A. Application. In order to be considered complete for purposes of evaluation, an Application to locate Antenna Facilities or Antennas that requires an Antenna Location Waiver must follow the approval process for a Zoning Special Exception and include the following information:

1. An Antenna Location Waiver Application and appropriate fee.

2. A narrative detailing the proposed Antenna Facility. The narrative must indicate the following:

a. Whether the proposed structure is a Co-Location, a new monopole tower or a new alternate mounting structure.

b. The height of the proposed tower. Where site conditions permit, the Applicant shall conduct a balloon test within two (2) weeks of Application submittal. This test shall consist of raising balloons to a height equal to the proposed tower. The balloons should be of a color material that provides maximum visibility. The Applicant shall notify the Director of Planning of the time of the balloon test at least two (2) days before the test is to occur to allow staff to conduct field visits during the test.

c. Reason the Antenna Facility is necessary at the proposed location.

d. The name(s) of the telecommunications providers or other users of the Antenna or tower and describe the use to be made by each user;

e. Whether the Applicant has made an effort to Co-Locate the facilities proposed for this Antenna Facility on existing Antenna Facilities in the same general area. Identify the location of these existing sites, and describe in detail these efforts and explain in detail why these existing sites were not feasible.

f. Indicate whether the existing sites allow/promote Co-Location and, if not, describe why not.

g. Whether Co-Location will be allowed to other telecommunications providers at the requested site.

h. Whether camouflage technology is an appropriate option for the site. If it is an option, provide a complete description of the suggested camouflage, including style and materials to be used, a photographic depiction of the proposed facility, and a maintenance plan detailing provisions for the continued effectiveness of the suggested camouflage for the life of the facility. If it is not an option, state every reason and the basis of each reason.
 

3. Provide a site plan of the proposed Antenna Facility at a scale of 1" = 30'. The site plan should be on a single 24" X 36" sheet and include: See § UDC-4.03.07A.3 for a list of site plan requirements.

4. Elevation drawings showing:

a. The design and height of the proposed Antenna Facility.
b. Detailed drawings of all structures and equipment, including Photo-Simulation.
c. Screening requirements.
d. All requirements specified in Wireless Antenna Facility Special Exception Request Site Plan Check List (refer to the City's Development Process Administrative Manual).
 

5. If the requested location is in a Residential Zoning District, the Applicant must provide evidence that they have made an effort to locate the facility in a Nonresidential Zoning District. Identify the location of these Nonresidential Zoning District sites, describe in detail these efforts, and explain in detail why these nonresidential sites were not feasible. Attach all studies or tests performed which demonstrate why the nonresidential sites will not provide sufficient signal coverage.

6. Provide a map showing the proposed provider's current coverage area for the City. The map must show the roadway network and be labeled. The Applicant must also provide propagation analysis showing the areas the proposed provider's existing Antenna currently covers, the areas the Applicant's existing sites and the requested site would cover. The propagation analysis must be labeled and have a legend.

7. Describe the Applicant's Master Antenna Facilities Plan for the City. Attach maps and other related documentation. Provide information indicating each phase of the plan.

8. Provide an independent engineer's certification that any proposed co-located tower will comply with ANSI and other industry safety and structural codes and standards.

9. Provide review and sign-off by Director of Planning regarding compliance with any applicable historic district provisions.

10. Provide documentation for the proposed site showing compliance with current zoning requirements and any other applicable codes for the City, as well as any applicable State laws.

11. Provide documentation of any necessary approvals from the State or other entities needed for the site.

B. Consideration of Application. In considering whether to grant an Antenna Location Waiver, the Board of Adjustment shall consider the following:

1. The appropriateness of the location and design of the Antenna Facility;
2. The potential for interference with the enjoyment of the use surrounding properties;
3. The proposed height of the Antenna Facility relative to surrounding structures;
4. The zoning district and the adjoining zoning districts of the property for which the Waiver is sought;
5. The recommendation of the Director of Planning;
6. The compliance with City regulations; and
7. The availability of suitable alternative sites.

a. Suitable alternative site(s) shall mean a location or locations that would provide the same or better signal coverage than the proposed site for which a Waiver is requested. The Applicant shall provide documentation supporting his contention that alternative site(s) are not suitable or available.

C. Procedures for Consideration of Antenna Location Waiver. The procedures for consideration of an Application for a Waiver requested under this section shall be in accordance with the procedures outlined in 2.11.04: Zoning Special Exception.

Written Report.
Denial of an Application for an Antenna Location Waiver under this section must be documented in writing in accordance with the requirements of the orders of the Federal Communications Commission and the Telecommunications Act of 1996 as amended.

Appeals.
An Applicant may appeal the decision of the Board of Adjustment to the District Court by filing a written Notice of Appeal within ten (10) days following the date the City notifies the Applicant of the decision. A decision not timely appealed in accordance with this section shall be final.

See Subsection 4.03: Wireless Transmission Facilities Regulations for complete, detailed information.