(A) Telecommunication facilities meeting the following requirements shall constitute permitted uses in industrial zoning districts:
(1) The telecommunications facility is designed, constructed and placed to minimize the visual impact by one of the following:
(a) Use of an alternative tower structure;
(b) Co-location;
(c) Use of a stealth facility;
(d) If new construction, structurally designed and capable of allowing other carriers to co-locate on the tower structure;
(e) The use of color or camouflaging architectural treatment; and
(f) The telecommunications facility is located on public land or in the public right-of-way as set forth in § 152.167.
(2) Notwithstanding anything else in this chapter, the tower height for a stand-alone tower shall not exceed 60 feet if it is designed to accommodate only one service provider; 100 feet if it is designed to accommodate only two service providers; and 300 feet if it is designed to accommodate more than two providers.
(3) Telecommunication facilities attached to other structures shall not exceed the greater of:
(a) The height requirement in the zoning district which they are located by more than ten feet; or
(b) The height of the structure on which the facilities are attached by more than 20 feet, without a variance. The Board may grant a variance only if the applicant provides a report from a registered professional engineer with a specialization in cellular telecommunications as to the minimum tower height needed by the applicant, evidence that there are no other suitable structures for co-location that meet the applicant's requirements, and, if requested by staff, a visual impact analysis required by § 152.164(E).
(4) If the property is being leased, the provider shall enter into a written easement agreement with the owner of the property, which shall include a platted area for the location of the telecommunications facility, which shall be duly recorded. If the property is owned or leased by the provider, unless the telecommunications facility is attached to an already existing structure, the platted area for the tower shall be the only use permitted on the platted easement or property.
(5) All new tower construction shall be monopole towers or stealth facilities, unless the applicant provides a written report from a registered professional engineer, with a specialization in geotechnical engineering, that the cost of such a tower at the site be twice the normal cost of constructing a monopole tower due to specific conditions present at the site. Any proposed alternative shall be a lattice tower and shall meet the standards in § 152.165. At its discretion, the Commission may hire an independent consultant at the expense of the applicant, to determine if the report is complete and correct.
(B) Alternative tower structures shall be permitted in all districts if the structures are designed and placed to minimize the visual impact of the structure, or if placed on existing structures do not exceed the height of the existing structure by more than 20 feet. In all cases, the structures shall meet all other zoning requirements.
(C) Telecommunication facilities shall be permitted in all districts if located on public land or in the public right-of-way as set forth in § 152.167.
(D) All applications for an improvement location permit for a telecommunication facility shall provide the staff with the following items, along with the other requirements of the zoning compliance certificate application:
(1) Written approval from, or a certified copy of any necessary application to, all relevant federal and state agencies including, but not limited to, the Federal Aviation Administration (including a copy of the FAA’s response to the “Notice of Proposed Construction or Alteration” (FAA Form 7460-1) or any successor thereto), the Federal Communications Commission, the U.S. Environment Protection Agency and the State Department of Environmental Management;
(2) A list of the applicant’s existing facilities within jurisdiction of the county, and a master plan setting forth any potential future telecommunication facilities in the county. This list shall include specific information as to the location (by address and state plane coordinates), height, design, the technical feasibility of allowing other providers to co-locate on the facility and the terms and conditions for co-location on the facility;
(3) In the case of a new tower facility, the information required in § 152.164; and
(4) Any telecommunications facility required by the state, county, city or town for emergency purposes shall be exempt from the requirements of this section.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)