A commercial telecommunication facility shall comply with all of the following requirements.
(1) The developer of a facility permanently located on the ground shall:
(i) not less than two weeks and not more than 60 days before filing an application for a building permit, give notice, by certified mail, return receipt requested, to all owners of property located within 250 feet of the lot lines of the proposed facility as listed on the tax rolls of the County; and
(ii) file with the application for a building permit a list of the names and addresses of all property owners who were notified; a copy of the notice that was sent; copies of all return receipts; copies of the envelopes of any notices that were returned as undelivered; and an affidavit that notice was given as required.
(2) The developer of a facility shall provide a certification from a registered engineer that the structure will meet the applicable design standards of Article 15 of this Code for wind loads.
(3) The developer of a facility and each applicant for a zoning certificate of use shall submit a certification from a consultant acceptable to the Planning and Zoning Officer that the facility or the developer’s use of the facility will not degrade or interfere with the County’s public safety communication systems.
(4) Within 30 days after the issuance of a zoning certificate of use for a commercial telecommunications facility and by September 1 of each year thereafter, the holder of the certificate shall submit a certification from an engineer acceptable to the Planning and Zoning Officer of the radio frequency radiation actually measured from the facility, that the measurements are accurate, and that the measurements meet the applicable Federal Communications Commission standards and guidelines for those emissions. If at any time the owner or user of the telecommunication facility cannot provide the certification required by this subsection, the certificate of use may be revoked.
(5) A tower, antenna, or monopole shall be painted gray or a similar color that will minimize its visibility. An accessory structure shall be screened and buffered in accordance with the Landscape Manual so that it is not visible from abutting residential properties. A facility to be constructed within sight of a property listed on the National Register of Historic Places shall mitigate any adverse visual impact of the facility in the manner determined by the Office of Planning and Zoning. Advertising on a facility is prohibited.
(6) A facility may co-locate on the rooftop of an existing nonresidential structure other than a commercial telecommunication facility and on the rooftop of multifamily dwellings with more than 10 units without meeting the setback requirements applicable to commercial telecommunication facilities if the principal structure is at least 50 feet in height above grade level and the facility does not extend above the existing roof height by more than 15 feet.
(7) A facility attached to a transmission line pole or tower may not laterally project more than 15 feet beyond the crossarms or other support extensions affixed to the pole or tower and may not project above the top of the pole or tower by more than 15 feet if the pole or tower will support one provider or 25 feet if the pole or tower will support more than one provider. The pole or tower, including all projections, may not exceed 199 feet in height. All accessory structures shall be underneath the transmission line within the drip line of the outermost lines or be located from the edge of the transmission line right-of-way by a distance equal to at least the minimum setback required for accessory structures in the zoning district in which the facility is located.
(8) For a facility not attached to a transmission line pole or tower that is located within 100 feet of a transmission line right-of-way:
(i) the principal structure shall be located at least 500 feet from any offsite dwelling;
(ii) the facility may not exceed 199 feet in height;
(iii) the principal structure of a facility that is permanently located on the ground shall be a monopole; and
(iv) accessory structures shall be located within 50 feet of the principal structure and located 500 feet from any offsite dwelling.
(9) A private facility located on land owned by a governmental entity or a volunteer fire company shall meet the requirements for a commercial telecommunication facility contained in Title 11.
(10) A facility that ceases operation for a period of 12 consecutive months shall be considered as terminated and shall be removed within 90 days of termination at the property owner’s expense.
(11) For a facility located in a commercial or industrial district, the facility shall also comply with the following requirements:
(i) each structure permanently located on the ground shall be located by the greater of 200 feet or one foot for each foot of height from the boundary of a residential district or from the lot line of a residentially occupied property, school, public park, or platted community recreation area or open space;
(ii) accessory structures shall be screened from adjoining residentially zoned or residentially developed property in accordance with the Landscape Manual; and
(iii) the height of a structure permanently located on the ground may not exceed:
1. for one provider, 130 feet, or 160 feet for a private facility located on government-owned land;
2. for two providers, 170 feet, or 200 feet for a private facility located on government-owned land;
3. for three providers, 210 feet, or 240 feet for a private facility located on government-owned land; and
4. for four or more providers, 250 feet.
(12) A facility may co-locate on another commercial telecommunication facility existing as of December 31, 2001, without meeting setback requirements that became effective after December 31, 2001. If the principal structure of a facility existed as of December 31, 2001, accessory structures are allowed within 50 feet of the principal structure without meeting applicable setback requirements that became effective after December 31, 2001.
(Bill No. 4-05; Bill No. 69-07; Bill No. 10-11; Bill No. 8-15; Bill No. 17-17; Bill No. 65-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23)