(A) The town’s zoning regulations, and any and all amendments, are hereby adopted by reference and incorporated herein as if set out in full.
(B) (1) A communication tower, public or private, must be constructed with a fall radius measured by the height of the tower, plus the height of any accessory structures attached to the tower, so that the fall radius does not overlap with any adjacent properties or rights-of-way.
(2) The fall radius must be within the ownership lines of the tract upon which it is located, excepting rights-of-way.
(3) A communication tower and its attachments may extend beyond the property lines only with the written consent from a property owner upon whom the fall radius of the tower and attachments would impinge.
(4) Any waiver must be in writing, in recordable form.
(5) No communication tower shall be erected within the town limits in violation of the fall radius requirements.
(6) All communication towers shall be either monopole or self-support lattice towers. No guyed wires shall be permitted.
(7) A permit must be applied for and received from the Clerk/Treasurer’s office for the construction of any communication tower, to verify that it meets the standards of this division (B), and all such permits are conditioned upon state and federal approvals and standards.
(8) Violation of this section may be enforced by injunctive relief on the part of the town. The construction or erection of a communication tower contrary to this section shall constitute a public nuisance and infringement upon the health safety and welfare of the citizens of the town. Any enforcement of this section by the town shall be with attorney fees and all related costs.
(Ord. 2021-1, passed 7-12-2021)