The following design criteria shall apply to all communication towers in the GC, ORI, LI, GI, MM and non-residential MXD zoning districts as well as special exceptions in the RC and A Districts.
(A) The applicant and the property owner shall be responsible for maintaining the tower in a safe condition.
(B) The tower shall be utilized continuously for wireless communications. In the event the tower ceases to be used for wireless communications for a period of 6 months, the approval will terminate. The property owner shall remove the tower within 90 days after termination. The property owner shall insure the tower removal by posting an acceptable monetary guarantee with the county on forms provided by the office of the Zoning Administrator. The guarantee shall be for an amount equal to a cost estimate approved by the Zoning Administrator for the removal of the tower, plus a 15% contingency.
(C) All towers shall be designed for co-location, which shall mean the ability of the structure to allow for the placement of antennae for 2 or more carriers. This provision may be waived by the approving body if it is determined that co-location will have an adverse impact on the surrounding area.
(D) The tower height may exceed the maximum height permitted within the GC, ORI, LI and GI Districts, and provided the required setbacks are met after a determination by the approving body that its visual profile and appearance would make no substantial change in the character of the area.
(E) All applications for approval of communications towers shall include:
(1) Justification from the applicant as to why the site was selected;
(2) Propagation studies showing service area and system coverage in the county;
(3) Photo simulations of the tower and site, including equipment areas at the base from at least 2 directions and from a distance of no more than 1 mile.
(F) As part of the site plan review, screening and fencing may be required around the base of the tower structure and any equipment buildings.
(G) The appearance of the tower structure shall be minimized by the reasonable use of commercially available technology to reduce visual impact, with specific reference to size, color and silhouette properties. The decision of the approving authority shall be final.
(H) No lighting is to be placed on the tower unless specifically required by the Federal Aviation Administration.
(I) Monopoles shall be the preferred tower structure type within the county.
(J) All tower sites shall be identified by means of a sign no larger than 6 square feet affixed to the equipment building or fence enclosure. Said sign shall identify the tower owner and each locating provider and shall provide the telephone number for a person to contact in the event of an emergency.
(K) Site plan approval for the tower, access, equipment, and structures shall be by the Planning Commission in accordance with the site plan regulations specified within the zoning ordinance.
(L) No towers are permitted within land designated or eligible for designation for National Register or Frederick County Historic Districts or Sites.
(M) A copy of all reports including the environmental assessment, NEPA review, and SHPO review, as required by or provided to the Federal Communications Commission, shall be included as part of the application.
(N) Towers should be sited within or adjacent to areas of mature vegetation and should be located down slope from ridge lines and towards the interior of a parcel whenever possible and only should be considered elsewhere on the property when technical data or aesthetic reasons indicate there is no other preferable location.
(O) All applications shall include information as to how the applicant has addressed the visual impact of the tower on all county designated preservation areas, such as: rural legacy areas, agricultural preservation areas, critical farms, Monocacy scenic river, Appalachian Trail, historic sites and sites eligible for designation.
(P) Towers may be permitted within the Mineral Mining (MM) and non-residential Mixed Use Development (MXD) floating zones with the approval of the Planning Commission. Towers shall not be permitted within residential, PUD or residential MXD Districts.
(Q) Communications towers in existence on the effective date of this ordinance (Ord. 99-14-241) shall not be required to comply with these provisions, except in the event they increase the height; provided, however, that any such tower which has ceased to be used for communications purposes for a period of 12 consecutive months, must comply with the existing requirements of the zone in which it is located before such tower may be used for telecommunication purposes. For purposes of this subsection (Q), the proposed installation of 1 or more antennae on a tower which has ceased to be used for communications purposes for a period of 12 consecutive months shall be deemed a use which must comply with the existing requirements of the zone in which it is located, and shall not be treated as an accessory use pursuant to § 1-19-8.205.2.
(R) Except as provided in § 1-19-8.332(F) setbacks for communications towers shall be as follows.
(1) Setback from all property zoned residential shall be a distance not less than 1 foot for every foot of tower height, but in no case less than 300 feet. Setback distance may be modified by the approving body.
(2) Setbacks from all properties zoned other than residential shall be determined by the approving body, but shall not be less than the fall zone of the tower as defined by the engineering specifications.
(Ord. 99-14-241, 11-23-1999; Ord. 08-26-502, 10-14-2008; Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 12-17-612, 6-21-2012; Ord. 14-23-678, 11-13-2014)
Editor's note:
The effective date of Ord. 99-14-241 as referenced in division (Q) above is November 26, 1999.