Zoning 1716 Wireless Telecommunications Site/Facility

This Section provides standards for wireless telecommunication facilities to promote compatibility with adjoining uses to the extent permitted by the Telecommunications Act of 1996, as amended. 1) Scope. The requirements of this Section shall apply to all wireless telecommunications facilities proposed to be located on any private or public lands, including State and Federal Lands, such as “cellular” or “PCS” (Personal Communications System) communications and paging systems. This Section shall not apply to radio antennas complying with the ruling of the Federal Communications Commission in “Amateur Radio Preemption, 101 FCC 2nd 952 (1985)” or a regulation related to amateur radio service adopted under 47 C.F.R Part 97. 2) Facility Types. The following types of wireless telecommunication facilities shall be governed by this Section: a) Stealth Design Antennas. b) Roof – Mounted Antennas. c) Wall – Mounted antennas. d) Monopoles – monopoles with antennas and antenna support. 3) Prohibited Facility Types. Unless a facility is a wireless telecommunication facility identified by (2) above, all other types of facilities are determined to be prohibited facilities within the County, including the following facilities: a) Lattice Tower. A lattice tower unless otherwise required by to comply applicable State or Federal law. b) All other types of wireless telecommunication facilities unless otherwise required to comply with State or Federal law. 4) Other Laws. The requirements of this Section shall not be construed to prohibit or limit other applicable provisions of this Ordinance or other laws, including regulations of the Federal Communications Commission and the Federal Aviation Administration. 5) Existing Facility Plan Required. When a carrier applies for an approval under this Section, the carrier shall submit a plan showing by location and type of the carrier’s existing and planned facilities within the County. 6) Screening. Any associated mechanical or electrical equipment shall be screened with a decorative screening fence, and/or landscaping. 7) Location. The proposed facility, including associated mechanical and electrical equipment, shall not be located within any public right-of-way. 8) Compliance Required. The proposed facility shall conform to the requirements of this Section and other applicable Federal, State, or Local laws, including regulations of the Federal Communications Commission and the Federal Aviation Administration. 9) Permits Required. At the time of Application to establish a Wireless Telecommunications Site/Facility, or within forty-five (45) calendar days following approval, the owner or provider shall provide to the County Clerk evidence that the Site/Facility is licensed by the Federal and/or State agencies, as required. The Land Use Authority shall condition any approval on the presentation of evidence that the Site/Facility is licensed as required by this Section. Failure to provide such evidence shall be grounds for the County to invalidate any existing or pending approval. Copies of required permits from Federal and State agencies establishing compliance with applicable Federal or State regulations shall be filed with the County Clerk as apart of a Land Use Application required to authorize the proposed facility. 10) Stealth Design Antennas. The following provisions shall apply to all stealth-design antennas. The intent of this Section is to allow creativity in designing a proposed facility so that it will have limited visual impact. a) Stealth designs may include, but are not limited to, the use of one (1) or more of the following: i) Screening, structure, and/or antenna design which blend with the architecture of the existing structure upon which the antenna will be mounted. ii) Screening, structure, antenna and/or location design which blend with and/or take advantage of existing vegetation and/or features of a site; and iii) Color schemes that make the antenna less noticeable. b) All Stealth Design Antennas shall comply with all other Sections, as applicable, including screening and location requirements. Any associated mechanical or electrical equipment shall be screened from view, from public rights-of-way, on-site parking areas and adjacent properties, with a decorative screening fence, and/or landscaping. c) The proposed facility, including associated mechanical and electrical equipment, shall not be located within any public right-of-way. d) The proposed facility shall conform to the requirements of this Section and other applicable Federal, State, or Local laws, including regulations of the Federal Communications Commission and the Federal Aviation Administration. e) Copies of required permits from Federal and State agencies establishing compliance with applicable Federal and State regulations shall be maintained on file with the County Clerk. 11) Roof-Mounted Antennas. The following provisions shall apply to roof-mounted antennas. a) Roof-mounted antennas may only be allowed if determined to be a stealth design as set forth in this Section. b) The maximum height of any roof-mounted antenna shall comply with the maximum building height allowed in the Zoning District in which the roof-mounted antenna is located. c) The maximum number of roof-mounted antennas shall be one (1) roof-mounted antenna per building or structure. 12) Wall-Mounted Antennas. Wall-Mounted antennas may only be allowed if determined to be a stealth design as set forth in this Section. The following provisions may apply to flush- and non-flush mounted wall antennas. a) Wall-mounted antennas shall not: i) Extend above the maximum building height allowed in the Zoning District in which the wall-mounted antenna is located. ii) Extend more than one (1) foot horizontally from the wall surface. b) Wall-mounted antennas, equipment, and the supporting structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. c) The maximum number of wall-mounted antennas shall be one (1) wall-mounted antenna per building or structure. d) All wall-mounted antennas shall be approved stealth-design antennas as set forth in this Section. 13) Monopoles and Antenna Support Structures. Monopoles with antennas support structures shall only be allowed if determined to be a stealth design, as set forth in this Section. The following provisions shall apply to monopoles and antenna support structures. a) The maximum height of any monopole, including antennas and antenna support structures, shall be forty (40) feet, measured from the natural grade at the base of the monopole to the highest point of the pole, antennas, or support structures. b) The location of a monopole, and its associated equipment and facilities, shall be as follows: c) All accessory equipment not located within an accessory building shall be screened with a decorative screening fence, and/or landscaping. d) A monopole, and associated equipment and facilities, shall be a stealth design, as provided by this Section. The Land Use Authority shall have the authority and responsibility to determine whether a proposed monopole and its associated accessory equipment and facilities will have limited visual impact. e) A monopole, and its associated equipment and facilities, shall comply with the minimum yard setback requirements of the Zoning District in which it is located. f) All communication and power lines to or between any accessory building, accessory equipment, and antenna structures, shall be located underground. 14) Alternative Locations. In considering applications to locate wireless telecommunications facilities, the Land Use Authority shall consider whether the location of the antenna on other existing structures in the same vicinity, such as other towers, buildings, athletic field lights, parking lot lights, etc., is possible without significantly affecting antenna transmission or reception. 15) Non-Maintained and Abandoned Facilities—Letter Agreement. Prior to approval of an application for a wireless telecommunication facility, the Applicant shall provide the Land Use Authority a letter agreeing to the requirements of this Section. The letter agreement shall State that if technology renders the facility obsolete, the facility is not maintained, the facility is abandoned, or the facility is vacated, the carrier will provide the County Clerk with a copy of a "Notice to Abandon" to be filed with the Federal Communications Commission and will remove the facility. 16) If the Zoning Administrator determines that a facility is not maintained, is abandoned, or is vacated, the Zoning Administrator shall send the owner a Notice of Non-Maintenance or Abandonment by certified mail. If a facility subject to the notice has not been repaired, put into use, or removed within thirty (30) calendar days of receipt of the notice, the Zoning Administrator shall send the owner a certified Notice to Remove, which shall give the owner thirty (30) calendar days from the receipt of the notice to remove the facility. In the event a facility is not removed as required, the County may undertake legal proceedings to enforce removal as set forth in this Section, or other applicable Ordinances of the County.