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SPECIAL EXCEPTIONS
(A) Generally. Special exceptions are publicly or municipally operated uses traditionally affected with a public interest, and those uses entirely private in character but of such an unusual nature that their operation may raise unique problems with respect to their impact upon neighboring property and public facilities.
(B) Procedure.
(1) Upon receipt of an application for special exception, the Plan Director shall refer the application to the Board for public hearing.
(2) A copy of each application shall be referred concurrently to the Commission. The Plan Commission may, without public hearing, review the application for special exception and report on any effect the application might have upon the County Comprehensive Plan.
(3) In order for a special exception to be granted, the Board must find in writing that:
(a) The establishment, maintenance or operation of the special exception will not be injurious to the public health, safety or general welfare of the community;
(b) The special exception will not affect the use and value of other property in the immediate area in a substantially adverse manner; and
(c) The establishment of the special exception will be consistent with the character of the district (particularly that area immediately adjacent to the special exception) and the permitted land use.
(4) The Board may impose conditions as part of its approval to protect the public health, and for reasons of safety, comfort and convenience. All special exceptions are subject to the development standards of the county subdivision regulations §§ 154.110 through 154.118, 154.130 through 154.132, 154.145 through 154.147 and 154.160 through 154.171 if deemed necessary by the Board. The Board shall either direct the Plan Director to issue an improvement location permit for the special exception or to reject the application. The findings of the Board and its order to the Plan Director shall be in writing.
(C) Existing use.
(1) An existing use which is listed here as a special exception and which is located in a district in which the special exception may be permitted at the time of enactment of this chapter is a conforming use, providing the use meets the minimum development standards set forth in the respective districts.
(2) Any expansion of the special exception involving the enlargement of buildings, structures and land devoted to the use, shall be subject to the requirements and procedures described in this section.
(D) Delay.
(1) Any person who is issued an improvement location permit for a special exception must begin construction within nine months after the permit is issued; complete the special exception within two years after such construction is begun, whichever is later; and conform to the provisions of any restrictions or conditions which the Board imposed in conjunction with approval of the special exception by the Board and upon the basis of which the improvement location permit was issued.
(2) Persons failing to do so may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any person, to show cause why such approval should not be withdrawn and such improvement location permit revoked.
(E) Alteration, change, amendment or extension. The holder of an improvement location permit for a special exception may apply to the Board at any time for an alteration, change, amendment or extension of the application or use upon which such permit was based.
(1) Upon receipt of the application, the Board shall proceed as in the case of original application for a special exception.
(2) If the Board approves and orders the application or use changed, altered, amended or extended, it shall notify the Plan Director who shall issue an amended improvement location permit.
(3) The Board may impose any additional reasonable requirements or conditions including, but not limited to, establishing building setback lines and lot sizes for a special exception use, if, in the Board’s judgment, additional requirements or conditions are necessary for the protection of the public health, safety, comfort and convenience.
(F) Uses classified as special exceptions. The following uses or structural alterations, which are classified as special exceptions, may be permitted by the Board of Zoning Appeals in the designated zoning districts in accordance with the procedure specified in this chapter.
(1) Abattoir (slaughterhouse): commercial processing of animals, including commercial hatcheries and poultry processing plants in the A1 District;
(2) Confined feeding operations in the A2 District;
(3) Airports and landing fields in the A1, A2 and I Districts;
(4) Archaeological sites, buildings or properties in all districts;
(5) Auditorium, community center, stadium, armory, gymnasium, public buildings and other similar places for public events in Commercial Districts;
(6) Bed and breakfast inn in the A1, A2, R1 and R2 Districts;
(7) Boarding or lodging house in the R2 District;
(8) Building material sales (with no outside storage or display area) in the CG District;
(9) Bus terminals in the CG and I Districts;
(10) Camps and campgrounds in the A1, A2, FP and PV Districts;
(11) Cement, lime and gypsum manufacturing, oil processing, refining and manufacturing in the I District;
(12) Churches, synagogue, temples, convents, monasteries, theological schools, rectories, parish houses and not-for-profit food or clothing pantry operated for a charitable purpose in all districts;
(13) Cement mixing, production of concrete blocks, cinder blocks and other similar building materials in the I District;
(14) Correctional and penal institutions in the I District;
(15) Confined feeding operations in the A2 District;
(16) Country clubs in the A1 and A2 Districts;
(17) Crematories in the CG and I Districts;
(18) Day care center; see nursery school;
(19) Elementary and secondary schools and colleges, public or private, but excluding music, dance and similar business schools in the CG District;
(20) Fat rendering; stock yards, slaughtering and allied food processing; leather curing and tanning in the I District;
(21) Feed stores in the CG District;
(22) Fertilizer manufacturing in the A1 District.
