The purpose of this chapter is to provide placement, design and screening criteria for all wireless communication facilities (WCFs) in the county in order to protect the public health, safety, general welfare, and quality of life in the county while preserving the rights of wireless communication providers. (Ord. 269 (part), 2002)

In the event an emergency or disaster is declared for the area, the director may exempt WCFs from the requirements of this chapter during the duration of such emergency or disaster. (Ord. 269 (part), 2002)

A.

It is the policy of the county to locate WCFs in the county according to the following order of preference (highest to lowest preference):

1.

Attached on existing structure such as buildings (not residential structures), communication towers, and utility facilities. Preference is to the fascia of buildings or mechanical penthouses.

2.

Co-location (on one support structure) with other WCFs.

3.

In the industrial zones as permitted in the table of uses.

4.

In agricultural zones as permitted in the table of uses.

5.

In residential zones as permitted in the table of uses.

B.

WCFs shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.

C.

WCFs shall not be located within one mile (measured from tower structure to tower structure) of any other WCF except when located on an existing building, structure or wireless facility (that is, without support structures) or by a conditional use permit as identified within the table of permitted uses. For the purposes of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed wireless communication support structure to the nearest point of another wireless communication support structure.

D.

WCFs located in a right-of-way shall meet the requirements of the abutting or closest zone (as measured from the support structure or the attached facility). (Ord. 269 (part), 2002)

A.

Signs or advertising devices other than certification, warning, or other legally required seals or signs shall not be placed on or attached to WCFs.

B.

Accessory equipment shall meet the following standards:

1.

All accessory equipment associated with the operation of the SCF shall be located within a building, enclosure, or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located.

2.

Accessory equipment enclosures shall be visually compatible with the surrounding buildings (such as, same construction material as primary building(s), same color, etc.) and include screening of the structure from view, and shall be subject to approval by the regional planning director.

3.

Accessory equipment enclosures shall be limited to the housing of radio, electronic and related power equipment, and shall not be used for any other purpose, including storage.

C.

All WCFs shall employ concealment technology in their design, construction, and maintenance in order to reduce the WCFs aesthetic impacts to the maximum extent possible. Such concealment technology shall include, at a minimum, the following:

1.

All antenna support structures and antennas shall be painted a non-reflective color, subject to approval by the regional planning director, which blends into the nearby surroundings of the WCF to minimize the visual impact of the support structure or antennas.

2.

To the maximum extent reasonably practical, WCFs shall be designed to resemble an object other than a WCF that is already present in the local environment, such as a tree, a street light, utility pole or traffic signal. It may include the use of colors or materials to blend into the building materials from which a structure is constructed. Examples of concealment technology include, but are not limited to, the use of innovative site design techniques, existing or new vegetation and landscaping, paint and other surface treatments, alternative antenna configuration and/or selection, utilization of antenna support structures designed to resemble features in the natural environment, i.e., trees, and any other practice which screens the WCF from observation from roadways, residences, and other properties or otherwise has the effect of reducing the aesthetic impacts associated with the WCF.

D.

All screening for attached WCFs shall be compatible with the existing architecture, color, texture, and or materials of the building and when located on roofs shall avoid the "porcupine effect" through camouflage or other technique acceptable to the regional planning director.

E.

Foundations and structures upon which antenna are to be mounted shall be designed to accommodate at least tow carriers' antenna.

F.

Fencing, if permitted or required, shall conform to the following:

1.

No fence shall exceed the height permitted for the respective zone in which the facility is to be located. The fencing surrounding the WCF may be of a chain link material.

G.

Lighting for the WCF may be used for security reasons only and shall be shielded to prevent off site glare. All exterior lighting shall be subject to approval by the regional planning director. In no case except when specifically required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) or other state or federal agency will the WCF support structure be lighted. (Ord. 269 (part), 2002)

A.

The height of the WCF support structure is inclusive of any attachments.

B.

The maximum height of any WCF shall be one hundred twenty feet. For any height greater than the maximum, a variance shall be required. (Ord. 269 (part), 2002)

A.

