1. Defined
Cable Communications System means an arrangement of antennas, cables, amplifiers, towers, microwave links, lines, wires, waveguides, laser beams, satellites, or any other conductors, converters, equipment, or structures designed, constructed and operated with the purpose of producing, transmitting, receiving, amplifying, storing, processing, or distributing audio, video, digital or other forms of electronic or electrical signals, programs and services in which the signals are distributed by wire or cable to subscribing members of the public. Cable Communications System does not include any similar system with cables that do not touch public rights-of- way and that serve only the occupants of a single property of land under common ownership or management.
2. Use Standards
Where a Cable Communications System is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use, and the following standards:
a. Any proposed tower must be set back one foot for every foot of height of a tower from all property lines, measured from the base of the support structure.
b. The location of the proposed community access centers or studios are consistent with the cable communications plan approved by the District Council.
c. Structures, buildings, and facilities in which or on which component elements of a Cable Communications System are located or which otherwise support the system, and which are operated by the entity operating the Cable Communications System under a franchise awarded by Montgomery County, may be allowed if approved by the Hearing Examiner.
d. Offices are prohibited in Residential zones as part of the Cable Communications System.
e. Screening under Division 6.5 is not required.
f. The transmission and distribution lines, wires, and cables that are component elements of a cable communications system are permitted uses in all zones and are not required to obtain conditional use approval.
1. Defined
Media Broadcast Tower means any structure used to transmit radio or television communications that are intended to be received by the public. Media Broadcast Tower does not include amateur radio antenna (see Section 3.5.14.A and Section 3.5.14.B, Amateur Radio Facility) or Telecommunications Tower (see Section 3.5.2.C, Telecommunications Tower).
2. Use Standards
a. Where a Media Broadcast Tower is allowed as a limited use, it is a maximum height of 199 feet and is set back one foot for every foot of height from any property zoned Agricultural, Rural Residential, or Residential.
b. Where a Media Broadcast Tower is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use, and the following standards:
i. Before the Hearing Examiner grants any conditional use for a Media Broadcast Tower, the proposed facility must be reviewed by the County Transmission Facility Coordinating Group. The applicant for a conditional use must file a recommendation from the Transmission Facility Coordinating Group with the Hearing Examiner regarding the tower with the application. The recommendation must be no more than one year old.
ii. Any antenna that is collocated on an existing tower is allowed without a conditional use permit. A modification of a Media Broadcast Tower conditional use permit is only required for a change to any use within the conditional use area directly related to the conditional grant.
iii. A Media Broadcast Tower must be set back from the property line, as measured from the base of the support structure, as follows:
(a) In the Agricultural, Rural Residential, and Residential Detached zones, a distance of one foot for every foot of height or 275 feet from an existing dwelling, whichever is greater.
(b) In the Employment and Industrial zones, a distance of one foot for every foot of height.
(c) The Hearing Examiner may reduce the setback requirement to not less than the building setback for a detached house building type in the applicable zone or to a distance of one foot from an off-site dwelling for every foot of height of the support structure, whichever is greater, if evidence indicates that a reduced setback will allow the support structure to be located on the property in a less visually obtrusive location than locations on-site where all setback requirements can be met after considering the height of the structure, topography, existing vegetation, nearby residential properties, and visibility from the street. A reduced setback may be approved only if there is a location on the property where the setback requirements can be met.
iv. The maximum height of the support structure is 275 feet, except where it can be demonstrated that the additional height is necessary to satisfy 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 required by the building permit, the applicant must certify to DPS that the height and location of the support structure as built conforms with the height and location of the support structure on the building permit.
v. The support structure must be located to minimize its visual impact. Screening under Division 6.5 is not required; however, the Hearing Examiner 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 abutting and nearby residential properties.
vi. The property owner is an applicant for the conditional use for each support structure.
vii. The equipment compound has sufficient area to accommodate equipment sheds or cabinets associated with a station or tower. The outdoor storage of equipment or other items is prohibited.
viii. Signs or illumination are prohibited on the antennas or support structure unless required by the Federal Communications Commission, the Federal Aviation Administration, or the County.
ix. The Media Broadcast Tower will be removed at the cost of the owner when no longer in use for more than 12 months.
x. Any support structure is identified by a sign 2 square feet or smaller, 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 Hearing Examiner notified within 10 days of any change in ownership.
xi. The owner of the facility is responsible for maintaining the facility in a safe condition.
