§ 4.2.57. Wireless telecommunications (cell tower).

A.

Purpose and goals. The purpose of this section is to ensure that residents, public safety operations, and businesses in DeKalb County have reliable access to wireless telecommunications networks and state of the art communication services while also ensuring that this objective is achieved in a manner consistent with DeKalb County's planning and zoning standards, to maintain to the extent possible the aesthetic integrity of the community, and in accordance with applicable state law and with federal law, regulations, and guidance, including the Telecommunication Act of 1996 which preserved, with certain limitations, local government land use and zoning authority concerning the placement, construction, and modification of wireless telecommunication facilities. The goals of this section are:

1.

To ensure DeKalb County has sufficient wireless infrastructure to support its public safety communications throughout the county;

2.

To provide access to reliable wireless telecommunication services by residents, businesses, and visitors throughout all areas of the county

3.

To minimize the total number of support structures within the county by promoting and encouraging the joint use of new and existing wireless support structures among wireless service providers;

4.

To encourage the location of wireless support structures, to the extent possible, in areas where adverse impacts on the community will be minimized;

5.

To encourage the design and construction of towers and antennas to minimize adverse visual impacts;

6.

To avoid potential damage to property caused by wireless communications facilities by insuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound;

7.

To preserve those areas of scenic or historic significance;

8.

To facilitate implementation of an existing tower map for DeKalb County;

9.

To promote and encourage the joint use of new and existing tower sites among service providers;

10.

To enhance the ability of the providers of wireless communications services to deliver such services to the community effectively and efficiently;

11.

To be consistent with all overlay districts within the county, to the extent practicable and so as to not to conflict with this section.

B.

Definitions. For the purposes of this chapter, the following definitions apply:

Abandon means when a tower is not operated for a continuous period of six (6) months.

Accessory equipment means any equipment serving or being used in conjunction with a telecommunications facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

Administrative approval means zoning approval that the director of planning is authorized to grant in the form of a special administrative permit.

Administrative review means evaluation of an application by the director of planning in connection with the review of an application for a building permit.

Antenna means any communications equipment that transmits, receives, or transmits and receives electromagnetic radio signal used in the provision of all types of wireless communication services including, but not limited to, cellular, paging, personal communications services (PCS) or microwave communications. Such structures and devices include, but are not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.

Application means a formal request submitted to DeKalb County to construct, collocate or modify a wireless support structure or a wireless facility.

Attached wireless telecommunications facility means an antenna or antenna array that is secured to an existing building or structure (except an antenna support structure) with any accompanying pole or device which attaches it to the building or structure, together with transmission cables and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure, and do not significantly change the profile of the existing structure and are not readily noticeable to the untrained eye. Attached wireless telecommunications facilities may be concealed or contained in an architectural feature and should complement the existing theme and rhythm of the structure. An attached wireless telecommunications facility is considered to be an accessory use to the existing principal use on a site.

Carrier on wheels or cell on wheels ("COW") means a portable self-contained telecommunications facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure, though it may use a separate temporary mast for the placement of antennas.

Collocate or collocation means the placement or installation of new wireless facilities on previously approved and constructed wireless support structures, including monopoles and towers, both self-supporting and guyed, in a manner that negates the need to construct a new freestanding wireless support structure. Such term includes the placement of accessory equipment within an existing equipment compound.

Distributed antenna systems ("DAS") means a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.

Equipment compound means an area surrounding or adjacent to the base of a wireless support structure within which accessory equipment is located.

Existing structure means previously erected support structure or any other structure, including but not limited to, buildings and water tanks, to which telecommunications facilities may be attached.

Fall zone means the maximum distance from its base a wireless support structure will collapse in the event of a failure, usually less than the total height of such structure. This distance must be defined by a professional civil or structural engineer licensed in the State of Georgia.

Geographic search area (GSA) means a geographic area designated by a wireless provider or operator as the area within which a new telecommunication facility must be located to serve an identified system need, produced in accordance with generally accepted principles of wireless engineering.

