Sec. 59-G-2.44. Radio and television broadcasting stations and towers.

   (a)*   Any radio and television broadcasting station or tower must satisfy the following standards:

   *Editor’s note—“(a)” added editorially.

      (1)   A support structure must be set back from the property line as follows:

         a.   In agricultural and residential zones, a distance of one foot from the property line for every foot of height of the support structure.

         b.   In commercial and industrial zones, a distance of one foot from the property line for every foot of height of the support structure from a property line separating the subject site from commercial or industrial zoned properties, and one foot for every foot of height of the support structure from residential or agricultural zoned properties.

         c.   The setback from a property line is measured from the base of the support structure to the property line.

         d.   The Board of Appeals may reduce the setback requirement to not less than the building setback of the applicable zone if the applicant requests a reduction and evidence indicates that a support structure can be located on the property in a less visually obtrusive location after considering the height of the structure, topography, existing vegetation, adjoining and nearby residential properties, if any, and visibility from the street.

      (2)   A support structure must be set back from any off-site dwelling as follows:

         a.   In agricultural and residential zones, a distance of 275 feet.

         b.   In all other zones, one foot for every foot in height.

         c.   The setback is measured from the base of the support structure to the base of the nearest off-site dwelling.

         d.   The Board of Appeals may reduce the setback requirement in the agricultural an residential zones to a distance of one foot from an off-site residential building for every foot of height of the support structure if the applicant requests a reduction and evidence indicates that a support structure can be located in a less visually obtrusive location after considering the height of the structure, topography, existing vegetation, adjoining and nearby residential properties, and visibility from the street.

      (3)   The structure supporting the antenna used for radio and television broadcasting must not exceed 275 feet in height, unless it can be demonstrated that the additional height is necessary to comply with the minimum requirements established by the Federal Communications Commission.  At the completion of construction, before the support structure may be used to transmit any signal, and before the final inspection pursuant to the building permit, the applicant must certify to the Department of Permitting Services that the height and location of the support structure is in conformance with the height and location of the support structure as authorized in the building permit.

      (4)   The support structure must be sited to minimize its visual impact.  The Board may require the support structure to be less visually obtrusive by use of screening, coloring, stealth design, or other visual mitigation options, after considering the height of the structure, topography, existing vegetation and environmental features, and adjoining and nearby residential properties.  The support structure and any related equipment buildings or cabinets must be surrounded by landscaping or other screening options that provide a screen of at least 6 feet in height.

      (5)   The property owner must be an applicant for the special exception for each support structure.  Any radio or television antenna that is collocated on an existing tower with another radio or television antenna is not required to obtain a special exception.  A modification of a radio and television station or tower special exception is not required for a change to any use within the special exception area not directly related to the special exception grant.  The equipment compound must have sufficient area to accommodate equipment sheds or cabinets associated with a station or tower.

      (6)   No signs or illumination are permitted on the antennas or support structure unless required by the Federal Communications Commission, the Federal Aviation Administration, or the County.

      (7)   Every freestanding radio and television broadcasting tower must be removed at the cost of the owner when no longer in use for more than 12 months.

      (8)   All support structures must be identified by a sign no larger than 2 square feet affixed to the support structure or any equipment building.  The sign must identify the owner and the maintenance service provider of the support structure or any attached antenna and provide the telephone number of a person to contact regarding the structure.  The sign must be updated and the Board of Appeals notified within 10 days of any change in ownership.

      (9)   Outdoor storage of equipment or other items is prohibited.

      (10)   Each owner of the facility is responsible for maintaining the facility in a safe condition.

      (11)   The applicants for the special exception must file with the Board of Appeals a recommendation from the Transmission Facility Coordinating Group regarding the tower.  The recommendation must be no more than one year old.

      (12)   Prior to the Board granting any special exception for a radio and television broadcasting tower, the proposed facility must be reviewed by the County Transmission Facility Coordinating Group.

   (b)   Any radio and television broadcasting station or tower existing as of December 26, 2005 may continue as a conforming structure.  However any structural change, repair, addition, alteration or reconstruction of a tower existing before December 26, 2005 must not result in an increase in the height of the tower above the height of the tower as it existed before December 26, 2005.

(Legislative History: Ord. No. 12-1, § 1; Ord. No. 15-54, § 11.)