(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ANTENNA, PERSONAL WIRELESS SERVICE. A device consisting of a metal, carbon fiber or other electromagnetically conducive rods or elements on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the wiring, related ground equipment and the support structure thereof.
(2) ANTENNA, MICROWAVE. A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless communications, and including the wiring, related ground equipment and the supporting structure thereof.
(3) ANTENNA, RADIO AND TELEVISION BROADCAST TRANSMITTING. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio, or television programming, and including the wiring, related ground equipment and the support structure thereof. (Allowed by interim use in the I-1 District only.)
(4) ANTENNA, RADIO AND TELEVISION RECEIVING. A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television or electromagnetic waves, and including the supporting structure thereof.
(5) ANTENNA, SATELLITE DISH. A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and the wiring, related ground equipment and support structure thereof.
(6) ANTENNA, SHORT-WAVE RADIO TRANSMITTING AND RECEIVING. A wire, set of wires or a device, consisting of a metal, carbon fiber or other electromagnetically conductive element used for the transmission and reception of radio waves used for non-commercial short-wave radio communications, and including the supporting structure thereof.
(7) ANTENNA SUPPORT STRUCTURE. Any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of electromagnetic energy.
(B) General standards. The following standards shall apply to all antennas.
(1) All obsolete and unused antenna shall be removed within 12 months of cessation of use, unless a written exemption is granted by the Zoning Administrator.
(2) All antenna shall be in compliance with all federal, state and local building, electrical and other relevant code requirements.
(3) Structural design, mounting and installation of any antenna support structure shall be in compliance with manufacturer’s specifications. The construction plans and design of any antenna requiring a permit shall be verified and approved by a registered professional engineer.
(4) No advertising message, nor identification, shall be affixed to any antenna structure.
(5) Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public health and safety. Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of five feet from all lot lines. Guy wires within ten feet of the ground surface must be fenced within an enclosure or maintained with a cover of highly reflective material to prevent accidental collision.
(6) When applicable, proposals to erect new antenna shall be accompanied by any required federal, state or local agency licenses or proof of application thereof.
(7) Antenna support structures under 200 feet in height shall be painted or coated silver or have a galvanized finish to reduce visual impact, unless otherwise required by federal law. Silver or galvanized finishes shall be required unless the setting or natural surroundings can be used to justify another color.
(8) No land may be subdivided for the purpose of providing space for any antenna unless all lot size requirements for the relevant zoning district are met and subdivision approval is obtained.
(9) No antenna to be used for any commercial purpose shall be placed on any land enrolled in the exclusive agricultural use zone Farmland Preservation Property Tax Credit Program pursuant to § 155.105 of this chapter.
(10) The addition of antennas and associated equipment of an additional provider to an existing legal structure shall be considered co-location and not require an amendment to the interim use permit.
(C) Permitted and accessory uses.
(1) Radio and television receiving antennas and satellite dish antennas shall be permitted in all districts and shall not require any permit provided the following standards are met.
(a) Antennas and necessary support structures, monopoles or towers may extend a maximum of 15 feet above the building height restriction for the affected zoning district.
(b) Any antenna or antenna support structure not located on a building must be located in the rear yard, no closer to any property line than the height of the structure.
(c) The installation of more than one support structure per property shall require the approval of an interim use permit.
(d) Satellite dish antennas larger than two meters in diameter must meet all building setback standards, and dishes over three meters in diameter are prohibited in all Residential and Shoreland Districts.
(2) Private short wave radio antennas, and other private radio transmitting or receiving antennas are allowed in all districts; provided that, the following standards are met.
(a) The maximum support structure height shall be 75 feet and all other standards of division (B) above must be met.
(b) A use and building permit shall be required in accord with § 155.030 of this chapter.
(c) Radio support structures (towers) must be installed in accordance with the instructions furnished by the manufacturer of that tower model. Antenna mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturers specifications.
(d) Any antenna or antenna support structure not located on a building must be located in the rear yard, no closer to any property line than the height of the structure.
(D) Personal wireless service and microwave antennas.
(1) Residential and Shoreland Districts.
(a) Antenna and support structures shall not exceed 75 feet in height in the R-1, R-2, R-2a and all Shoreland and Wild and Scenic Districts.
(b) Commercial antennas (other than co-location) and support structures of any type in the R-1, R-2, R-2a and all Shoreland and Wild and Scenic Districts shall require an interim use permit and be subject to all other requirements for an interim use listed in division (E) below.
(c) Any antenna or antenna support structure not located on a building must be located in the rear yard, no closer to any property line than the height of the structure.
(2) Agricultural Districts (AG, General Agriculture and A/R, Agricultural/Residential).
