Development of wireless telecommunications facilities shall be in accordance with the following siting alternatives hierarchy. The order of ranking, from highest to lowest, shall be from division (A), to division (B), to division (C), outlined below. Where a lower ranked alternative is proposed, the applicant must demonstrate by substantial evidence that higher ranked options are not technically feasible or available.
(A) Co-location. The co-location of antenna on existing telecommunication towers and associated equipment or buildings shall comply with the following regulations:
(1) The co-location or placement of new telecommunications antennas upon existing telecommunications towers are hereby declared as permitted uses in all districts and may be issued an improvement location permit provided all development standards outlined in § 152.293(B) are met.
(2) Associated equipment or buildings, when located within an existing compound area that is in compliance with this chapter, may be issued an improvement location permit provided all development standards outlined in § 152.293(C), below, are met.
(B) Existing structure or building utilization. The utilization of existing structures and buildings for placement of antenna and associated equipment or buildings, including surface mounted and roof mounted applications of telecommunication antennas on existing buildings and structure mounted applications of telecommunication antennas on water towers, electric-line transmission towers, or other existing structures, shall comply with the following regulations:
(1) The placement of new telecommunications antennas upon existing structures and buildings are hereby declared as permitted uses in all districts and may be issued an improvement location permit provided all development standards outlined in § 152.293(B), below, are met.
(2) Associated equipment or buildings, when located within an existing building or compound area that is in compliance with this chapter, may be issued an improvement location permit provided all development standards outlined in § 152.293(C) - Associated Equipment or Buildings and Compound Area Requirements below are met.
(C) New telecommunications tower locations. New telecommunications towers and associated equipment or buildings shall comply with the following regulations:
(1) Where permitted. Wireless telecommunications facilities requiring the construction of a telecommunications tower, building, or structure are hereby declared as special exception uses in and requiring the approval of a special exception prior to the issuance of an improvement location permit, provided, however, no new telecommunications tower shall be located within 500 feet of a Residential District or use unless the applicant can demonstrate through the materials required by division (C)(4) of this section, that there are no other locations, buildings, or structures beyond 500 feet of a Residential District or use which are available and which can provide the necessary wireless telecommunications services to the residents and businesses of the town.
(2) Alternatives exhausted. The applicant for a wireless telecommunications facility special exception shall demonstrate that they have exhausted all efforts to locate the proposed telecommunications antennas upon existing telecommunications towers, buildings, or structures in the geographical area of the proposed telecommunications antennas. In the event that a wireless communications provider claims that efforts to locate the proposed telecommunications antennas upon existing telecommunications towers, buildings, or structures failed because of the demanded lease amount of the owner of an existing telecommunications tower, the dispute over fair market value shall be settled as set forth in division (C)(3), below.
(3) Fair market value. In the event of dispute between wireless telecommunications providers regarding the fair market value of rental for a co-location on an existing telecommunications tower which is subject to a requirement to provide co-location at a reasonable and nondiscriminatory basis and at a cost not materially exceeding fair market value, the applicant, at the applicant’s cost, shall select an independent appraiser to determine fair market value of the rental. In the event of a dispute over the appraisal results, the wireless telecommunication providers shall employ a new appraiser subject to the approval of the Zoning Administrator. The new appraisal shall be performed at the expense of the wireless telecommunication providers involved in the dispute. The expense of the new appraisal shall be equally shared between the wireless telecommunication providers and the results shall be conclusive.
(4) Additional special exception filing requirements. In addition to the requirements specified in § 152.367(I) and any applicable Rules of Procedure, all applications for a special exception for a new telecommunications tower location shall include the following:
(a) A service plan for the town. The service plan shall demonstrate efforts to minimize the size and number of telecommunications tower locations throughout the geographical area, taking into consideration existing technology. The service plan shall include, but not be limited to the following information:
1. A narrative detailing:
a. The reason of need (coverage, capacity, new users, and the like) for a telecommunications tower or wireless communication facility at the requested site;
b. The nature of any existing wireless communication facility sites indicated on the map required by division (C)(4)(a)2., below, shall be documented (i.e., freestanding structure with available heights noted, roof mounted applications, existing telecommunications towers with information regarding co-location opportunities or limitations, service providers utilizing each such wireless communication facility site, and the like); and
c. The manner in which the proposed placement will promote the town telecommunications policies.
2. a. A map of the town identifying the following:
i. All existing telecommunications towers; and
ii. All structures or buildings within a 1-mile radius of the proposed site that have a height equal to or greater than the height of the proposed telecommunications tower minus 30 feet.
b. In the event that a telecommunications tower is proposed within 1 mile of the boundary of the town, the map shall include the information required above for all areas within 1 mile of the proposed telecommunications tower.
3. a. If the applicant is a licensed provider of wireless communication services, the applicant shall supply individual coverage maps of the town jurisdiction, which:
i. Identify all existing locations utilized by the licensed provider’s network and reflects the current coverage levels to the town; and
ii. Identify the proposed coverage levels of the licensed provider’s network after the installation of the proposed wireless telecommunication facility.
b. In the event that the licensed provider proposes multiple sites, a separate coverage map for each additional wireless telecommunication facility, and an overall coverage map based upon all proposed wireless telecommunication facilities shall be provided.
(b) A certification, in a manner acceptable to the town, from the owner of the telecommunications tower or the property on which the telecommunications tower is located, that the telecommunications tower is available for use by another wireless telecommunications provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the fair market value for the use of the facilities.
(c) A designation by the owner of the telecommunications tower or the property on which the telecommunications tower is located of an area which is set aside for the equipment of future users of the telecommunications tower and is located:
1. Within the proposed compound area; or
2. Within a separate compound area located on the same lot and located no further from the telecommunications tower than the distance from the telecommunications tower to the proposed compound area plus 50 feet.
(d) Color photo simulations showing the site of the proposed telecommunications tower with a photo-realistic representation of the proposed telecommunications tower as it would appear viewed from the closest Residential District and from adjacent public right-of-way, and photographs of the same views as in the photo simulations showing the current appearance of the site without the proposed telecommunications tower.
(Ord. 1221, § 9.01(c), passed 1-26-2010)