§ 156.642 WIRELESS COMMUNICATION FACILITY APPLICATION PROCEDURE AND APPROVAL PROCESS.
   (A)   General procedure. The submission of applications for wireless communications facilities shall follow the same procedure as detailed in this chapter for special exceptions.
   (B)   Additional procedures. In addition to the information required elsewhere in this chapter for special exceptions, development applications 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 and elevation, (including the total height with antennas and the like);
         (b)   Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
         (c)   Describes the tower’s capacity, including the number and type of antennas that 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 cellular/wireless/personal communication facilities and/or towers, a letter of intent committing the tower owner and his, her or its 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 an improvement location permit, the following supplemental information shall be submitted:
         (a)   A copy of the FAA’s response to the submitted “Notice of Proposed Construction or Alteration” (FAA Form 7460-1) shall be submitted to Executive Director;
         (b)   Proof of compliance with applicable Federal Communications Commission regulations;
         (c)   A report from a qualified and licensed professional engineer which demonstrates the tower’s compliance with any applicable local, state or federal structural and electrical standards; and
         (d)   A copy of any purchase agreement and/or lease for the land upon which the subject tower is to be located which document shall contain language in accordance with § 156.643(I) of this chapter.
      (4)   In the course of its consideration of an application, the Executive Director, the Area Plan Commission or the Board of Zoning Appeals may deem it necessary, in complex situations, to employ an engineer(s) or other consultant qualified in the design and installation of wireless communication facilities to assist the County Board of Zoning Appeals in the technical aspects of the application. In such cases, any additional reasonable costs incurred by the County Area Plan Commission or Board of Zoning of Appeals not to exceed $1,500 for the technical review and recommendation shall be reimbursed by the applicant prior to the final hearing on the proposed cellular/wireless/personal communication facility or tower.
   (C)   Site plan requirements. In addition to the site plan requirements found elsewhere in this chapter, 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 500 feet adjacent to the proposed wireless communication facility;
      (2)   Site plan of 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.
   (D)   General approval standards.
      (1)   The location of proposed tower is compatible with county’s Master Plan/Comprehensive Plan and this chapter.
      (2)   All efforts to locate on an existing tower have been made and have not been successful or legally/physically possible.
      (3)   The submitted site plan complies with the performance standards set in these regulations.
      (4)   The proposed facility/tower will not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district.
      (5)   The plan calls for chain link security fence around the perimeter of the facility or tower and around any guyed wire anchors a minimum of six feet up to a maximum of ten feet high. Also, the facility/tower shall be visually screened by trees, large shrubs, solid walls, solid fences and/or nearby buildings if said facility or tower are within 400 feet of a residential district or the closest edge of a residential dwelling in any district.
      (6)   The height and mass of the facility/tower does not exceed that which is essential for its intended use and public safety.
      (7)   The owner of the cellular/wireless/personal communication facility or tower has agreed by written commitment as a condition for approval to permit other persons, common carriers or cellular providers to attach cellular antenna or other communications apparatus which do not interfere with the primary purpose of the facility.
      (8)   There exists no other existing facility/tower that can reasonably serve the needs of the owner of the proposed new facility/tower.
      (9)   The proposed facility/tower is not constructed in such a manner as to result in needless height, mass and guy-wire supports.
      (10)   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.
      (11)   The facility/tower is in compliance with any other applicable local, state or federal regulations.
      (12)   The applicant for the proposed facility/tower shall have a written commitment with at least one common carrier (for towers up to 250 feet) or at least two common carriers (for towers up to 400 feet) attached to it and submitted at the time of the initial application.
      (13)   The applicant for the facility/tower should provide an estimate for annual repair and maintenance and provide a bond sufficient to cover the cost of repair or removal of the proposed facility/tower.
   (E)   Additional considerations. The Board of Zoning Appeals, in reviewing the special exception application, shall give consideration to the particular needs and circumstances of each application and shall examine the following items as they relate to the proposed special exception:
      (1)   Topography;
      (2)   Zoning on site;
      (3)   Surrounding zoning and land use;
      (4)   Access to public streets;
      (5)   Building height, bulk and setback;
      (6)   Front, side and rear yards;
      (7)   Site coverage by building(s), parking area(s) and other structures, trash and material storage;
      (8)   Special and general easements for public or private use;
      (9)   Landscaping and trees masses, screening and buffering, fencing and exterior lighting;
      (10)   On-site and off-site, surface and subsurface storm and water drainage; and
      (11)   Protective restrictions and/or covenants.
(Ord. passed - -2006, § 80.49(C))