Modification means the improvement, upgrade, expansion, or replacement of wireless facilities on an existing wireless support structure or within an existing equipment compound and may include: (i) an increase in structure height of a pre-existing tower up to thirty (30) percent so long as such height increase does not trigger FAA lighting requirements; or (ii) the removal and replacement of a pre-existing tower with a new tower at the same location that may be up to thirty (30) percent taller so long as any such structure height increase does not trigger FAA lighting requirements.

Monopole means a single, freestanding pole-type structure supporting one (1) or more antennas. For purposes of this section, a monopole is not a tower.

Ordinary maintenance means action taken to ensure that telecommunications facilities and support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing and modifications that maintain functional capacity, aesthetic and structural integrity; for example the strengthening of a support structure's foundation, or of the support structure itself. Ordinary maintenance includes replacing antennas of a similar size, weight, shape and color and accessory equipment within an existing telecommunications facility, and relocating the antennas of approved telecommunications facilities to different height levels on an existing monopole or tower upon which they are currently located. Ordinary maintenance does not include modifications.

Replacement means constructing a new support structure of the same proportions and of equal height, or such other height that would not constitute a modification to a pre-existing support structure, in order to support a telecommunications facility or to accommodate collocation and removing the pre-existing support structure.

Support structure (new or existing) means a structure designed to support telecommunications facilities including, but not limited to, monopoles, towers, and other freestanding self-supporting structures.

Stealth telecommunications facility means any telecommunications facility that is integrated as an architectural feature of an existing structure or any new support structure designed so that the purpose of the facility or support structure for providing wireless services is not readily apparent to a casual observer. This term includes, but is not limited to artificial trees, clock towers, bell steeples, church towers and steeples, light poles, flag poles, monopoles with modified flush mount antennae and similar alternative-design structures that, in the opinion of the director of planning or board of commissioners, as may be appropriate based on the requirements for approval in the zoning district in which the telecommunications facility is to be located, are compatible with the natural setting or surrounding structures and effectively camouflage or conceal the presence of antennas or towers.

Telecommunications facility(ies) means 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 communications service (PCS), and paging service. A telecommunication facility can consist of one (1) or more antennas and along with accessory equipment located in an equipment compound.

Tower means a lattice-type structure, guyed or freestanding, that supports one (1) or more antennas or antenna arrays.

C.

Approvals required for telecommunications facilities, stealth and new support structures. It shall be unlawful for any person to erect, install, construct, enlarge, move, alter or convert any tower or antenna or cause the same to be done within DeKalb County except in accordance with the provisions of this section. In addition, except as otherwise specifically provided herein, all towers and antennas shall also comply with all regulations applicable to the zoning district in which said tower or antenna is located and any permits authorizing said tower or antennas.

1.

All telecommunications facilities, stealth and new support structures shall require the issuance of a building permit in compliance with the administrative review processes described in this chapter. The building permit for a telecommunications facilities, stealth and new support structures shall be in addition to either a special administrative permit or a special land use permit if required.

2.

Telecommunications facilities, stealth and new support structures permitted pursuant to Table 4.1 upon issuance of a special administrative permit by the director of planning shall be considered in accordance with the standards set forth in this chapter. A building permit for a telecommunications facilities, stealth and new support structures may be applied for and considered contemporaneously with an application for a special administrative permit.

3.

Telecommunications facilities, stealth and new support structures not permitted by a special administrative permit shall be permitted upon the granting of a special land use permit by the DeKalb County Board of Commissioners in accordance with the standards set forth in this chapter, before submittal for administrative review (building permit).

D.

Exempt. Ordinary maintenance of existing telecommunications facilities, stealth and new support structures shall be exempt from zoning and permitting requirements. In addition, the following facilities are not subject to the provisions of this chapter:

1.

Antennas used by residential households solely for broadcast radio and television reception;

2.

Satellite antennas used solely for residential or household purposes;

3.

Telecommunication facilities, towers, stealth and new support structures, and monopoles located on county-owned property;

4.

