The following are applicable to all wireless communication requests:
(A) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses to the principal use of the property.
(B) Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, even though the antennas or towers may be located on a separately leased portion of the lot, the density district requirements of the entire overall lot shall control requirements, including but not limited to setbacks, lot-coverage percentages, and other such requirements.
(C) Characteristics.
(1) Improvements comprising a wireless communication facility including tower structure, antennas and related electrical and mechanical equipment, shall, to the extent possible, use materials, colors, textures, screening and landscaping blending them into the natural and surrounding setting, unless subject to any applicable standards of the FAA.
(2) Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the application shall contain a list of optional light devices and a statement of the reason for selection of the light device specified over each of the options.
(3) All wireless communication facilities shall be maintained in compliance with applicable state or local building codes under which they were constructed and any regulations of the FAA, the FCC, and any other federal government with the authority to regulate them or their components. If these federal standards and regulations are changed, then the owners of the wireless communication facilities governed by this section, which are applicable to these new federal standards, shall bring the towers and antennas into compliance with the revised standards and regulations within three months of the effective date of the standards and unless a different compliance schedule is mandated by controlling law. Wireless communications facilities that are not in compliance shall be removed at the owner's expense if not brought into compliance within 30 days after written demand by the town.
(4) Setback and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries.
(5) Wireless communications facilities shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.
(6) No signs shall be allowed at a facility with the exception of a single one-square-foot sign for each carrier, to provide emergency contact numbers.
(7) Except as provided in this section all building and use processes and requirements, including height restrictions, within the applicable zoning district shall apply to wireless communication facilities.
(8) Equipment shall not generate noise levels that exceed 50 dBa sound pressure level (SPL) on directly adjacent properties. This maximum sound level does not apply to generators used in emergency situations when the regular power supply is temporarily interrupted and noise made during the regular maintenance and upkeep of the facility and site. All aboveground equipment shall be enclosed by concrete masonry unit walls if located within 1,000 feet of existing residences.
(Ord. § 605(D), passed 9-4-2008)