1. Defined
a. Telecommunications Tower means any structure, other than a building, used to provide wireless voice, data, or image transmission within a designated service area. Telecommunications Tower includes one or more antennas attached to a support structure, and related equipment, but does not include amateur radio antenna (see Section 3.5.14.A and Section 3.5.14.B, Amateur Radio Facility), radio or TV tower (see Section 3.5.2.B, Media Broadcast Tower), or an antenna on an existing structure (See Section 3.5.14.C, Antenna on Existing Structure).
b. Antenna Dimension means an antenna, and any enclosure containing the antenna, in which the total combined size of the antenna within any enclosure meets the following dimensions:
Standard | Maximum Length on Any Side (in feet) | Maximum Volume (in cubic feet, excluding any equipment cabinet)
|
A | 4 feet 2 inches | 6 cubic feet |
B | 4 feet 2 inches | 46 cubic feet |
C | 6 feet | 30 cubic feet |
D | 9 feet | 13 cubic feet |
E | 15 feet | 1 cubic foot |
2. Use Standards
a. Where a Telecommunications Tower is allowed as a limited use in the Agricultural zone, Rural zone, Rural Cluster zone, Employment zones, and Industrial zones, and the tower is not a replacement tower that complies with 59.3.5.2C.2.b, it must satisfy the following standards:
i. Antennas are limited to the following:
(a) an antenna that satisfies one of the Antenna Dimensions standards in Section 59.3.5.2.C.1.b ;
(b) satellite or microwave dish antennas with a maximum diameter of 8 feet.
ii. Signs or illumination on the antennas or support structure are prohibited unless required by the Federal Communications Commission, the Federal Aviation Administration, or the County.
iii. In the AR, R, and RC zones, the tower must be located within an overhead transmission line right-of-way and is a maximum height of 179 feet. The tower must be a minimum of 300 feet from any dwell- ing. A Telecommunications Tower conditional use application may be filed with the Hearing Examiner to deviate from this standard.
iv. In the LSC, IL, IM, and IH zones, the tower is a maximum height of 179 feet with a setback of one foot for every foot of height from the property lines of all properties zoned Agricultural, Rural Residential, or Residential.
v. In the GR and EOF zones, the tower is a maximum height of 130 feet with a setback of one foot for every foot of height from the property lines of all properties zoned Agricultural, Rural Residential, or Residential. A Telecommunications Tower conditional use appli- cation may be filed with the Hearing Examiner to deviate from this standard.
b. Where a Telecommunications Tower is allowed as a limited use and the tower would replace a pre-existing utility pole, streetlight pole, or site plan approved parking lot light pole, the tower is allowed if it satisfies the following standards:
i. Any building permit application to the Department of Permitting Services for the construction of a Telecommunications Tower must include a recommendation from the Transmission Facility Coordinating group issued within 90 days of the submission of the building permit application.
ii. In the Commercial/Residential, Industrial, and Employment zones, the pre-existing pole and the replacement tower must be at least 10 feet from an existing building, excluding any setback encroachments allowed under Section 4.1.7.B.5.
iii. In the Agricultural, Rural Residential, and Residential zones, the pre-existing pole and the replacement tower must be at least 30 feet from any building intended for human occupation, excluding any setback encroachments allowed under Section 4.1.7.B.5.
iv. Antennas must comply with the Antenna Classification Standard A under Section 59.3.5.2.C.1.b, be concealed within an enclosure the same color as the pole, be installed at a minimum height of 15 feet, and be installed parallel with the tower.
v. A replacement tower must be located:
(a) within 2 feet of the base of a pre-existing pole and at the same distance from the curb line, or edge of travel lane in an open section, as the pre-existing pole in a public right-of-way;
(b) outside of the roadway clear zone as determined by the Department of Permitting Services;
(c) in a manner that allows for adequate sight distances as determined by the Department of Permitting Services;
(d) in a manner that complies with streetlight maintenance requirements as determined by the Department of Transportation;
(e) at least 150 feet from the nearest antenna occupied or controlled by the same carrier; and
(f) whenever it is legally and technically feasible, replacement poles should replace pre-existing poles that are located closest to intersections, closest to property lines between dwellings, along the non-front-facing side of residential properties, or along abutting properties used for a non-residential purpose. In addition, the replacement towers must be at least 5 feet from the area between two parallel lines extending from the sides of a residential front door. If the applicant cannot meet the foregoing standards, the applicant must include in their application an affidavit proving that either permission from the pole owner cannot be obtained or service cannot be provided using a pole at an alternate location.
vi. A pre-existing streetlight or parking lot light pole must be removed within 10 business days after power is activated to the replacement tower, and a pre-existing utility pole must be removed within 180 days after a replacement utility pole is installed.
