Class I, Class II and Class III telecommunications facilities shall comply with the following design and engineering criteria:
(a) Excluding Class II facilities, no facility shall be located closer than 200 feet from the nearest residential zoning structure. This distancing requirement may be waived by the Zoning Board of Appeals if a professional engineer licensed by the State of West Virginia certifies that the facility would not fall onto a residential property.
(b) If applicable, a copy of the applicant's Federal Communications Commission (FCC) license, or, if the applicant is not an FCC license holder, a copy of at least one letter of commitment from an FCC license holder to locate at least one antenna on the applicant's tower shall be submitted with the permit application.
(c) Unless co-locating, certification, supported by evidence, that co-locations of the proposed telecommunications facility with an existing approved tower or facility cannot be accommodated. Reasons for not co-locating on a site would include, but not be limited to, the following:
(1) No existing towers or facilities are located within a 2,000-foot radius;
(2) Existing towers or facilities are not of sufficient height to meet the applicant's engineering requirements;
(3) Existing towers or facilities do not have sufficient structural strength to support applicant's proposed antenna and related equipment;
(4) Applicant's planned equipment would cause radio frequency interference with other existing or planned equipment of the tower or facility would cause interference with the applicant's planned equipment which cannot be reasonably prevented;
(5) Unwillingness of the owner of the existing tower or facility to entertain a colocation proposal;
(6) Existing towers or facilities do not provide an acceptable location for requisite coverage for the applicant's communications network.
(7) Class I satellite dish antenna in excess of 24 inches in diameter shall meet the setback requirement for accessory structures in the district.
(d) A pictorial representation, such as a silhouette drawing, photograph, etc, of the proposed telecommunications facility.
(e) The facility shall be unattended on a daily basis and shall be visited only for periodic and necessary maintenance and repair, during construction and emergencies.
(f) Lighting and signage are prohibited, unless required by the Federal Aviation Administration (FAA) or the FCC. No artificial lighting shall be permitted on any communication tower, antenna, equipment or structure.
(g) Any owner of property used as the location for a facility shall maintain such site and all structures in good condition and free from trash, outdoor storage, weeds and other debris.
(h) All providers owning a telecommunications tower shall present a report to the Code Official when the use of the tower located will be discontinued and the date its use will cease. The may also declare the tower "discontinued" if the tower has not been properly maintained, has become obsolete, has been unused or has ceased its daily activities or operations. The tower's owner will receive written notice from the Code Official of such discontinuance and have 180 days to have the tower dismantled, reactivated or the maintenance improved to the Code Official's satisfaction. If this does not occur, the City may remove the tower and assess all costs to the owner of the tower.
(i) If sheltering facilities are necessary, they shall be constructed as cabinets and not sheds.
(j) The maximum height for a wireless telecommunication tower shall be 200 feet including the antennae.
(k) The Code Official and Building Inspector may do an annual review of the upkeep and maintenance of the tower according to the above standards. A ten-day warning shall be provided to applicants that are not in compliance and in violation of the same that they shall be fined $500.00 per occurrence.
(1) It is the intention of this Ordinance that telecommunication towers shall be installed in such a fashion to be the least intrusive to the community at large and to residential communities.
(Ord. 2018-11. Passed 8-6-18.)