The following provisions shall apply to a nongovernmental utility in RC, A, R-1, R-3, R-5, R-8, R-12, R-16 and VC Districts.
(A) Minimum setback from all property lines is 50 feet. Structures, fencing or parking are not permitted within the setback area.
(B) Screening and landscaping is required as approved by the Board of Appeals.
(C) Within the RC District, the requirements of § 1-19-7.200 of this Code will be met.
(D) When permitted in any residential district, a nongovernmental utility shall have the exterior appearance of residential buildings and shall have suitable landscaping, screen planting and fencing, deemed necessary by the Board of Appeals.
(E) Provide information to indicate the general conditions of use and existing improvements on adjoining properties within a 1,000-foot radius surrounding the subject property.
(F) When approving a nongovernmental utility use, the Board of Appeals may authorize future changes not requiring further Board of Appeals approval within a 10 year period of the initial special exception approval. Such changes shall be limited to the addition, relocation, or modification of foundations or equipment, or additions to existing buildings, within a fence line approved by the Board of Appeals. The site plan must show initially proposed and future buildings and structures as reasonably expected within 20 years or the foreseeable future.
(G) A reasonable effort shall be made by the applicant to contact and inform area homeowner associations and community associations of the proposed use together with an informational meeting.
(H) Tests to determine mitigation requirements. In the event the Board determines to grant the special exception, the Board shall consider the following areas to determine the extent that impact mitigation measures will be required.
(1) The Board shall make findings that the proposed building or structure at the location selected will not endanger the health and safety of workers and residents in the community and will not substantially impair or prove detrimental to neighboring properties.
(2) The Board shall make findings regarding adverse effects of the project on the character of the surrounding area including impacts from sound, light, visual appearance, impervious surfaces, traffic impacts, and on forest and wildlife impacts.
(3) All applications for nongovernmental utilities before the Board shall be forwarded to the Historic Preservation Commission for review and comment. The Board shall consider comments from the Historic Preservation Commission and shall make findings regarding the project's impacts on any historic district, registered historic property, parks, designated heritage area, and other historic or cultural resource. When there is a finding of negative impact based upon evaluation of the above, the Board shall to the maximum extent practicable require mitigation. Required mitigation may include the construction of fences, barriers, mandatory setbacks, the surfacing of access drives, shielding of lighting, or the establishment of buffers, vegetative screening, or landscaping.
(I) All applications shall include information as to how the applicant has addressed the visual impact of the nongovernmental utility on neighboring county designated preservation areas, such as rural legacy areas, agricultural preservation areas, critical farms, Monocacy scenic river, Appalachian Trail, designated heritage areas, historic sites and sites eligible for designation.
(J) Provide photographs of the existing conditions of the site and area.
(K) Provide photo-documentation that a balloon test has taken place at the proposed site location (for substations only).
(Ord. 77-1-78, § 40-72(A-13), 1-24-1977; Ord. 95-02-126, 3-2-1995; Ord. 00-28-270, 9-7-2000; Ord. 08-26-502, 10-14-2008; Ord. 12-23-618, 9-6-2012; Ord. 14-23-678, 11-13-2014)