(A) Conditional use permit required. Towers and antennas less than 200 feet in height above ground level (AGL), including appurtenances, (as defined by Part 77 of Federal Aviation Regulations as revised) for wireless communications facilities are permitted upon the issuance of a conditional use permit pursuant to this section.
(B) General requirements.
(1) The structure/facility shall not be located on agricultural preserve land unless eminent domain action establishes a public purpose as required by the comprehensive plan.
(2) The structure/facility shall not be located within any transition area (as identified in the comprehensive plan) unless the affected municipality adopts a resolution in support of the location.
(3) In situations where there is an existing home or available building eligibility, the location of the structure/facility shall not deprive the subject property of a building site as defined in this chapter.
(4) The structure/facility shall be located on publicly held land and/or land within a Rural Service District, if the land is available, and the location is feasible, within the applicant’s search area.
(C) Requirements for conditional use permit application in addition to those required pursuant to other appropriate sections of this chapter or as otherwise requested by the Department.
(1) Documentation illustrating compliance or pending compliance with FAA and FCC authorization procedures.
(2) Documentation of the area to be served including a search area for the antenna location. A narrative describing a search area (with not less than a 1½-mile radius) for the request clearly explaining why the site was selected, any environmental review that was conducted including a summary of relevant conclusions, and what existing structures were available and why they are not suitable as locations or co- locations.
(3) Documentation that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the search area due to one or more of the following reasons:
(a) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced or modified to accommodate planned equipment at a reasonable cost;
(b) The planned equipment would cause interference with other existing or planned equipment at the tower or building as documented by a qualified professional radio frequency (RF) engineer, and the interference cannot be prevented at a reasonable cost;
(c) No existing or approved towers or commercial/industrial buildings within a 1½-mile radius meet the radio frequency (RF) design criteria;
(d) Existing or approved towers and commercial/industrial buildings within a 1½-mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified professional radio frequency (RF) engineer;
(e) The applicant must demonstrate that a good faith effort to co-locate on existing towers and structures within a 1½-mile radius was made, but an agreement could not be reached.
(4) An agreement stating that the site will be designed for not less than three tenants with applicant and property owner commitment to co-location, whereby, any prohibition of compatible additional tenants on a tower will be considered a violation of the permit. The agreement shall also include a statement that an unused or obsolete tower shall be removed, within six months of cessation of use, by the property owner and/or applicant. The agreement shall be signed by the applicant and the property owner and shall be attached to and become a part of the permit.
(5) An escrow account, based on the county fee schedule, shall be established from applicants for requests including, but not limited to, locations within 1½ miles of an adjacent jurisdiction or existing structure which is over 100 feet in height. The applicant shall be required to increase the escrow if the county’s cost exceeds the initial required amount. The escrow shall be established to reimburse the county for technical services typically provided by a qualified communications engineer, selected by the county, to verify compliance with the co-location and documentation requirements stated above.
(D) Standards for the issuance and continuation of a conditional use permit.
(1) An agreement providing for co-location and prompt removal of unused and/or obsolete towers shall be attached and become part of the permit.
(2) The tower and all associated structures (wireless communication facility), excluding guy wires and anchors, must have a 50-foot minimum setback from all property lines. Towers shall not be located closer than the tower height plus 10 feet from any structure, located on adjacent properties, existing at the time of application.
(3) Tower and antenna plans shall be signed by a qualified and licensed professional engineer and constructed to conform to the approved plans, the latest structural standards of the Uniform Building Code, provisions of the Electronic Industries Association and all other applicable reviewing agencies.
(4) Permittee must obtain FAA approval and/or provide documentation that FAA approval is not needed.
(5) Permittee must obtain FCC licensure and approval as required for various communications applications. Permittee shall follow FCC regulations regarding the correction and/or prevention of any radio frequency interference problems.
(6) All towers shall be reasonably protected against unauthorized climbing. The bottom of the tower (measured from ground level to 12 feet above ground level) shall be designed in a manner to preclude unauthorized climbing and shall be enclosed with a minimum of a 6-foot high fence or barrier with a locked gate.
(7) Wireless communications facilities shall utilize building materials, colors, textures, screening and landscaping that effectively blend within the surrounding environment to the greatest extent possible.
(8) No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities.
(9) Wireless communications facilities shall not be illuminated by artificial means, except for camouflage purposes (such as, designed as a lighted tower, for a parking lot, or a ball field), security purposes or when illumination is specifically required by the Federal Aviation Administration or other authority.
(10) No part of any antenna or tower, nor any lines, cable, equipment, wires, or braces shall at any time extend across or over any part of the right-of-way, public street, highway, or sidewalk, without approval by the county through the building permit approval process.
(11) Permittee must submit proof of liability and worker’s compensation insurance. All communication towers, their antennas, and associated equipment shall be adequately insured for injury or property damage caused by structural failure of the tower or associated equipment.
(12) The permit will be subject to administrative review.
(13) Towers and antennas existing or approved as of September 9, 1997. Structures allowed under a previous ordinance or conditional use permit may continue to be used as they were built provided they are in compliance with the conditions of the permit.
(E) Location or co-location of antennas and associated equipment. Location or co-location of antennas and associated equipment on any existing structure is permitted upon the issuance of a building permit (if required) provided the placement of the antennas and appurtenances are in compliance with any federal, state and county regulations.
(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 97-2021, passed 7-20-21)