§ 153.37  CONDITIONAL USES.
   Locating and constructing telecommunication facilities or a new alternative support structure, including the buildings or other supporting equipment used in connection with said facilities, shall require a conditional use permit for telecommunications facilities over 125 feet in height.
   (A)   Submittal information. For all telecommunication facilities, the Planning and Zoning Department shall require the following information to accompany every application. Said information shall include, but may not be limited to:
      (1)   Completed conditional use application;
      (2)   Original signature of applicant and landowner (if the telecommunication facility is located in an easement or pursuant to a ground lease, the beneficiaries of the easement or ground lease and underlying property owner must authorize the application);
      (3)   The identity of the carrier, provider, applicant, landowner and service provider and their legal status;
      (4)   The name, address and telephone number of the officer, agent and/or employee responsible for the accuracy of the application;
      (5)   A plat of survey, showing the parcel boundaries, tower, facilities, location, access, landscaping and fencing;
      (6)   A written legal description of the site;
      (7)   In the case of a leased site, a lease agreement or binding lease memorandum, which shows on its face that it does not preclude the tower owner from entering into leases on the tower with other provider(s) and the legal description and amount of property leased;
      (8)   A description of the telecommunications services that the applicant offers or provides, to persons, firms, businesses or institutions;
      (9)   Federal Communication Commission (FCC) license numbers and registration numbers, if applicable;
      (10)   Copies of finds of no significant impacts (FONSI) statement from the Federal Communication Commission (FCC) or environmental impact study (EIS), if applicable;
      (11)   An alternatives analysis prepared by the applicant or on behalf of the applicant by its designated technical representative, subject to the review and approval of the Planning and Zoning Commission, which identifies all reasonable, technically feasible, alternative locations and/or facilities which could provide the proposed telecommunication service. The intention of the alternatives analysis is to present alternative strategies which could minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the county. The analysis shall address justification for proposed height, alternative sites, potential for colocation and potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the review and approval of the Planning and Zoning Commission. The county may require independent verification of this analysis at the applicant’s expense; the consultant will be chosen by the Planning and Zoning Department from a list mutually agreed upon by the county and the applicant;
      (12)   Plans indicating security measures (e.g., access, fencing, lighting and the like);
      (13)   A tabular and map inventory of all of the applicant’s existing telecommunications towers that are located within the county and including all of the applicant’s existing towers within 1,500 feet of the county boundary; this information need not be resubmitted if already on file with the county’s Planning and Zoning Department. The inventory shall specify the location, height, type and design of each of the applicant’s existing telecommunication towers and the ability of the tower or antenna structure to accommodate additional colocation antennas;
      (14)   A report prepared by an engineer licensed by the state certifying the structural design of the tower and its ability to accommodate additional antennas;
      (15)   Proof of liability coverage;
      (16)   Such other information as the Planning and Zoning Commission may require;
      (17)   Proof of notification indicating that the airport operator and airport property owner(s) within the areas limiting telecommunication facility locations have been notified; and
      (18)   Speculative tower builders shall provide proof of a carrier to locate on the proposed facility before consideration shall be given to the application.
   (B)   Colocation. All tower owners shall make available unused space for colocation of other telecommunication facilities, including space for those entities providing similar, competing services. Colocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service. All colocated and multiple user telecommunication support facilities shall be designed for compatible joining to facilitate site sharing.
   (C)   Technical review. The planning and zoning department, upon direction of the county’s Planning and Zoning Commission, shall employ on behalf of the county an independent technical expert to review materials submitted. The consultant will be chosen from a list mutually agreed upon by the county and the applicant. The applicant shall pay all the costs of said review. The payment to the Planning and Zoning Department shall be due upon receipt of the invoice. All fees and charges accumulated for the technical review must be paid in full prior to the issuance of the conditional use permit.
   (D)   Submittals required following the conditional use approval. For each conditional use permit approved by the county’s Planning and Zoning Commission, the applicant shall submit the following before the conditional use permit will be issued:
      (1)   Copies of the determination of no hazard from the federal aviation administration (FAA) including any aeronautical study determination or other findings and other agencies, if applicable;
      (2)   Copies of any environmental assessment (EA) reports on form 600 or form 854 submitted to the Federal Communication Commission (FCC), if applicable;
      (3)   Copies of any filings submitted to the Federal Communication Commission (FCC) shall be submitted within 30 days of filing, subject to the review of the Zoning Administrator; and
      (4)   Proof of bond as security for removal.
   (E)   Notices and hearing process.
      (1)   Application review. The applicant shall submit the application to the Zoning Administrator for review; upon determination by the Zoning Administrator that the application is complete, it will be scheduled for public hearing before the Planning and Zoning Commission.
      (2)   Hearing notice. Notice of time, place and purpose of the public hearing shall be published in a newspaper of general circulation in the county at least 15 days prior to such hearing. Notice shall also be posted on the property not less than one week prior to the public hearing. The applicant shall notify any property owner(s) within one mile of the proposed location by first class mail at least 15 days prior to such hearing. The applicant shall provide proof of mailing ten days prior to the public hearing. The proof of mailing shall be either copies of registered mail receipts or an affidavit that the notice was mailed. When notice is required to 200 or more property owners, the applicant may request that the following alternate form of notice be followed: The Board of County Commissioners may order that the notice be published three times in a newspaper of general circulation in the county, the last publication of such notice shall be at least ten days before the date set for the public hearing. The notice shall give the date, time and place of hearing, the name of the applicant, identification of the property and such other facts as required by county ordinance(s).
   (F)   Planning and Zoning Commission. The Planning and Zoning Commission will hear the application in accordance with the provisions of county ordinance(s) and may give consideration to all reasonable, technically feasible, alternative locations and/or facilities which could provide the proposed service. The Planning and Zoning Commission after hearing the application, will approve, approve with conditions or deny the application after giving consideration to the requirements of the ordinance and any such evidence that may be presented at the hearing.
(Ord. 11-05-2009, passed 11-5-2009)