(A)   No person shall erect or modify an antenna on an antenna support structure, construct a new tower as a permitted use or modify an existing tower without first obtaining an administrative permit pursuant to this section. The Town Council shall issue administrative permits consistent with the requirements to this section and this subchapter. An application for an administrative permit shall be in writing and in the form and content necessary to justify the permit. Within 15 days of receiving an application or a supplement to a pending application, the town planner shall determine and notify the applicant whether the information in the application is sufficient or shall request any additional information needed. The applicant shall either provide the additional information requested or shall notify the town planner in writing that the information will not be supplied and the reasons therefor. If the applicant does not respond to the request for additional information within 60 days, the application shall be deemed to be withdrawn. Within 30 days after acknowledging receipt of a sufficient application, or of receiving notification that the information will not be supplied, the town planner shall have the Town Clerk place the application on the next available Council agenda.
   (B)   The following uses may be approved in writing by the Town Council or designee after submission of a complete application, an administrative review and issuance of an administrative permit:
      (1)   Towers allowed as a permitted use;
      (2)   Installing an antenna on an existing structure other than a tower (such as a building, light pole, water tower or other freestanding nonresidential structure) that is 50 feet in height or greater, so long as the additional antenna adds no more than 40 feet to the height of the originally approved structure;
      (3)   Installing an antenna on any existing tower of any height, including the placement of additional equipment buildings or other supporting equipment used in connection with the antenna, so long as the addition of the antenna does not add to the height of the originally approved tower;
      (4)   Replacement towers, antenna support structures or tower modifications meeting the requirements of this section. A communication tower may be modified or reconstructed to accommodate the collocation of an additional communication antenna by administrative permit and shall be subject to the following provisions:
         (a)   The modified or replacement structure shall be either of the same tower type as the existing communication tower or a monopole tower that is replacing an existing lattice or guyed tower, as long as the existing height is exceeded;
         (b)   An existing communication tower may be modified or rebuilt to a taller height, not to exceed 20 feet over the tower’s original height, to accommodate the collocation of additional communication antennas; and
         (c)   The modified or replacement structure shall be exempt from any of the separation requirements set forth in § 157.550.
      (5)   An existing transmission line tower or pole-type antenna support structure (such as utility structure/pole) may be modified or replaced by administrative permit to allow for the collocation of additional antenna(s), providing the following criteria are met. If the following criteria can not be met, an existing pole-type antenna support structure may be modified or replaced by special use permit:
         (a)   The communication antenna attached to the existing electrical transmission tower or pole-type structure or replacement monopole shall not extend above the highest point of the pole-type structure or replacement monopole more than 20 feet, as measured from the height of the original pole-type structure and the modified or replaced structure shall not exceed a height of 150 feet;
         (b)   If the resulting structure/tower adds additional height over the original pole-type structure, the closest residential structure shall be located a distance of at least 150% the height of the structure/tower from the base of the pole-type structure or replacement tower;
         (c)   If no additional height over the height of the original pole-type structure is added by either the attachment of the communication antenna to the existing pole-type structure, or the replacement tower including the communication antenna, the structure/tower is permitted with no additional distance separation or setback from residential structures over that which was provided by the original pole-type structure;
         (d)   The communication antenna and support structure comply with all applicable FCC and FAA regulations;
         (e)   The communication antenna, pole-type structure and/or replacement monopole tower comply with all applicable building codes; and
         (f)   Pole-type structures within public rights-of-way, or used for power distribution shall be eligible for use under this division. Notwithstanding the foregoing sentence, pole-type structures within front yard, side yard or rear yard residential subdivision easements are not eligible for use under this division.
(2000 Code, § 66-1036)  (Ord. 99-01, passed 3-23-1999)  Penalty, see § 157.999