(a) Intent. Regulations regarding development of telecommunications towers, antenna support structures and wireless communications facilities are intended to encourage the development of a competitive wireless communications marketplace while protecting the health, safety and welfare of the public and maintaining the aesthetic integrity of the community. The regulations cover the placement, construction and modification of telecommunications towers, antenna support structures and wireless communications facilities. The specific intent of this section is:
(1) To regulate the location of telecommunications towers, antenna support structures and wireless communications facilities;
(2) To protect residential areas and land uses from potential adverse impact of telecommunications towers, antenna support structures and wireless communications facilities;
(3) To minimize adverse visual impact of telecommunications towers, antenna support structures and wireless communications facilities through careful design, siting, landscaping and innovative camouflaging techniques;
(4) To promote and encourage shared use/co-location of telecommunications towers, antenna support structures and wireless communications facilities;
(5) To avoid potential damage to property caused by telecommunications towers, antenna support structure and wireless communications facilities by ensuring that the structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or when determined to be structurally unsound;
(6) To ensure that telecommunications towers, antenna support structures and wireless communications facilities are compatible with surrounding land uses;
(7) To facilitate the provision of wireless communications services to residents and businesses in an orderly fashion; and
(8) To promote the location of telecommunications towers in nonresidential areas.
(b) Application required. The following item must be satisfactorily addressed in a formal application to obtain a building permit at any given location in any zoning district: compliance with all applicable building codes, Federal Aviation Administration Regulations and § 159.296.
(c) Location/setbacks.
(1) Where a telecommunications tower is located within 300 feet of any residential zoning district, existing residential use except a farmstead, or future residential area designated on the adopted land use plan, the minimum distance from the telecommunications tower base to the nearest existing residential structure or building setback line is not less than the proposed height of the tower.
(2) Where a telecommunications tower is required to meet Federal Aviation Administration paint and/or lighting regulations, the distance between the telecommunications tower and any residential zoning district or use, or any recreation/conservation district, shall not be less than one-half mile.
(d) Design character.
(1) Telecommunications towers and antenna support structure design shall use materials, colors, textures, screening and landscaping that create compatibility with the natural setting and surrounding structures.
(2) Telecommunications towers shall be protected from corrosion or rusting, and if painted, be a neutral color, unless otherwise required by the Federal Aviation Administration.
(e) Stealth. Telecommunications towers in any nonresidential district where located within 300 feet of a residential zoning district or existing residential use except a farmstead shall be monopole design.
(f) Interference with public safety radio services. In order to ensure that public safety radio services will be free from harmful or destructive interference, any applicant requesting a permit to site a telecommunications tower, antenna support structure or wireless communications facility shall provide documented Federal Communications Commission approval prior to permit issuance.
(g) Illumination. Telecommunications towers shall not be artificially lighted except as required by the Federal Aviation Administration.
(h) Maintenance.
(1) All telecommunications towers, antenna support structures and wireless communications facilities shall be maintained in good condition, order and repair so that they shall not endanger the life or property of any person.
(2) Telecommunications towers, antenna support structures and wireless communications facilities shall be maintained in compliance with Electronic Industries Association/Telecommunications Industries Association Standard EIA/TIA 222 (latest revision), all applicable laws, and so as not to interfere with the use of other property. Upon the county planning director’s determination that a tower structure is a hazard to public safety, the owner shall be required to perform an inspection by a registered professional engineer and make all recommended corrections.
(3) All maintenance or construction on telecommunications towers, antenna support structures and wireless communications facilities shall be performed by persons employed by, or under contract to the owner.
(4) If an owner discontinues use of a telecommunications tower, or if an owner files notice with the Federal Communications Commission of its intent to cease operating the tower, the owner shall give written notice to the county planning director of the date of the discontinuance.
(i) Abandonment.
(1) If the county receives notice of discontinuance, or if any telecommunications tower is not used for 365 consecutive days, the owner may be notified that a determination of abandonment has been made. If, within 30 days of receipt of notice, the owner fails to show that the tower has been in use or under repair during the period, the county planning director may determine that the site has been abandoned.
(2) Within 75 days of notice of the determination of abandonment, the owner shall remove the tower from the site. If an owner fails to do so, the county may remove the tower and recover the cost from the owner.
(j) When conditional use permit required for approval of telecommunication towers and antenna support structures. Where a conditional use permit is required for approval of telecommunication towers and antenna support structures, the following will be considered.
(1) Design character.
A. Telecommunications towers, antenna support structures and equipment buildings shall be compatible with the architectural style of the surrounding built environment, considering exterior materials, roof form, scale, mass, color, texture and character. Equipment buildings may be located underground where feasible. To prevent undue concentration of telecommunications towers, consideration should be given to co-location as a first alternative.
B. Wireless communications facilities on new telecommunications tower structures, antenna support structures or co-located on existing telecommunications towers shall minimize visual impact.
(2) Screening.
A. A telecommunications tower site and tower base adjacent to residential property, except when located in a farmstead, shall be provided with a fence, wall, berm or shrubbery of sufficient height and of a character necessary to provide adequate visual screening. Where the adjacent property is across public right-of-way from a telecommunications tower site, screening shall be provided in all cases except when the right-of-way is an arterial street.
B. Existing vegetation and grades on the site shall be preserved as much as possible. Natural growth around the property perimeter on large, wooded lots may be considered a sufficient buffer to telecommunications towers. In locations where the visual impact of the telecommunications tower would be minimal, the screening requirement may be reduced or waived.
(3) Fencing. Adjacent to a residentially used or zoned property, natural materials shall be used for fence screening. If chain-link fencing is needed for safety and security, additional landscape screening shall be required outside the chain-link fence to screen public view of the telecommunications tower site.
(1992 Code, App. C, § 15.15) (Ord. 20-02, passed 3-18-2002; Ord. 76-09, passed 8-17-2009)