(A) Purpose. Regulation of commercial wireless communication service towers is necessary to protect the public health, safety and welfare while meeting the communications needs of the public. The intent of this section is to minimize adverse visual effects of towers and avoid damage to adjacent properties, while adequately serving the community.
(B) Towers permitted in zoning districts. Towers are permitted by right within the (OAC)-open space and waterbody districts. All towers shall be subject to the following general standards for approval:
(1) In order to contain falling ice or debris from tower failure on site, and to minimize conflict with adjacent properties, the base of a freestanding (lattice or monopole) or guy-wired (lattice) tower shall be set back 150% of the height of the tower from any property line or road right-of-way as measured from the tower base.
(2) For leased sites, a legally described parcel shall be established which provides suitable location and size to meet the requirements of this subchapter.
(3) The maximum tower height shall be 300 feet as measured from the ground elevation.
(4) The tower base shall be enclosed by a security fence, consisting of a six foot tall chain link fence topped with three strands of barbed wire or an eight foot tall chain link fence. All towers shall be equipped with an anti-climbing device.
(5) A six foot tall landscape screen is required to screen around the exterior perimeter of the fenced area.
(6) The use of guy wires is strictly prohibited unless approved by the Planning Commission. Approval shall be based upon the wire anchors for guyed towers being set back 75 feet from all property lines, that they be located on the same parcel as the tower and that these provisions are subject to approval of the site plan.
(C) Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. If lighting is required, a dual lighting system shall be employed to minimize the impact at night.
(D) Signs. The use of any portion of a tower for signs other than warning or equipment information is prohibited.
(E) Application requirements. Application must be made for a building permit, and the following information must be submitted:
(1) (a) A site plan of the proposed tower location showing all existing and proposed features of the site. This shall identify all buildings which are on the subject property as well as any buildings and residences on adjacent properties within 350 feet of the tower base.
(b) The site plan shall also identify the location of the maintenance buildings, which are to be located within the secured fence area, including the pads needed to support such facilities for any future carrier needs. The site plan shall also indicate the height of the proposed tower above grade, and any other improvements.
(2) Documentation of the purpose of the tower, the number and type of joint users to be served at the site, Federal Aviation Administration approval and an engineer's certification of structural and electrical safety. The village may require that any information that is submitted be certified by a licensed professional engineer.
(3) A description of the appearance and color of the tower, with the intent to camouflage the tower to an extent possible to reduce the visual impacts of the tower.
(F) Location and separation requirements. All commercial wireless telecommunications towers erected, constructed or located within Homer Village shall comply with the following requirements:
(1) A new commercial wireless telecommunications tower shall not be approved unless the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or similar device within the village. The applicant must provide information related to their investigation of the potential for co-location on all other towers within the village and within a one-mile area surrounding the village. This provision may be waived should the applicant produce and justify data related to the tower's or building's structural inadequacy, negative impact from other communications devices or services, insufficient height or other verifiable reason.
(2) Any proposed commercial wireless telecommunications service tower shall be designed to accommodate both the applicant's equipment and that of at least two other users. Any developer of a tower site must have a firm commitment (lease agreement) from the property owner and from at least one carrier to locate on the tower at the time of the application.
(G) Abandoned or unused towers or portions of towers. Abandoned or unused towers or portions of towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Village Council. A copy of the relevant documents (including, but not limited to, the signed lease, deed or land contract restrictions which requires the applicant to remove the tower and associated facilities upon cessation of the operations) shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities shall be removed by the village and the costs of removal assessed against the real property. The Village Clerk shall be notified of any change in the status of the tower, including a change in ownership, terms of the lease or removal of a carrier co-locating on that tower.
(H) Antennas or towers may be located on property owned, leased, or otherwise controlled by the village provided a license or lease authorizing such antenna or tower has been approved by the Village Council.
(Prior Code, § 750.17) (Ord. -, passed 3-20-2004)