§ 16.1.3. Requirements and performance standards.

A.

Antenna tower and equipment setbacks.

1.

Attached antennas. Attached antennas and other appurtenances may encroach up to two feet into the minimum building setbacks in the underlying zoning district but must not extend over property lines.

2.

Concealed antennas, microcell antenna towers and temporary antenna towers. Minimum setbacks for concealed antennas, microcell antenna towers and temporary antenna towers are the same as the minimum building setbacks in the underlying zoning district.

3.

Antenna towers, other than concealed antennas, microcell antenna towers and temporary antenna towers. Minimum setbacks for antenna towers, other than concealed antennas, microcell antenna towers and temporary antenna towers, are as follows:

a.

From property lines of properties in the B, C, I, and I-1 zones: 30 percent of tower height but not less than minimum building setbacks in the underlying zoning district.

b.

From property lines of properties in the E, E-1, RE, RE-1, R, R-1, R-2, FA, FA-1, FO, FO-1, M, M-1, A, T, O, PD and AP zones: 100 percent of tower height but not less than minimum building setbacks in the underlying zoning district.

4.

Guy wires and equipment buildings and cabinets. Minimum setbacks for guy wires and equipment buildings and cabinets are the same as minimum building setbacks in the underlying zoning district.

B.

Equipment design.

1.

Attached antennas on a roof may extend up to 15 feet over the height of the building or structure and may exceed the underlying zoning district height limitation. Attached antennas mounted on a building or structure wall must be as flush to the wall as technically possible and must not project above the top of the wall. Attached antennas must be located, painted and/or screened to be architecturally and visually compatible with the building it is attached to.

2.

Microcell and temporary antenna towers may contain up to three whip or panel antennas. Panel antennas may project up to one foot beyond the edge of the tower structure. Microcell and temporary antenna tower structures may be up to one foot wide. Use of wood poles is encouraged.

3.

Antenna towers must be painted or coated in a color that blends with the surrounding building and natural environment, unless state or federal regulations require different colors.

4.

Antenna towers must not be artificially lighted, unless required by the FAA or other state or federal agency. If safety lighting is required, the use of red beacons is preferred to flashing strobe lights. Security lighting on the site may be mounted up to 20 feet high and must be directed toward the ground to reduce light pollution, prevent offsite light spillage and avoid illuminating the tower. When incorporated into the approved design of the facility, light fixtures used to illuminate sports fields, parking lots or similar areas may be included in the facility.

5.

Equipment buildings must be compatible with the architectural style of the surrounding building environment with consideration given to exterior materials, roof form, scale, mass, color, texture and character. Equipment buildings must be constructed with materials that are equal to or better than the materials of the principal use. Equipment cabinets must be located, painted and/or screened to be architecturally and visually compatible with the surrounding building and natural environment.

6.

Equipment must not generate noise that can be heard beyond the site. However, this does not apply to generators used in emergency situations where the regular power supply for a facility is temporarily interrupted. It also does not apply to air conditioners or noise made during regular maintenance and upkeep of the facility and site.

C.

Site design.

1.

Screening and landscaping appropriate to the context of the site and in harmony with the character of the surrounding environment is required when any part of the facility is visible from a public right-of-way or adjacent properties. Natural materials must normally be used for screening and fencing; however, wire fencing is permitted when the fencing cannot be seen from the public right-of-way or adjacent properties. Fencing may be up to six feet high. If a facility fronts on a public street, street trees must be planted along the roadway to provide additional screening.

2.

Existing vegetation and grades on the site must be preserved as much as possible.

3.

Signage at the site is limited to nonilluminated warning and equipment identification signs. This does not apply to concealed antennas incorporated into freestanding signs.

4.

CMRS facilities, except those in the B, C, I, and I-1 zones, must not include manned offices, longterm vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions.

D.

Co-location on antenna towers.

1.

CMRS providers must not exclude other providers from co-locating on the same tower when co-location is structurally, technically or otherwise possible.

2.

In addition to equipment proposed for the applicant's use, proposed antenna towers (excepting concealed antennas) and sites must be designed to accommodate co-location of one additional CMRS provider for every 40-foot segment of tower height over 40 feet.

3.

The county commissioners may reduce the required shared capacity if an antenna tower necessary to provide for such sharing dominates and adversely alters the area's visual character.

4.

The county commissioners may revoke a tower building permit or other administrative approvals if conditions for approval of an antenna tower include co-location but:

a.

The tower owner is not willing to provide space for other carriers at a fair market rate when it would not impair the structural integrity of the tower or cause interference; or

b.

The tower owner modifies the structure in a way to make co-location impractical or impossible. If approval is revoked, the facility must be removed at the owners' expense.

5.

Addition of equipment for co-location of additional CMRS providers or for existing CMRS providers on existing antenna towers and sites does not require the special review process if the tower height remains unchanged. Addition of equipment for co-location of additional CMRS providers or for existing CMRS providers on existing legal, nonconforming antenna towers is not considered a nonconforming use expansion and is exempt from subsection 4.8 (nonconformities), if the tower height remains unchanged. Appropriate permits are required for the addition of any equipment.

E.

Abandonment. CMRS facilities are considered abandoned if they are unused by all providers at the facility for a period of 180 days. The planning director will determine if a CMRS facility has been abandoned. The planning director has the right to request documentation from the facility owner regarding tower or antenna usage. Upon abandonment, the facility owner has 90 days to:

1.

Reuse the facility or transfer the facility to another owner who will reuse it; or

2.

Dismantle the facility. If the facility is not removed within 90 days of abandonment, the county may pursue enforcement subject to the provisions of section 21, Enforcement. If the facility is removed, county approval of the facility is null and void.

(Res. No. 01312006R010, §§ 10, 11, 1-31-2006)