(23) Golf courses in the A2 District;
(24) Gun clubs in the A2 District;
(25) Heliports in the A2 District;
(26) Historic sites, buildings or properties in all the districts;
(27) Hospitals and sanitariums, public or private, in the A2 District;
(28) Hotels or motels in the CG District;
(29) Kennels in the A2 District;
(30) Lake developments - recreational uses in the A2 District;
(31) Large animal hospitals in the A2 District;
(32) Livestock sale or auction in the A2 District;
(33) Lodge or private club in the A1, A2 and R2 Districts;
(34) Manufacture and distribution of commercial fertilizers and agricultural chemicals in the A1 District;
(35) Marina in the A2, PV and FP District;
(36) Medical centers or clinics in the CG District;
(37) Mini warehouse in the CC, CG and I Districts;
(38) Mobile homes (manufactured type structures as defined in § 155.005) parks (in accordance with § 155.050(B)) in the A2 District;
(39) Monument works and stone cutting in the I District;
(40) Mortuaries and funeral homes without crematorium in the R2 and CG Districts;
(41) Daycare in all districts;
(42) Oil and gas exploration, pumping and temporary storage facilities allowed in all districts;
(43) Park and playground in the A2 District;
(44) Plumbing, electrical, heating, sheet metal, roofing showrooms and shops (with no outside storage or display of goods) in the CG District;
(45) Public or private schools with dormitories in the A1, A2, R1, R2 Districts;
(46) Public utility power plants, transformer stations, filtration and sewage disposal plants, pumping stations, water reservoirs and railroad rights-of-way in all districts except A1 and all residential districts;
(47) Recreation vehicle park in the A1, A2, FP, R2 and PV Districts;
(48) Riding stables in the A2 District;
(49) Road courses or race tracks in the CG, A1, and A2 Districts;
(50) Rock crushing, grinding or mulling in the A2 District;
(51) Sand, gravel and aggregate extraction and processing in the A2 and I Districts;
(52) Sawmill and kiln type operations in the A1 and A2 Districts;
(53) Stockyards-shipping, holding and sale of animals in the A1 and A2 Districts;
(54) Storage and use of explosive materials in the I District;
(55) (a) Storage or processing of salvage or scrap, junk yards and automobile wrecking in the I District, provided that the use is confined within closed buildings or in yards completely enclosed and surrounded by solid walls or solid fences at least eight feet in height; so that operation is not visible during any season of the year.
(b) Fences to be kept in good repair and satisfactory in appearance which includes:
1. No holes or missing pieces;
2. Consists of one natural or painted color; and
3. Displays no advertising unless allowed by permit under this chapter.
(56) Public swimming pools in the A2 and CG Districts;
(57) Tennis or swimming clubs in the A2 District;
(58) Tourist home in the A2 and R2 Districts;
(59) Trucking terminals in the I District;
(60) Veterinary clinics, including animal hospitals, in the A2 and CG Districts;
(61) Air strips for personal use in the A1 District;
(62) Recreational type activities and/or uses in the A1 and A2 Districts;
(63) Low impact/property occupation in the A1 and A2 Districts;
(64) Automobile, motorcycle, off-road vehicle and agriculture equipment repairs, parts or body shops in A1 and A2 Districts;
(65) Contractor’s equipment storage yard for the storage of equipment, vehicles, or other materials commonly used in the contractor’s type of business in all districts;
(66) Placement of propane distribution tanks in A1 and A2 Districts; and
(67) Microbrewery, winery or distillery for the production of beer, wine and distilled liquors/spirits in all zoning districts.
