(A) Purpose. The purpose of this section is to:
(1) Ensure that all telecommunications facilities comply with federal, state and county regulations;
(2) Regulate telecommunications services, antennas and support structures and related electronic equipment and equipment enclosures;
(3) Provide for the orderly establishment of telecommunications facilities in the county;
(4) Minimize the number of antenna support structures by encouraging the collocation of multiple antennas on a single structure, and by encouraging the location of antennas on preexisting structures;
(5) Establish siting, appearance and safety standards that will help mitigate potential impacts related to the construction, use and maintenance of telecommunications facilities; and
(6) Comply with the Telecommunications Act of 1996, being Pubic Law: 104-104, Statutes at Large: 110 Stat. 56, by establishing regulations that:
(a) Do not unreasonably discriminate among providers of functionally equivalent services;
(b) Do not prohibit or have the effect of prohibiting the provision of telecommunications services;
(c) Are not based on any claimed environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission regulations concerning such emissions; and
(d) Ensure that all utility facilities and structures are located, installed, buffered, screened and maintained in a manner that will minimize the impact of such facilities and structures on nearby landowners and will not adversely affect the rural, agricultural, small-town character and scenic beauty of the county.
(Prior Code, § 8-19-1)
(B) Findings.
(1) The telecommunications facilities are an integral part of the rapidly growing and evolving telecommunications industry and present unique zoning challenges for the county.
(2) The county wishes to balance the interests and desires of the telecommunications industry and its customers to provide competitive and effective telecommunications systems in the county, with the sometimes differing interests and desires of others concerning health, safety, welfare and aesthetics issues and orderly planning of the community.
(3) The county has experienced and increased demand for telecommunications facilities to be located in the county and expects the increased demand to continue into the future.
(4) It is the best interests of the citizens of the county to have quality telecommunications services available, which necessarily entails the installation of telecommunications facilities within the county boundaries.
(5) The visual effects of telecommunications facilities can be mitigated by fair standards regulating their siting, construction, maintenance and use.
(6) Locating antennas on existing buildings and structures creates less of a visual impact on the community than the erection of towers.
(7) Buildings and structures on public and private property are capable of being used to provide support for antenna arrays, thus reducing the number of towers in all areas of the county.
(8) The placement of telecommunication facilities on public property usually distributes the positive and negative effects of telecommunication facilities most equitably.
(9) The public policy objective of mitigating the impact of telecommunications towers can best be facilitated by permitting the locating of systems on existing buildings, towers and antenna support structures.
(10) The provisions set forth in this section for the placement of telecommunications facilities will contribute to the health, safety and general welfare of the community.
(11) UCA Title 69, Chapter 3, grants counties the authority to create or acquire sites to accommodate the erection of telecommunications towers and facilities in order to promote the location within a manageable area and to protect the aesthetics and environment of the area. The law also allows the county to require the owner of any tower to accommodate the multiple use of the tower by other companies where feasible and to pay the county the fair market rental value for the use of any county-owned site.
(Prior Code, § 8-19-2)
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. Any system of wires, poles, rods, arms, reflecting discs or similar devices of various sizes, materials and shapes, including, but not limited to, solid or wire mesh dish, home, spherical or bar configurations used for wireless transmission. Types of ANTENNAS include, but are not limited to, the following.
(a) ROOF-MOUNTED ANTENNA. An antenna mounted directly to the roof of a building, mechanical penthouse or parapet enclosure wall that is on the rooftop of a building.
(b) TOP HAT ANTENNA. Spatial array of antennas, generally located on a freestanding structure, where the visible width of antennas and antenna mounting structures are more than two feet in width as viewed looking directly at the structure.
(c) WALL-MOUNTED ANTENNA. Any antenna mounted directly to the fascia or outside walls of a structure, existing parapet walls, penthouses or mechanical equipment rooms, with no portion of the antenna extending above the roofline of such structures.
ANTENNA SUPPORT STRUCTURE. A structure, the principal purpose of which is for location of antennas. Types of ANTENNA SUPPORT STRUCTURES may include:
(a) LATTICE TOWER. A multiple-sided, open steel frame structure used to support one or more antennas. LATTICE TOWERS and guyed structures are not allowed in any zone, except towers under 70 feet that are owned and operated by a federally-licensed amateur radio station operator or are used exclusively for receive only antennas; and/or
(b) MONOPOLE. A standing antenna support structure placed directly on the ground to support one or more antennas.
CELL ON WHEELS (COW). A mobile, temporary telecommunications facility which is located and operated on a trailer for 30 days or less.
