§ 37.R. WIRELESS COMMUNICATION TOWERS AND FACILITIES - GENERAL PROVISIONS.

R.

Wireless Communication Towers and Facilities — General Provisions.

1.

Purpose: The standards of this section are performance standards for wireless communications facilities, so as to provide for such facilities in a safe, efficient and orderly manner. To maximize the use of existing facilities, to encourage the co-location of facilities to reduce the number of new communication towers that are needed to provide service and to minimize the adverse visual effect of such towers through careful design and siting.

2.

Definitions. The following definitions apply to Wireless Communication Towers and Facilities.

Amateur Radio Antennas: Antennas being used for the non-commercial transmission and/or reception of Amateur (HAM) Radio, or Citizens Band Radio signals by federally licensed amateur radio or Citizens Band Radio operators.

Alternative Tower Structure: Vertical components not generally designed for use as antenna support structures including, but not limited to, structures such as church steeples, ballpark light poles and water towers.

Antenna: The arrangement of wires, poles, rods or similar devices used in the transmitting and/or receiving of electromagnetic signals.

Antenna Height: The overall vertical height of the antenna support structure of the communication tower as measured from the established average finished grade within five feet of the structure.

Antenna Support Structure: Any structure, mast, pole, tripod or tower utilized for the purpose of supporting an antenna or antennas for the purpose of transmission and/or reception of electromagnetic signals.

Camouflage: The integration of a communication facility with an existing building or structure such that the communication facility is concealed.

Conceal: To place out of sight or to prevent recognition or disclosure of the true character of an object.

Co-location: A condition that exists when more than one wireless communication provider mounts equipment (antennas, dishes or similar devices) on a single communication tower or antenna support structure.

Communication Tower: A mast, pole, monopole, guyed tower, lattice tower, free-standing tower or other similar structure designed and primarily used as an antenna support structure for wireless communication purposes, such as cellular, PCS or other telephone service, paging, microwave, short wave, video and/or television signals.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

PCS: Personal Communications Services.

Wireless Communication: A commercial systems designed and operated by a provider(s) for the transmission and reception of electromagnetic signals to and from multiple transmitter locations to multiple reception locations.

Wireless Communication Facility: A facility that transmits and/or receives electromagnetic signals used for commercial wireless communications. The communication equipment may include, but is not limited to, antenna support structures, communication towers with attached appurtenances, equipment buildings and ground-mounted satellite dishes and antenna used by a wireless communication provider.

3.

Exemptions. The provisions of the Wireless Communications Facilities section shall not apply to Amateur Radio or Citizens Band Radio signals by federally licensed amateur radio or Citizens Band Radio Antennas being used for the non-commercial transmission and/or reception of Amateur (HAM) Radio operators.

4.

General Provision.

a.

Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses to the principal use of the property.

1)

Singular monopoles are encouraged. Structures which require the use of guy wires are discouraged.

2)

Commercial communications towers should be located away from residential properties.

3)

Commercial communications towers should avoid locations that are immediately adjacent to a public right-of-way.

b.

Lot Size. For the purposes of determining whether the installation of a tower or antenna complies with district development regulations including, but not limited to, setback requirements, lot-coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on a separately leased portion of the lot.

c.

Appearance.

1)

Improvements comprising a wireless communication facility shall, to the extent possible, use materials, colors, textures, screening and landscaping to blend them into the natural and surrounding setting. Mechanical equipment should not be visible from beyond the boundaries of the site.

2)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the application shall contain a list of optional light devices and a statement of the reason for selection of the light device specified over each option. Economy and serviceability are among acceptable criteria for selection.

3)

All towers, antennae and wireless communication facilities must meet or exceed the standards and regulation of the FAA, the FCC and any other agency of the state or federal government with authority to regulate them or their components.

4)

Towers, antennae and wireless communications facilities shall be maintained in compliance with standards contained in applicable state or local building codes and the applicable health and safety standards established by the FCC or other bodies having jurisdiction, as amended from time to time. Towers, antennae and wireless communication facilities which are not in compliance shall be removed at the owner's expense if not brought into compliance within 30 days after written demand by Mohave County.

