The following provisions shall apply to communication towers in RC and A Districts.
(A) The tower height may exceed the maximum height permitted within the RC and A Districts after a determination by the approving body that its visual profile and appearance would make no substantial change in the character of the area, provided, however, that in no event shall the maximum allowed tower height exceed 199 feet.
(B) All applications for a special exception shall include:
(1) Computer modeling information used in selecting the site;
(2) Listing of alternative sites considered and why not selected;
(3) Photographs of the existing conditions of the site and area;
(4) Photo documentation that a balloon test has taken place at the proposed site location.
(C) All applications for a tower shall be accompanied by a non-binding 5 year plan of the applicant or the locating provider, showing the existing and proposed communications network within the county.
(D) A NEPA (National Environmental Policy Act) checklist prepared in accordance with section 106 of NEPA shall be provided as part of all applications.
(E) The applicant must publicize the proposal, using a block advertisement of a size acceptable to staff, which includes a map showing the site and a 1 mile radius and must hold an informational meeting in the area of the tower within 2 weeks after submitting the application. Written notice of such meeting shall be provided to all abutting property owners of the property on which the site is located and any homeowners/community associations within the 1 mile radius.
(F) Setbacks for communications towers shall be as follows: setback from all property lines shall be a distance not less than 1 foot for every foot of tower height, but in no case less than 300 feet from any adjoining residential structure. This setback distance may be modified by the Board of Appeals.
(G) The zoning certificate issued for a special exception shall be valid for a period of 5 years from the date that the decision of the Board of Appeals is signed. This zoning certificate shall be renewed for additional 5 year periods after review by the Board of Appeals at a regular meeting. The following are the only grounds on which renewal of a certificate may be denied.
(1) The permittee has failed to comply with the conditions of the special exception approval.
(2) The facility has not been maintained in a safe condition.
(3) The Board of Appeals determines that the use of the tower for wireless communications has ceased for a period of 6 months.
(H) All special exception approvals must also comply with the requirements of § 1-19-8.420.2.
(Ord. 77-1-78, § 40-72(A-16), 1-24-1977; Ord. 95-02-126, 3-2-1995; Ord. 99-14-241, 11-23-1999; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)