§ 62-1953. Wireless telecommunication facilities and broadcast towers.

Wireless telecommunication facilities and broadcast towers may be permitted as a conditional use subject to the applicable requirements of article VI, division 7, section 62-1901(c) and this section.

(1)

In addition to the general review criteria in section 62-1901(c), the board shall consider the following:

a.

The aesthetic effects of the proposed tower on surrounding areas as well as mitigating factors concerning aesthetics.

b.

The board may disapprove an application on the grounds that the proposed tower's aesthetic effects are incompatible, or may condition approval on changes in tower height, design, style, buffers, or other features of the wireless communications facility or its surrounding area. Such changes in non-broadcast installations need not result in performance identical to that of the original application.

c.

Factors relevant to aesthetic effects include: the protection of the view in sensitive or scenic areas and areas specially designated in adopted plans such as unique natural features, scenic roadways and historic sites; the concentration of towers in the proposed area; and whether the height, design, placement or other characteristics of the proposed tower could be modified to have a less intrusive visual impact.

d.

If board determines that the proposed additional service of non-broadcast facilities, coverage, or capacity to be achieved by the location of the proposed facility can be achieved by use of one or more alternative existing wireless communications facilities addressed in this section, which better serve the stated goals set forth in section 62-2402, it may deny the proposed antenna support facility application.

(2)

A waiver to the maximum tower heights for wireless telecommunications facilities established in section 62-2422(2) may be considered. The applicant must demonstrate the technical necessity for the proposed tower height in excess of the maximum designation and provide written certification from a radio frequency (RF) engineer licensed in the state stating that the maximum height recommendation will not satisfy the proposed service network objective and that the proposed height is the minimum necessary to satisfy those needs.

(3)

A conditional use permit or building permit for a wireless communication facility or broadcast tower shall expire if a site plan for the tower (if required) is not submitted within one year of approval or if construction does not commence within three years of approval.

(4)

Prior to effecting the removal of any tower, the county shall provide notice and an opportunity to be heard to both the landowner and the CUP holder who shall show cause why the tower should not be removed in accordance with the provisions and requirements of the ordinance. A notice describing the reason for removal and the date of a hearing before the county commission shall be served by certified mail, fax, actual delivery, or U.S. mail (if otherwise undeliverable) at least 21 days prior to the hearing. The time for effecting removal shall be tolled pending a final determination by the board or, if an action is filed, by a court with jurisdiction.

(Ord. No. 2014-30, § 43, 10-2-14)

Editor's note

Ord. No. 2014-30, § 42, adopted October 2, 2014, repealed § 62-1953 in its entirety, and § 43 enacted a new § 62-1953 to read as set out herein. Former § 62-1953 pertained to towers and antennas and was derived from Code 1979, § 14-20.16.2(B)(52); Ord. No. 97-11, § 1, adopted March 25, 1997; Ord. No. 97-15, § 1, adopted May 27, 1997; Ord. No. 98-57, § 1, adopted November 30, 1998; Ord. No. 99-64, § 1, adopted December 14, 1999; Ord. No. 02-05, § 1, adopted January 15, 2002; Ord. No. 03-35, § 2, adopted August 7, 2003; Ord. No. 06-38, §§ 1, 2, adopted July 11, 2006; Ord. No. 2010-22, § 1, adopted November 23, 2010; Ord. No. 2012-07, § 1, adopted February 21, 2012; Ord. No. 2012-35, § 1, adopted November 13, 2012.