1500-18-030 - Definitions

A.

Antenna. Any system of poles, panels, rods, dishes or similar devices that transmit or receive electromagnetic waves.

B.

Building/Structure Mounted Wireless Telecommunication Facility. A wireless telecommunication facility, and its associated support structure, mounted to the side of a building or to another structure such as a water tank, billboard, church steeple, freestanding sign, etc.

C.

Camouflaged. Designed to mask or blend with the surrounding environment in such a manner to render it unnoticeable to the casual observer.

D.

Co-location. Locating of wireless telecommunications equipment from more than one provider on a single building mounted, roof mounted, or freestanding wireless telecommunication facility.

E.

Equipment Shelter or Cabinet. An ancillary building used to house the telecommunications equipment at a wireless telecommunication facility.

F.

Freestanding Wireless Telecommunication Facility. A structure such as a monopole or tower, constructed or existing specifically for the purposes of supporting antenna(s) and/or equipment used in conjunction with the operation of one or more wireless telecommunications facilities.

G.

Mono-pole. A single free-standing pole type structure supporting one or more antenna. Not the same as a tower.

H.

Radio Propagation Model. A radio frequency engineering plot that illustrates the radius of coverage for a wireless telecommunication network or an individual antenna site.

I.

Roof-Mounted Wireless Telecommunication Facility. A wireless telecommunication facility, and its associated support structure, attached to a roof of a building or similar structure.

J.

Tower. A multi-member structure supporting one or more antenna.

K.

Wireless Telecommunication Facility. Any unmanned facility established for the purpose of providing wireless transmission of voice data, images, or other information including, but not limited to, cellular telephone service, personal communication services, and paging services.

(Ord. of 6-28-2022)

1500-18-040 - Exemptions

The following types of non-commercial wireless telecommunications facilities shall be exempt from the provisions of this chapter:

A.

Telecommunication facilities accessory to a residential use subject to the height requirements for the applicable zoning district.

B.

Licensed amateur (ham) radio and citizen band operations subject to the height requirements for the applicable zoning district.

C.

Telecommunication facilities used for emergency and/or public safety services.

D.

Government-owned telecommunications facilities used for a public purpose.

E.

Telecommunication facilities exempted from local regulation under federal or State law.

(Ord. of 6-28-2022)

1500-18-050 - Development and Siting Standards

All wireless telecommunication facilities subject to the chapter shall be located, developed, and operated in compliance with all of the following standards and with the applicable standards of the zoning district in which they are located:

A.

Co-location

1.

Unless determined infeasible, providers of wireless services shall co-locate facilities in order to reduce adverse visual impacts. The approving authority may require co-location or multiple-user wireless telecommunication facilities.

2.

Unless determined infeasible, the approving authority may require the applicant to make unused space available for future co-location of other wireless telecommunication facilities, including space for different operators providing similar, competing services.

3.

When an applicant indicates that co-location is not feasible, technical evidence shall be provided to the satisfaction of the Director explaining why co-location cannot be achieved.

B.

Siting

1.

No new freestanding wireless telecommunication facility shall be located within 1,000 feet of another existing/approved freestanding facility. The approving authority may allow a reduced distance between facilities if:

a.

It is determined that the visual impacts are negligible; or

b.

It is demonstrated that the site is necessary to meet the demands of the geographic service area of the applicant's network, or will facilitate co-location.

2.

All new wireless telecommunication facilities shall be located so that the distance from the base of the facility to the parcel boundary is equal to or greater than the height of the facility. The approving authority may allow a reduced setback requirement if:

a.

The reduced setback is not adjacent to a parcel within a residential zoning district; and

b.

The adjacent property owners consent in writing to a reduced distance, no less than the minimum building setback required by the applicable zone.

3.

Wireless telecommunication facilities mounted on an existing utility pole, lighting standard, water tower, flag pole or other similar structure are not subject to setback requirements.

4.

When feasible, freestanding wireless telecommunication facilities on an agricultural parcel shall be located adjacent to existing structures such as a barn, rice dryer, or home site, as opposed to remote locations which have the potential to impact aerial spraying operations. Such facilities shall be set back as far as possible from existing legally established residential dwellings located on adjacent properties.

5.

