(a) Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(b) Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(c) Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Chief Building Official an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the Village of Highland Hills or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Chief Building Official may share such information with other applicants applying for administrative approvals or permits under this chapter or other organizations seeking to locate antennas within the Village of Highland Hills provided, however, that the Chief Building Official is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(d) Aesthetics. Towers and antennas shall meet the following requirements:
(1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(3) Security fencing eight feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually as determined by the Planning Commission.
(4) The applicant shall present a landscaping plan that indicates how the telecommunications facility will be screened from adjoining uses. At a minimum, buffer plantings consisting of an evergreen hedge, planted three feet on center maximum or a row of evergreen trees planted five feet on center maximum must be provided around the perimeter of the security fence. Other landscaping may be required by Planning Commission if deemed necessary to protect adjacent uses.
(5) If an antenna is installed on a structure other than a tower, then the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(6) All towers above 100 feet shall be artificially lighted. In addition, all FAA regulations addressing safety marking and obstruction lighting shall be followed when necessary. Security lighting around the equipment shelter is permitted, however, such lighting shall not cause glare or disturbances to adjacent properties.
(7) No advertising or signage is permitted anywhere on the facility, with the exception of identification signage or signs prohibiting trespass.
(8) "No trespassing" signs shall be posted around the facility with a telephone number to contact in case of emergency.
(e) Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Chief Building Official concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such codes and standards. Failure by the owner to bring the tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(f) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Village of Highland Hills have been obtained and shall file a copy of all required franchises including Federal Communications Commission (FCC) Licensure with the Chief Building Official which shall be acknowledged in writing annually to the Chief Building Official.
(g) Tower Capacity. All applicants shall be required to construct or locate on a base tower structure and structure foundation that is designed to be buildable up to the maximum height set forth in the applicable zoning district. Although the initial capacity may be for one antenna, the structure shall be designed to serve as a base for a reconstructed tower with the capacity for four (4) providers when constructed to the maximum allowable height.
(h) The applicant will provide evidence of written agreements with all service providers sharing the applicable tower.
(i) Signs. No signs shall be allowed on an antenna or tower.
(Ord. 1999-72. Passed 11-10-99.)