COLLOCATION. A telecommunications facility that includes a single antenna support structure, but more than one telecommunications provider’s antennas and telecommunication equipment.
EQUIPMENT ENCLOSURE. A structure, shelter, cabinet or vault used to house and protect the electronic equipment necessary for processing wireless communication signals and other telecommunication equipment.
NONSTEALTH DESIGN. Any antenna or equipment enclosures not camouflaged in a manner to blend with surrounding land uses, features or architecture. NONSTEALTH DESIGN does not conceal the intended use of the telecommunications facility. A monopole with equipment enclosures above the ground and unscreened would be considered NONSTEALTH.
STEALTH. Antennas, antenna support structures and telecommunication equipment enclosures camouflaged or designed to blend with surrounding land uses, features and architecture, thus minimizing the aesthetic impact on adjacent uses, thereby concealing the intended use and appearance of the telecommunications facility such as heavy landscaping, or installing telecommunications equipment within existing buildings, behind vegetative screening or placing equipment enclosures underground, thus preserving or striving to maintain the rural aesthetics of the county. A flush wall mount antenna that is painted the same color as the background and located on a building where the telecommunications equipment is located inside the building would be one example of STEALTH design. Other examples of STEALTH design include, but may not necessarily limited to, roof mount antennas, utility pole antennas, light or flagpoles, artificial rocks or trees.
TELECOMMUNICATIONS EQUIPMENT. Equipment used in a telecommunications facility, other than the antenna, antenna support structure or equipment enclosures. TELECOMMUNICATIONS EQUIPMENT may include, but is not limited to, electronic equipment necessary for processing wireless communication signals, air conditioning, backup power supplies and emergency generators.
TELECOMMUNICATIONS FACILITY. An unmanned structure which consists of “antennas,” “antenna support structures,” “telecommunications equipment” or “equipment enclosures,” as defined in this division (C), that transmit and/or receive voice and/or data communications through radio signals, such as, but not limited to, “cellular” or “PCS” (personal communications system) communications and paging systems, whether commercially or privately operated. Such sites typically require the construction of transmission support structures, access roads, fences and any other attendant infrastructure. A monopole by itself without an accompanying lease agreement or other agency agreement acceptable to the County Attorney with a wireless telecommunications provider company does not qualify as a wireless TELECOMMUNICATIONS FACILITY.
(Prior Code, § 8-19-3)
(D) General review provisions; exemptions.
(1) Impact study. The county may, if it deems necessary, cause the applicant to submit an impact study from a qualified, third-party radio frequency engineer, to ensure that the proposed telecommunications facility will not interfere with existing radio, television and emergency signals. The purpose of the review shall be to determine if other sites are available which can achieve an equivalent signal distribution without significantly affecting the existing telecommunication operations within the county. Such a review may be required when an applicant indicates that no other acceptable site exists. These costs shall be borne by the applicant. If the applicant disagrees with staff or the Planning Commission regarding this impact study, then an appeal can be made before the County Commission.
(2) Types of use permits. Communication facilities applications shall be considered for either a temporary use permit, conditional use permit or permitted use permit.
(3) Exempt towers. Towers under 70 feet that are owned and operated by a federally-licensed amateur radio station operator or towers used exclusively for receive only antennas are exempt from this section.
(Prior Code, § 8-19-4)
(E) Construction standards.
(1) Building Codes and safety standards. To ensure the structural integrity of telecommunications facilities, the owner of a telecommunication facility shall ensure that it is maintained in compliance with standards contained in applicable local Building Codes and the applicable standards for such telecommunications facilities, as amended from time to time.
(2) Letter of intent. All applicants, who apply to build a tower, shall provide one letter of intent from a telecommunications company that will locate on the tower.
(3) Lattice towers and guywires. Lattice towers and guyed structures are not allowed in any zone, except towers described in this section.
(Prior Code, § 8-19-5)
(F) General requirements.
(1) Setbacks. Telecommunication facility presumptive setback shall be 115% of the tower’s height from the property line or what the zone dictates, whichever is greater. Planning staff, upon review of the application, can vary setbacks if the telecommunication facility can be hidden more appropriately by topography, vegetation or existing structures; however, the adjacent landowner must provide written agreement approved by the County Attorney of the proximity to his or her property line.
