Radio, television, microwave towers, high voltage power lines, transmission towers, cell towers, relay stations, and offices and studios in conjunction with these uses are subject to the following.
(A) Towers shall not interfere with normal radio and television reception in the vicinity. Commercial messages shall not be displayed on any tower. Violations shall be considered zoning violations and shall be corrected under the enforcement provisions.
(B) Lighting shall not exceed the Federal Aviation Administration (FAA) minimum if lighting is required by the FAA. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements. Prior to issuance of a building permit, the applicant shall be required to submit documentation from the FAA that the lighting is the minimum lighting required by the FAA.
(C) Towers shall be constructed and maintained in conformance with all applicable building code requirements.
(D) In order to protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide appropriate Federal Communications Commissioner (FCC) documentation indicating that the power output levels do not exceed federally approved levels.
(E) In allowed districts, towers of 75 feet or more require that a special use permit be granted by the Board of Adjustment. The Board of Adjustment may consider variances up to 10% of the setback requirements for such towers as a part of the special use permit approval.
(F) To encourage shared use of towers, no new tower shall be located within one mile of an existing tower. The Board of Adjustment may allow a tower to be placed within one mile of an existing tower upon being presented written documentation that (1) appropriate space on the tower is not available, (2) the new sponsor has made good faith efforts to negotiate an agreement with the owner of the current tower, or (3) equipment currently on the tower is not compatible with the proposed equipment. If the petitioner cannot locate on an existing tower and a new tower has to be constructed, the height of the tower cannot exceed 200 feet.
(G) All new towers shall be constructed to be able to accommodate at least two users so that future co-location will be available. In addition, reasonable accommodation for public service uses is recommended.
(H) Towers shall conform to the following dimensional requirements:
(1) With the exception of concealed towers, such structures may not be located on top of structures in any residential district. Towers which are located on top of structures in nonresidential districts which are not tower accessory structures shall not be more than 75 feet above the top of the structure. The structure shall meet the normal setbacks of the zone.
(2) Those located on the ground or top of a tower accessory structure are required to incorporate a fall zone buffer which is a land buffer around a tower base to provide for containment of the tower to the site in the event that it falls.
(I) To encourage shared use of towers, applications for towers which will operate with more than one user, immediately upon completion may reduce setbacks from adjacent non-residential property. The setback from adjacent nonresidential property may be reduced by 25% when two users occupy the tower immediately upon its completion, or reduced by 50% when three or more users commit to occupy the tower immediately upon its completion. However, the required setback distance may not be reduced to less than 50 feet. The reductions do not apply if the tower adjoins a residential zone on any side and a fall zone buffer as identified in this chapter shall be required.
(J) No setbacks shall be required if the tower is to be located on an existing structure, and a fall zone buffer as identified in this chapter shall be required.
(K) Towers (with the exception of concealed towers) where allowed in residential districts shall conform to the following additional setback requirements:
(1) To prevent a clear view of the base of the tower, the setback shall contain an established forested area with a depth of at least 100 feet.
(2) When the 100 foot forested area requirement note above cannot be met, a natural buffer shall be provided as required in this chapter.
(3) The Board of Adjustment, when deciding the special use permit, may reduce the setback adjacent to nonresidential property upon consideration of circumstances which reduce the offsite effects of the tower such as topography, berms, the proximity of other existing or potential uses, and existing vegetation and improvements made to the site to obscure or reduce the visibility of the tower (a fall zone buffer as identified in this chapter shall be required).
(4) The Board of Adjustment shall not reduce the required setback from adjacent property which has residential use.
(L) No outdoor storage yards shall be allowed on tower sites, storage buildings that are secondary and/or incidental to the primary use of the site are allowed within the provisions of the designated zoning category.
(M) The base of the tower, any guy wires, and any associated structures, walls or fences shall be surrounded by a landscaped buffer. The developer may have the option of: (1) providing a buffer around the tower base and associated items individually or (2) providing a buffer around the perimeter of the entire site. A ten-foot vegetative buffer shall be provided between the tower and the property boundaries in all zones other than residential. In all residential zones, the vegetative buffer shall be a minimum of 25 feet in width.
(N) The following information must be supplied with the site plan or building permit application for towers that exceed 75 feet in height prior to any approval:
(1) Identification of the intended user(s) of the tower.
(2) Documentation provided by registered engineer that the tower has sufficient structural integrity to accommodate more than one user.
(3) Documentation by the applicant that no suitable existing facilities within the coverage area are available to the applicant.
(4) A statement indicating the owner’s intent to allow shared use of the tower and how many other users can be accommodated.
(O) To further encourage co-location, additional users and associated equipment that do not add to the tower’s height may be added without additional approval. However, additional building code regulations may apply. Site plans must show the locations for at least two equipment buildings, even if the tower is proposed for a single user.
(P) Towers that are not used for a period of six months or more shall be removed by the owner within 180 days after receiving notice from the county to remove the tower. To assure the removal of towers that do not meet requirements for use or maintenance, this subchapter serves as notice that the County may remove said tower and may file a lien collectable as taxes against the property.
(Q) Additional requirements for special use permits for telecommunication towers and equipment:
(1) When considering a special use permit request, the Board of Adjustment shall be required to make a determination of the electromagnetic field (EMF) effects of the tower on the health of the public.
(2) All property owners within a 1,500-foot radius and/or adjoining the property where the tower is proposed shall be notified, in writing, of the public hearings at which the application will be considered.
(R) Special use permits for all towers shall expire unless documentation, including but not limited to an FCC license, is submitted each January to the Board of Adjustment indicating that the tower is being utilized.
(S) The tower shall meet all other applicable supplementary requirements.
(Ord. passed 5-7-2018; Ord. passed 6-7-2021)