§ 44-5. Application procedure and requirements; permits required for the construction and/or modification of telecommunications facilities; exceptions; criteria for review.

(a)

Application procedure and requirements. Application for all construction and/or modification of a telecommunications facility shall be made to the building permits department prior to the commencement of construction and/or modification. The following information is required for, and should be submitted with, the application:

(1)

Engineering report. A report from a qualified engineer or engineering firm, which shall include:

a.

A scaled plan and elevation view, including a cross section and elevation, supporting drawings, calculations, documentation showing the location and dimensions of the structure, all improvements, and appurtenances associated therewith, including information concerning antenna support structure specifications, antenna locations, equipment facilities, topography, radio frequency coverage, projected power density, and tower height requirements.

b.

Documentation of the height above grade for potential mounting positions for collocated antennas and the minimum separation distances between antennas.

c.

Description of the facility's capacity and power density, including the number and type of antennas that it can accommodate.

d.

Documentation of the structural integrity of the antenna support structure, as set forth in section 44-7(d). The applicant may satisfy the requirements of this subsection by submitting the manufacturer's detailed plans and specifications along with the manufacturer's certification that the telecommunications structure has been constructed according to those plans and specifications, provided the manufacturer's plans and specifications comply with the requirements set forth in section 44-7(d).

(2)

Site plan. The applicant shall submit a diagram or map which provides a description of the environment surrounding the proposed telecommunications facility and which illustrates the visual impact of the proposed facility. The site plan submitted by the applicant shall be to scale and include: north arrow, location of facility on site, topography of site, setbacks, height of structure, equipment facilities, access to site, adjacent roads, parking, fences, landscaped areas, and adjacent property uses. The site plan may include photo simulations, drawings, or the like of the proposed facility from affected agricultural, residential, commercial properties, structures and sites of historical significance, and rights-of-way at distances of 500 feet and 1,500 feet.

(3)

Architectural designs. The applicant shall demonstrate that the proposed facility is architecturally designed to blend in with the surrounding environment. In this regard, ground mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

(4)

Site landscaping design and maintenance. The applicant shall submit a site landscaping and maintenance plan as set forth in section 44-7(g).

(5)

Geographic coverage description of site location. The applicant shall provide a general description of the geographic area for which the telecommunications facility will provide coverage.

(6)

Air navigation information. Air navigation information to include all private and public airfields, landing strips and runways within a five mile radius of the proposed site. In the alternative, applicant shall certify that it has conducted an aeronautical study on the navigable airspace within a five-mile radius of the proposed site.

(7)

Statement of security fencing. The applicant shall submit a security fencing plan as set forth in section 44-7(h).

(8)

Certificate of insurance. Applicant must produce a certificate of insurance demonstrating protection against claims for bodily injury, personal injury, and property damage in amounts not less than $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate.

(9)

Inventory of existing sites. Each application shall include a site inventory including a list and a map showing all the applicant's existing telecommunications facility sites within the county and within one mile of the county's boundaries in those counties adjacent to the county. The list shall include the following information for each such site:

a.

Street address;

b.

Land lot, section district, and parcel number;

c.

Zoning district;

d.

Type of building, if applicable (commercial, residential, mixed use), and number of stories;

e.

The location and type of tower/antenna installation (stand-alone rooftop, building facade, lattice tower, monopole, etc.);

f.

The location of the base transceiver station installations;

g.

The height from grade to the top of the antenna installation;

h.

The radio frequency range in megahertz;

i.

All other telecommunication facility sites within 2,000 feet of the proposed location.

(10)

Preferred/disfavored location status. The applicant shall indicate in which location site, as identified in section 44-4(a), the proposed facility will be located. If the proposed location is not to be located in a preferred location as defined in section 44-4(a)(1), the applicant shall provide an explanation of how and why the proposed site is essential to meet service demand for the geographic service area and countywide network.

(11)

Favored/disfavored structure status. The applicant shall indicate which type of antenna support structure, as identified in section 44-4(b), the proposed facility will utilize. If the proposed antenna support structure is not a favored antenna support structure, as defined in section 44-4(a)(1), the applicant shall provide an explanation of how and why the proposed antenna support structure is essential to meet service demand for the geographic service area and countywide network.

