(A)   Purpose. The purpose of this section is to establish a process, rules and standards for the construction of wireless telecommunication facilities to:
      (1)   To protect and promote the public health, safety and welfare;
      (2)   To provide guidelines for the siting and design of wireless communication facilities;
      (3)   To protect the town’s environmental resources and to minimize adverse impacts on visual resources;
      (4)   To ensure that wireless telecommunication facilities are compatible with adjacent land uses;
      (5)   To minimize the number of towers by encouraging the joint use (co-location) of facilities and by maximizing the use of existing towers and structures;
      (6)   To allow competition in telecommunications service; and
      (7)   To enhance the ability to provide wireless telecommunication services to town residents, businesses and visitors.
   (B)   Definitions.
      ANTENNA. Any exterior device for transmitting and receiving wireless communication that is mounted on a tower, building or structure and that is used to send and receive signals for cellular telephone, personal communication service (PCS), mobile radio, paging, wireless Internet access and similar communication services. ANTENNAS may include panels, microwave dishes, satellite dishes, whip antennas or other devices that may be affixed to a tower, pole or other structure.
      ANTENNA, ATTACHED. An antenna mounted on the exterior of an existing building, silo, smokestack, water tower, utility or power pole, existing wireless communication tower, or an alternative support structure.
      ANTENNA, CONCEALED (STEALTH). An antenna with a support structure that screens or camouflages the presence of antennas and/or towers from public view in a manner appropriate to the site’s context and surrounding environment. Examples include human-made trees, flagpoles that do not exceed ten feet above the maximum allowable building height for the zone, utility poles, light poles, water tanks, steeples and architectural and facade features.
      CO-LOCATION. Use by two or more wireless communication providers on the same tower or other alternative structure.
      HEIGHT. The vertical distance from the preexisting grade at the base of the tower to the highest point of the tower including antennas.
      TOWER. A self-supporting structure such as a lattice tower or monopole, a guyed tower, or a structure affixed to or mounted on an existing or newly constructed building or other permanent structure, together with associated equipment, designed to support one or more antenna.
      WIRELESS TELECOMMUNICATION FACILITIES. Any combination of one or more antennas, towers and/or structures with equipment used for the transmission of wireless communication.
   (C)   Where allowed. Wireless telecommunication facilities require the granting of a conditional use permit by the Planning and Zoning Commission except as specified in division (H) below. Facilities are preferred in the industrial (M-1-10,000, M-2-6,000 and MP) and commercial (CG-10,000, CH-10,000 and CN-2/A) zones, but are also permitted with a conditional use permit in the AR, RR, G, PRD, PC, PS, OS, RC, P and MR zones. Facilities are not permitted in the Residential (RS-6,000, RS-10,000 and the like, RM-10/A, RM-20/A, MHP and RMH) Zones.
   (D)   Preferred facilities.
      (1)   Site location and development of wireless telecommunication facilities shall preserve the existing character of the surrounding land uses and buildings and the aesthetic visual character of the area. If technically feasible, new facilities shall use the most preferred facility type. The order of preference for new facilities is as follows (from most preferred to least preferred):
         (a)   Co-location on an existing tower;
         (b)   Antennas attached to existing structures such as buildings, light poles, utility poles;
         (c)   Concealed or camouflaged facilities;
         (d)   New sites on previously disturbed areas;
         (e)   New towers/facilities under 100 feet in Commercial or Industrial Zones;
         (f)   New towers/facilities 100 feet to 175 feet in Commercial or Industrial Zones;
         (g)   New towers/facilities under 100 feet in G, AR or RR Zones;
         (h)   New towers/facilities 100 feet to 199 feet in G Zones;
         (i)   New towers/facilities 100 feet to 150 feet in AR or RR Zones; and
         (j)   New tower in other zones as described in division (C) above.
