(A) Purpose and intent. The regulations of this section are designed to aid in the siting of communications towers in the town. It is the intent of these regulations to allow for the harmonious co-existence of communications towers and other land uses. It is also the intent of these regulations to reduce the overall negative impact of communications towers by: reducing the number of towers needed through a policy of encouraging co-location; and if co-location is not feasible, encouraging either the clustering of towers (tower farms), the disguising of towers through alternative designs or the location of communications equipment on existing tall structures.
(B) Co-location exemption. Proposed communications equipment co-locating on existing towers and structures without adding to their height shall require only a zoning permit and shall not be subject to the requirements of this section.
(C) Zoning permit approval criteria. No zoning permit shall be issued for a communication tower until the Planning Director and the Board of Zoning Appeals determines that the tower complies with the following criteria and standards.
(1) The tower must be located no closer to a residential structure than a distance equal to one and one-half feet for each one-foot in height of the proposed tower plus 50 feet as measured from the center of the proposed tower. At a minimum, there must be a 150-foot distance between the proposed tower and a residential structure. This requirement may be waived by the owner of the residential structure.
(2) If the proposed tower is in the CC District and it utilizes an appropriate alternative design (as determined by the Planning Director) which allows it to better blend with the surrounding environment or if the communications equipment will be placed on a tall structure housing another use without adding to its height, the proposed tower or tall structure need only meet standard zoning setback, buffer and landscaping requirements. Setback requirements from residential structures as detailed in division (C)(1) above will not apply.
(3) A six-foot non-climbable fence must be placed around the tower (except for those designed in a manner compatible with division (C)(2) above) and any associated building. Guy wires may be fenced separately.
(4) The proposed tower must be located such that adequate setbacks are provided on all sides to prevent the tower’s fall zone from encroaching onto adjoining properties (the fall zone shall be determined by an engineer certified by the state in a letter which includes the engineer’s signature and seal).
(5) For the purposes of co-location review and review of efforts at sitting a tower on the same lot near an existing tower, the applicant shall submit satisfactory written evidence such as correspondence, agreements, contracts and the like, that alternative towers, buildings or other tall structures are not available for use within the applicant’s tower site search area that are structurally capable of supporting the intended antenna or meeting the applicant’s necessary height criteria; providing a location free of interference from other communication towers, or available at the prevailing market rate (as determined by staff communication with persons doing business within the industry). Additionally, the applicant shall make every effort to build the proposed tower in such a manner as may allow other telecommunication users to co-locate.
(6) Proposed towers may not be located within 1,000 feet of the center of an existing tower unless the applicant certifies that the existing tower does not meet the applicant’s structural specifications and the applicant’s technical design requirements, or that a co-location agreement could not be obtained at a reasonable market rate. In the event of the above situation, the clustering of new towers on the same parcel near existing towers is encouraged.
(7) The proposed tower shall only be illuminated as required by the Federal Communications Commission or Federal Aviation Administration. Nighttime strobe lighting shall not be incorporated unless required by the Federal Communications Commission or Federal Aviation Administration.
(8) The proposed tower must not include signs of any nature on any portion of the tower. This requirement does not apply if the communications equipment is placed in a manner complying with division (C)(2) above.
(9) In granting a special exception for a communications tower, the BZA must find the following:
(a) That the location and height of the proposed tower will not substantially impact the character of property listed in or eligible for the National Register of Historic Places, other significant environmental, cultural or historical sites or roads which have been officially designated as scenic roads and that the tower is designed to blend into the environment and minimize visual impact;
(b) If a completely new tower is necessary, the staff must have written proof that the applicant’s attempts at co-location and siting a tower on the same lot near an existing tower were proven not feasible or practical; and
(c) That the applicant has pursued any available publicly-owned sites and privately-owned sites occupied by a compatible use, and if not utilized, that these sites are unsuitable for operation of the facility under applicable communications regulations and the applicant’s technical design requirements.
(10) In instances in which a proposed communications tower is viewed by the staff as having a substantially negative impact on a surrounding area or adjoining property, the BZA shall have the discretion to deny a special exception for the communications tower. This denial must be made in writing with reasons specifically stated to the applicant.
(11) Provide documentation that a 25-foot buffer outside the perimeter of the tower base fenced area exists or will be installed. The landscape plan or existing vegetation shall provide an opaque screen from public rights-of-way and adjacent property owners.
(D) Tower abandonment. A tower that is not used for communication purposes for more than 120 days (with no new application on file for any communication user) is presumed to be out of service and the owner of such tower must notify the staff and remove the tower within 60 days. Towers which are not maintained according to building codes by the owner shall be removed by the owner within 60 days. To assure the removal of towers which do not meet requirements for continued use or proper maintenance, a statement of financial responsibility shall be submitted for each tower over 100 feet and a performance bond for the amount of anticipated removal costs shall be posted for each tower over 150 feet. Removal costs shall be charged to the tower owner.
(E) Zoning permit submittal requirements. Applications for communication towers shall include the following information:
(1) A site, drawn to engineer’s scale, showing the location of the tower guy anchors (if any), buildings and other structures or improvements, parking, driveways, fences and protected and grand trees affected by the proposed improvements. Adjacent land uses shall also be noted on the site plan, with precise measurements noted between the proposed tower and any surrounding residential structures;
(2) The height and typical design of the tower, typical materials to be used, color and lighting shall be shown on elevation drawings;
(3) Documentation indicating that co-location on existing towers or buildings in the vicinity of the proposed tower was attempted by the applicant but found unfeasible, with specific reasons noted and verified. The Planning Director may require additional information to determine that co-location was unfeasible. Additionally, documentation showing the structural capability of the proposed tower to accommodate co-location and the willingness of the tower owner to allow co-location on the proposed tower is required;
(4) A copy of the tower’s search ring; and
(5) Any other information as requested by staff to allow adequate review of approval criteria, including a line of sight analysis showing potential visual and aesthetic impacts. For instance, the staff may request photographs with the tower superimposed to assess visual impact. Additionally, the proposed towers FAA study number may be required.
(Ord. 20-8, passed 12-7-2000; Ord. 07-09, passed 8-6-2007)