A commercial telecommunication facility shall comply with all of the following requirements.
(1) A principal structure permanently located on the ground shall be a monopole unless the principal structure is located on land owned by a governmental entity or a volunteer fire company.
(2) A structure permanently located on the ground shall be located at least 200 feet or one foot for each foot of height, whichever is greater, from the lot line of a:
(i) property located in a residential district;
(ii) residentially occupied property;
(iii) school;
(iv) public park; or
(v) platted open space;
(3) The height of a structure permanently located on the ground may not exceed:
(i) for one provider, 100 feet, or 130 feet for a private facility located on government- owned land; and
(ii) for two or more providers, 140 feet, or 170 feet for a private facility located on government-owned land.
(4) The applicant shall provide affirmative proof in a detailed sworn statement that all potential commercially zoned sites within 2,500 feet of the proposed site have been exhausted, and the statement shall include:
(i) the names, addresses, and telephone numbers of all owners of commercially zoned property within a 2,500 foot radius of the proposed site;
(ii) the reasons why commercially zoned property within a 2,500 foot radius of the proposed site is not suitable, including specific statements as to whether the applicant's use is compatible with other uses of the site, the property owner will allow use of the site, and the maximum tower height accommodated by the site is suitable for the applicant's use.
(5) The applicant shall provide affirmative proof in a detailed sworn statement that all attempts to co-locate the proposed commercial telecommunication facility on the five geographically closest commercial telecommunication facilities have been exhausted, and the statement shall include:
(i) the addresses or descriptive locations of the five geographically closest commercial telecommunication facilities;
(ii) the addresses or descriptive locations and a map of the applicant's existing or approved commercial telecommunications facilities within five miles of the proposed telecommunications facility;
(iii) the names, addresses, and telephone numbers of the owners and operators of the five geographically closest commercial telecommunication facilities; and
(iv) the reasons why the five geographically closest commercial telecommunication facilities are not suitable for co-location, including specific statements as to whether:
1. the location, height, or nature of the facility would make it unsuitable for the applicant's needs;
2. physical, electromagnetic, or other interference would make the commercial telecommunication facility unsuitable for the applicant's needs;
3. the applicant's use of the commercial telecommunication facility would interfere with other users;
4. structurally improving the facility for the applicant's use would cost more than 50% of the facility's original cost; and
5. adding the applicant's use to the facility would make the facility taller than would be allowed on the site.
(6) In addition to meeting the requirements of subsections (2), (3) and (5), the height of a commercial telecommunication facility that is permanently located on the ground in MB, MC, and OS Districts may not exceed:
(i) for one provider, 130 feet, or 160 feet for a private facility located on government- owned land;
(ii) for two providers, 170 feet, or 200 feet for a private facility located on government- owned land;
(iii) for three providers, 210 feet, or 240 feet for a private facility located on government- owned land; and
(iv) for four or more providers, 250 feet.
(7) In addition to meeting the requirements of subsections (2), (3), (5), and (6), a commercial telecommunication facility that is permanently located on the ground in an OS District may not:
(i) exceed one facility for each 20 acres of land; and
(ii) be constructed to hold less than three providers.
(8) The facility shall meet the requirements of § 18-10-117(2) through (12).
(Bill No. 4-05; Bill No. 10-11; Bill No. 93-15)