The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative tower structure includes manmade trees, silos, clock towers, bell steeples, light poles, utility poles, buildings and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

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

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height, when referring to a tower or other structure, refers to 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 lightning rod.

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

(Code 1991, § 16-368; Ord. of 11-18-1988; Ord. of 3-16-2000)

The purpose of this article is to establish general guidelines for the sitting of towers and antennas. The goals of this supplementary regulation are to:

(1)

Encourage the location of towers in nonresidential area and minimize the total number of towers and tower sites throughout the community;

(2)

Encourage strongly the joint use of new and existing tower sites and use of existing utility transmission right-of-way;

(3)

Encourage towers to be located in areas where adverse impact on the community is minimal;

(4)

Encourage users of towers and antennas to locate, design and configure them in a way that minimizes the adverse visual impact of the towers and antennas and makes them compatible with surrounding land uses to the extent possible;

(5)

To provide adequate sites for the provision of wireless communication services with minimal negative impact on the resources of the county;

(6)

Encourage public/private partnerships, where possible, that promote the communications needs of the county, especially fire and emergency rescue services;

(7)

Strongly encourage the use of monopoles and the camouflaging of towers located in or near residential area. This article is intended to comply with all federal and state regulation.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

The requirements set forth in this article shall govern the location of towers that exceed, and antennas that are installed at a height greater than, 50 feet.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

The placement of an antenna on or in an existing structure such as a building, sign, light point, utility pole or tower, water tank or other freestanding structure or existing tower or pole shall be permitted without the requirement of a conditional use permit so long as the addition of said antenna shall not add more than 20 feet or 25 percent (whichever is less) to the height of said structure or tower and shall not require additional lighting pursuant to FAA or other applicable requirements. Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as the building or equipment is placed within the existing structure or property and is necessary for such use.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

For the purpose of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses. An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot. For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased area within such lots. Towers that are constructed and antennas that are not installed, in accordance with the provisions of this supplementary regulation shall not be deemed to constitute the expansion of a nonconforming use or structure.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

Each applicant for an antenna and/or tower shall provide to the county an inventory of its existing facilities that are either in the locality or within five miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower. The county may share such information with other applicants applying for approvals or a conditional use permit under this supplementary regulation or other organizations seeking to locate antennas within the jurisdiction of the county, provided, however, that the county shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

The requirements set forth in this section shall govern the location of all towers and the installation of all antennas governed by this article.

(1)

Unless otherwise allowed under the conditions of a conditional use permit, or as a requirement of the Federal Aviation Administration (FAA), all towers shall have a galvanized steel finish. If the FAA requires painting, the applicant must provide documentary evidence from the FAA requiring such painting to the county. Should the applicant request to construct the tower from materials other than galvanized steel, the applicant shall state the reasons for the request in the application, and the applicant shall also furnish the county with photographs, videos, or some other visual sample of the proposed finish.

(2)

Dish antennas shall be of neutral, non-reflective color with no logos.

(3)

At a facility site, the design of the buildings and related structures shall, to the fullest extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures.

(4)

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.

(5)

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 surrounding views.

(6)

No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure.

(7)

Towers shall be designed to collapse within the lot lines or lease area, where appropriate, in case of structural failure.

(8)

An engineering report, certifying that the proposed tower is compatible for co-location with a minimum of four users, including the primary user, must be submitted. If the tower to be constructed cannot accommodate four users, then a report must be submitted that describes the design limitations for co-location.

(9)

The use of the proposed tower and any transmission from such tower shall not interfere with other radio, television (cable and commercial) and other telecommunications and/or electronic and electrical transmissions in the area.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

All towers and antennas must meet or exceed current standard and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate towers and antennas. This requirement includes meeting all regulatory emission standards established by the FCC. The county, at its discretion, may request certification from a licensed professional engineer experienced with the design and operations of towers and antennas that the emissions from the facility will not exceed the maximum permissible exposure (MPE) standard established by the FCC.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is designed and maintained in compliance with standards contained in the applicable federal, state and local building codes and regulations.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

Each applicant requesting a conditional use permit from the board shall submit the following:

(1)

A scaled site plan and a scaled elevation view and other support drawings, calculations, and other documentation, signed and sealed by a state-licensed professional engineer, showing the location and dimensions of all improvements, including information concerning topography, zoning, vegetation buffers/screening, tower height requirements, setbacks, access drives, parking, fencing, landscaping and the location of adjacent uses and adjacent buildings.

