(A) Co-location requirements. All commercial wireless telecommunication towers erected, constructed or located within the jurisdiction of the county zoning regulations shall comply with the following requirements:
(1) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the Board of Zoning Appeals in conjunction with a technical consultant (see § 155.125(I)(2)) finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a two-mile search radius (one mile search radius for towers under 200 feet in height) of the proposed tower due to one or more of the following reasons:
(a) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost;
(b) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost;
(c) Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer; and
(d) Other unforeseen reasons that make it unreasonable to locate the planned telecommunications equipment upon an existing or approved tower or building.
(2) Any proposed commercial wireless telecommunication service tower shall be designed, structurally and electrically, and in all respects to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the tower is over 200 feet in height or for at least one additional user if the tower is over 100 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
(B) Tower and antenna design requirements.
(1) Proposed or modified towers and antennas shall meet the following design requirements.
(2) Towers and antennas shall be designed to blend into the surrounding environment using monopole design when possible and through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.
(C) Tower height. The maximum tower height permitted is calculated by applying the following:
(1) If the tower is designed to accommodate only one service provider, the maximum height shall be 100 feet from grade;
(2) If the tower is designed to accommodate two service providers, the maximum height shall be 200 feet from grade; and
(3) If the tower is designed to accommodate more than two service providers, the maximum height shall be 300 feet from grade.
(D) Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the zoning regulations.
(E) Tower lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless the Federal Aviation Administration or other federal or state authority for a particular tower specifically requires such lighting.
(F) Antennas mounted on structures, roofs, walls and existing towers. The placement of wireless telecommunication antennas on roofs, walls and existing towers may be approved by the County Board of Zoning Appeals, provided the antennas meet the requirements of these regulations, after submittal of:
(1) A final site and building plan as specified by § 155.127; and
(2) A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower’s suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated.
(G) Temporary wireless communications facilities. Any facility designed for temporary use (as defined in § 155.126) is subject to the following:
(1) Use of a temporary facility is allowed only if the owner has received a temporary use permit from the County Planning Department;
(2) Temporary wireless facilities are permitted for use of no longer than 30 days for use while constructing permanent facilities, and no longer than five days for use during a special event; and
(3) The maximum height of a temporary wireless facility is 50 feet from grade.
(H) Interference with public safety telecommunications.
(1) No new or existing telecommunications service shall interfere with public safety telecommunications.
(2) All applications for new service shall be accompanied by an intermodulation study, which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems.
(3) Before the introduction of new service or changes in existing service, telecommunication providers shall notify the Planning Department at least ten calendar days in advance of such changes to allow time to monitor interference levels during the testing process. (All new sites/structures are encouraged to show a good faith effort by providing local public safety telecom location at the 100-foot mark at a minimal cost.)
(I) Abandoned or unused portions of towers. Abandoned or unused towers or portions of towers shall be removed as follows:
(1) The owner of a wireless facility shall annually (in January) file a declaration with the Planning Department as to the continuing operation of every wireless carrier installed on the facility subject to these regulations. Each carrier shall be illustrated by its height on the facility; and
(2) Failure to do so shall be determined to mean the facility is no longer in use and considered abandoned, thus subject to the following.
(a) All abandoned or unused towers and associated facilities shall be removed within 180 days of the cessation of operations at the site unless the Planning Department approves a time extension via the Board of Zoning Appeals approval. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. If the applicant does not remove the facility, then it is the responsibility of the property owner.
(b) Unused portions of towers above a manufactured connection shall be removed within 180 days of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new permit.
(J) Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
(Ord. 2001-12-17, passed 12-17-2001)