<div class="chunk-title">Sec. 72-46. - Requirements.</div>
<div class="chunk-content">
            <p class="p0">
               In determining whether or not to issue a permit for the erection of a wireless communications
               facility, the ordinance administrator shall act in accordance with the provisions
               as follows:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Government owned property must be considered first in siting a wireless communications
                  facility.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  The applicant shall be required to provide documentation satisfactory to the ordinance
                  administrator of compliance with all applicable federal and state regulations.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  The applicant must present to the ordinance administrator proof of either fee simple
                  ownership, a recorded leasehold interest, or an easement from the record owner of
                  all property within a radius equal to the height of the tower, plus 50 feet. The required
                  area may include department of transportation right-of-way if the applicant provides
                  written consent to that effect by the division engineer. The application shall include
                  a certified title opinion by a licensed attorney.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  The lighting on the proposed tower shall be no more than is required by applicable
                  federal and state regulations, or requested by other governmental agency. Strobe lights
                  shall be red at night and may be either red or white during daylight unless otherwise
                  required by federal or state regulations. Towers shall be light gray or another blending
                  color, except when required by applicable federal or state regulations.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  Wireless communications facility permit approval is conditional upon the owner providing
                  written authorization that the tower may be shared by other wireless communications
                  facilities at customary and usual charges. The owner shall record in the office of
                  the register of deeds a letter of intent prior to the issuance of a permit. The letter
                  of intent shall bind all subsequent owners of the approved wireless communications
                  facility.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  The proposed tower shall be designed and constructed to permit the capability for
                  co-location of at least one other equal antenna array if the tower is taller than
                  100 feet. All towers with a height over 150 feet shall be designed and constructed
                  to permit the co-location of three or more antenna arrays. A WCFP shall not be issued
                  until the applicant proposing a new wireless telecommunication facility has demonstrated
                  by substantial evidence in a written record that a bona fide need exists for the proposed
                  wireless communication facility and that no reasonable combination of locations, techniques,
                  or technologies will eliminate the need for, or mitigate the height or visual impact
                  of, the proposed facility. The written record will include consideration of existing
                  towers, buildings, and suitable electric transmission structures.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  The applicant must be willing to allow the county or other public entities use of
                  the tower under reasonable terms and conditions if a request is made for such use
                  within 30 days of the filing of the permit application, if tower load and frequency
                  issues are met.
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  The applicant must provide the ordinance administrator with proof of general liability
                  insurance in the minimum amount of $1,000,000.00.
                  </p>
               		
               
               <p class="incr1">
                  (9)
                  </p>
               		
               <p class="content2">
                  If the tower, or the equipment on the site, is of a type which will emit a continuous
                  or frequent noise, the applicant must prove to the satisfaction of the ordinance administrator
                  that sufficient actions are being taken to prevent such noise from being audible to
                  surrounding residents and businesses.
                  </p>
               		
               
               <p class="incr1">
                  (10)
                  </p>
               		
               <p class="content2">
                  The tower shall be surrounded by a commercial grade chain link secured fence at least
                  eight feet in height, which can include no more than two feet of barbed wire. The
                  perimeter will be buffered by landscaping vegetation. Vegetation not less than two
                  feet in height at the time of planting shall be planted within eight feet of the outer
                  side of the fence. Vegetation that serves as screening shall be planted at intervals
                  evenly spaced and in proximity to each other so that a continuous, unbroken hedgerow,
                  without gaps or open spaces, will exist to a height of at least six feet along the
                  length of the fence surrounding the facility. At a minimum, the vegetation shall be
                  maintained in this condition as long as the property is used as a telecommunications
                  facility. However, if the topography and terrain of adjacent lands is such that screening
                  would be ineffective or useless, the ordinance administrator may waive all or parts
                  of the fencing and screening requirements.
                  </p>
               		
               
               <p class="incr1">
                  (11)
                  </p>
               		
               <p class="content2">
                  Height and distance standards. The following height standards shall apply to all wireless
                  communication facility installations:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Attached wireless communications facilities shall not add more than 20 feet to the
                  height of the existing building or structure to which it is attached (attachment structure).
                  However, antenna attachments to existing communication towers shall not increase the
                  height of tower above the maximum permitted height of that attachment tower.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Towers shall be less than 200 feet in height.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  No tower located on any protected mountain ridge shall have its highest point at an
                  elevation greater than 20 feet higher than the vegetation canopy immediately surrounding
                  the base of the tower, or at the nearest point on the crest of the ridge, whichever
                  point is most favorable to the applicant.
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  No two telecommunications towers shall be constructed within 1,320 feet of each other
                  unless documentation is provided to the ordinance administrator showing one or both
                  of the following conditions exist:
                  </p>
               		
               <p class="incr3">
                  1.
                  </p>
               		
               <p class="content4">
                  Co-location on towers within 1,320 feet is not technically feasible.
                  </p>
               		
               <p class="incr3">
                  2.
                  </p>
               		
               <p class="content4">
                  Three or more towers already exist within 20 feet of the proposed site.
                  </p>
               		
               
               <p class="incr1">
                  (12)
                  </p>
               		
               <p class="content2">
                  A sign identifying the owner(s) and operator(s) of the tower and all equipment located
                  thereon, and an emergency telephone number shall be placed in a clearly visible location
                  near the wireless communications facility.
                  </p>
               		
               
               <p class="incr1">
                  (13)
                  </p>
               		
               <p class="content2">
                  The applicant must provide documentation that written notice by certified mail of
                  the applicant's intent to apply for a permit to erect the wireless communications
                  facility has been sent to all adjoining landowners of the proposed facility site and
                  all owners of residential dwellings, day care centers, and schools within 500 feet
                  of the proposed tower facility. No permit shall be issued for a period of 30 days
                  after sending of the notice, unless the ordinance administrator receives written statements
                  from all parties required to be noticed indicating that they have no objection to
                  the facility.
                  </p>
               		
               
               <p class="incr1">
                  (14)
                  </p>
               		
               <p class="content2">
                  The application must be accompanied by payment of a nonrefundable processing fee.
                  A wireless communications facility permit (WCPF) must be renewed annually, and must
                  be accompanied by a nonrefundable processing fee. The county board of commissioners
                  shall establish processing fees, and may amend and update the fees annually during
                  the budget process.
                  </p>
               		
               
               <p class="incr1">
                  (15)
                  </p>
               		
               <p class="content2">
                  The applicant shall identify any variance(s) to the ordinance, the reason(s) for seeking
                  the variance(s) and any measures that are proposed to mitigate possible adverse affects
                  of the proposed variance(s).
                  </p>
               		
               
               <p class="incr1">
                  (16)
                  </p>
               		
               <p class="content2">
                  If construction is not begun within six months after the wireless communications facility
                  permit is issued, the permit shall expire. Prior to the expiration of the six-month
                  period, the applicant may request an extension of the permit for an additional six
                  months from the ordinance administrator, which shall be granted upon proof that the
                  delay was caused primarily by reasons beyond the applicant's control. There shall
                  be no limit to the number of extensions granted so long as the request is timely submitted
                  and supported by adequate proof that the delay was not caused by the applicant.
                  </p>
               		
               
            <p class="historynote0">
               (Ord. No. 97-1-10, art. IV, Â§ A, 1-21-97; Ord. No. 97-11-1, 11-18-97; Ord. No. 99-5-3,
               Â§ 1, 5-4-99; Ord. No. 11-06-05, Â§ 1, 6-7-11)
               </p></div>