(2)

A statement justifying the need for the project.

(3)

The applicant shall submit documentary evidence of compliance with all Federal Aviation Administration (FAA) and Federal Communication Commission (FCC) requirements. This includes evidence that the facility will meet or exceed applicable health standards established by the federal government.

(4)

Verifiable evidence from the applicant of the lack of space on suitable existing towers, buildings, or other structures to locate the proposed antenna and/or the lack of space on existing tower sites to construct a second tower to accommodate the proposed antenna. A certified statement from a licensed professional engineer must be provided if radio-frequency interference or signal quality is used as the rationale for eliminating co-location on an existing facility.

(5)

A signed statement from the applicant of the willingness and ability to allow co-location by additional users or to allow the construction of a second tower on the site in question (where appropriate).

(6)

A signed statement from the applicant describing the efforts considered and taken to screen or camouflage the facility and reduce its visual impact. This statement should consider at a minimum design, height, location, and landscaping alternatives.

(7)

A proposed construction schedule.

(8)

A figure depicting the radio frequency coverage (or propagation map) of the proposed facility and all nearby facilities.

(9)

Applicant shall provide at least two actual photographs of the site that include simulated photographic images of the proposed tower. The photographs within the simulated image shall illustrate how the facility will look from adjacent roadways, nearby residences or public buildings such as a school, church, etc. County staff reserves the right to select the location for the photographic images and to require additional images.

(10)

An affidavit must be submitted attesting to the fact that the lease agreement does not prohibit or discourage co-location.

(11)

The county may require other information deemed necessary to assess compliance with this article.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

The applicant shall obtain a conditional use permit from the county before erecting towers or antennas covered by the article. The following factors and those described in section 34-1 will be used in determining whether to issue a condition use permit:

(1)

Height of the proposed towers;

(2)

Proximity of the tower to residential structures, residential districts boundaries and other visually-sensitive facilities such as churches and schools;

(3)

Nature of the uses and impacts of the proposed facility 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)

Co-location policy and efforts to co-locate;

(9)

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

(10)

Availability of suitable existing towers and other structures as discussed below;

(11)

Proximity to private airports;

(12)

Proposed methods of mitigation for the visual impact of the project, including proposed landscaping or screening; and

(13)

Communications needs of the county.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the county that no existing tower or structure can accommodate the applicant's proposed antenna and that the facility is needed to provide reasonable signal coverage. 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 applicant's engineering requirements.

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.

(6)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

The following setback requirement shall apply to all towers and antennas for which a conditional use permit is required: All towers shall set back from any property line a distance equal to 120 percent of the tower height, and in no event shall any such tower be constructed or erected nearer than 120 percent of the tower height or 500 feet, whichever is greater, to a residential dwelling unit located either on the parcel upon which the tower is proposed or located on an adjoining parcel except for the following: Setbacks from residential dwelling units shall not apply to dwellings constructed subsequent to erection of the tower.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

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.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:

(1)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screen 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 facilities. The applicant may propose offsite landscaping if that better mitigates the visual impacts of the proposed facility. In such cases, a written agreement must be provided, including approval by the owner of the parcel on which the landscaping will be done.

(2)

Existing mature tree growth and existing vegetation on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large wooded lots, the county may determine the natural growth around the property's perimeter may be a sufficient buffer.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

(a)

Owners of towers shall provide the county co-location opportunities as a community benefit to improve communication for county departments and emergency services.

(b)

The county shall have the right of first refusal to any available co-location space at no cost to the county; provided, however, that the county shall be responsible for placing and maintaining its own equipment.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of each such antenna or tower (or its successors or assigns) shall remove same within 90 days of receipt of notice from the county notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. If there are two or more users of a single tower, then this section shall not become effective until all users cease using the tower. The county shall require a bond, letter of credit, or other appropriate surety as approved by the county in the amount needed to cover the demolition costs and site restoration costs. The applicant must submit the estimated costs for the demolition and site restoration prior to the issuance of bonds, which will be reviewed and approved by the county. In the event that the bond expires or is not renewed, the conditional use permit may be revoked or terminated by the board.

(Code 1991, § 16-369; Ord. of 11-18-1988; Ord. of 3-16-2000)