5)

Setbacks and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries.

6)

Towers, antennae and wireless communications facilities shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.

7)

No advertising signs or banners shall be allowed on towers, antennae and wireless communications facilities.

8)

Except as provided in this section all buildings, use processes and requirements, including height restrictions, of the applicable zone shall apply to towers, antennae and wireless communications facilities.

9)

Building mounted or roof top mounted equipment shall be placed in such a manner as to be compatible with the existing structure. There should be as little contrast as possible between the architecture of the structure and the communications equipment. Integration of the communications equipment into the architecture of the structure is encouraged.

d.

Proximity to residences. The limitation on location of towers within 300 feet of residences in Section 37.R.5.a.7 does not apply to residences that are located on properties in commercial or industrial zones.

5.

Special Use Permits.

a.

General. The following provisions shall govern the issuance of Special Use Permits for towers, antennae and wireless communications facilities:

1)

If the tower or antenna is not a permitted use, then a Special Use Permit shall be required for the construction of a tower, antennae and wireless communications facilities in all zoning districts.

2)

Applications for Special Use Permits for a wireless communication facility shall be subject to the procedures and requirements for Special Use Permits generally, except as modified in this section.

3)

Appropriate fee as adopted by the Board of Supervisors.

4)

In granting a Special Use Permit, Mohave County may impose conditions to the extent that such conditions carry out the purposes of this section.

5)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, structural or electrical, shall be certified by a Professional Engineer licensed in the State of Arizona.

6)

Any modification to an existing facility shall require the existing facility to comply with all terms of this section and all other Federal, State, and Mohave County Codes and ordinances.

7)

No new facilities within 300 feet of any residences, including single and multiple family residences and residential facilities such as group homes and nursing homes shall be permitted unless otherwise allowed in paragraph D of this section.

b.

Performance Criteria. The following characteristics are deemed to be consistent with the purposes of this section and will afford favorable weight in considering the Special Use Permit application:

1)

Existing structures will be preferred over new structures.

2)

New structures that appear to be structures commonly found within that zone are preferred over apparent wireless structures.

3)

Towers, antennae and wireless communications facilities that cannot be readily observed from adjacent street are preferred.

4)

A Board of Adjustment may approve a variance for a tower exceeding the height limitation for the zone if it finds that the granting of the variance will not materially affect the health or safety of persons residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood

5)

Co-location of multiple uses on a wireless communications facility will have significant favorable weight in evaluation of the Special Use Permit application.

6)

Suitability of the location for co-location of governmental public service wireless communication facilities.

c.

Application. Each application shall be on the Special Use Permit form provided by Mohave County and shall be accompanied by:

1)

The completed Mohave County Special Use Permit Application.

2)

The setback distance between the proposed wireless communication facility and (1) the nearest residential unit and (2) the residential zoned properties within 300 feet of the wireless communication facility.

3)

The separation distance from other towers described in the inventory of existing sites, their type of construction and the owner's name and address.

4)

Certification that the wireless communication facility, as represented in the application, will comply with all FAA, FCC and other applicable regulations.

5)

A map of all wireless communication towers, the coverage and gap in coverage within an area of not less than two (2) miles. Area must be of sufficient size to demonstrate need for an additional tower.

d.

Standards. In addition to any standards for consideration of Special Use Permit applications, the following shall be considered in determining whether to issue a Special Use Permit: height proposed, proximity to other uses, historic sites, landmarks, vehicle traffic routes, medical facilities, air routes, topographical features, utilities, access and suitability of alternative sites.

6.

Co-Location. The policy of this section is to encourage co-location to the maximum extent possible so as to keep the number of towers in Mohave County to a minimum.

7.

Setbacks. The following setback requirements shall apply to all wireless communication facilities:

a.

Towers must meet the building setbacks for the zoning district as outlined in the Mohave County Zoning Regulations, Section 35.B, Setbacks and Area Requirements. In residential areas towers must be set back from the property line a distance equal to twice the height of the tower.

b.

Guy wires and accessory structures must satisfy the minimum zoning district setback requirement.

8.

Removal.

a.