(68) Wind energy conversion systems in all zoning districts.
(69) Banquet hall/assembly facility/retreat center (may also include, but is not limited to, sports arenas, outdoor concerts, public theatre and dancing) in A1, A2, R1, and R2 Districts.
(70) Commercial solar energy conversion systems, as defined in Ordinance 2020-6-1 and incorporated by reference herein, in all zoning districts.
(Ord. passed 7-20-1992; Ord. 1994-6-20-2, passed 6-20-1994; Ord. 1996-12-2, passed 12-2-1996; Ord. 2001-12-17, passed 12-17-2001; Ord. 2012-3-5-1, passed 3-5-2012; Ord. 2012-6-18, passed 6-18-2012; Ord. 2012-12-3-3, passed 12-3-2012; Ord. 2013-9-4, passed 9-4-2013; Ord. 2014-10-6, passed 10-6-2014; Ord. 2014-12-15-B, passed 12-15-2014; Ord. 2015-6-1-1, passed 6-1-2015; Ord. 2015-6-1-2, passed 6-1-2015; Ord. 2019-5-6, passed 5-6-2019; Ord. 2019-12-2-3, passed 12-2-2019; Ord. 2020-6-1, passed 6-1-2020)
WIRELESS FACILITIES
(A) Title. These regulations shall officially be known, cited and referred to as the “Wireless Telecommunication Facility Regulations of Putnam County” (hereinafter “these regulations”).
(B) Purposes. In order to protect the public health, safety and general welfare of the community, while accommodating the communication needs of residents and business these regulations are necessary in order to:
(1) Facilitate the provision of wireless telecommunication services to the residents and business of the county;
(2) Minimize adverse visual effects of towers through careful design and siting standards;
(3) Encourage the location of towers in nonresidential areas through performance standards and incentives;
(4) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
(5) Provide mechanisms for the mitigation of tower proliferation through tower sharing requirements for all new tower applicants and those existing towers that are physically capable of sharing.
(C) Authority. The County Planning Department is vested with the authority to review, approve, conditionally approve and disapprove applications for wireless communication facilities, including sketch, preliminary and final plans.
(D) Jurisdiction.
(1) These regulations apply to all wireless communication facilities, as defined in § 155.126, located within the jurisdiction of the County Planning Department as provided by law.
(2) No wireless communications facility may be constructed within the jurisdiction without an approved and signed permit from the Planning Department after approval by the Board of Zoning Appeals.
(E) Enactment. In order that wireless communications facilities may be constructed in accordance to these purposes and policies, these regulations shall be in full force and in effect in the manner provided by law. All applications for wireless communication facility sitings pending on the effective date of these regulations shall be reviewed under these regulations.
(F) Interpretation, conflict and separability.
(1) Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.
(2) Conflict. These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from any other ordinance, rule or regulation, statute or other provision of law, the provision, which is more restrictive or imposes higher standards shall control.
(3) Separability. If any part or provision of these regulations or the application of these regulations to any service provider or circumstances is adjudged invalid by any court of competent jurisdiction, the judgement shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgement shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other service providers or circumstances. The County Board of Zoning Appeals hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application, which is judged to be invalid.
(G) Amendments.
(1) For the purpose of protecting the public health, safety and general welfare, the County Planning Department may from time to time propose amendments to these regulations which shall be approved or disapproved by the County Board of Commissioners at a public meeting following public notice.
(2) Realizing that communication technologies are evolving and changing quickly, future innovations may reduce the impacts of individual facilities and render portions of these regulations obsolete. Therefore, periodic review and revision of these regulations will be necessary.
(H) Public purpose. Regulations of the siting of wireless communication facilities is an exercise of valid police power delegated by the state and as stipulated in the Federal Telecommunications Act of 1996, being 47 U.S.C. Ch. 5, Subchs. I, II, and VI. The developer has the duty of compliance with reasonable conditions laid down by the County Board of Zoning Appeals.
