(a) All towers including radio antennas, microwave towers and dishes, communication structures and other such towers, but excluding towers which are part of a wireless communications facility as defined in subsection (b) hereof, shall be subject to the following regulations:
(1) All towers shall have a maximum height of fifty feet from ground elevation.
(2) Any freestanding antenna or tower over thirty-five feet in height must be anchored in a concrete footer with a minimum depth of four feet and a minimum cubic content of not less than one cubic yard.
(3) Any antenna or tower, whether freestanding or attached to a residence building, must be constructed of material strong enough to withstand wind forces of at least eighty miles per hour. The material and construction shall be approved by the Planning Commission for strength, construction and durability. Standards of construction and safety established by any recognized radio association or Federal Communications Commission regulation may be considered by the Planning Commission.
(4) If guy wires are used, they shall be sufficiently visible to prevent accident or injury to any person.
(5) The plans for installation of any antenna or tower shall be submitted to the Planning Commission in order that unsightly or cumbersome structures shall not be erected.
(b) Wireless Telecommunications Facility.
(1) Definitions.
A. “Collocation” means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
B. “Lattice tower” means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
C. “Monopole” means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
D. “Open space” means land devoted to conservation or recreational purposes and/or land designed by a municipality to remain undeveloped (may be specified on a zoning map).
E. “Telecommunication” means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
F. “Wireless telecommunications antenna” means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur ratio operators are excluded from this definition.
G. “Wireless telecommunications equipment shelter” means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
H. “Wireless telecommunications facility” means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
I. “Wireless telecommunications tower” means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
(2) A wireless telecommunications facility which includes a tower may be permitted as a conditional use in an M-1, M-2, or M-3 Industrial District or, if the applicant satisfies the requirements of subsections (b)(3) and (b)(6) set forth below, in any B-1 Central Business District, B-2 Highway Business District, or S-1 Special District. In order to be considered for review in any of the above-described zoning districts, the applicant must prove that a newly constructed tower is necessary in that opportunities for collocation on an existing tower is not feasible, as set forth in subsection (b)(4)E. below.
(3) In applying for a permit for a wireless telecommunications facility on any property in a B-1, B-2, or S-1 district, the applicant must present substantial evidence as to why it is not feasible to locate in an Industrial zone. Applicant must demonstrate it has exhausted all reasonable efforts to locate in an Industrial zone prior to being approved in a B-1, B-2, or S-1 zone.
(4) The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located.
A. When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale not less than 1 inch is equal to 100 feet shall be submitted. This plot shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
B. Security fencing eight feet in height shall surround the tower, equipment shelter and any guide wires, either completely or individually as determined by the Planning Commission.
C. The following buffer plantings may be located around the perimeter of the security fence as deemed appropriate by the Planning Commission:
1. An evergreen screen shall be planted that exists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted five feet on center maximum.
D. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
E. Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contact and provider shall be requested to respond in writing to the inquiry within thirty (30) days. The applicant's letter(s) as well as response(s) shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.
F. Any application to locate an antenna on a building or structure that is listed on an historical register, or is in an historic district shall be subject to review by the Council, in addition to the Planning Commission.
G. The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
H. No advertising is permitted anywhere on the facility, with the exception of identification signage.
I. All providers utilizing towers shall present a report to the Zoning Inspector notifying him of any tower facility located in the Municipality whose use will be discontinued and the date this use will cease. If any time the use of any facility is discontinued for 180 days, the Zoning Inspector may declare the facility abandoned. If this facility is abandoned it shall be presumed to be a nuisance affecting or endangering surrounding property values, and being detrimental to the public health, safety, convenience, comfort, and general welfare of the community and shall be abated. The Zoning Inspector shall then give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at his last known address, or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within 60 days either by placing the facility in operation in accordance with this Code, adapting and using the facility for another permitted business use, or by razing the facility. Upon failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Zoning Inspector shall take such action as may be necessary to abate said nuisance. If reactivation or dismantling does not occur, the Municipality may remove or contract to have removed the facility and assess the owner/operator the cost. If said owner/operator fails within 30 days to reimburse the Village such costs, the bond or cash deposit required under subsection (b)(6)D. below may be utilized.
J. No tower under 150 feet shall be artificially lighted except to assure safety or as required by the FAA. Any tower between 150 feet and 200 feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter is permitted.
K. “No Trespassing” signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency.
L. Applicant will provide evidence of legal access to the tower site thereby maintaining this access regardless of other developments that may take place on the site.
M. Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission.
N. Underground equipment shelters are encouraged especially in nonindustrial districts, and may be requested by the Planning Commission.
(5) Wireless Telecommunications Facilities proposed for industrial and business districts are subject to the following additional conditions:
A. Sole use on a lot. A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:
1. Yard requirements:
Tower. The minimum distance to any single-family or two-family residential use or district lot line shall be 300 feet.
Equipment Shelter. Shall meet all minimum setbacks/yard requirements for the district.
2. Maximum Height:
Tower - 200 feet (includes antenna).
Equipment Shelter. Shall not exceed maximum height for buildings within the district.
3. Maximum size of equipment shelter:
300 square feet for a single shelter or, if there is more than one, 750 total square feet
B. Combined with another use. A wireless telecommunications facility is permitted on a property with an existing use subject to the following conditions:
1. The existing use on the property may be any permitted use in the district or any lawful non-conforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility will not be considered an addition to the structure or value of a non-conforming use.
2. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).
3. Minimum lot area. The minimum lot area shall be the area needed to accommodate the tower (and guide wires, if used), the equipment shelter, security fencing and buffer planting.
4. Minimum yard requirements:
Tower. The minimum distance to any single family or two-family residential use or district lot line shall be 300 feet.
Equipment shelter. Shall comply with the minimum set back requirements for the primary lot.
5. Access. The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
6. Maximum height:
Tower. 200 feet (includes antenna).
Equipment shelter. Shall not exceed the maximum height for buildings within the district.
7. Maximum size of equipment shelter:
300 square feet for a single shelter, or, if there is more than one, 750 square feet.
C. Combined with an existing structure. Where possible an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:
1. Maximum height. Twenty feet or twenty percent (20%) of the building height above the existing building or structure, whichever is greater.
2. If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:
a. The minimum setback requirements for the subject zoning district.
b. A buffer yard may be planted in accordance with subsection (b)(4)C.1.
c. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
d. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
(6) Criteria for a conditional use. In order to be considered for a review, the applicant must prove that a newly-constructed tower is necessary and that opportunities for collocation on an existing tower is not feasible. The following steps must also be taken for the application to be considered for review in this category:
A. The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.
B. The applicant shall demonstrate that the telecommunications tower must be located where it is proposed in order to service the applicant's service area. There shall be an explanation of why a tower and this proposed site is technically necessary.
C. Where the telecommunications facility is located on the property with another principal use, the applicant shall present documentation that the owner of the property is granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.
D. As a condition of approval, the Planning Commission shall establish the amount of a bond, with a surety company approved by the Village's Solicitor, or cash deposit, in an amount to be determined by the Planning Commission which shall be intended to guarantee the cost of the removal of the wireless telecommunications facility in the event the facility is declared abandoned by the Zoning Inspector pursuant to subsection (b)(4)I. hereof.
CODIFIED ORDINANCES OF BURTON