COWs placed for a period of not more than one hundred twenty (120) consecutive days at any location within DeKalb County after a declaration of an emergency or a disaster;

5.

Television and AM/FM radio broadcast towers and associated facilities; and

6.

DAS facilities when located within a building or on the exterior of a building.

E.

Telecommunications facilities, and modifications permitted by administrative review (building permit).

1.

Telecommunications facilities located on existing structures.

a.

Attached wireless telecommunications facilities are permitted in all zoning districts, except single family residential, when located on any existing structure (other than a single family residential structure or a multi-family residential structure less than four (4) stories or fifty (50) feet in height) subject to administrative review in accordance with the requirements of this [chapter].

b.

Attached wireless telecommunication facilities may exceed the maximum building height limitations within a zoning district, above the roof line of a flat roof or the top of a parapet wall to which they are attached, but shall be camouflaged or screened with an architectural feature compatible with the building. Modifications are permitted to all existing stealth and support structures and associated equipment compounds in accordance with the requirements of this chapter. Any modification involving increasing the height of an existing tower, either directly or by replacement, shall be permitted only upon a demonstration deemed sufficient to the director of planning that increasing structure height will allow collocation on the tower by a wireless service provider and that such collocation will obviate the need for a new telecommunications facility in the same geographic search area (GSA). Approval of a modification involving an increase in the height of an existing tower, either directly or by replacement, shall also authorize a corresponding increase in the size of the associated equipment compound sufficient to accommodate the accessory equipment needed by the wireless service provider collocating on the tower.

2.

A monopole or replacement pole that will support utility lines as well as a telecommunications facility shall be permitted within utility easements or rights-of-way, in accordance with the requirements of this chapter, subject to the following regulations:

a.

The utility easement or right-of-way shall be a minimum of one hundred (100) feet in width.

b.

The easement or right-of-way shall contain overhead utility transmission and/or distribution structures that are eighty (80) feet or greater in height.

c.

The height of the monopole or replacement pole may not exceed by more than thirty (30) feet the height of existing utility support structures.

d.

Monopoles and all accessory equipment shall be set back a minimum of fifteen (15) feet from all boundaries of the easement or right-of-way.

e.

Single carrier monopoles may be used within utility easements and rights-of-way due to the height restriction imposed by subsection c. above.

Poles that use the structure of a utility tower for support are permitted. Such poles may extend up to twenty (20) feet above the height of the utility tower.

3.

The director of planning must issue a written decision approving, approving with conditions, or denying the application for modification or collocation within ninety (90) days of submission of the initial application.

F.

Telecommunication facilities and structures permitted by special administrative permit or special land use permit .

1.

New support structures and attached wireless.

a.

New support structures up to one hundred fifty (150) feet in height shall be permitted in the NS and OIT zoning districts by special land use permit in accordance with the requirements of this chapter.

b.

New support structures up to one hundred ninety-nine (199) feet in height shall be permitted by special administrative permit in the OI, OD, C-1, C-2, M and M-2 zoning districts in accordance with the requirements of this chapter.

c.

Only attached wireless telecommunications (AWT) facilities are allowed in single family residential districts, RE, RLG, R-100, R-85, R-75, R-60 and RSM. An AWT shall be located only on property that is used for non-residential purposes, and attached to non-residential structures. The height of the facility shall be measured to include the height of the structure. These facilities shall be permitted by special administrative permit in accordance with the requirements of this chapter.

d.

New support structures either up to one hundred fifty (150) feet in height, or up to one hundred ninety-nine (199) feet in height depending on the zoning district in which the new support structure is located, may be permitted administratively or through the special land use permit process as described in Table 4.1. The height of any proposed support structure shall not exceed the minimum height necessary to meet the coverage or capacity objectives of the facility. Stealth design is encouraged.

2.

Stealth design telecommunications facilities.

a.

Any telecommunications facility that otherwise complies with the requirements of this chapter, including procedural approvals, may be designed as a stealth telecommunication facility.

b.

