles with no platform; monopoles with a platform; and stealth facilities. If a particular type of antenna structure is allowed by this chapter as a conditional use, the minimum standards for that type of antenna are as follows, unless otherwise provided in a conditional use permit:

   A.   Wall Mounted Antennas:

      1.   Maximum Height: Wall mounted antennas shall not extend above the roofline of the building or structure, or extend more than four feet (4') horizontally from the face of the building.

      2.   Setback: Wall mounted antennas shall not be located within one hundred feet (100') of any residence.

      3.   Mounting Options: Antennas mounted directly on existing parapet walls, penthouses or mechanical equipment rooms are considered to be wall mounted antennas if no portion of the antenna extends above the roofline of the parapet wall, penthouse or mechanical equipment room.

      4.   Color: Wall mounted antennas, equipment and supporting structures shall be painted to match the color of the building or structure, or the background against which they are most commonly seen. Antennas and the supporting structures on the building shall be architecturally compatible with the building. Whip antennas are not allowed on a wall mounted antenna structure.

   B.   Roof Mounted Antennas:

      1.   Maximum Height: The maximum height of a roof mounted antenna shall be eighteen feet (18') above the roofline of the building.

      2.   Setback: Roof mounted antennas shall be located at least five feet (5') from the exterior wall of the building or structure, and at least fifty feet (50') from any residence.

      3.   Mounting Options: Roof mounted antennas may be mounted on top of existing penthouses or mechanical equipment rooms if the antennas and antenna support structures are enclosed or visually screened from view. The screening structure may not extend more than eight feet (8') above the existing roofline of the penthouse or mechanical equipment room.

      4.   Color: Roof mounted antennas, equipment and supporting structures shall be painted to match the color of the building or structure, or the background against which they are most commonly seen. Antennas and supporting structures shall be architecturally compatible with the building.

   C.   Combination Wall And Roof Mounted Antennas: Any building may have a combination of wall and roof mounted antennas. The total area for all wall and roof mounted antennas and supporting structures on any one (1) building shall not exceed the lesser of sixty (60) square feet or five percent (5%) of each exterior wall of the building.

   D.   Monopoles With No Platform:

      1.   Maximum Height And Width: The maximum height of the monopole or monopole antenna shall be seventy five feet (75'), although the approving body may, as a conditional use, allow an antenna or antenna support structure up to one hundred feet (100') in height, if the applicant demonstrates to the satisfaction of the approving body that the additional height is necessary to obtain coverage or to allow co-location, and that the applicant has taken steps to mitigate adverse effects on the surrounding neighborhood. The entire antenna structure mounted on the monopole shall not exceed three feet (3') in width. The antenna itself shall not exceed ten feet (10') in height.

      2.   Setback: Monopoles shall be set back a minimum of one hundred fifteen percent (115%) of the height of the monopole from any residential lot line, measured from the base of the monopole to the nearest residential lot line.

      3.   Color: Monopoles, antennas and related support structures shall be painted a neutral color, or a color to match the background against which they are most commonly seen.

   E.   Monopoles With Platform:

      1.   Maximum Height And Width: The maximum height of the monopole or monopole antenna shall be seventy five feet (75'), although the approving body may, as a conditional use, allow an antenna or antenna support structure up to one hundred feet (100') in height, if the applicant demonstrates to the satisfaction of the approving body that the additional height is necessary to obtain coverage or to allow co-location, and that the applicant has taken steps to mitigate adverse effects on the surrounding neighborhood. The antennas and antenna mounting structures on the monopole shall not exceed eight feet (8') in height or fifteen feet (15') in width. The antenna itself shall not exceed ten feet (10') in height.

      2.   Setback: Monopoles shall be set back a minimum of one hundred fifteen percent (115%) of the height of the monopole from any residential lot line, measured from the base of the monopole to the nearest residential lot line.

      3.   Color: Monopoles, antennas and related support structures shall be painted a neutral color, or a color to match the background against which they are most commonly seen.

   F.   Stealth Facilities; Maximum Height: The maximum height of a stealth facility shall be the maximum structure height of the zoning district in which the stealth facility is located. The applicant may exceed the maximum structure height if allowed to pursuant to a conditional use permit. (Ord. 17-02, 3-16-2017)

In addition to the Town standard conditional use permit considerations, the Planning Commission shall consider the following factors when deciding whether to grant a conditional use permit for a personal wireless services facility:

   A.   Compatibility: Compatibility of the facility with the height, mass and design of buildings, structures and uses in the vicinity of the facility.

   B.   Screening: Whether the facility uses existing or proposed vegetation, topography or structures in a manner that effectively screens the facility.

   C.   Disguise: Whether the facility is disguised in a manner that mitigates potential negative impacts on surrounding properties.

