§ 138-3313. Communication towers and antennas outside of county rights-of-way.

(a)

Purpose. Construction of towers and antennas should be designed in a manner to minimize the visual impacts of towers on the landscape and to ensure public safety. It is the intent of this section to encourage and allow communication equipment to be collocated on to an existing tower or structure. It shall be the intent of this chapter to allow for the reasonable expansion of technology in keeping with the 1996 Federal Telecommunications Act while providing reasonable regulation of communication towers and antennas to ensure that the county landscape is not adversely affected by the proliferation of tall towers.

(b)

Applicability.

(1)

The provisions of this section shall apply to the following uses and structures outside of the county's rights-of-way:

a.

Transmitting stations, remote radio and television uses and structures. This shall not apply to broadcast studios or office.

b.

Wireless communication antennae, towers, and associated structures.

(c)

Standards. The following provisions shall apply:

(1)

Freestanding communication towers and antennas shall be subject to the following height standards:

a.

Communication towers and antennas may be erected to a maximum of 20 feet above the height limits of the zoning district in which they are located.

b.

Communication towers which are designed to be camouflaged may be erected to a maximum of 75 feet or the maximum height described above, whichever is greater. Camouflage may include towers to be designed to resemble trees, palms, flag poles, and other similar feature.

c.

The heights of these structures or appurtenances thereto shall in no case exceed the height limitations prescribed by the Federal Aviation Agency within the flight approach zone patterns of airports.

(2)

Freestanding communication towers shall be subject to following setback standards:

a.

All towers and supporting equipment shall meet district setback requirements.

b.

New towers shall be set back from abutting residential property lines a distance equal to the height of the tower.

c.

These setback restrictions do not apply to communication equipment attached to utility poles or similar feature in the public right-of-way.

d.

These setback restrictions may be reduced for self-collapsing tower designs, subject to a Type 2 approval. The applicant shall demonstrate that the reduced setbacks will not create a safety hazard.

(3)

Antennas and supporting mechanical equipment may be installed on or attached to buildings, light poles, other existing towers, water towers, or other existing structures in any zoning district. Such antennas shall add no more than 20 feet in height above the existing structure and shall be a neutral color similar to that of the supporting structure.

(4)

Supporting equipment buildings shall be compatible with the architecture of the neighborhood in which located.

(5)

Towers and supporting structures shall be a neutral, non-glare color or finish so as to reduce visual obtrusiveness (except as may otherwise be required by the Federal Aviation Authority).

(6)

Any tower or antenna which is not operated for a period of 180 days or more shall be considered abandoned and subject to the following standards:

a.

Upon written notification by the county, the owner shall remove the tower or antenna within 60 days. Failure to do so shall constitute a violation of this Code.

b.

Upon such written notification any previously granted variance or special exception shall terminate.

c.

Abandonment shall not include towers or antennas damaged by forces beyond the control of the operator, where the operator is proceeding in good faith to restore the facility to operational status.

d.

A tower or antenna shall be considered operational so long as an antenna and corresponding electronics, in operational condition, are present, at the facility or undergoing repairs in accordance with the above.

(7)

Towers shall include the following safety features:

a.

Towers shall be enclosed by security fencing a minimum of six feet in height.

b.

Towers shall be equipped with warning lights in accordance with FAA standards regardless of height.

(8)

Towers shall not be used for the placement of advertising or signs other than warning signs or devices.

(9)

Communication towers and antennas may seek flexibility to the standards in this section subject to Type 2 approval. Conditions may be imposed on the structure(s) to ensure compatibility and safety with adjacent properties.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)