(A) Purpose; goals.
(1) The purpose of this subchapter is to establish guidelines for the siting of towers and antennas.
(2) The goals of this subchapter are to: (i) encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community; (ii) encourage strongly the joint use of new and existing tower sites; (iii) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (iv) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and (v) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
(B) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulation, including but not limited to set-back requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this subchapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
(C) Inventory of existing sites. Each applicant, for an administrative approval or a special use permit, shall provide to the Zoning Administrator an inventory of its existing towers that are either within the jurisdiction of the governing authority or within one-quarter mile of the border thereof, including specific information about the location, height, and design of each tower. Applicants are encouraged to submit an inventory of potential future tower sites within the jurisdiction of the town. The Zoning Administrator may share such information with other applicants applying for administrative approvals or special use permits under this subchapter or other organizations seeking to locate antennas within Rockingham County, provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(D) Aesthetics; lighting. The guidelines set forth in this division shall govern the location of all towers and the installation of all antennas governed by this subchapter; provided, however, that the governing authority may waive these requirements if it determines that the goals of this subchapter are better served thereby.
(1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.
(2) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.
(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(4) Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
(E) Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this subchapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Changes to the height or lighting requirements would require additional review by the Town Council. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(F) Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the governing authority shall not issue a certificate of occupancy and power will not be permitted until such non-compliances are corrected.
(G) Coverage-need. Need of coverage shall be demonstrated by the wireless provider.
(Ord. passed 2-15-2006; Res. R-2021-03, passed 6-24-2021)