Stealth telecommunication facilities are mandatory in medium and high density residential districts and shall not exceed one hundred fifty (150) feet in height. All towers in medium and high density residential districts must be approved by a special land use permit.

c.

Antennas must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a casual observer.

d.

Existing structures utilized to support the antennas must be allowed within the underlying zoning district. Such structures may include, but are not limited to, buildings, flagpoles, bell towers, clock towers, religious crosses, monuments, smoke stacks, parapets, and steeples.

3.

Cell on wheels/carrier on wheels (COW) facilities. The use of COWs shall be permitted in any zoning district after special administrative permit approval and administrative review (building permit). COWs may be placed for a period of not more than one hundred twenty (120) consecutive days at any location within unincorporated DeKalb County if used during a non-emergency or special event. Placement of a COW for the purpose of providing wireless telecommunication service in connection with a special event, subject to the COW's compliance with all federal requirements, may be up to forty-five (45) consecutive days before such special event, for the duration of the event, and for up to fourteen (14) consecutive days thereafter. After a declaration of an emergency or disaster by federal or state government, by DeKalb County, or a determination of public necessity by the director of planning, COWs are authorized without permitting.

4.

General standards, design requirements, and miscellaneous provisions. Unless otherwise specified herein, all telecommunications facilities and support structures permitted by special administrative permit approval are subject to the applicable general standards and design requirements contained herein.

5.

Special administrative permit review process. All special administrative permit applications must contain the following:

a.

The special administrative permit application form signed by the applicant.

b.

A copy of a lease or letter of authorization from the owner of the property on which the telecommunications facility and support structure are located evidencing the applicant's authority to pursue the application. Such submissions need not disclose the financial lease terms.

c.

Site plans detailing proposed improvements complying with the county's site plan requirements. Site plans must depict all improvements and satisfaction of all applicable requirements contained in this Code, including property boundaries, setbacks, topography, elevation sketch, landscaping, fencing, and dimensions of improvements.

d.

In the case of a new support structure:

i.

A statement indicating why collocation could not meet the applicant's requirements. Such statement may include justifications, including why collocation is either not reasonably available or technologically or structurally feasible, as applicable, to document the reason why collocation is not a viable option.

ii.

The applicant shall provide a list of all the existing structures considered by it as alternatives to the proposed location. The applicant shall provide a written explanation why the alternatives considered were either reasonably unavailable, or technologically or structurally infeasible.

iii.

Applications for new support structures with accompanying telecommunications facilities shall be considered together as one (1) application requiring only a single application fee.

iv.

A list of all towers and support structures in DeKalb County in which the applicant has an ownership interest or use agreement. The list shall include the location, the type of structure, the height of the structure, the number of facilities located on the same structure, and the number of facilities for which collocation would be available under existing conditions.

v.

A color propagation map demonstrating the existing coverage of all telecommunications facilities owned and proposed by the applicant within the GSA.

vi.

Current and proposed coverage map for the proposed tower.

vii.

A structural integrity analysis of a tower shall be included where antennas and equipment will be attached to such existing tower, or to establish the fall zone. Such certification and structural integrity analysis shall bear the signature and seal of a professional engineer licensed in the State of Georgia.

viii.

A special administrative permit application fee as listed in DeKalb County's published fee schedule.

6.

Procedure.

a.

Within thirty (30) days of receipt of an application for special administrative permit, the director of planning shall either: (1) inform the applicant in writing of the specific reasons why the application is incomplete and does not meet the submittal requirements; or (2) deem the application complete. If the director informs the applicant that its application is incomplete within thirty (30) days, the overall timeframe for review is suspended until such time that the applicant provides the requested information necessary to complete the application.

b.

An applicant that receives notice of an incomplete application may submit additional documentation to complete the application. An applicant's failure to complete the application within sixty (60) days after receipt of written notice of incompleteness shall result in the withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new application fee.

c.

The director of planning must issue a written decision approving, approving with conditions, or denying the application within one hundred fifty (150) days of the submission of the initial application unless:

i.

