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(A) Principal or accessory use.
(1) Antennas and towers may be considered either principal or accessory uses.
(2) A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on the 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 the lot.
(C) Inventory of existing sites.
(1) Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Village of Kingsley or within 1 mile of the border thereof, including specific information about the location, height, and design of each tower.
(2) The Zoning Administrator may share the information with other applicants applying for administrative approvals or special use permits under §§ 152.245et seq. or other organizations seeking to locate antennas within the jurisdiction of Village of Kingsley, provided, however, that the Zoning Administrator is not, by sharing the information, in any way representing or warranting that the 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) If an antenna is installed on a structure other than a tower, 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.
(1) Towers shall not be artificially lighted, unless required by the FAA or other applicable authority.
(2) If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(F) State or federal requirements.
(1) All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas.
(2) If the standards and regulations are changed, then the owners of the towers and antennas governed by §§ 152.245et seq. shall bring the towers and antennas into compliance with the revised standards and regulations within 6 months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.
(3) Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(G) Building codes; safety standards.
(1) 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.
(2) If, upon inspection, the Village of Kingsley concludes that a tower fails to comply with the 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 30 days to bring the tower into compliance with the standards.
(3) Failure to bring the tower into compliance within the 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(H) Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in Village of Kingsley irrespective of municipal and county jurisdictional boundaries.
(I) Not essential services. Towers and antennas shall be regulated and permitted pursuant to §§ 152.245et seq. and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(J) 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 Kingsley have been obtained and shall file a copy of all required franchises with the Zoning Administrator.
(K) Public notice. For purposes of §§ 152.245et seq., any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 152.251, in addition to any notice otherwise required by this chapter.
(L) Signs. No signs shall be allowed on an antenna or tower.
(M) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 152.252.
(N) Multiple antenna/tower plan.
(1) The Village of Kingsley encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites.
(2) Applications for approval of multiple sites shall be given priority in the review process.
(Ord. 98-3, passed 10-10-1998) Penalty, see § 152.999