(2) Height. Height of towers shall be minimized as much as reasonably possible. Height of the telecommunication facilities shall be measured from the existing grade to the top of the antenna support structure or to the highest point of any portion of the telecommunications facility, whichever is greater. If the proposed site is a roof mount or wall mount, the county may request that the study verify that the existing or proposed screening will screen the telecommunications facility from view. Heights shall be no higher than 60 feet in any zone allowed, and up to 100 feet if the monopole is stealth, requires additional height for coverage and/or collocation and the applicant has taken all reasonable steps to mitigate adverse effects on the surrounding neighborhood.
(3) Signage. Signs shall be limited to nonilluminated warning and equipment identification signs, unless warranted by FAA, FCC or any other agency of the state or federal government with the authority to regulate towers and antennas.
(4) Access roads. Access roads shall be limited to ten feet in width, except where safety considerations require otherwise. Said roads shall contain gravel or other nonpaved surface. Existing roads shall, whenever possible, be upgraded the minimum amount necessary.
(5) Zoning. Telecommunication facilities are allowed in larger than RR-1 Zones and legal lots two acres or greater.
(Prior Code, § 8-19-6)
(G) Temporary use permit. If an applicant submits an application for a COW, the applicant must comply with division (J) below.
(Prior Code, § 8-19-7)
(H) Conditional use permit. For all new telecommunication facilities, the applicant shall submit a master plan along with a completed application and a site justification study for each proposed telecommunications facility or site. A site justification study and master plan shall be submitted to the Planning Department. This study shall provide a review of the proposed project to ensure that the provisions of this chapter are being met. If the application is a collocation or stealth, go to the permitted use permit provisions of division (M) below for application requirements. Permitted uses shall be reviewed and approved by the planning staff. Temporary and conditional uses shall be reviewed and approved by the Planning Commission and approved by the County Commission. Any conflicts shall be submitted to the Planning Commission for consideration. Said Planning Commission shall review and render a decision by: Approving the application; approving the application with conditions; or denying the application. The applicant shall request in written form what information submitted with the application is to be kept confidential from public review.
(Prior Code, § 8-19-8)
(I) Master plan requirements. A master plan shall be completed by each company submitting an application for a conditional use review. The master plan shall show:
(1) Where the applicant’s proposed, existing and future telecommunication facilities are within the county. The master plan may be amended as needed by the carrier for future site applications as long as the planning staff justifies the amendment;
(2) The number of possible collocations that can be physically located on the proposed tower;
(3) The master plan shall contain a copy of the applicant’s current FCC license to the Planning Department;
(4) An initial indication of where the road or access will be located to the proposed site. Prior to approval of a building permit, the applicant shall provide staff with a copy of recorded easements to the proposed site; and
(5) A signed agreement, stating that the applicant will:
(a) Allow collocation with other users, provided all safety, structural and technological requirements are met. This agreement shall also state that any future owners or operators will allow collocation on the tower;
(b) Restore site to its former condition as provided in division (P) below relative to nonmaintained or abandoned facilities;
(c) A security program or system that addresses unauthorized access and vandalism; and
(d) Latitude and longitude of proposed tower location.
(Prior Code, § 8-19-9)
(J) Site justification study requirements.
(1) Included information. A site justification study shall be completed for each site. The study shall include:
(a) Rationale. The site justification study shall include a description of the elevations, vegetation and rock formations at the proposed site and in the area, a description of the telecommunications facilities proposed to be placed on the site with technical reasons for a tower, its location and its design efforts made to minimize impacts on the farming activities found on the land propagation information for the proposed site, demonstrating that the telecommunications facility complies with the county’s General Plan, as well as the required setback and landscaping requirements of the zoning district in which the proposal is being made. The Planning Commission may waive or reduce the burden on applicant if the Planning Commission concludes that the goals of this section are better served thereby;
(b) Collocation. The study shall also examine the potential for collocation at existing sites or the proposed site. If collocation is not possible at an existing site or if the proposed new site is not available for collocation, then the applicant shall include a written explanation of why collocation is not possible;
(c) Equipment enclosures. The study must include a detailed written explanation and analysis, not limited to fiscal reasons alone, of the potential for the equipment enclosures to be either:
1. Located in any existing building; or
2. Designed whereby the incorporation of stealth design technology or other visual screening is utilized that readily conceals the appearance of the equipment enclosures.
(d) Visual analysis. On all new sites, the applicant shall submit a detailed 24- inch by 36-inch surveyed map, not more than one inch equals 100 feet, which includes:
1. The topography of the area (in two-foot elevations) in which tower and/or telecommunication facilities can be located while continuing to communicate with sister towers.
