A.
Any new freestanding tower/monopole in any residential district
requires a minimum lot size of one (1) acre and a special use permit.
In nonresidential districts, no minimum lot size is required, however,
any new freestanding tower/monopole proposed to be erected within
five hundred (500) feet of any residentially zoned lot, improved
or which can be improved with a residential dwelling unit, shall
be permitted only if a special use permit is obtained.
B. Co-location of telecommunication equipment (such as antenna)
in any zoning district on existing or replacement freestanding
towers, buildings, water towers/tanks and other similar structures
may be permitted subject to review and certification by the Department
of Land Use. The Department shall review the co-location application
for compliance with the applicable conditions listed below. If
a special exception or special use permit was issued, the Department
shall review that decision to ascertain that the co-location
of equipment will not be inconsistent or in violation of that
prior decision.
The co-location of antenna on an existing or replacement structure
may exceed the height of the existing structure if approved by
the Department. However, in any zoning district, a special use
permit is required for any height extension to an existing or
replacement freestanding tower/monopole exceeding twenty-five
(25) percent of the original height of the tower/monopole where
that tower or pole is within five hundred (500) feet of a residentially
zoned lot improved or which can be improved with a residential
dwelling unit.
C. All applicants for a special use permit or for Department
certification shall submit a site plan and appropriate written
documentation demonstrating compliance with the applicable conditions
listed in this Section.
D. Documentation acceptable to the Department must show that
existing structures within a one (1) mile radius of the proposed
location are not available for co-location. Any application for
a new tower/monopole shall include documentation substantiating
the need for such tower at the proposed location.
E. All new or replacement towers/monopoles one hundred and fifty
(150) feet or less in height, not including lighting rod, shall
be designed to accommodate at least one (1) additional personal
communication services (PCS)/cellular platform. All new or replacement
towers/monopoles in excess of one hundred and fifty (150) feet
in height shall be designed to accommodate at least two (2) additional
PCS/cellular platforms.
F. All new freestanding towers/monopoles shall be setback from
adjoining property lines a minimum of not less than one-third
(1/3) the height of the tower.
G. Pad sites, ground equipment structures and guy wire locations
shall be surrounded by a minimum six (6) foot tall fence and/or
landscaping which has an opacity value of three-tenths (0.3).
H. The tower and accessory equipment must meet all requirements
of the Federal Communications Commission and Federal Aviation
Administration.
I. Any tower/monopole that is not operated for a continuous
period of six (6) months shall be considered abandoned and the
owner of such tower shall remove the same within ninety (90)
days of a receipt of notice from County Council notifying the
owner of such abandonment. If such tower is not removed within
ninety (90) days, the County may remove the tower at the owner's
expense.
J. No sign shall be permitted on the tower. Any blinking or
rotating light thereon shall be screened so as not to throw its
light below the horizontal plane on which it is located, except
as required by the Federal Aviation Administration
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