In any district where a telecommunication facility is erected, the establishment of these uses shall be subject to the following requirements:
(A) Setbacks. All improvements and equipment of the facility shall, at a minimum, comply with the following setbacks. Setbacks shall be measured from the center of the base of the tower to the property line:
(1) Residential Zoned Districts. 50% of the height of the tower.
(2) All other zoned districts. 100% of the height of the tower.
(B) Variations in height restrictions. Variations may be requested to exceed the limits set forth in this section. Variances may only be approved by the Zoning Board Appeals and the County Board as allowed in § 93.177(K) of this chapter. Variances may also be granted for residential zoned lots, being used for residential purposes, of less than two acres provided the requirements of § 93.177(K) are also met.
(C) Grandfathered structures. Any existing telecommunication facility is grandfathered under these regulations. In addition, any Grandfathered structure may be modified, provided the height of the existing facility or a replacement facility may not be made more than 15 feet higher than the height of the existing structure.
(D) Other requirements.
(1) No part of the facility (building or tower) should encroach onto any recorded easement without approval of the easement grantee.
(2) Lighting should be installed for security and safety purposes and, with the exception of FAA and FCC required lighting, shielded to prevent glare from extending substantially beyond the boundaries of the facility.
(3) No encroachment onto an existing septic field.
(4) Full compliance with flood plain regulations found in § 93.038.
(5) Trees in excess of three inches in diameter, measured 24 inches from the base, shall be preserved when possible. Any trees meeting this size requirement and destroyed or removed must be replaced. A tree removal/replacement plan must be approved by the Zoning Administrator.
(6) All facilities, located in a residential zoning district or adjoining a residential use, must be enclosed with a fenced and screened. The fence shall be at least six feet in height and must be of a solid screen type. A landscaping buffer must be planted on sides of the facility that abuts a residential use or a public roadway. The buffer must contain evergreen type trees, a minimum of five feet in height when planted, of a species that will grow a minimum of 15 feet in height, and planted fifteen feet off center. The landscaping buffer is not required in the area of the gate.
(7) Any building that is part of the facility that is adjacent to a residentially zoned lot shall be designed with exterior materials and colors that are reasonably compatible with the residential character of the area. An architectural plan, including elevations, shall be approved by the Zoning Administrator for these structures.
(8) The facility is exempt from all area/bulk regulations of the zoning district it is located in, unless required in this section.
(9) In choosing a location for a facility, a telecommunications carrier shall consider the following:
(a) A non-residentially zoned lot is the most desirable location.
(b) A residentially zoned lot that is not used for residential purposes is the second most desirable location.
(c) A residentially zoned lot that is two acres or more in size and is used for residential purposes is the third most desirable location.
(d) A residentially zoned lot that is less than two acres in size and is used for residential purposes is the least desirable location.
(Ord. 2014-18, passed 4-16-2014)