2. Delineation of where telecommunication facilities can be placed so as to minimize:
a. The placement of structures from being placed on slopes of 30%, or greater;
b. The intrusion of equipment enclosures from being silhouetted against the sky as seen from a public road or other public location; and
c. Graphical illustration of the coverage of the proposed telecommunication facility.
(2) Illustration required. Once the applicant and staff locate a site, the applicant shall provide an illustration which can include photo simulation, field mockup or other techniques, which illustrate all possible visual impacts of the proposed telecommunication facility. The analysis should consider views from public areas (streets, parks and the like) and from private residences. The applicant should identify all reasonable mitigation measures consistent with the technical aspects and requirements of the proposed telecommunications facility to ensure that hill cuts for roads are minimized and that the telecommunication facility can be hidden as best as possible to preserve the rural character of the county. All costs associated with this requirement are to be borne by the applicant.
(Prior Code, § 8-19-10)
(K) Public hearing. All conditional use applications shall have a public hearing before the Planning Commission. Public hearings by the governing body are optional. In addition to all other notices required by law and no less than ten days prior to the public hearing, the applicant shall cause that a sign be constructed and placed on the lot where the proposed wireless telecommunication facilities are to be located. The sign shall be placed near the frontage road in a conspicuous location, with its view unobstructed, so as to be easily read by the public. The sign must be two feet by three feet in size and must state that a public hearing is to be held on the erection of a tower or other wireless telecommunications facility on this lot. The sign shall give the date, time and place of the hearing. The words “a public hearing” must be printed in letters at least four inches high. Following the public hearing, the Planning Commission shall make a recommendation to the County Commission regarding an approval, approval with conditions or a denial of the application.
(Prior Code, § 8-19-11)
(L) Public notice. The applicant shall provide stamped, addressed envelopes for each property owner within 600 feet of the proposed facility property line, or 1,200 feet from the proposed facility, whichever is less.
(Prior Code, § 8-19-12)
(M) Permitted use permit.
(1) Conditional use permit. Any request for telecommunications facilities differing from the standards as allowed in this division (M) shall require a conditional use permit.
(2) Compliance with General Plan. Telecommunications facilities must comply with the county’s General Plan.
(3) Type permitted. All permitted use telecommunication facilities listed in this division (M) must be a collocation stealth design, or of a height of 35 feet or less.
(a) Collocation. Be located on an existing antenna support structure without having to replace or extend said tower.
(b) Stealth. Incorporate stealth design technology or other visual screening that readily conceals the appearance of the antenna support structures and equipment enclosures. Stealth design can be incorporated on existing facilities. Some examples may include, but not be limited to, roof mounts, wall mounts and utility, light or flagpole antennas.
(c) Towers. Towers 35 feet or less are permitted if in agreement to all other criteria of this section.
(4) Conflicts; Planning Commission review. If there is a conflict between planning staff and applicant, the application shall be referred to the Planning Commission for review.
(Prior Code, § 8-19-13)
(N) Master plan.
(1) Amendment of master plan. Where the applicant’s proposed, existing and future telecommunication facilities are within the county, the master plan may be amended as needed by the carrier for future site applications as long as the planning staff justifies the amendment.
(2) FCC license provided. The master plan shall contain a copy of the applicant’s current FCC license to the Planning Department.
(3) Site justification study requirements.
(a) The study must include a detailed written explanation and analysis, not limited to fiscal reasons alone, of the potential for the equipment enclosures to be either:
1. Located in an existing building; or
2. Designed whereby the incorporation of stealth design technology or other visual screening is utilized that readily conceals the appearance of the equipment enclosures.
(b) Delineation of where telecommunication facilities can be placed so as to minimize the placement of structures from being placed on slopes of 30% or greater; and
(c) The intrusion of equipment enclosures from being silhouetted against the sky as seen from a public road or other public place.
(Prior Code, § 8-19-14)
(O) Permitted use review process. In proposals where either the applicant or the Planning Department determines that potential issues may arise or additional comment is needed from the community, a public hearing on the application may be scheduled with the Planning Commission.
(Prior Code, § 8-19-15)
(P) Nonmaintained or abandoned facilities. The Planning Department may require each nonmaintained or abandoned telecommunication facility to be removed when such telecommunication facility has not been repaired or put into use by the owner, person having control or person receiving benefit of such structure after six months of continuous nonuse and after 90 days’ written notice of nonmaintenance or abandonment is given to the owner, person having control or person receiving the benefit of such structure.
(Prior Code, § 8-19-16)
(Ord. 17-13, passed 2-7-2017) Penalty, see § 155.999