Zoning Ordinance

structures shall adhere to a setback from the easement lines equal to twenty (20) percent of the tower height.

3. In instances when a tower and accessory structures are constructed adjacent to a residential district, or a residential use (regardless of any district permitted uses or any grandfathering status in any zoning district) or within a residential district itself: either immediately adjacent to such property or across a public way, the minimum setback from all property lines of the parcel/subject site measured from the base of the tower, shall be equal to one-hundred (100) percent of the tower height. No variance shall be granted from this minimum setback requirement that does not conform to the requirements set forth in TCA 13-7-207. (3).

B. Shared Use

1. The shared use of existing towers shall be required throughout the community. The applicant’s proposal for a new wireless transmission facility shall not be approved unless the applicant can prove through documentation, that the proposed equipment cannot be accommodated on an existing or approved tower located within a minimum distance of one mile of the proposed tower due to one (1) of the following reasons:

a. The planned equipment would exceed the structural capacity of the existing and approved towers and said towers do not have the capability to be upgraded.

b. The planned equipment would cause radio frequency (RF) interference with other existing or planned equipment.

c. The planned equipment would not function effectively and reasonably on an existing tower.

d. Geographic service requirements would prevent the co-use of an existing tower or structure.

2. The feasibility of the shared use of any proposed tower in the future shall be addressed at the time of application. As a minimum, a tower shall be designed for the co-use of a minimum of three (3) fully sectored antenna arrays unless such tower is proposed for co-use on an existing utility structure. The applicants shall provide a letter of intent committing the tower owner and any successive owners to providing for the shared use of the tower, if a future applicant agrees, in writing, to pay any reasonable rate for the shared use.

C. Type

121