Towers and antennae shall be removed, at the owner's expense, within 180 days if not used for a permanent use within that time, unless this period is extended pursuant to this section.

b.

An owner wishing to extend the time for removal or reactivation shall submit an application stating the reason for such extension. The Development Services Director may extend the time for removal or reactivation up to 60 additional days upon showing a good cause. Any extension of greater than 60 days must be granted by the Mohave County Board of Supervisors. If the tower or antennae is not removed in a timely manner, Mohave County may give notice that it will contract for removal within 30 days following written notice to the owner. Thereafter, Mohave County may cause removal at the cost to the owner.

c.

Upon removal of the wireless telecommunications facility, the site shall be returned to a vegetated state and topography, consistent with the natural surroundings.

9.

Modification. Existing wireless telecommunications facilities may be changed or modified as follows:

a.

The change or modification is required by a change in user or technology.

b.

The addition of other users (co-location) is not considered a change.

c.

The change does not increase the height of the tower above the height approved in the Special Use Permit.

d.

At the conclusion of the change or modification the facility complies with all requirements of the Mohave County Development Services Department.

e.

The change or modification is required by the Federal Aviation Administration or the Federal Communications Commission (FCC).

ZONING, TOWER HEIGHT LIMITATION, LOCATION AND SETBACK REQUIREMENTS

APPLICABLE ZONE	HEIGHT PERMITTED WITHOUT SPECIAL USE PERMIT	HEIGHT REQUIRING A SPECIAL USE PERMIT	SETBACKS (FEET FROM PROPERTY LINE TO TOWER HEIGHT)
General (A) established primary use is residential	40 Feet	41 to 150 Feet	1 FT. FOR 1 FT.
General (A) established primary use is commercial	50 Feet	51 to 195 Feet	SECTION 35.B
Airport Development (A-D)	60 Feet and must meet FAA Requirements	61 to 250 Feet and must meet FAA Requirements	SECTION 35.B
Agricultural/Residential (A-R)	40 Feet	41 to 195 Feet	1 FT. FOR 1 FT.
Residential-Recreational (R-E)	40 Feet	41 to 100 Feet	1 FT. FOR 1 FT.
Commercial-Recreational (C-RE)	60 Feet	61 to 150 Feet	1 FT. FOR 1 FT.
Single-Family Residential (R-1)	40 Feet	41 to 100 Feet	1 FT. FOR 1 FT.
Single-Family Residential/Manufactured Homes Prohibited (R-O)	40 Feet	41 to 100 Feet	1 FT. FOR 1 FT.
Single-Family Residential/Manufactured Homes and Recreational Vehicles (R-RV)	40 Feet	41 to 100 Feet	1 FT. FOR 1 FT.
Single-Family Residential/Manufactured Homes Prohibited/Limited Animal Privileges (R-O/A)	40 Feet	41 to 150 Feet	1 FT. FOR 1 FT.
Medium Density Residential (R-2)	40 Feet	41 to 150 Feet	1 FT. FOR 1 FT.
Single-Family Residential/Manufactured Home (R-MH)	40 Feet	41 to 150 Feet	1 FT. FOR 1 FT.
Multiple-Residential (R-M)	40 Feet	41 to 150 Feet	1 FT. FOR 1 FT.
Neighborhood Commercial (C-1)	40 Feet	41 to 150 Feet	1 FT. FOR 1 FT.
Commercial-Office-Residential (COR)	50 Feet	41 to 195 Feet	SECTION 35.B
General Commercial (C-2)	50 Feet	51 to 195 Feet	SECTION 35.B
General Commercial Highway Frontage (C-2H)	50 Feet	51 to 195 Feet	SECTION 35.B
Commercial-Manufacturing/Open Lot Storage (C-MO)	50 Feet	51 to 195 Feet	SECTION 35.B
Light Manufacturing (M-1)	120 Feet	121 to 250 Feet	SECTION 35.B
General Manufacturing (M-2)	120 Feet	121 to 250 Feet	SECTION 35.B
Heavy Manufacturing (M-X)	120 Feet	121 to 250 Feet	SECTION 35.B

 

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