Sec. 24-475. Telecommunication towers and antennas.
(a) Telecommunication towers and antennas shall comply with the following development standards:
(1) Towers and antennas shall be allowed as special exceptions only in nonresidential districts, subject to the approval of the Board of Zoning Appeals. If a height developmental variance is required, the Board of Zoning Appeals will consider the variance at the same time as the special exception.
(2) A tower or antenna may encroach into the required side yard or rear yard so long as the side or rear lot line does not abut a residential district. No tower or antenna may be erected between the front of the principal building and the street.
(3) A tower or antenna may not be illuminated by artificial means or display strobe lights unless such lighting is specifically required by federal or state law for that tower.
(4) A solid visual buffer or screen of at least five (5) feet in height shall be provided on all sides of a tower. The visual buffer may be a fence or landscaping or a combination of fence and landscaping.
(5) No sign (other than a warning or equipment information sign needed for health and safety purposes) may be affixed to a tower.
(6) Any telecommunications services provided or transmitted via a tower or antenna must comply with all federal and state laws regulating interference levels and emissions.
(7) In the case of an application for a special exception seeking approval for the erection of a new tower, the Board of Zoning Appeals shall, before approving such a special exception, require the applicant to make a written commitment that:
a. If technologically feasible, the tower will be designed and erected in such manner that it can reasonably accommodate the equipment of up to four (4) wireless telecommunications service providers;
b. The owner of the tower will offer to any wireless telecommunications service provider that seeks to co-locate its equipment on the tower commercially reasonable lease or license terms, to accomplish the purpose of minimizing the number of such towers that must be erected in the Town;
c. The owner of the tower will notify the Town Manager within thirty (30) days after any oral or written communication from a wireless telecommunications service provider inquiring about co-location on the tower, providing the Town Manager with the name and address of the provider making the inquiry; and
d. For purposes of section 24-475, "wireless telecommunications service providers" include public agencies that have equipment requiring location on a tower.
(8) Enforcement. A commitment made under subparagraph (g) above shall be recorded pursuant to state statute and may be enforced by the Town or by any wireless telecommunications service provider that desires to co-locate its equipment on the tower subject to the commitment. If, after thirty (30) days notice from the Town, a person subject to a binding commitment refuses to honor or abide by such commitment, the special exception approval may be revoked by the Board of Zoning Appeals.
(b) The request for a special exception for a telecommunications tower or antenna shall submit the following:
(1) A site plan that shows the location of the tower and of all the other structures on the subject parcel and the locations of all structures on adjacent parcels.
(2) A report from a qualified professional engineer that:
a. Describes the tower height and design including a cross section and elevation;
b. Documents the height above grade for all potential mounting positions for collocation of equipment and the minimum recommended separation distances between wireless telecommunications service antennas;
c. Describes the tower's capacity, including the number and types of antennas that it can accommodate;
d. Documents that the applicant will operate the tower and any attached antennas in compliance with applicable federal and state law;
e. Documents that the applicant has, before filing the application, investigated the possibility of collocation with the owners of all other towers in the vicinity; and
f. Includes any other information that may be reasonably requested by the Town Manager as necessary to evaluate the application.
(4) Before a tower or antenna is placed in service, the owner shall submit to the Town Manager a report from a qualified professional engineer that demonstrates that the tower complies with all structural and electrical standards.
(c) If a tower is abandoned or is unused for a period of six (6) months, the owner shall remove the tower and all associated facilities from the site. Such removal shall be completed within twelve (12) months of the cessation of operations at the site. In the event that a tower is not removed within the required twelve-month period, the Town Manager may remove the tower and the associated facilities, and the costs of such removal shall be assessed against the owner of the parcel.
(d) Any telecommunications tower or antenna in existence or operation as of the effective date of the ordinance from which this chapter derives may continue to exist and operate as a nonconforming use. Such a tower or antenna may be repaired, reconstructed, replaced or maintained without a variance or special exception approval so long as the use is not substantially altered and the height of the antenna or tower is not increased.