The preferred location of a mono-pole or tower on an agricultural parcel shall be adjacent to existing buildings or homesites, as opposed to remote locations which have the potential to impact aerial spraying operations. To the extent feasible, new mono-poles or towers shall be setback as far as possible from residences located on adjacent properties. All applications for wireless communication facilities shall identify any airstrip or airport within a 10 mile radius of the proposed site.

C.

Height

1.

The maximum height for freestanding wireless telecommunication facilities shall be 100 feet. The review authority may approve additional height based upon justifiable need or if it can be demonstrated that a higher facility will facilitate co-location. The height shall be the minimum necessary to meet the technical requirements of the proposed telecommunication system.

2.

The maximum height for roof-mounted wireless telecommunication facilities shall be no more than 10 feet above the roof line of the building with an additional foot in height for each 10 feet the antenna is set back from the edge of the building. Antennas mounted on the side of a building shall not extend above the building parapet. Ancillary roof-mounted equipment shall be screened from public view.

3.

The maximum height for wireless telecommunication facilities mounted on an existing utility pole, lighting standard, water tower, flag pole or other similar structure shall be no more than 10 feet above existing height of the structure.

D.

Design and Screening

1.

Freestanding wireless telecommunication facilities shall incorporate state of the art camouflage technology as appropriate to the site and type of facility. Where no camouflage technology is proposed for the site, a detailed analysis as to why camouflage technology is physically and technically infeasible for the project shall be submitted with the application.

2.

Wireless telecommunication facilities that are mounted on buildings or structures shall be incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.

The equipment shelter or cabinet must be concealed to the extent possible from public view with at a minimum chain link fencing and slats or other acceptable materials and shall be made compatible with the architecture of surrounding structures. The equipment shelter or cabinet shall be regularly maintained.

4.

The shelter or cabinet shall meet the building setback standards established in the zoning district in which the facility is to be located.

5.

Landscaping may be required to be incorporated into the site to screen any ground structures or equipment.

6.

Lighting of a wireless telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration.

7.

No advertising shall be placed on wireless telecommunication facilities, equipment cabinets, or associated structures.

8.

All wireless telecommunication facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in a hazardous situation, visual blight, or attractive nuisances.

9.

Wireless telecommunication facilities and all other equipment, such as emergency generators and air conditioners, must be designed to be consistent with the County's noise standards when in proximity to sensitive receptors.

(Ord. of 6-28-2022)

1500-18-060 - Review and Approval Process

A.

Permits Required. Permits required for wireless telecommunication facilities shall be as specified in Table 1500-18-1 below:

B.

Modifications. Modifications and additions to approved wireless telecommunication facilities may be allowed subject to approval of a Zoning Clearance, provided such modification or additions do not increase the approved height of the facilities and are consistent with all provisions of this chapter.

C.

Multiple Facilities. For service providers who plan to establish multiple wireless telecommunication facilities within the County, the service provider is encouraged to apply for approval of all facilities at one time.

D.

ALUCP Review. All applications for wireless telecommunication facilities that are proposed to be located within the boundaries of any comprehensive airport land use compatibility plan or airport area of influence, as adopted or designated by the Airport Land Use Commission (ALUC), shall be forwarded to the ALUC for review regarding consistency with adopted comprehensive airport land use plans and for recommendations addressing potential impacts to air navigation within the airport area of influence.

E.

Review Period. All application for wireless telecommunication facilities shall be processed within the timelines specified by the Federal Communications Commission (FCC).

F.

Technical Assistance. The County may, at its sole discretion and at the applicant's sole expense, retain an independent consultant to review either individual elements of or the entire application.

G.

Findings and Conditions. In addition to other findings as may be required by this chapter, the approving authority shall make the following findings when considering a use permit for a wireless telecommunication facility:

1.

The height of the tower is the minimum necessary to meet the technical requirements of the proposed wireless telecommunication system.

2.

The facility has been screened and/or camouflaged to the extent reasonably feasible.

3.

The proposed tower, if located in an agricultural district, will not interfere with any established aerial spraying operations.

4.

The applicant has agreed to accept proposals from future applicants to co-locate at the approved site.

5.

The project as proposed is necessary for the provision of an efficient wireless telecommunication system.

The applicant shall be required, as a condition of approval, to allow future applicants to co-locate their antennas at the approved facility. The Planning Commission may allow an exception to this requirement if the applicant provides evidence that such co-location would adversely affect the facility's capability of providing necessary telecommunication services.

(Ord. of 6-28-2022)