Item #5

Provides information about requesting a reduction of the setbacks for telecommunication facilities and the criteria to be considered. The proposed amendment also contains formatting revisions for consistency in the LDO.

5.2.4     Industrial Uses

(D)        Telecommunications Facilities

(1)        Concealed (Stealth) Antennae and Towers

Concealed (stealth) antennae and towers, whether building-mounted or freestanding, are special uses in residential zoning districts. Concealed towers shall comply with applicable height and setback requirements set forth in subsections (2) and (3) below. An increase of fifty (50) feet in tower height for each additional user's antenna with no increase in setbacks shall be granted, provided however that reasonable evidence is provided showing that the need for an additional tower is eliminated.

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(2)        Other Building-Mounted Antennae and Towers

Non-stealth, building-mounted towers may be located on non-residential buildings at the heights set forth in the following table:

(3)        Other Freestanding Towers

A special use permit is required to erect any non-stealth, freestanding tower within two hundred (200) feet of an existing residential and/or mixed use district or overlay unless the property is being used for non-residential uses. Freestanding non-stealth telecommunication towers located more than two hundred (200) feet from an existing residential and/or mixed use district may be permitted without a special use.

(a)        Co-Location Required

1.         Each new tower shall be designed to accommodate one additional user's equipment for every twenty-five (25) feet of tower height above seventy-five (75) feet.

2.         Applicants seeking a special use permit for antenna tower(s) greater than seventy-five (75) feet in height, and proposed to be located within 3,000 feet of any communication tower greater than seventy-five (75) feet in height, shall provide evidence that reasonable efforts have been made to lease space on an existing planned or constructed tower(s) or that no existing tower(s) will technically satisfy the applicant's needs.

3.         An increase of fifty (50) feet in tower height for each additional user's antenna with no increase in setbacks shall be granted, provided however that reasonable evidence is provided showing that the need for an additional tower is eliminated.

(b)        Height

The maximum permitted height for freestanding towers is three hundred fifty (350) feet.

(c)        Setbacks

1.         All towers, both concealed and not concealed, shall be set back from all existing dwellings and other residentially zoned property by a minimum of two hundred (200) feet, or at least two (2) times the height of the proposed tower, whichever is greater.  Properties which are residentially zoned but are used for non-residential (e.g., schools, libraries, etc.) shall follow the setbacks for properties zoned non-residential.

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2.         All towers, both concealed and not concealed, on property zoned non-residential shall be set back from the property boundary a distance equal to the height of the proposed tower.

3.         In considering an application for special use and/or site plan for telecommunications facilities, the Town Council may grant a reduction of the minimum required setbacks listed in Section 5.2.4(D) upon consideration of circumstances or aspects which reduce the off-site effects of the facility on adjacent properties. Such circumstances or aspects may include, but are not limited to: topography; berms; the proximity of existing or potential uses; existing vegetation and improvements made or proposed to the site to obscure or reduce the visibility of the tower from adjacent properties; the concentration of existing and/or proposed towers in the area; and whether the height, design, placement or other characteristics of the proposed tower could be modified to have a less intrusive impact.

If a request for reduction of the minimum required setbacks listed in Section 5.2.4(D) is associated with a telecommunication facility that is listed as a “Permitted Use” under Section 5.2 of this Ordinance, the site plan and related request for reduction of the setback(s) shall be reviewed and approved in accordance with Section 3.9.2(H). Requests under this sub-section may be approved provided that such action is not, in the opinion of the Town Council, inconsistent with the general purposes and applicable approval criteria of this Ordinance. The Town Council, in considering any request(s) for reduction of the minimum required setbacks under this Section, shall make specific findings justifying the granting or denying of any such request(s).

(d)        General Development Standards

1.         Design and Neighborhood Compatibility

a.         The exterior appearance of all towers and associated support structures and buildings shall be compatible with the other buildings in the surrounding area.

b.         The Town Council may require the applicant to apply to the Federal Aviation Administration (FAA) for compliance with FAA standards for a dual lighting system rather than a red and white marking pattern, when the Council determines such a marking pattern would cause aesthetic blight due to the visibility of the tower.

c.         Support buildings located in any residential district may not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.

d.         No advertising sign or logo shall be permitted on any telecommunications facility.

e.         The decision-making body may require any other conditions to mitigate the impact of the tower on adjacent properties and uses.

2.         Buffering and Screening

a.         All fences and walls shall be screened with Type A buffer requirements (see Section 7.2.3).

b.         The base of the tower and each guy anchor shall be surrounded by a fence or wall at least eight (8) feet in height.

c.         The Town Council may require all antenna(ae) be appropriately screened to safeguard surrounding property provided that such screening will not interfere with the transmission and/or reception capabilities of any antennae located on the tower.

3.         Technological Requirements

a.         Output power levels from the tower and/or all associated antennae shall not exceed the current federally approved levels for the tower as a whole for exposure to electromagnetic radiation.

b.         Radio, television, or other electromagnetic transmission(s) or reception on other properties shall not be disturbed or diminished.

4.         Existing Towers

New antennae may be co-located upon towers that exist on the effective date of this Ordinance. However, such existing towers may not be increased in height without obtaining a special use permit.

(4)        Outside Experts and Disputes

(a)        Siting of telecommunications facilities may involve complex technical issues that require review and input by outside experts. Staff may require the applicant to pay the reasonable costs of a third-party technical study of a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision-making body.

(b)        If an applicant for a telecommunications facility claims that one (1) or more standards of this Ordinance are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision-making body may require that the application be reviewed by a qualified engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant.