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SECTION 40.03.326 COMMERCIAL COMMUNICATIONS TOWERS/ANTENNA  
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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Latest News:
7/8/2020
  Brandywine Hundred County Library is open with socially distancing safe door-to-door delivery takeout service
11/30/2018
  Walker's Bank deemed unsafe, will be demolished
7/24/2018
  Councilman announces details of redevelopment at former AstraZeneca site
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Ted Matley
Former Executive Director, Wilmington Area Planning Council

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