An applicant shall provide information demonstrating compliance with the requirements contained herein. Potential sites that should be considered (in order from most preferred to least preferred) include street rights-of-way, existing utility towers, industrial zones, commercial zones and government buildings. Where the Planning Commission finds that circumstances or conditions relating to the particular application are such that one or more of the requirements listed below are not necessary or desirable for the protection of surrounding property or the public health, safety and general welfare, and that such special conditions or circumstances make one or more said requirements unreasonable, the Planning Commission, or its duly authorized representative, may modify or waive such requirement, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver.
(A) Permitted by zone. Monopole cellular antenna towers shall be permitted in any zone. Lattice and guyed cellular antenna towers shall be permitted in any zone, except for residential zones.
(B) Distance. Lattice and guyed cellular antenna towers distance from residential buildings when constructed in an agricultural zone, said towers shall be located a minimum distance of not less than 250 feet from all existing residential structures. Distance shall be measured from the base of the tower to the nearest wall of the residential structure.
(C) Setbacks. All structures constructed in connection with guyed or lattice cellular antenna towers, except fences and/or guy wires, shall be s minimum distance from the property line or lease line equal to at least one-half the height of the tower, but not less than 50 feet. All structures constructed in connection with monopole or alternative cellular antenna tower shall comply with the applicable setback requirements established for other structures within the applicable zoning district. Alternative cellular antenna towers that are to be located as part of a utility service facility (e.g., power pole or telephone pole) shall comply with setback requirements applicable to such utility service facilities, if any.
(D) Height. A cellular antenna tower, or alternative antenna tower structure, may be constructed to a maximum height of 200 feet, regardless of the maximum height requirements listed in the specific zoning district. This also applies to any tower taller than 15 feet constructed on the top of another building or structure, with the height being the overall height of building/structure and tower together, measured from the grade to the highest point. The Planning Commission may allow antennas greater than 200 feet in height upon review of the applicant’s justification that the additional height meets the criteria identified herein.
(E) Construction. The cellular antenna tower shall be constructed in compliance with the current ANSI/EIA/TIA 222-F standards and other applicable state standards.
(F) Illumination. Cellular antenna towers shall not be illuminated, except in accordance with other state or federal regulations.
(G) Site unstayed. Personnel may periodically visit the site for maintenance, equipment modification or repairs to accommodate such visits, ingress/egress shall be only from approved access points.
(H) Fencing. Woven wire or chain link (80% open) or solid fences made from wood or other materials (less than 50% open) shall be used to enclose the site. Such fences shall not be more than eight feet in height and may be located within the front, side or rear yard. The use of barbed-wire or sharp pointed fences shall be prohibited in or along any boundary adjoining residential or Ml IP Zones.
(I) Screening. Screening shall be provided by evergreen trees, with a minimum height of six feet, planted in a staggered pattern at a maximum distance of 15 feet on center. The screening shall be placed in an area between the property line, or lease line, and a ten-foot setback.
(J) Access drives. Surfacing of all driveways and off-street parking areas shall comply with the requirements of the applicable local zoning ordinance; the Planning Commission may allow gravel access drives in cases where it is determined there is a hardship or other mitigating circumstances.
(K) Signs. There shall be no signs permitted, except those displaying emergency information, owner contact information, warning or safety instructions, or signs that are required by a federal, state or local agency. Such signs shall not exceed five square feet in area.
(L) Number of service providers. All new cellular antenna towers shall be designed and constructed to accommodate a minimum of three service providers.
(M) Lease agreements. All option and site lease agreements shall not prohibit the possibility of co-location, and in the case of abandonment, shall include a method that the utility will follow in dismantling and removing the proposed cellular antenna tower, including a timetable for removal.
(N) Approval. Approval of Federal Aviation Administration and the commonwealth’s Airport Zoning Commission is required; or documentation where approval is not required shall be submitted prior to the issuance of a building permit for the construction of the cellular antenna tower.
(O) Mitigation design standards. Mitigating design standards for cellular antenna towers in residential zones. When no adequate alternate site for a cellular antenna tower is available, a site in a residential zone may be permitted. The Planning Commission shall consider the following mitigating design standards and may reduce or modify these standards in cases where it can be demonstrated that there is extreme hardship.
(1) The Planning Commission shall have the power to impose additional landscaping requirements, which may include plantings, trees and fencing designed to complement the character of the landscaping in the surrounding residential area.
(2) Design and materials to be used in the accessory building or buildings may be required to be submitted to the Planning Commission for review and approval.
(3) Asphalt or other hard-surface paving shall be provided for driveways and parking.
(4) A one to one (1:1) height-to-yard ratio shall be required. A reduction in the height-to-yard ratio may be permitted if no other location for the tower can be found.
(5) Monopole or alternative tower design shall be used in any residential zone; and paint colors, such as light gray or light blue, shall be used to minimize any negative visual impact the tower or antenna may have on adjoining properties. The tower must be maintained on a regular basis by the owner of the facility in order to ensure that it continues to have a minimal visual impact on the surrounding area.
(Ord. 20.920-1, passed 3- -2020)