(a) The Zoning Administrator may issue an administrative use permit for any antenna support structure equal to or less than 130 feet in height, or for any antenna to be located on any pre-existing legal antenna support structure, or for any antenna to be located upon an existing building or structure which does not exceed 15 feet in height above the permitted structure height. An application filed for any new structure must include all the information required for an interim use permit as specified in division (E) below. If the Zoning Administrator finds that the information submitted does not properly address all of the requirements of this chapter, he or she may require an interim use permit upon providing the applicant a written summary of the reasons for this finding.
(b) An interim use permit shall be required for any antenna or support structure over 130 feet in height. No structure shall be located closer to any property line than the height of the structure.
(3) Commercial Districts (B-1, B-2 and I-1).
(a) The Zoning Administrator may issue an administrative use permit for any antenna support structure equal to or less than 130 feet in height, or for any antenna to be located on any pre-existing legal antenna support structure, or for any antenna to be located upon an existing building or structure which does not exceed 15 feet in height above the permitted structure height. An application filed for any new structure must include all the information required for an interim use permit as specified in division (E) below. If the Zoning Administrator finds that the information submitted does not properly address all of the requirements of this chapter, he or she may require an interim use permit upon providing the applicant a written summary of the reasons for this finding.
(b) An interim use permit shall be required for any antenna or support structure over 130 feet in height. No structure shall be located closer to any property line than one-half the height of the structure, exceptions to such setback may be granted if a structural engineer licensed in the state specifies in writing that any failure or collapse of the structure will occur within a lesser distance under all foreseeable circumstances.
(E) Standards and requirements for interim use permits.
(1) Information required with application. In addition to the standard application materials required by § 155.031 of this chapter for an interim use permit, no application for an antenna shall be complete unless the following data has been submitted.
(a) Documentation of the area to be served, including a search ring for the antenna location. A narrative describing a search ring (with not less than a one-half mile radius) for the request clearly explaining why the site was selected and what existing (over 100 feet in height) structures were available and why they are not suitable as locations or co-locations.
(b) Documentation that the communications equipment planned for the proposed structure cannot be accommodated on any existing or approved structure within the search ring of the service area due to one or more of the following reasons:
1. The planned equipment would exceed the structural capacity of the existing or approved structure or building, as documented by a qualified structural engineer, and the existing or approved structure cannot be reinforced or modified to accommodate planned equipment at a reasonable cost (or within a reasonable time);
2. The planned equipment would cause interference with other existing or planned equipment at location as documented by a qualified radio frequency (RF) engineer, and the interference cannot be prevented at a reasonable cost;
3. No existing or approved structures or buildings within a half-mile radius meet the radio frequency (RF) design criteria;
4. Existing or approved structures and buildings within a one-half mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified radio frequency (RF) engineer; or
5. A good faith effort to co-locate on existing structures within a one-half mile radius was made, but an agreement could not be reached.
(c) An agreement stating that structures over 130 feet tall will be designed for not less than three users (including the applicant) with applicant and property owner commitment to co-location on reasonable market terms in good faith; any prohibition of additional users on a tower will be considered a violation of the interim use permit. The agreement shall also include a statement that any unused or obsolete tower shall be removed by the property owner and/or applicant. Said agreement shall be signed by the applicant and the property owner and shall be attached to and become a part of the permit.
(2) Standards and conditions. In addition to any terms or conditions applied as a result of the process for issuing an interim use, the following standards shall apply to all antenna and support structures unless specifically waived by the Planning Commission.
(a) Antenna and support structures shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and all other applicable codes. Antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.
(b) Antenna support structures shall be constructed of, or treated with, corrosive resistant material.
(c) Any proposed support structure over 130 feet in height shall be designed, in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two additional users. To allow for future rearrangement of antennas, the structure shall be designed to accept antennas mounted at no less than ten-foot intervals. Support structures less than 130 feet and greater than 75 feet in height shall be designed for a total of two users.
(d) All support structures shall be reasonably protected against unauthorized climbing. The bottom of the structure (measured from ground level to 12 feet above ground level) shall be designed in a manner to preclude unauthorized climbing and shall be enclosed with a minimum of an eight-foot high chain link fence with a locked gate.
(e) All antennas and support structures shall utilize building materials, colors, textures, screening and landscaping that blend the tower facilities within the surrounding natural setting and built environment to the greatest extent possible.
(f)
No part of any antenna or support structure, nor any lines, cable, equipment, wires or braces shall at any time extend across or over any part of the right-of-way, public street, highway or sidewalk, unless specifically approved by the county.
(Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)