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MapLink™ | Procedures | Satellite Dish, Earth (Private, Less than 3' in Diameter)

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Satellite Dish, Earth (Private, Less than 3' in Diameter)
SPECIAL EXCEPTION RELIEF FROM REGULATIONS.

A. A Special Exception must be obtained from the Zoning Board of Adjustment for any antenna, tower, and/or satellite receive-only antenna which does not comply with the regulations specified in this Section. In considering whether to grant a Special Exception from the regulations specified above, the Board of Adjustment shall consider the following factors:
1. The effect on the value of the surrounding property;
2. The potential for interference with the enjoyment of the use of surrounding properties;
3. Aesthetics;
4. The necessity of the Special Exception for the public health, safety, and welfare of the citizens or for governmental purposes;
5. The zoning district and the adjoining zoning districts of the property for which the Special Exception is sought;
6. The provisions of 47 C.F.R. § 25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities unless such regulations:
a. Have a clearly defined health, safety or aesthetic objective; and
b. Further the stated health, safety, or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers;
7. The unique conditions that govern reasonable reception on any given lot.
 
B. To properly evaluate all applications to locate commercial antennas or towers which do not comply with the regulations specified above, the following information must be provided by the applicant to the Zoning Board of Adjustment:
1. Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure;
2. Indicate the proposed height;
3. Provide photos or drawings of all equipment, structures and antenna(s);
4. Describe why the antenna or tower is necessary;

5. State 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;

6. Indicate if this antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the backhaul provider;

7. Address whether or not the applicant has made an effort to co-locate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area and, if so, identify the location of these existing sites. If yes, describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites’ owners and/or operators, which confirm the statements provided. Indicate whether or not the existing sites allow or promote co-location and, if not, describe why not;

8. Indicate whether or not co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason;

9. If the requested location is in a residential district the applicant shall address whether or not they have made an effort to locate the facility in a commercial or industrial district and identify the location of these commercial or industrial district sites. Describe in detail these efforts and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from commercial or industrial district sites’ owners or operators which confirm the statements provided;

10. Indicate the proposed provider’s current coverage area for the City. Attach maps showing the areas the proposed provider’s existing antennas currently cover, the areas the applicant’s existing sites and other existing sites would cover, and the areas the applicant’s existing sites and the requested site would cover;

11. Describe the applicant’s master antenna and tower plan for the City. Attach maps and other related documentation. Provide information indicating each phase of the plan;

12. Describe the applicant’s plan to minimize the number of telecommunications antenna and towers needed to cover the City.

C. The Zoning Board of Adjustment will approve a requested application subject to the finding that co-location of this facility with a nearby existing tower facility is not technically feasible, subject to the following conditions:
1. Applicant will permit co-location of others at the site;
2. Applicant will configure its antenna and other equipment to accommodate other providers;
3. Applicant will identify its backhaul provider connecting antenna sites; and
4. Applicant will give notice to the City identifying any providers who co-locate to the site and identify their backhaul provider.
 
WRITTEN REPORT UPON DENIAL OF REQUEST. The Administrative Official and/or the Zoning Board of Adjustment shall document any denial of a request to place, construct, or modify an antenna facilities in writing. Such documentation shall be supported by substantial evidence within the written record.

See § 12.1: Wireless Communication Facilities for complete, detailed information.