The director of planning notified applicant in writing that its application was incomplete within thirty (30) days of filing. If so, the remaining time from the one hundred-fifty-day total review time is suspended until the applicant provides the missing information; or

ii.

An extension of time is agreed to by the applicant in writing.

d.

After making a decision, the director of planning shall have ten (10) calendar days to post a sign on the subject property which reflects the decision of the director and includes the deadline for taking an appeal of the decision.

e.

An aggrieved person, as such term is defined by Georgia courts, may appeal any decision of the director of planning approving, approving with conditions, denying an application, or deeming an application incomplete, within thirty (30) days of such decision to zoning board of appeals in accordance with this chapter.

G.

Special land use permit review process.

1.

Any telecommunications facility, stealth or new support structure, located in a medium to high density residential district, or NS and OIT (except for an attached wireless telecommunication facility) shall meet the requirements of this chapter and shall be approved by a special land use permit subject to:

a.

The submission requirements below;

b.

The applicable standards below; and

c.

The requirements of the special land use permit general requirements provided in article 7.

2.

Submission requirements for special land use permit applications.

a.

All special land use permit applications for telecommunications facilities, stealth and new support structures, must contain the following:

i.

The special land use permit application form signed by applicant.

ii.

A copy of a lease or letter of authorization from the property owner evidencing applicant's authority to pursue the special land use permit application. Such submissions need not disclose the financial lease terms.

iii.

A legal description of the parent tract, the leased parcel and any associated easements, as applicable.

iv.

A scaled site plan clearly indicating the location, type and height of the proposed tower or accessory structure to be utilized, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines and residential structures (if located on adjacent property), elevation drawings of the proposed tower, design of the tower and how visible obtrusiveness is reduced, accessory structure and any other structures, topography on site and of surrounding property, existing streams, wetlands and floodplains, and other information deemed necessary by the director of planning to assess compliance with this section.

v.

A letter of intent providing a detailed narrative regarding the proposed facility, including the needs it is intended to meet, the area to be served, design characteristics, collocation alternatives, nature of uses on adjacent properties, and any other information deemed necessary by the director of planning to provide an adequate description of the proposal.

vi.

A radio frequency study including a description of the area of coverage, capacity and radio frequency goals to be served by the proposed facility, and the extent to which such proposed facility is needed for coverage or capacity needs. The study shall include all planned, proposed, in-service or existing sites operated by the applicant in or near the boundaries of and a color propagation study demonstrating the existing coverage of all telecommunications facilities owned and proposed by the applicant within the GSA. The study shall also demonstrate that the proposed height is the minimum necessary to achieve the required coverage. The study shall bear the signature of a qualified radio frequency engineer.

vii.

Certification that the telecommunications facility, the foundation and all attachments are designed and will be constructed to meet all applicable local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations. A structural integrity analysis of an existing tower shall be included where antennas and equipment will be attached to such existing tower. Such certification and structural integrity analysis shall bear the signature and seal of a professional engineer licensed in the State of Georgia.

viii.

Line-of-sight diagram or photo simulation, showing the proposed support structure set against the skyline and viewed from at least four (4) directions within the surrounding areas.

ix.

A list of all towers and support structures in DeKalb County in which the applicant has an ownership interest or use agreement. The list shall include the location, the type of structure, the height of the structure, the number of facilities located on the same structure, and the number of facilities for which collocation would be available under existing conditions.

x.

A statement indicating why collocation is not feasible. Such statement shall include:

(1)

Such technical information and other justifications as are necessary to indicate the reasons why collocation is not a viable option; and

(2)

A list of the existing structures considered by the applicant as possible alternatives to the proposed location and a written explanation why the alternatives considered were structurally deficient or otherwise unsuitable.

xi.

A statement certifying that the proposed stealth or new support structure will be made available for collocation to other service providers at commercially reasonable rates.

xii.

Notification to surrounding property owners as required by this chapter.

xiii.

A special land use permit application fee as listed in DeKalb County's published fee schedule.

3.

Procedure.

a.

