Shenandoah County, VA Article XIX Telecommunications Towers

[Added 5-23-2000 by Ord. No. 00-6]

§ 165-151 Purposes.

It is the purpose of this article to facilitate the orderly development of structures which are needed to provide wireless telecommunications services, to encourage strongly the joint use of new and existing towers and minimize the total number of towers throughout Shenandoah County, and to encourage the configuration of towers and antennas in such a way that minimizes their visual impact. Furthermore, it is the purpose of this article to treat providers of functionally equivalent services in a reasonably like manner and to provide adequate sites for the provision of telecommunications services throughout Shenandoah County with minimal negative impact on the County. In enacting this article, no attempt has been made to address the environmental effects of radio frequency emissions. The siting of new telecommunications towers shall occur through the special use permit process, except that telecommunications facilities that locate on existing structures and towers shall be exempt from the special use permit requirement. The siting of telecommunications towers is permitted, provided that they are sited to minimize negative impact on residential properties, land use patterns, scenic areas, public lands and properties of significant historic value.

§ 165-152 Definitions.

[Amended 9-24-2019 by Ord. No. 2019-09]

For purposes of this article, the following terms shall carry the meanings assigned in this section:

ANTENNA

A structure or device used to collect or radiate electromagnetic waves, except structures or devices owned by Shenandoah County or used by Shenandoah County primarily for the purpose of public safety or governmental communications.

TELECOMMUNICATIONS ANTENNA

An antenna used to provide telecommunications service. The term "telecommunications antenna" does not include an antenna which solely services a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.

TELECOMMUNICATIONS TOWER

A structure used primarily for the purpose of supporting one or more telecommunications antennas.

§ 165-153 General provisions.

A. Height calculation.

(1) For purposes of this article, the height of an antenna is the distance between the finished grade of the ground nearest the antenna and the tallest point of the antenna. For purposes of this article, the height of a telecommunications tower is the distance between the finished grade of the ground nearest the telecommunications tower and the tallest point of the telecommunications tower or any antenna mounted on the tower, whichever is higher.

(2) Antennae mounted on structures other than telecommunications towers shall be no higher than 10% of the height of the structure on which it is mounted.

B. Separation from adjacent properties.

(1) Telecommunications towers must be separated from adjacent property by a distance not less than 110% of the height of the telecommunications tower.

(2) For purposes of this subsection, the dimensions of the entire lot shall control even though the antenna or telecommunications tower may be located on a leased area within such lot.

C. Setback from scenic roadways. All telecommunications towers shall be located at least 1,000 feet from any road designated as a Virginia Byway by the Commonwealth Transportation Board or any road being considered by the Commonwealth Transportation Board for Virginia Byway status.

D. Signs. No signs, lettering, symbols, images or trademarks shall be placed on or affixed to any part of any telecommunications antenna or telecommunications tower, other than as required by FCC regulations or other applicable law.

E. Lighting. All telecommunications towers shall be prohibited from using white flashing aviation obstruction lights, except that a dual lighting system, including red lights for nighttime and medium intensity flashing white lights for daytime and twilight use, as approved by the Federal Aviation Administration, shall be permitted.

F. Collocation. All telecommunications towers over 75 feet in height shall be designed and built to accommodate a minimum of three or more sets of telecommunications antennae. The owner of the tower must certify to the County that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis.

G. Security requirements.

(1) Telecommunications facilities that include buildings or additional structures shall be enclosed by security fencing not less than six feet in height which shall be equipped with an appropriate anticlimbing device.

(2) If a telecommunications antenna is mounted on an alternative structure, the security fencing shall not be required unless the County determines that its safety requirements are not met without it.

(3) Monopole towers and other single-pole structures standing alone shall be secured by anticlimbing devices.

§ 165-154 Height and special use permit requirement.

[Amended 11-5-2020 by Ord. No. 2020-17]

All telecommunications towers should be designed and built so that they are as short as possible, and in all cases, they shall be less than 200 feet in height, except that the Board of Supervisors may approve a tower 200 feet or taller to replace an existing tower that is 200 feet or taller, provided that a condition of approval of such replacement tower requires the original tower to be dismantled and removed within 180 days after the replacement tower begins service. All telecommunications towers require a special use permit regardless of the zoning district in which they are located.

§ 165-155 Siting requirements.

All telecommunications towers shall be located so as to avoid scenic, historic areas of the County. Siting to minimize visual impact is strongly encouraged. Requirements for siting and construction of telecommunications facilities shall include the following:

A. No new telecommunications tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the County that existing telecommunications towers or other structures cannot accommodate the proposed antenna or other facility.

B. Telecommunications towers must have a galvanized steel finish or, subject to any applicable standards of the FAA, be painted so as to reduce visual obtrusiveness. Dish antennae shall be of a neutral, nonreflective color with no logos.

C. The design of buildings and related structures used in conjunction with any telecommunications facility shall, to the maximum extent possible, use materials, colors, textures, screening and landscaping that will blend the telecommunications facilities in with the surrounding natural setting.

D. If an antenna is installed on a structure other than a telecommunications tower, the antenna and all supporting electrical and mechanical equipment must be of a color that is identical to or closely compatible with the color of the structure so as to make the antenna and related equipment as visually unobtrusive as possible.

E. A telecommunications facility or telecommunications tower shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the County may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

F. No advertising of any type may be placed on the telecommunications facility or other structures associated with the telecommunications facility. A sign shall be required at each site displaying the name and contact number of the tower owner. Such signs shall not exceed four square feet in size and shall be located on the security fence or other approved location.

§ 165-156 Federal requirements.

All telecommunications towers and antennae must meet or exceed current standards and regulations of the FCC, the FAA and any other agency of the federal government with the authority to regulate such facilities. If such standards and regulations are changed, then the owners and operators of the facilities governed by this division shall bring such telecommunications towers and/or antennae into compliance with such revised standards as required. Failure to bring such facilities into compliance with such revised standards and regulations shall constitute grounds for the removal of the telecommunications tower(s) and antenna(e) at the owner's or operator's expense.

§ 165-157 Site plan required.

A. Site plan review and approval is required for all telecommunications tower installations, as provided in Article XIV. In addition to the requirements of Article XIV, additional information shall be required as deemed necessary by the County to determine the appropriateness of the particular site and telecommunications facility(ies) proposed.

B. Such additional information may include: a map of the search area used to site the proposed facility, scaled elevation view and other supporting drawings, photographs of the proposed site, simulations of the site as it will appear once the proposed facilities are constructed, detailed landscaping and screening plan, coverage map, additional information that may be needed for a technical review of the proposal by a licensed engineer.

§ 165-158 Inventory of existing towers required.

All telecommunications tower applications shall include a complete and accurate inventory and map of the applicant's and other known existing and proposed telecommunications towers and other structures on which a telecommunications antenna could be located or collocated within a five-mile radius of the proposed telecommunications tower. A professional engineer must certify the completeness and accuracy of the inventory and map.

§ 165-159 Tower design.

Monopole structures are preferred over lattice-type towers. All towers shall be designed and constructed to accommodate collocation of additional facilities.

§ 165-160 Removal of towers.

Any antenna or telecommunications tower that is not operated for a continuous period of 12 months shall be considered abandoned, and its owner shall remove it within 60 days notice from the County, at the owner's expense.