§ 155-9.270  WIRELESS TELECOMMUNICATIONS FACILITIES.
   (A)   Siting.
      (1)   Agricultural, commercial, industrial and other nonresidential zoning districts are the most desirable locations.
      (2)   R-zoned lots that are not used for residential purposes are the second most desirable location.
      (3)   R-zoned lots that are two acres or more in area and used for residential purposes are the third most desirable location.
      (4)   R-zoned zoned lots that are less than two acres in area and used for residential purposes are the least desirable location.
   (B)   Qualifying wireless telecommunications structures.  The following regulations apply to qualifying wireless telecommunications structures.
      (1)   No minimum lot area, width or depth is required for a qualifying structure. A facility may be located on the same zoning lot as one or more other structures or uses and not be in violation of this ordinance. If the site is a residentially zoned lot that is less than two acres in area and used for residential purposes, a variance is required in accordance with § 155-16.70(M).
      (2)   No portion of a facility's supporting structure or equipment housing may be located within 15 feet of a street lot line or within ten feet of any other lot line.
      (3)   The overall height of the facility, including the structure cannot be more than 15 feet taller than the height of the structure before the installation or not more than 15 feet taller than a substantially similar, substantially same-location replacement of an existing structure.
      (4)   No bulk regulations or lot coverage, building coverage, or floor area ratio limitations apply to a facility or to any existing use or structure coincident with the establishment of a facility.
   (C)   Non-qualifying structures.  The following regulations apply to non-qualifying wireless telecommunications structures.
      (1)   No minimum lot area, width or depth is required for a non-qualifying structure. A facility may be located on the same zoning lot as one or more other structures or uses and not be in violation of this ordinance. If the site is a residentially zoned lot that is less than two acres in area and used for residential purposes, a variance is required in accordance with § 155-16.70(M).
      (2)   No portion of a facility's supporting structure or equipment housing may be located within 15 feet of a street lot line or within ten feet of any other lot line.
      (3)   If the supporting structure is an antenna tower other than a qualifying structure then (i) the facility must be located in a residential district and the lot line setback distance to the nearest R-zoned lot must be at least 50% of the height of the facility's supporting structure or (ii) the facility must be located in a nonresidential zoning district and the horizontal separation distance to the nearest principal residential building must be at least equal to the height of the facility's supporting structure. The required horizontal separation distance must be measured from the center of the base of the facility's supporting structure to the point where the ground meets a vertical wall of a principal residential building. For purpose of this provision, "principal residential building" does not include any building under the same ownership as the land of the facility lot and does not include any structure that is not designated for human habitation.
      (4)   The height of a facility may not exceed 75 feet if the facility will be located in a residential zoning district or 200 feet if the facility will be located in a nonresidential zoning district.
      (5)   No bulk regulations or lot coverage, building coverage, or floor area ratio limitations apply to a facility or to any existing use or structure coincident with the establishment of a facility.
      (6)   The improvements and equipment comprising the facility may be wholly or partly freestanding or wholly or partly attached to, enclosed in, or installed in or on a structure or structures.
   (D)   Design criteria.  The telecommunication carrier must consider the following design criteria:
      (1)   No building or tower that is part of a facility should encroach onto any recorded easement prohibiting the encroachment unless the grantees of the easement have given their approval.
      (2)   Lighting should be installed for security and safety purposes only. Except with respect to lighting required by the FCC or FAA, all lighting should be shielded so that no glare extends substantially beyond the boundaries of a facility.
      (3)   No facility should encroach onto an existing septic field.
      (4)   Any facility located in a special flood hazard area or wetland should meet the legal requirements for those lands.
      (5)   Existing trees more than three inches in diameter should be preserved if reasonably feasible during construction. If any tree more than three inches in diameter is removed during construction a tree three inches or more in diameter of the same or a similar species must be planted as a replacement if reasonably feasible. Tree diameter must be measured at a point four and one-half feet above ground level.
      (6)   If any elevation of a facility faces an existing, adjoining residential use within a residential zoning district, low maintenance landscaping should be provided on or near the facility lot to provide at least partial screening of the facility. The quantity and type of that landscaping should be in accordance with county landscaping regulations.
      (7)   Fencing should be installed around a facility.  Security fences are exempt from compliance with county fence regulations.
      (8)   Any building that is part of a facility located adjacent to an R-zoned lot should be designed with exterior materials and colors that are reasonably compatible with the residential character of the area.
      (9)   If the facility is to be manned on a regular, daily basis, one off-street parking space must be provided for each employee regularly at the facility. No loading facilities are required.
      (10)   The improvements and equipment comprising the facility may be wholly or partly freestanding or wholly or partly attached to, enclosed in, or installed in or on a structure or structures.
   (E)   Variances.  See § 155-16.70(M).
(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)