   D.   Parcel Size: Whether the facility is located on a parcel of sufficient size to adequately support the facility.

   E.   Location On Parcel: Whether the structure is situated on the parcel in a manner that can best protect the interests of surrounding property owners, but still accommodate other appropriate uses of the parcel.

   F.   Location In General: Whether location or co-location of the facility on other structures in the same vicinity is practicable, without significantly affecting the antenna transmission or reception capabilities.

   G.   Co-Location: The willingness of the applicant to allow co- location on its facility by other personal services providers on such terms as are common in the industry. (Ord. 17-02, 3-16-2017)

   A.   Distance From Other Monopoles: Monopoles and towers shall be located at least one thousand feet (1,000') from each other, except upon a showing of necessity by the applicant, or upon a finding by the Town that a closer distance would adequately protect the health, safety and welfare of the community. This distance requirement shall not apply to stealth facilities or to antennas attached to lawful structures, such as transmission towers, utility poles, outdoor lighting structures and water tanks.

   B.   Location On Parcel: Monopoles shall be located as unobtrusively on a parcel as possible, given the location of existing structures, nearby residential areas and service needs of the applicant. Monopoles shall not be located in a required landscaped area, buffer area or parking area. (Ord. 17-02, 3-16-2017)

   A.   Regulations Compliance:

      1.   Compliance With FCC And FAA Regulations: All operators of personal wireless services facilities shall demonstrate compliance with applicable Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) regulations, including FCC radio frequency regulations, at the time of application and periodically thereafter as requested by the Town. Failure to comply with applicable regulations shall be grounds for revoking a site plan or conditional use permit approval.

      2.   Other Licenses And Permits: The operator of every personal wireless services facility shall submit copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of the facility to the Town, shall maintain such licenses and permits in good standing, and shall provide evidence of renewal or extension thereof upon request by the Town.

   B.   Protection Against Climbing: Monopoles shall be protected against unauthorized climbing by removing the climbing pegs from the lower twenty feet (20') of the monopole.

   C.   Fencing: Monopoles and towers shall be fully enclosed by a minimum six foot (6') tall fence or wall, as directed by the Town, unless the Town determines that a wall or fence is not needed or appropriate for particular site due to conditions specific to the site.

   D.   Security Lighting Requirements: Monopoles and towers shall comply with the FAA requirements for lighting. As part of the conditional use permit consideration, the Town may also require security lighting for the site. If security lighting is used, use of indirect lighting shall minimize the lighting impact or surrounding residential areas, where appropriate. (Ord. 17-02, 3-16-2017)

The Town may require the removal of all antennas and monopoles if the facility has been inoperative or out of service for more than twelve (12) consecutive months:

   A.   Notice: Notice to remove shall be given in writing by personal service, or by certified mail addressed to the operator's last known address.

   B.   Violation: Failure to remove the antennas and monopoles after receiving written notice to remove is a violation of the terms of this chapter. The Town may initiate criminal and/or civil legal proceeding against any person, firm, entity or corporation, whether acting as principal, agent, property owner, lessee, lessor, tenant, landlord, employee, employer or otherwise, for failure to remove antennas and monopoles in accordance with this chapter. The Town may seek a civil injunction requiring the removal of any structures on the site in accordance with this chapter. Any lease agreement with the Town may also stipulate failure to remove the antennas and monopoles after receiving written notice to do so pursuant to this chapter automatically transfers ownership of the antennas, monopoles, support building and all other structures on the site to the Town. (Ord. 17-02, 3-16-2017)

   A.   Regulations For Accessory Structures:

      1.   Storage Areas And Solid Waste Receptacles: No outside storage or solid waste receptacles shall be permitted on the site.

      2.   Equipment Enclosures: All electronic and other related equipment and appurtenances necessary for the operation of any personal wireless services facility shall, whenever possible, be located within a lawfully preexisting structure or completely below grade. When a new structure is required to house such equipment, the structure shall be harmonious with, and blend with, the natural features, buildings and structures surrounding such structure.

      3.   Accessory Buildings: A freestanding accessory building used with a personal wireless services facility shall not exceed four hundred fifty (450) square feet and shall comply with the setback requirements for structures in the zone in which the facility is located.

   B.   Parking: The Town may require a minimum of one (1) parking stall for sites containing a monopole, tower and/or accessory buildings, if there is insufficient parking available on the site.

   C.   Landscaping: All sites with a personal wireless services facility shall be landscaped in accordance with the zone requirements where the facility is located. (Ord. 17-02, 3-16-2017)

All personal wireless services facilities shall be maintained in a safe, neat and attractive manner. (Ord. 17-02, 3-16-2017)