(A) (1) In recognition of the Telecommunications Act of 1996, it is the intent of the town to allow communication providers the opportunity to locate telecommunications towers and related facilities within the town in order to provide an adequate level of service to its customers while protecting the health, safety and welfare of town citizens.
(2) Wireless towers may be considered undesirable with other types of uses, most notably residential, therefore special regulations are necessary to ensure that any adverse affects to existing and future development are mitigated.
(3) Accordingly, the Town Council finds that regulations related to telecommunications towers are warranted and necessary:
(a) To direct the location of communication towers in the town;
(b) To protect residential areas and land uses from potential adverse impacts of telecommunications towers;
(c) To minimize adverse visual impacts of telecommunications towers through careful design, siting, landscape screening, and innovative camouflaging techniques;
(d) To accommodate the growing need for telecommunication towers to residents and businesses in the town;
(e) To promote and encourage shared use/co-location of existing and new communication towers as a primary option rather than construction of additional single-use towers;
(f) To consider the public health and safety of telecommunication towers; and to avoid potential damage to adjacent properties from tower failure through structural standards and setbacks; and
(g) To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of telecommunication towers.
(B) (1) Telecommunications towers and facilities are allowed as a conditional use in the R-A, R-20, R-10, C-B, G-B and M-1 Zoning Districts; provided that, the supplemental regulations of §§ 155.023(LL), (MM) and (NN) and 155.095 through 155.107 of this chapter are met, and that the Town Council has issued a conditional use permit or amendment to a conditional use permit, as per §§ 155.170 through 155.181 of this chapter.
(C) (1) Telecommunication towers can be denied on the basis of negative influence on property values or on aesthetic concerns; provided that, there is evidence to prove the impact on adjacent property owners will be significant. As per the Telecommunications Act of 1996, the Town Council must clearly state the reasoning and available evidence of the impact on adjacent property values if the request is denied on this basis.
(2) The following factors may be used to evaluate a tower for aesthetic reasons:
(a) To protect the view in scenic areas, unique natural features, scenic roadways and the like;
(b) To prevent the concentration of towers in one specific area; and
(c) The height, design, placement and other characteristics of the tower can be modified to have a less intrusive visual impact on the town.
(Ord. passed - -, § 5.9) Penalty, see § 10.99