(I) Enforcement and violations.
(1) The enforcement of these regulations shall be the responsibility of the Planning Department.
(2) The Board of Zoning Appeals reserves the right to hire a private technical consultant to review individual applications for wireless facilities at the cost of the applicant.
(Ord. 2001-12-17, passed 12-17-2001) Penalty, see § 155.999
For the purpose of this subchapter, certain abbreviations, terms and words shall be used, interpreted and defined as set forth in this section. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and words used in the plural indicate the singular.
ACT. The Communications Act of 1934, being 47 U.S.C. §§ 201 et seq., as it has been amended from time to time, including the Federal Telecommunications Act of 1996, being 47 U.S.C. Ch. 5, Subchs. I, II, and VI, and shall include future amendments to the Communications Act of 1934.
AFFILIATE. When used in relation to an operator, another person who directly or indirectly owns controls, is owned or controlled by, or is under common ownership or common control with the operator, or an operator’s principal partners, shareholders or owners of some other ownership interest; and when used in relation to the County Planning Department, any agency, board, authority or political subdivision affiliated with the Area Plan Commission or other person in which the County Planning Department has legal or financial interest.
ALTERNATIVE TOWER STRUCTURE. Human-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. (See also STEALTH FACILITY.)
ANALOG TECHNOLOGY. Replicates and amplifies voice messages as they are carried from the transmitting antenna to the receiving antenna.
ANTENNA. Any exterior apparatus designed for telephonic, radio or television communications through sending and/or receiving or electromagnetic waves.
ANTENNA HEIGHT. The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA SUPPORT STRUCTURE. Any pole, telescoping mast, tower tripod or any other structure which supports a device used in the transmitting and/or receiving of electromagnetic waves.
APPLICANT. A person who applies for a wireless facility siting. An APPLICANT can be the owner of the property, or someone who is representing the owner, such as a builder, developer, optional purchaser, consultant or architect.
BROADCAST. To transmit information over the airwaves to two or more receiving devices simultaneously. Information can be transmitted over local television or radio stations, satellite systems or wireless data communications networks.
CELL SITE. A tract or parcel of land that contains a cellular communication antenna, its support structure, accessory building(s), parking, and may include other uses associated with ancillary to cellular communications transmission.
CELLULAR SERVICE. A telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmission sites called cell sites, either to the public switched network or to other mobile cellular phones.
CELLULAR TELECOMMUNICATIONS. A commercial low power mobile radio service licensed by the Federal Communications Commission (FCC) to providers in a specific geographical area in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within the service area.
CELLULAR TELECOMMUNICATIONS FACILITY. A facility that consists of the equipment and structures involved in receiving telecommunication or radio signals from mobile radio communications sources and transmitting those signals to a central switching computer, which connects the mobile unit with the land-based telephone lines.
CO-LOCATION. Locating wireless communications equipment from more than one provider on a single site.
COMMON CARRIER. An entity licensed by the FCC or a state agency to supply local and/or long distance telecommunications services to the general public at established and stated prices.
COMMUNICATION TOWER. A guyed, monopole or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving television, AM/FM radio, digital microwave, cellular, telephone or similar forms of electronic communication.
COMMUNICATIONS FACILITY. A land use facility supporting antennas and microwave dishes that sends and/or receives radio frequency signals. COMMUNICATIONS FACILITIES include structures or towers and accessory buildings.
COMMUNICATIONS TRANSMISSION SYSTEM or COMMUNICATIONS SYSTEM. A wired communication transmission system, open video system, wireless communications transmission system regulated by these regulations.
COMPREHENSIVE OR MASTER PLAN. The current adopted plan of the Putnam County Planning Department.
C.O.W.s. Cells on “wheels”, see TEMPORARY WIRELESS COMMUNICATION FACILITY.
DIGITAL TECHNOLOGY. Converts voice and data messages into digits that represent sound intensities at specific points of time and data content.