(12)

Evidence of collocation efforts. Evidence that the applicant has investigated the possibilities for locating the proposed facility on an existing antenna support structure, the use of stealth technology or alternative antenna support structures, or siting at another location where an equal or more optimal level of coverage can be provided while minimizing visual obtrusiveness. Such evidence shall consist of:

a.

Certified copies of letters sent to owners of all existing facilities within a five-mile radius of the proposed site, requesting the following information:

1.

Antenna support structure height and base elevation above sea level;

2.

Existing and planned facility uses;

3.

Whether the existing antenna support structure could accommodate the proposed antenna without causing instability or radio frequency interference; and

4.

If the proposed antenna cannot be accommodated on an existing antenna support structure, an assessment of whether the existing antenna support structure could be structurally modified, the antenna's transmitters and related equipment could be protected from electromagnetic interference, and a general description of the means and projected cost of shared use of the existing antenna support structure;

b.

Copies of all responses to the certified letters required in this subsection (a)(12) that are received within 30 days of the mailing date of the certified letter;

c.

A summary explanation of why the applicant believes the proposed facility cannot be located on an existing antenna support structure; and

d.

A summary explanation of why the applicant believes that the use of an alternative antenna support structure is not possible.

(13)

Other required information.

a.

Applicant's notarized authorization to act on behalf of property owner, if applicable;

b.

Copy of warranty deed of the subject property;

c.

Property owner's notarized certification of ownership and zoning compliance;

d.

Political/financial disclosure statements by owner and applicant;

e.

Application fee; and

f.

Any information that is required by other sections of the county zoning ordinance.

(b)

Permits required for the construction and/or modification of telecommunications facilities. Except as provided in subsection (c) of this section, the construction and/or modification of any telecommunications facility shall require the applicant to obtain both a conditional use permit and a building permit.

(c)

Exceptions. The following shall require only a building permit:

(1)

Collocating to an existing antenna support structure, provided the collocation does not increase the height of the existing antenna support structure and the proposed addition otherwise complies with the standards described in this chapter.

(2)

Modifications of existing antenna support structures so as to accommodate for collocation, provided the modification does not increase the height of the existing antenna support structure and the proposed addition otherwise complies with the standards described in this chapter.

(3)

A proposed telecommunications facility which utilizes a favored antenna support structure as defined in section 44-4(b)(1) and which will be located on a preferred location site as defined in section 44-4(a)(1).

(d)

Conditional use permits; procedure. Unless excepted by subsection (c) of this section, an applicant's application, when all required information has been provided and the application is considered complete, shall be forwarded by the building permits department to the county planning commission for consideration, review, and determination by the planning commission in accordance with the standards and procedures set forth in this chapter, and sections 50-297 and 50-328, for determination of whether a conditional use permit shall be granted.

(e)

Building permit requirements; procedure. Application for a building permit shall be made to the county building permits department and shall include, in addition to that listed under subsection (a) of this section, the following:

(1)

An itemized list of all equipment cost associated with the proposed telecommunications facility;

(2)

Written certification from the applicant that the proposed telecommunications facility meets all FAA and FCC standards and regulations;

(3)

An application fee, as set by the county building permits department; and

(4)

Any other information required by other sections of the county zoning ordinance for the issuance of a building permit.

(f)

Criteria for review. The following criteria shall be used by the appropriate reviewing body when making an official decision on an application for the construction, modification, or collocation of a telecommunications facility:

(1)

Determination of whether the applicant is in conformity with goals set forth in this chapter, the county zoning ordinance, and the comprehensive plan;

(2)

Determination of whether the applicant has cooperated with other telecommunications providers in collocating additional antennas on antenna support structures and/or on existing buildings provided said proposed collocators have received a telecommunications facility building permit;

(3)

Determination of whether the applicant meets or exceeds the requirements and/or development standards as set forth in this chapter;

(4)

A review of all other standards available to the reviewing body as set forth in section 50-297;

(5)

No permit shall be denied on the basis of the environmental effects of radio frequency emissions to the extent that the telecommunications structure complies with FCC regulations concerning emissions.

(Res. of 7-29-2002, § 17.5; Ord. of 12-7-2004, art. XVII, § 17.5)