      (2)   New facilities shall use the most preferred facility type and location where technically feasible, even if it results in an increase in the number of facilities or a higher cost. A lesser-preferred facility type may be permitted only if the applicant presents substantial evidence to show that it will have a lesser visual impact or is more technically necessary than the use of more preferred facilities.
   (E)   Disfavored facilities.
      (1)   Any site that is within a state or federal designated scenic corridor such as Highway  64;
      (2)   Any site within a visual corridor or scenic vista, for example along a ridgeline exposed to view from highway travelers or to residential areas, along a public trail, in a park or recreation area, unless the facility blends with the surrounding natural and human-made environment;
      (3)   Sites adjacent to or very close to residential areas; and
      (4)   Sites adjacent to or very close to sacred sites.
   (F)   Performance standards and design requirements.
      (1)   Height. New facilities shall not exceed 199 feet in height.
      (2)   Setbacks. The setback for towers is 105% of the tower height from all property lines so that in case of collapse or failure the tower would be contained on the property. Setbacks may be allowed to extend onto adjacent properties if there are dedicated fall zone easements. The setbacks may be reduced if a registered engineer can certify that in case of failure the tower would be contained on site. In Commercial and Industrial Zones, the setbacks may be reduced to 30% of the tower height if a registered engineer can prove that, in case of failure, the tower would be contained on site. Guys and accessory buildings must meet the setbacks of the underlying zoning classification. Facilities that are located on new or replaced utility poles, street lights or traffic signal poles are exempt from the setback requirements.
      (3)   Color and materials. Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. Muted colors, earthtones and subdued hues, such as gray, shall be used. All associated structures such as equipment buildings, including the roofs, shall be painted with earthtone colors.
      (4)   Fencing. New towers, other than flagpoles, utility poles or other camouflaged facilities, shall be fenced to prevent trespass.
      (5)   Lighting. Lighting on any new tower is prohibited unless required by the Federal Aviation Administration or by other applicable state or federal requirements. Motion detector security lighting may be approved if the lights are fully shielded. Any outdoor lighting requires a separate lighting permit.
      (6)   Landscaping. Perimeter landscaping may be required as a condition of approval of the facility, depending on the location. Existing vegetation shall be preserved to the maximum extent possible.
      (7)   Signs. No advertising is permitted anywhere upon or attached to the facility. Signage islimited to small non-illuminated warning and identification signs.
      (8)   Permits. A building permit is required for the construction of any new tower and for accessory structures.
      (9)   Storage. Long-term vehicle storage and other outdoor storage are prohibited.
      (10)   Term of use permit. The conditional use permit shall have a time limit of no more than five years. Prior to the end of the five-year period, the applicant and/or structure owner shall be responsible for submitting a new application for renewal. The applicant shall demonstrate that changes in technology have not eliminated the need for the facility as approved. Renewal of a conditional use permit shall be based on compliance with the conditions of approval.
   (G)   Application process. Prior to the submittal of a conditional use permit application, the applicant shall schedule a pre-application conference with town staff. Staff will review the ordinance requirements and submittal requirements to ensure a complete application. In addition, for facilities located within one-half mile of a residential area, the applicant shall hold a neighborhood meeting prior to the submittal of an application. Staff will attend the meeting and utilize the comments of neighbors in the analysis presented to the Planning and Zoning Commission. The requirement for a neighborhood meeting may be waived by the Town Manager. The application shall include all of the requirements for any conditional use permit, including 15 copies of a detailed site plan and elevations, landscape and fencing plans and the like, plus the following.
      (1)   Site plan. The site plan shall show existing improvements on the property, adjacent roads and access roads, parking, fencing, lighting, existing trees that will be retained and those that will be removed, setbacks from all property lines and all proposed improvements including those on the ground.
      (2)   Elevation drawings. The drawings shall show the tower and proposed attached antenna(s), as well as proposed structures on the ground. Materials and colors shall be indicated and color samples shall be provided.
      (3)   Photo images. Photo simulations of the proposed facility from each direction shall be provided showing the tower, all antennas, structures and equipment facilities, demonstrating the true impact of the facility on the surrounding visual environment. Town staff will assist in specifying recommended vantage points and the requested number of photo simulations at the pre-application conference.
      (4)   Communication plan. Each applicant shall provide a plan of its facilities to the town prior to or in conjunction with any application for the installation of a wireless telecommunication facility. The plan shall cover the entire town extending five miles beyond the  town limits. The plan shall include the following. These shall be in general terms and are not meant to require submittal of confidential or proprietary information:
         (a)   All of the applicant’s existing wireless facilities by size, type and coverage area;
         (b)   All presently anticipated future service areas, anticipated dates of development, and types and heights of facilities desired for each of the service areas;
         (c)   The various types of wireless telecommunication facilities used by the applicant to furnish service and when they are used. This includes drawings providing the sizes and shapes of the antennas and other equipment as well as written materials describing their application;
         (d)   The applicant’s policy direction for the mitigation and/or reduction of existing and proposed towers to avoid the proliferation of such facilities;
         (e)   The applicant’s policy direction on the mitigation and/or reduction of the negative visual impacts created by new towers, including any proposals to conceal or disguise such facilities designed to be architecturally and/or environmentally compatible with their surroundings;
         (f)   The applicant’s policy direction on co-location of antennas on their own facilities, on facilities from other applicants or tower companies, or on other structures that provide the verticality required for the antennas; and
         (g)   Designation of an agent (contact person) of the applicant who is authorized to receive communications and notices pursuant to this section.
      (5)   Written narrative. A written narrative shall be submitted with the application explaining why the proposed site has been chosen, why the proposed telecommunication facility is necessary, why the requested height was chosen, ability of the facility to accommodate other providers, and any other information requested at the pre-application conference.
      (6)   Existing structures. Evidence shall be submitted demonstrating that no existing verticality can be utilized within the targeted search area, defined generally as a one mile radius, to meet the applicant’s requirements.
      (7)   Property owner list. A typewritten list of the names and addresses of all property owners, keyed to assessor’s parcel numbers, within 500 feet of the outside boundaries of the subject property for towers up to 99 feet, and within 1,000 feet for towers from 100 to 199 feet.
      (8)   Evidence of notification. For facilities within one quarter mile of residential areas, defined as neighborhoods or subdivisions, evidence of notification of property owners within one quarter mile, map indicating tower site and residential area, and evidence of neighborhood meeting including sign-in sheet and a description of how the design addresses the residents’ concerns.
   (H)   Exemptions. This code does not apply to HAM radio towers, which are regulated elsewhere in the zoning code, or to satellite dishes for television reception at individual single-family residences. In addition, a conditional use permit is not required to co-locate additional antennas on already approved towers unless it results in a substantial change in the approval, such as an increase in tower height. A conditional use permit is not required for attached antennas where the height of the structure the antenna is being attached to is not increased. Examples would be antennas on existing utility or light poles, water towers or on the fascia of existing buildings. A conditional use permit is also not required for a stealth design that meets the height restriction of the zone in which the tower is proposed to be located. Co-locations are subject to the same conditions of approval as the original conditional use permit.
   (I)   Abandonment. The provisions of § 19, Non-Conforming Situations, shall apply to wireless telecommunications facilities. Pursuant to § 19.11, a tower shall be considered abandoned and the use discontinued if it is not utilized (i.e., there are no providers/antennas on the tower) for a continuous period of 180 days.
   (J)   Obsolescence and removal. In addition to all other remedies available to the Town of Tusayan, if a facility is abandoned pursuant to division (I) above and § 19 of the zoning code, or if a facility becomes obsolete due to changing technology, it shall be the responsibility of the tower owner and/or property owner to remove the tower and to restore the site to its original condition within 60 days. If the tower is not removed within this 60-day period, the town may notify the tower owner that it will contract for removal at the cost of the owner.
(Ord. 2012-04, passed 12-5-2012)