§ 4720. Broadcasting or communication tower.

(a)

The standards of this section apply whenever a conditional use permit is sought for a broadcasting or communications tower, as this use is defined by Section 2103 of this chapter [Appendix] [Appendix]. Any wireless communication antenna which meets the definition of a "utility service, minor," is not subject to the provisions of this section.

(b)

General standards:

(1)

The following sites shall be considered by applicants as the preferred order of location of proposed broadcasting or communication facilities:

a.

Existing broadcasting or communication towers.

b.

Property zoned industrial, research and development, or university.

c.

Public structures, such as water towers, utility structures, fire stations, bridges, and other public buildings within all zoning districts not utilized primarily for residential uses.

d.

Property zoned general commercial.

e.

Property zoned Downtown commercial.

f.

Property zoned primarily for residential uses.

(2)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of Town Council that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

b.

Existing towers or structures do not have sufficient height to meet applicant's engineering requirements.

c.

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers and structures, or the existing antenna would interfere with applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are deemed unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unreasonable.

(3)

The maximum height of any Broadcasting and Communication Facility shall be made a condition of the conditional use permit.

(4)

Broadcasting or communication towers shall conform with each of the following minimum setback requirements:

a.

Towers shall have a minimum front, side, and rear yard setback equal to the height of the tower.

b.

Towers guys and accessory structures shall satisfy the minimum setback requirements of the underlying zoning district.

c.

Towers shall not be located between the principal structure and a public street.

d.

For any lot which abuts a lot zoned RR1, R-4, or R-5, the maximum height of any tower, including antennas and attachments, shall not exceed one (1) foot for each two (2) feet of distance between the tower and such property line.

e.

A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the Town Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, utility pole, or similar structure.

(5)

More than one (1) tower may be permitted provided all setback requirements have been met.

(6)

All broadcasting or communication facilities shall be designed, structurally, electrically, and in other respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users, if the tower is over one hundred (100) feet in height, or for at least one (1) additional user if the tower is over sixty (60) feet in height. Wireless telecommunication providers shall respond to co-location requests within ninety (90) days.

(7)

Proposed or modified towers and antennas shall meet the following design requirements:

a.

Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

b.

Broadcasting or communication towers shall be of a monopole design unless the Town Council determines that an alternative design would better blend in to the surrounding environment.

(8)

Towers shall be illuminated as required by the Federal Communications Commission, (FCC) but no lighting shall be incorporated if not required by the FCC, other than essential security lighting. Site lighting shall not be directed toward adjacent properties. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(9)

Towers shall be located in an area where they are unobtrusive and do not substantially detract from aesthetics or neighborhood character, due to either location, to the nature of surrounding uses, or to lack of visibility caused by natural growth or other factors.

(10)

A type D buffer yard shall be provided surrounding the facility. The conditional use permit application shall include a landscape plan showing the locations, species, and size at planting for the landscaping proposed.

(11)

Signage on site shall be limited to no trespassing or safety signs to be positioned on the fence surrounding the facility. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(12)

No new or existing telecommunications service shall interfere with public safety communications. Before the introduction of new service or changes in existing service, telecommunications providers shall notify the Town at least ten (10) calendar days in advance of such changes and allow the Town to monitor interference levels during the testing process.

(13)

There shall be no outdoor storage associated with the facility.

(14)

All towers and associated facilities shall be removed within six (6) months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. In the event that a tower is not removed within six (6) months of the cessation of operations at a site, the tower and associated facilities may be removed by the Town and the costs of removal assessed against the owner and property.

(c)

Additional standards in the RR1, R-4, R-5, RM-27, RM-48, and PR Zoning Districts:

(1)

Broadcasting or Communication Towers shall be allowed only in the following locations:

a.

Church sites, when camouflaged as steeples or bell towers.

b.

Park sites, when compatible with the nature of the park.

c.

Government, school, utility, and institutional sites.

d.

Other similar site or structure.

(d)

Additional standards in the RR1, R-4, and R-5 zoning districts:

(1)

Maximum height, including tower, antennas, and other attachments: Thirty-five (35) feet except when included in a church steeple, bell tower, water tower, light pole, or other similar architecturally compatible structure.

(e)

Additional standards in the GC zoning district: Parking shall be located behind the front line of the principal building. Town Council may grant a special exception to this requirement as authorized by Section 1112.

(Ord. No. 1170, adopted 11-11-97; Ord. No. 1247, § 17, 9-12-00; Ord. No. 1308, § 60, 8-13-02; Ord. No. 1339, § 21, 9-9-03; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)

(Ord. No. 1170, adopted 11-11-97; Ord. No. 1247, § 17, 9-12-00; Ord. No. 1308, § 60, 8-13-02; Ord. No. 1339, § 21, 9-9-03; Ord. No. 1513, § 1, 4-14-09; Ord. No. 1680, § 1, 5-14-13)