This section provides standards for wireless telecommunication facilities to promote compatibility with adjoining uses to the extent permitted by the telecommunications act of 1996, as amended.
A. Scope: The requirements of this section shall apply to all wireless telecommunications facilities such as "cellular" or "PCS" (personal communications system) communications and paging systems. This section shall not apply to radio antennas complying with the ruling of the federal communications commission in "amateur radio preemption, 101 FCC 2nd 952 (1985)" or a regulation related to amateur radio service adopted under 47 CFR part 97.
B. Facility Types: The following types of wireless telecommunication facilities shall be governed by this section:
1. Stealth design antennas.
2. Roof mounted antennas.
3. Wall mounted antennas.
4. Monopoles; monopoles with antennas and antenna support.
C. Prohibited Facility Types: Unless a facility is a wireless telecommunication facility identified above, all other types of facilities are determined to be prohibited facilities within the county, including the following facilities:
1. Lattice Tower: A lattice tower unless otherwise required to comply with state or federal law.
2. All Other Types: All other types of wireless telecommunication facilities unless otherwise required to comply with state or federal law.
D. Other Laws: The requirements of this section shall not be construed to prohibit or limit other applicable provisions of this title or other laws, including regulations of the federal communications commission and the federal aviation administration.
E. Existing Facility Plan Required: When a carrier applies for an approval under this section, the carrier shall submit a plan showing by location and type of the carrier's existing and planned facilities within the county.
F. Screening: Any associated mechanical or electrical equipment shall be completely screened from view, from public rights of way, on site parking areas and adjacent properties, with a decorative screening fence, and/or landscaping.
G. Location: The proposed facility, including associated mechanical and electrical equipment, shall not be located within any public right of way.
H. Compliance Required: The proposed facility shall conform to the requirements of this section and other applicable federal, state, or local laws, including regulations of the federal communications commission and the federal aviation administration.
I. Permits Required: Copies of required permits from federal and state agencies establishing compliance with applicable federal or state regulations shall be filed with the county clerk as a part of a land use application required to authorize the proposed facility.
J. Stealth Design Antennas: The following provisions shall apply to all stealth design antennas. The intent of this section is to allow creativity in designing a proposed facility so that it will have limited visual impact.
1. Stealth designs may include, but are not limited to, the use of one or more of the following:
a. Screening, structure, and/or antenna design which blend with the architecture of the existing structure upon which the antenna will be mounted;
b. Screening, structure, antenna and/or location design which blend with and/or take advantage of existing vegetation and/or features of a site; and
c. Color schemes that make the antenna less noticeable.
2. Any associated mechanical or electrical equipment shall be completely screened from view, from public rights of way, on site parking areas and adjacent properties, with a decorative screening fence, and/or landscaping.
3. The proposed facility, including associated mechanical and electrical equipment, shall not be located within any public right of way.
4. The proposed facility shall conform to the requirements of this section and other applicable federal, state, or local laws, including regulations of the federal communications commission and the federal aviation administration.
5. Copies of required permits from federal and state agencies establishing compliance with applicable federal and state regulations shall be maintained on file with the county clerk.
6. The proposed facility shall conform to applicable development standards set forth in this section.
7. The land use authority shall have authority to determine whether a proposed roof mounted or wall mounted wireless telecommunications facility design will have limited visual impact and whether a proposed stealth design meets the intent of this section.
K. Roof Mounted Antennas: The following provisions shall apply to roof mounted antennas:
1. Roof mounted antennas may only be allowed if determined to be a stealth design as set forth in this section.
2. The maximum height of any roof mounted antenna shall comply with the maximum building height allowed in the zoning district in which the roof mounted antenna is located.
3. The maximum number of roof mounted antennas shall be one roof mounted antenna per building or structure.
L. Wall Mounted Antennas: Wall mounted antennas may only be allowed if determined to be a stealth design as set forth in this section. The following provisions shall apply to flush and nonflush mounted wall antennas:
1. Wall mounted antennas shall not:
a. Extend above the maximum building height allowed in the zoning district in which the wall mounted antenna is located.
b. Extend more than one foot (1') horizontally from the wall surface.
2. Wall mounted antennas, equipment, and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen.
3. The maximum number of wall mounted antennas shall be one wall mounted antenna per building or structure.
4. All wall mounted antennas shall be approved stealth design antennas as set forth in this section.
M. Monopoles And Antenna Support Structures: Monopoles with antenna support structures shall only be allowed if determined to be a stealth design, as set forth in this section. The following provisions shall apply to monopoles and antenna support structures:
1. The maximum height of any monopole, including antennas and antenna support structures, shall comply with the maximum building height allowed in the zoning district in which the monopole, including antennas and antenna support structures is located, measured from the natural grade at the base of the monopole to the highest point of the pole, antennas, or support structures.
2. The location of a monopole, and its associated equipment and facilities, shall be as follows:
a. All accessory equipment not located within an accessory building shall be completely screened from view by a decorative screening fence.
b. All monopoles and associated equipment and facilities shall be a stealth design, as provided by this section. The land use authority shall have the authority and responsibility to determine whether a proposed monopole and its associated accessory equipment and facilities will have limited visual impact.
c. A monopole, and its associated equipment and facilities, shall comply with the minimum yard setback requirements of the zoning district in which it is located.
d. A monopole shall not be located within one thousand (1,000) linear feet from another monopole.
e. All communication and power lines to or between any accessory building, accessory equipment, and antenna structures, shall be located underground.
N. Alternative Locations: In considering applications to locate wireless telecommunications facilities, the land use authority shall consider whether the location of the antenna on other existing structures in the same vicinity, such as other towers, buildings, athletic field lights, parking lot lights, etc., is possible without significantly affecting antenna transmission or reception.
O. Nonmaintained And Abandoned Facilities; Letter Agreement: Prior to approval of an application for a wireless telecommunication facility, the applicant shall provide the land use authority a letter agreeing to the requirements of this section. The letter agreement shall state that if technology renders the facility obsolete, the facility is not maintained, the facility is abandoned, or the facility is vacated, the carrier will provide the county clerk with a copy of a "notice to abandon" to be filed with the federal communications commission and will remove the facility.
P. Enforcement: If the county planner/zoning administrator determines that a facility is not maintained, is abandoned, or is vacated, the county planner/zoning administrator shall send the carrier a notice of nonmaintenance or abandonment by certified mail. If a facility subject to the notice has not been repaired, put into use, or removed within thirty (30) calendar days of receipt of the notice, the county planner/zoning administrator shall send the carrier a certified notice to remove, which shall give the carrier thirty (30) calendar days from the receipt of the notice to remove the facility. In the event a facility is not removed as required, the county may undertake legal proceedings to enforce removal as set forth in this section, or other applicable ordinances of the county. (Ord. 12-12-04, 12-4-2012)