(A) Development standards.
(1) Towers shall be permitted or conditionally permitted in zoning districts as shown in the permitted use tables in §§ 154-12-001
, 154-12-002
and 154-12-003
.
(2) No person shall build, erect or construct a tower unless a building permit has been approved and issued. Prior to the issuance of a building permit, a bond approved by the Zoning Administrator in an amount sufficient to ensure compliance with § 154-13-005
(B), shall be posted.
(3) Towers shall be permitted at a maximum height of 100 feet, plus additional appurtenances not to exceed 20 feet.
(4) Lattice type structures or structures which require the use of guy wires are prohibited.
(5) A conditional use permit application to allow a tower shall include:
(a) The name, address, and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated or proposed to be situated, the written consent of the owner shall be evidenced in the application.
(b) The legal description, tax parcel number, and address of the parcel of land upon which the tower is situated.
(c) The names, addresses, and telephone numbers of all owners of other towers within a one-half mile radius of the proposed new tower site, including town owned property.
(d) A description of the design plan proposed by the applicant. The applicant must identify its utilization of the most recent technological design as part of the design plan.
(e) The applicant must demonstrate the need for an additional tower.
(f) A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services.
(g) Color photo simulations showing the proposed site of the tower with a photo realistic representation of the proposed tower as determined by staff.
(h) Any other information that town staff considers necessary or that the applicant has failed to supply.
(6) Incomplete applications shall be returned to the applicant. Completed applications shall be forwarded to the Planning and Zoning Commission for a hearing.
(7) No new tower shall be built, constructed, or erected unless the tower is capable of supporting at least two telecommunication facilities.
(B) Setback requirements.
(1) All towers shall be set back at least 25 feet from any property line.
(2) Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located.
(3) Setback requirements may be modified, as provided in § 154-13-003(C), when placement of a tower in a location which will reduce the visual impact can be accomplished. For example, adjacent to trees which may visually hide the tower.
(C) Method to measure tower height. Tower height shall be measured from existing grade.
(D) Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA).
(E) Stealth design. All towers which require a conditional use permit must be of stealth design.
(F) Structures affecting navigable airspace. Any structure which may intrude on navigable airspace as defined in FAA bulletin Part 77, "Objects Affecting Navigable Airspace" must obtain approval from FAA prior to issuance of a conditional use permit or building permit.
(Ord. 466, passed 2-22-96)