Within thirty (30) days of the receipt of an application for special land use permit, the director of planning shall either: (1) inform the applicant in writing of the specific reasons why the application is incomplete and does not meet the submittal requirements; or (2) deem the application complete. If the director informs the applicant in writing that its application is incomplete within thirty (30) days, the overall timeframe for review is suspended until such time that the applicant provides the requested information necessary to constitute a complete application.

b.

If an application is deemed incomplete, the applicant may submit additional materials to complete the application. An applicant's unreasonable failure to complete the application within sixty (60) days after receipt of written notice of incompleteness shall result in the withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new application fee.

c.

A complete application for a special land use permit shall be scheduled for a hearing date as required by DeKalb County.

d.

Applications for stealth and new support structures with accompanying telecommunications facilities shall be considered as one (1) application requiring only a single application fee.

e.

The posting of the property and public notification of the application shall be accomplished in the same manner required for any special land use permit application under this chapter.

f.

The director of planning must provide the applicant with a written decision of the board of commissioners approving, approving with conditions, or denying the request within one hundred fifty (150) days of the submission of the initial application unless:

i.

The director of planning notified applicant in writing that its application was incomplete within thirty (30) days of filing. If so, the remaining time from the one hundred-fifty-day total review time is suspended until the applicant provides the missing information in writing; or

ii.

An extension of time is agreed to by the applicant.

H.

General standards and design requirements .

1.

Design.

a.

Support structures shall be subject to the following:

i.

Designed to accommodate a minimum number of collocations based upon their height, as follows:

(i)

Support structures less than one hundred (100) feet in height shall be designed to support at least two (2) antenna arrays;

(ii)

Support structures between one hundred (100) and one hundred fifty feet (150) shall be designed to support at least three (3) antenna arrays; and

(iii)

Support structures greater than one hundred fifty (150) feet in height shall be designed to support at least four (4) antenna arrays.

ii.

The compound area surrounding the support structure must be a minimum eighty (80) feet by eighty (80) feet in size to accommodate accessory equipment for the appropriate number of collocations.

iii.

Property leased or purchased for the purpose of a telecommunication facility is not required to have minimum road frontage or lot area of the zoning district. However, the applicant must demonstrate access to a public road via an access easement.

b.

Stealth telecommunications facilities shall be designed to accommodate the collocation of other antennas whenever economically and technically feasible.

c.

Upon request of the applicant, the director of planning may waive the requirement that new support structures accommodate the collocation of other service providers if the director of planning determines that collocation at the site is not essential to the public interest and that the construction of a shorter support structure with fewer antennas would minimize adverse impact on the community. Additionally, the director may reduce the required size of the compound area if it can be demonstrated that the proposed compound is of sufficient size to accommodate the required number of co-locations.

2.

Setbacks.

a.

Property lines. Unless otherwise stated herein, stealth and new support structures shall be set back from all property lines a distance of the fall zone plus twenty (20) feet, or if adjacent to property zoned residential, the greater of (a) the fall zone plus twenty (20) feet or (b) one hundred (100) feet.

b.

Residential dwellings. There shall be no setback requirement from dwellings located on the same parcel as the proposed structure.

c.

Unless otherwise stated herein, all accessory equipment shall be set back from all property lines in accordance with the minimum setback requirements in the underlying zoning district and any overlay district. Accessory equipment associated with an existing or replacement utility pole shall not be subject to setback requirements.

d.

The zoning board of appeals shall have the authority to vary any required setback upon the request of the applicant if:

i.

The applicant provides a letter stamped by a certified structural engineer licensed in the State of Georgia documenting that the proposed structure's fall zone is less than the requested setback; and

ii.

The proposed telecommunications facility, stealth or new support structure is consistent with the purposes and intent of this ordinance.

3.

Height .

a.

In non-residential districts, support structures shall be designed to be the minimum height needed to meet the service objectives of the applicant, but in no event shall exceed one hundred ninety-nine (199) feet in height as measured from the base of the structure to its highest point, excluding any appurtenances.

b.