DIRECTIONAL ANTENNA. An antenna or array of antennas designed to concentrate a radio signal in a particular area.
DISH ANTENNA. A dish-shaped antenna used to link communications sites together by wireless transmission of voice or data. Also called MICROWAVE ANTENNA or MICROWAVE DISH ANTENNA.
ESMR. Enhanced specialized mobile radio.
FAA. Federal Aviation Administration.
FCC. Federal Communications Commission.
FREQUENCY. The number of cycles completed each second by a sound wave; measured in hertz (Hz).
GOVERNING AUTHORITY. The governing authority of the Putnam County Board of Zoning Appeals.
GRADE. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or, when the property line is more than five feet from the structure, between the structure and a line five feet from the structure.
GUYED TOWER. A communication tower that is supported, in whole or part, by guy wires and ground anchors.
LATTICE TOWER. A guyed or self-supporting three or four sided, open, steel frame structure used to support telecommunications equipment.
LICENSE. The rights and obligations extended by the Board of Zoning Appeals to an operator to own, construct, maintain and operate its system within the jurisdiction of the Board of Zoning Appeals for the sole purpose of providing services to persons or areas outside the jurisdiction.
MHZ. Megahertz, or 1,000,000 Hz.
MICRO-CELL. A low power mobile radio service telecommunications facility used to provide increased capacity in high-call demand areas to improve coverage in areas of weak coverage.
MICROWAVE. Electromagnetic radiation with frequencies higher than 1,000 MHZ; highly directional signal used to transmit radio frequencies from point-to-point at a relatively low power level.
MICROWAVE ANTENNA. A dish-like antenna manufactured in many sizes and shapes used to link communication sites together by wireless transmission of voice or data.
MONOPOLE TOWER. A communication tower consisting of a single pole constructed without guy wires and ground anchors.
OMNIDIRECTIONAL ANTENNA. An antenna that is equally effective in all direction and whose size varies with the frequency and gain for which it was designed.
OWNER. The owner of the title to real property or the contract purchaser of real property of record, as shown on the latest assessment records in the office of the Assessor. OWNER also includes a deedholder or contract purchaser whose name does not appear in the latest assessment records, but who presents to the municipality a copy of a deed or contract of sale showing date, book and page of recording.
PERSONAL COMMUNICATIONS SERVICES or PCS. Digital wireless telephone technology such as portable phones, pagers, faxes and computers. Such mobile technology promises to allow each consumer the same telephone number wherever he or she goes. Also known as PERSONAL COMMUNICATION NETWORK (PCN).
PREEXISTING TOWERS AND ANTENNAS. Any tower or antenna on for which a permit has been issued prior to the effective date of these regulations and is exempt from the requirements of these regulations.
PUBLIC PROPERTY. Any real property, easement, air space or other interest in real estate, including a street, owned by or controlled by the County Planning Department or any other governmental unit.
ROOF AND/OR BUILDING MOUNT FACILITY. A low power mobile radio service telecommunications facility in which antennas are mounted to an existing structure on the roof (including rooftop appurtenances) or building face.
SCENIC VIEW. A view that may be framed, wide angle or panoramic and may include natural and/or human-made structures and activities. A SCENIC VIEW may be from a stationary viewpoint or be seen as one travels along a roadway, waterway or path. A VIEW may be to a far away object, such as a mountain, or of a nearby object.
SELF-SUPPORT TOWER. A communication tower that is constructed without guy wires and ground anchors.
SPECTRUM. Relating to any transmissions or reception of electromagnetic waves.
STEALTH FACILITY. Any communications facility which is designed to blend into the surrounding environment. Examples of STEALTH FACILITIES may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and antenna structures designed to look like light poles. (See also ALTERNATIVE TOWER STRUCTURE.)
SYSTEM. The communications transmission system operated by a service provider in the jurisdiction of the County Planning Department.
TELECOMMUNICATIONS. The transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
TEMPORARY WIRELESS COMMUNICATION FACILITY. Any tower, pole, antenna and the like designed for use while a permanent wireless facility is under construction, or for a special event or conference where a majority of people attending are wireless users.
TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers and alternative tower structures.
WIRELESS COMMUNICATION FACILITY. An all-encompassing definition; any towers, poles, antennas or other structures intended for use in connection with transmission or receipt of radio or television signals or any other spectrum-based transmissions/receptions.
WHIP ANTENNA. An antenna that transmits signals in 360 degrees. WHIP ANTENNAS are typically cylindrical in shape and are less than six inches in diameter and measure up to 18 feet in height. Also are called OMNIDIRECTIONAL, STICK OR PIPE ANTENNAS.
VIEW CORRIDOR. A three-dimensional area extending out from a viewpoint. The width of the VIEW CORRIDOR depends in the focus of the view. The focus of the view may be a single object, such as a mountain, which would result in a narrow corridor, or a group of objects, such as a downtown skyline, which would result in a wide corridor. Panoramic views have very wide corridors and may include a 360-degree perspective. Although the VIEW CORRIDOR extends from the viewpoint to the focus of the view, the mapped portion of the corridor extends from the viewpoint and is based on the area where base zone heights must be limited in order to protect the view.
(Ord. 2001-12-17, passed 12-17-2001)
(A) General procedure. The submission of applications for wireless communications facilities shall follow the same procedure as detailed in the county zoning regulations.
(B) Additional procedures. In addition to the information required elsewhere in the county zoning regulations, development applications and approval for wireless communications facilities shall include the following supplemental information:
(1) A report from a qualified and licensed professional engineer which:
(a) Describes the tower height and design including a cross section, latitude, longitude and elevation;
(b) Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distance between antennas;
(c) Describes the tower’s capacity, including the number and type of antennas it can accommodate;
(d) Documents what steps the applicant will take to avoid interference with established public safety telecommunications;
(e) Includes an engineer’s stamp and registration number; and
(f) Includes other information necessary to evaluate the request.
(2) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use;
(3) Before the issuance of a building permit, the following supplemental information shall be submitted:
(a) A copy of the FAA’s response to the submitted “A Notice of Proposed Construction or Alteration” (FAA Form 7460-1) shall be submitted to the Area Plan Commission;
(b) Proof of compliance with applicable FCC regulations; and
(c) A report from a qualified and licensed professional engineer which demonstrates the tower’s compliance with structural and electrical standards.
(4) At the time of the first annual declaration of operation (§ 155.129), the applicant shall provide the Planning Department with an as-built survey from a registered land surveyor verifying the coordinates, height and site plan of the wireless facility.
(C) Site plan requirements. In addition to the site plan requirements found elsewhere in the county zoning regulations, site plans for wireless communications facilities shall include the following supplemental information:
(1) Location and approximate size and height of all buildings and structures within 1,500 feet adjacent to the proposed wireless communication facility;
(2) Site plan of the entire development, indicating all improvements including landscaping and screening;
(3) Elevations showing all facades, indicating exterior materials and color of the tower(s) on the proposed site; and
(4) Plans shall be drawn at the scale of one-inch equals 50 feet.
(Ord. 2001-12-17, passed 12-17-2001)
Generally, approval of a wireless communications facility can be achieved if the following items are met:
(A) The location of the proposed tower is compatible with the County Master Plan and zoning regulations;
(B) The submitted site plan complies with the performance criteria set in these regulations;
(C) The lowest six feet of the facility/tower be visually screened by trees or large shrubs;
(D) The height and mass of the facility/tower does not exceed that which is essential for its intended use and public safety;
(E) The owner of the wireless communication facility (by notarized written letter) has agreed to permit other persons/cellular providers to attach cellular antenna or other communications apparatus;
(F) The proposed facility/tower is not constructed in such a manner as to result in needless height, mass and guy-wire supports;
(G) The color of the proposed facility/tower will be of a light tone or color (except where required otherwise by the FAA) as to minimize the visual impact and that the tower will have a security fence around the tower base or the lot where the tower is located; and
(H) The facility/tower is in compliance with any other applicable local, state or federal regulations.
(Ord. 2001-12-17, passed 12-17-2001)
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