vii. The height of the tower, including any attached antennas and equipment, must not exceed:
(a) in the Commercial/Residential, Industrial, and Employment zones, for streetlights, the height of the pole that is being replaced or the height of the tallest streetlight pole within 50 feet, whichever is greater:
(1) plus 6 feet when abutting a right-of-way with a paved section width of 65 feet or less; or
(2) plus 15 feet when abutting a right-of-way with a paved section width greater than 65 feet;
(b) in the Agricultural, Rural Residential, and Residential zones, for streetlights, the height of the pole that is being replaced:
(1) plus 6 feet when abutting a right-of-way with a paved section width of 65 feet or less, or up to 25 feet where the height of the pole being replaced is less than 20 feet tall, whichever is greater; or
(2) plus 15 feet when abutting a right-of-way with a paved section width greater than 65 feet; and
(c) for utility poles and parking lot lights, the height of the pre-existing utility or parking lot light pole plus 10 feet.
viii. The tower must be the same color as the pre-existing pole.
ix The tower must have no exterior wiring, except that exterior wiring may be enclosed in shielded conduit on wooden or utility poles.
x. Any equipment cabinet:
(a) must not exceed a maximum volume of 12 cubic feet;
(b) if used to support antennas on a replacement streetlight pole, must be installed in the Telecommunications Tower base or at ground level, unless this requirement is waived by the Department of Transportation;
(c) must be the same color or pattern as the pre-existing tower, except as provided in Section 3.5.2.C.b.x(d); and
(d) may be a stealth design approved for safety by the Department of Transportation.
xi. The tower must include a replacement streetlight, if a streetlight existed on the pre-existing pole.
xii. The design of a replacement tower located in a public right-of-way, including the footer and the replacement streetlight, must be approved by the Department of Transportation.
xiii. The noise level of any equipment must comply with Chapter 31B.
xiv. Signs or illumination, except a streetlight, on the antennas or support structure are prohibited unless required by the Federal Communications Commission or the County.
xv. The owner of the tower must maintain the tower. The owner of the antenna must maintain the antenna and equipment in a safe condition. Both owners must remove graffiti and repair damage to the facility.
xvi. If a tower does not have a streetlight, the tower must be removed at the expense of the owner of the tower when the tower is no longer in use for more than 12 months. Any antenna and equipment must be removed at the expense of the owner of the antenna and equipment when the antenna and equipment are no longer in use for more than 12 months. The Transmission Facility Coordinating Group must be notified within 30 days of the removal.
i. Before the Hearing Examiner approves any conditional use for a Telecommunications Tower, the proposed facility must be reviewed by the Transmission Facility Coordinating Group. The applicant for a conditional use must file a recommendation from the Transmission Facility Coordinating Group with the Hearing Examiner at least 5 days before the date set for the public hearing. The recommendation must be no more than 90 days old when the conditional use application is accepted.
ii. A Telecommunications Tower must be set back, as measured from the base of the support structure, as follows:
(a) A Telecommunications Tower is prohibited in any scenic setback indicated in a master plan.
(b) In the Agricultural, Rural Residential, and Residential Detached zones, a distance of one foot for every foot of height or 300 feet from an existing dwelling, whichever provides the greater setback.
(c) In the Employment zones, a distance of one-half foot for every foot of height from the property lines of abutting Commer- cial/Residential, Employment, or Industrial zoned properties, and one foot for every foot of height from the property lines of abutting Agricultural, Rural Residential, or Residential zoned properties.
(d) The Hearing Examiner may reduce the setback requirement to not less than the building setback for a detached house building type in the applicable zone or to a distance of one foot from an off-site dwelling for every foot of height of the support structure, whichever is greater, if evidence indicates that a reduced setback will allow the support structure to be located on the property in a less visually obtrusive location than locations on-site where all setback requirements can be met after considering the height of the structure, topography, existing vegetation, nearby residential properties, and visibility from the street. A reduced setback may be approved only if there is a location on the property where the setback requirements can be met.
iii. The maximum height of a support structure and antenna is 135 feet, unless it can be demonstrated that additional height up to 179 feet is needed for service, collocation, or public safety communication purposes. At the completion of construction, before the support structure may be used to transmit any signal, and before the final inspection required by the building permit, the applicant must certify to DPS that the height and location of the support structure conforms with the height and location of the support structure on the building permit.
iv. The support structure must be located to minimize its visual impact. Screening under Division 6.5 is not required, however, the Hearing Examiner 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 nearby residential properties.
v. The property owner must be an applicant for the conditional use for each support structure.
vi. A modification of a conditional use is only required for a change to any use within the conditional use area directly related to the conditional use approval.