In the case of existing utility poles, light standards, etc., if the utility pole is unable to support the attachment (as verified by a structural engineer or other qualified professional) the existing utility pole may be replaced. In no case shall the height of the replacement utility pole be greater than one hundred five percent of the original height. The diameter of the new utility pole shall not exceed one hundred ten percent of the original utility pole diameter. (Ord. 269 (part), 2002)

A.

Noise from stand by power generators shall have mufflers and or other attenuation devices to avoid becoming a nuisance to adjacent residences. (Ord. 269 (part), 2002)

A.

All applicants shall cooperate in good faith with existing WCF operators in co-locating additional antennas on support structures and/or on existing buildings provide the existing operator has received a permit for such use at said site from the county.

B.

All applicants shall exercise good faith in cooperating in co-locating with other providers and sharing the permitted site, provided such proposed shared use does not prevent or unreasonably interfere with the existing use (i.e., significant interference in broadcast or reception capabilities as opposed to competitive conflict or financial burden). Such good faith cooperation shall include sharing technical information necessary to evaluate the feasibility of co-location. In the event a dispute arises as to whether a provider has exercised good faith in accommodating other users, the county may require a third party technical study at the expense of either or both the applicant and the existing operator as to the feasibility of co-locating. Failure to comply with the co-location requirements of this chapter may result in the denial of a permit request or revocation of an existing permit. (Ord. 269 (part), 2002)

A.

Lawfully erected WCFs that are no longer being used shall be removed promptly from the premises, no later than six months after the discontinuation of use, except as otherwise provided by law. A WCF is considered abandoned if it ceases to provide wireless communication services that are substantially consistent with the application and/or purposes for which the WCF was constructed for six or more months (occasional use shall not affect the six-month period). Such removal shall be in accordance with property health and safety requirements and all ordinances, rules and regulations of the county. The wireless communication provider shall send to the county a copy of the discontinuation notice required by the FCC at the time the notice is sent to the regulatory agency.

B.

All facilities determined to be abandoned and not removed within the required six-month period from the date of notice shall be in violation of this chapter and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement provisions of the zoning code. The county may remove all abandoned facilities following the six-month removal period at the operators' expense. Facilities removed by the county shall be stored for no less than thirty days and thereafter be disposed of by public auction, if deemed to be of value by the county, or otherwise as permitted by law. (Ord. 269 (part), 2002)

A.

In addition to the information required by any other part of the county code, the following items shall be required for any application for land use, development or construction permit for a WCF:

1.

A statement providing the reasons for the location, design and height of the proposed tower or antennas.

2.

The contact name managing the facility. This will include the telephone number(s) and mailing address.

3.

A map showing any existing, and/or approved WCFs within the vicinity (approx. 2 miles) of the proposed new facilities site (not required of co-located facility).

4.

A current overall system plan for the county, showing facilities presently constructed or approved and propagation maps showing the before and after coverage with the new facility (not required of co-located facility).

5.

Evidence satisfactory to the regional planning director demonstrating that co-location is unfeasible on existing buildings and existing tower facility sites for reasons of structural support capabilities, safety, available space, or failing to meet service coverage area needs.

6.

If visible from offsite, a site/landscaping plan showing the specific placement of existing structures, trees, and other significant site features; and indicating type and location of plant materials proposed to be used to screen WCF components and the proposed color(s) for the communication facility.

7.

A statement that:

a.

The applicant agrees to allow for the co-location of additional WCF equipment by other providers on the applicant's structure.

b.

That the applicant agrees to remove the facility within six months after the use of the site is discontinued.

8.

Plans showing how connections to utilities will occur, the ownership of those utilities, and any proposed rights of way cuts or easements (not required for co-location facilities).

9.

Documents demonstrating that any necessary easements or property rights have been obtained. At minimum the following should be provided:

a.

Site plan indicating ownership adjacent to the subject site including full name, parcel number(s) and all parcel lines to a typical architectural or engineering scale.

b.

The site plan shall include the access easement to a public right-of-way. (Ord. 269 (part), 2002)