In medium and high density residential districts, stealth support structures shall not exceed one hundred fifty (150) feet. Stealth support structures shall be measured from the base of the structure to the top of the highest point, excluding appurtenances. Any proposed stealth support structure shall be designed to be the minimum height needed to meet the service objectives of the applicant.

c.

In all zoning districts, the zoning board of appeals shall have the authority to vary the height restrictions listed in this section upon the request of the applicant and a satisfactory showing of need for a greater height. With its variance request the applicant shall submit such technical information or other justifications as are necessary to document the need for the additional height to the satisfaction of the zoning board of appeals.

4.

Aesthetics .

a.

Lighting and marking. Telecommunications facilities or support structures shall not be lighted or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

b.

Signage. Signs located at the telecommunications facility shall be limited to ownership and contact information, FCC antenna registration number (if required) and any other information as required by government regulation. Commercial advertising is strictly prohibited.

c.

Landscaping. The visual impacts of a tower shall be mitigated by landscaping. Unless located in heavily wooded areas, towers shall be landscaped with a landscape buffer which effectively screens the view of the tower compound from all sides. The use of existing plant material and trees shall be preserved to the maximum extent practicable and may be used as a substitute for, or in supplement towards, meeting landscaping requirements.

d.

Landscape buffers shall be a minimum of ten (10) feet in width and located outside the fenced perimeter of the tower compound.

e.

All landscaping shall be of the evergreen variety and shall conform to the county's buffer standards.

5.

Accessory equipment, including any buildings, cabinets or shelters.

a.

Accessory equipment shall be used only to house equipment and other supplies in support of the operation of the on-site telecommunication facility or support structure.

b.

Any equipment not used in direct support of such on-site operation shall not be stored on the site.

c.

Accessory equipment must conform to the setback standards of the applicable zoning districts. In the situation of stacked equipment buildings, additional screening/landscaping measures may be required by the director of planning in order to accomplish the purposes and goals of this section.

I.

[Sound provision.] No sound emanating from the facility generator during normal operations shall be audible above seventy (70) decibels which would allow normal conversation within fifteen (15) feet of the compound.

J.

Miscellaneous provisions.

1.

Fencing.

a.

Ground-mounted accessory equipment and support structures shall be secured and enclosed with a fence to a height of at least six (6) feet.

b.

Fencing shall be decorative, including brick or concrete columns.

c.

The director of planning may waive the requirement of subsection (j)(1)a. above if it is deemed that a fence is inappropriate or unnecessary at the proposed location in order to accomplish the purposes and goals of this section.

2.

Neighborhood identity. If located in residential area, towers may incorporate features that identify neighborhoods, such as banner arms or monuments.

3.

Abandonment and removal. If a support structure is abandoned, the director of planning may require that the support structure be removed, provided that the director of planning must first provide written notice to the owner of the support structure and give the owner the opportunity to take such action(s) as may be necessary to reclaim the support structure within sixty (60) days of receipt of said written notice. In the event the owner of the support structure fails to reclaim the support structure within the sixty-day period, the owner of the support structure shall be required to remove the same within six (6) months thereafter at the owner's expense. The county shall ensure and enforce removal by means of its existing regulatory authority.

4.

Multiple uses on a single parcel or lot. Telecommunications facilities and support structures may be located on a parcel containing another principal use on the same site or may be the principal use itself.

K.

Telecommunications facilities and support structures in existence on the date of adoption of this chapter.

1.

Telecommunications facilities and support structures that were legally permitted nonconforming uses on or before the date this chapter was enacted shall be considered a legal, lawful use, subject to the nonconforming use regulation in this chapter and state law.

2.

Ordinary maintenance may be performed on a nonconforming support structure or telecommunications facility.

3.

Collocation or modifications of telecommunications facilities on an existing nonconforming support structure shall not be construed as an expansion, enlargement or increase in intensity of a nonconforming structure and/or use and shall be permitted through the administrative approval of a building permit process.

( Ord. No. 15-06 , 8-25-2015)