vii. A support structure must be constructed to hold a minimum of 3 wireless communication carriers unless the Hearing Examiner finds:
(a) that collocation at the proposed location is not essential to the public interest; and
(b) that construction of a lower support structure with fewer wireless communication carriers will promote community compatibility.
viii. The equipment compound must have sufficient area to accommodate equipment sheds or cabinets associated with all the carriers. Outdoor storage of equipment or other items is prohibited.
ix. The support structure must be removed at the cost of the owner of the Telecommunications Tower when the Telecommunications Tower is no longer in use by any wireless communication carrier for more than 12 months.
x. The support structure must be identified by a sign 2 square feet or smaller, 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 Hearing Examiner notified within 10 days of any change in ownership.
xi. Each owner of the Telecommunications Tower is responsible for maintaining the wireless communications tower in a safe condition.
xii. The Hearing Examiner must make a separate, independent finding as to need and location of the facility. The applicant must submit evidence sufficient to demonstrate the need for the proposed facility.
d. In the Agricultural, Rural Residential, and Residential zones, where a Telecommunications Tower is proposed to be less than 30 feet from any building intended for human occupation, excluding any setback encroachments allowed under Section 4.1.7.B.5, it may be permitted by the Hearing Examiner as a conditional use without regard to Section 7.3.1 only if the following procedures and standards are satisfied:
i. An application must include:
(a) the subject property’s ownership and, if the applicant is not the owner, authorization by the owner to file the application;
(b) fees as approved by the District Council;
(c) a statement of how the proposed development satisfies the criteria to grant the application;
(d) a certified copy of the official zoning vicinity map showing the area within at least 1,000 feet surrounding the subject property;
(e) a written description of operational features of the proposed use;
(f) plans showing existing buildings, structures, rights-of-way, tree coverage, vegetation, historic resources, and the location and design of streetlights, utilities, or parking lot poles within 300 feet of the proposed location;
(g) a list of all property owners, homeowners associations, civic associations, condominium associations, and renter associations within 300 feet of the proposed tower;
(h) plans showing height and architectural design of the tower and cabinets, including color materials, and any proposed landscaping and lighting;
(i) photograph simulations with a direct view of the tower and site from at least 3 directions;
(j) at least one alternative site that maximizes the setback from any building intended for human occupation or reduces the height of the proposed tower.
ii. Before the Hearing Examiner reviews any conditional use for a Telecommunications Tower, the proposed facility must be reviewed by the Transmission Facility Coordinating Group. The Transmission Facility Coordinating Group must verify the information in the draft application and must issue a recommendation within 20 days of accepting a complete Telecommunications Tower application. The applicant for a conditional use must file a complete copy of the recommendation from the Transmission Facility Coordinating Group with the Hearing Examiner at least 5 days before the date set for the public hearing. The Transmission Facility Coordinating Group recommendation must have been made within 90 days of its submission to the Hearing Examiner.
iii. Upon receipt of the Transmission Facility Coordinating Group recommendation, the applicant must submit an initial application to the Planning Director for approval of completeness, under Section 7.3.1.B.3. The Planning Director must review the application for completeness within 10 days after receipt.
iv. The Hearing Examiner must schedule a public hearing to begin within 30 days after the date a complete application is accepted by the Hearing Examiner.
(a) Within 10 days of when an application is accepted, the Office of Zoning and Administrative Hearings must notify the municipality where the proposed tower will be located, as well as all property owners, homeowners associations, civic associations, condominium associations, and renter associations within 300 feet of the proposed tower of:
(1) the filed application;
(2) the hearing date; and
(3) information on changes to the hearing date or the consolidation found on the Office of Zoning and Administrative Hearing’s website.
A sign that satisfies Section 59.7.5 must also be posted at the site of the application at the same time.
(b) The Hearing Examiner may postpone the public hearing for up to 30 days at the request of the applicant and must post notice on the website of the Office of Zoning and Administrative Hearings of any changes to the application, the application schedule, or consolidation of multiple applications.
(c) The Hearing Examiner may request information from Planning Department Staff.
v. The setback for a Telecommunications Tower must be measured from the base of the support structure.
vi. If the Hearing Examiner determines that additional height and reduced setback are needed to provide service or a reduced setback or increased height will allow the support structure to be located on the property in a less visually obtrusive location, the Hearing Examiner may reduce the setback requirement or increase the height up to 50 feet. In making this determination, the Hearing Examiner must consider the height of the structure, topography, existing tree coverage and vegetation, proximity to nearby residential properties, and visibility from the street.
vii. The Hearing Examiner may not approve a conditional use if the use abuts or confronts an individual resource or is in a historic district in the Master Plan for Historic Preservation.
viii. The tower must be located to minimize its visual impact as compared to any alternative location where the tower could be located to provide service. Neither screening under Division 6.5 nor the procedures and standards under Section 7.3.1 are required. The Hearing Examiner may require the tower to be less visually obtrusive by use of screen, coloring, or other visual mitigation options, based on existing tree coverage and vegetation and design and presence of streetlight, utility, or parking lot poles.
e. When multiple applications for Telecommunications Towers raise common questions of law or fact, the Hearing Examiner may order a joint hearing or consolidation of any or all of the claims, issues, or actions. Any such order may be prompted by a motion from any party or at the Examiner’s own initiative. The Hearing Examiner may enter an order regulating the proceeding to avoid unnecessary costs or delay. The following procedures for consolidated hearings govern:
i. All applications must be filed within 30 days of the initial application to be consolidated and be accompanied by a motion for consolidation.
ii. The proposed sites, starting at a chosen site, must be located such that no site is further than 3,000 feet from the chosen site in the application.
iii. The proposed sites must be located in the same zone, within the same Master Plan area, and in a neighborhood with similar building heights and setbacks.
iv. Each tower must be of the same or similar proposed height, structure, and characteristics.
v. A motion to consolidate must include a statement specifying the common issues of law and fact.
vi. The Hearing Examiner may order a consolidated hearing if the Examiner finds that a consolidated hearing will more fairly and efficiently resolve the matters at issue.
vii. If the motion to consolidate is granted, the applicant and opposition must include all proposed hearing exhibits with their pre-hearing statements.
viii. The Hearing Examiner has the discretion to require the designation of specific persons to conduct cross-examination on behalf of other individuals and to limit the amount of time given for each party’s case in chief. Each side must be allowed equal time.
f. Where a proposed Telecommunications Tower does not meet the limited use standards because it is taller than allowed under Section 3.5.2.C.2.b.vii or where there is no pre-existing or replacement pole so a new pole must be constructed, but otherwise meets the limited use standards under Section 3.5.2.C.2.b, the applicant may request a waiver from the Office of Zoning and Administrative Hearings. The application must meet the requirements of Sections 3.5.2.c.2.d.1 and 3.5.2.c.2.d.3.
i. A new pole may only be constructed if there is no utility pole or streetlight pole within 150 feet of the proposed location that could be used as a pre-existing pole or replacement tower.
ii. The applicant must notify by mail the municipality where the proposed tower will be located, as well as all property owners, homeowners associations, civic associations, condominium associations, and renter associations within 300 feet of the proposed tower. Proof of when notice was mailed must be submitted to the Office of Zoning and Administrative Hearings. A sign that satisfies Section 59.7.5 must also be posted at the site of the application at the same time.
iii. Upon receipt of notice of a waiver, the municipality, a property owner, homeowners association, civic association, condominium association, or renter association within 300 feet of the proposed tower may file an objection and request a hearing with the Office of Zoning and Administrative Hearings. An objection must be filed within 20 days of when notice was mailed.
iv. If an objection is received, the Hearing Examiner must send notice of an adjudicatory hearing to the applicant and any aggrieved person who filed an objection within 10 days after the objection is received and conduct any such hearing within 30 days of the date the objection is received. Waivers and objections may be consolidated under Section 3.5.2.c.2.e.5.
v. The Hearing Examiner may only decide the issues raised by the waiver or objection. The Hearing Examiner will determine whether the proposed location minimizes visual impact as compared to any alternative location where the new tower could be located to provide service, and consistent with the Hearing Examiner’s authority under Section 3.5.2.c.2.d. The maximum height allowed is 50 feet.
vi. The Hearing Examiner must issue a decision within 10 days of the hearing. If no objection is filed, the Hearing Examiner may issue a decision without a public hearing.
vii. The height of a new pole, including any attached antennas and equipment, must not be taller than the height of the nearest pre-existing streetlight or utility pole:
(a) plus 6 feet when abutting a right-of-way with a paved section width of 65 feet or less, or up to 25 feet where the height of the pole being replaced is less than 20 feet tall, whichever is greater; or
(b) plus 15 feet when abutting a right-of-way with a paved section width greater than 65 feet.
g. Any party aggrieved by the Hearing Examiner’s decision may file a petition for judicial review under the Maryland rules within 15 days of the publication of the decision.
(Legislative History: Ord. No. 18-08, § 5; Ord. No. 18-44, §2.; Ord. No. 19-17, § 2.)