A.Â
The purpose of this article is to provide an opportunity for citizens
of Mathews County to access affordable broadband service and to create
a set of standards to permit various types of telecommunications structures
without these structures having potential adverse impacts on the County's
rural character and environmentally sensitive areas.
B.Â
It is intended that Mathews County shall apply these regulations
to accomplish the following:
(1)Â
Minimize adverse visual effects of telecommunications towers,
antennas and facilities through design and siting standards.
(2)Â
Maintain and ensure that a nondiscriminatory, competitive and
broad range of telecommunications services and high quality telecommunications
infrastructure consistent with the Federal Telecommunications Act
of 1996 are provided to serve the community, as well as serve as an
important and effective part of the Mathews County law enforcement,
fire and emergency response network.
(3)Â
Provide a process for obtaining necessary permits for telecommunications
facilities while at the same time protecting the interests of Mathews
County citizens.
(4)Â
Protect environmentally sensitive areas of Mathews County by
regulating the location, design and operation of telecommunications
towers, antennas and facilities.
(5)Â
Encourage the use of alternative support structures, co-location
of new antennas on existing telecommunications towers and construction
of towers with the ability to locate multiple providers.
As used in this article, the following terms shall have the
meanings indicated:
Structures including but not limited to clock towers, steeples,
silos, water towers, fire towers, freestanding chimneys, utility poles
and towers, towers, buildings or similar structures that may support
telecommunications antennas or similar devices.
Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of radio frequency
signals when such system is either external to or attached to the
exterior of a structure.
A telecommunications facility comprised of a single telecommunications
tower or structure supporting multiple antennas, dishes, or similar
devices owned or used by more than one public or private entity.
An existing, replacement or erected electrical transmission
or distribution pole, telephone pole, street light or other approved
similar structure with an attached antenna.
A single, self-supporting pole-type structure, tapering from
base to top and supporting a fixture designed to accommodate one or
more antennas.
A facility, site, or location that consists of one or more antennas, telecommunications towers, other similar communication devices and support equipment which is used for transmitting, receiving, or relaying telecommunications signals, excluding facilities exempted under § 175-23.3.
A telecommunications tower or alternative support structure
upon which telecommunications antenna(s) may be mounted.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including lattice towers, guyed towers or monopole towers. This includes radio and television transmission towers, microwave towers, and common-carrier towers. It shall exclude alternative support structures and those structures exempted under § 175-23.3.
The following regulations apply generally to all telecommunications
facility structures and are in addition to the regulations contained
elsewhere in this chapter.
A.Â
Zoning permit required. No telecommunications facility structure,
unless herein exempted, shall be erected, constructed, altered, or
relocated except as provided in this article and in these regulations,
until a zoning permit has been approved and issued by the Mathews
County Department of Planning and Zoning. All telecommunications facilities
and structures which transmit, distribute or relay electronic signals
shall apply for a separate electrical permit to be approved and issued
by the building official.
(1)Â
Prior to granting a zoning permit for the erection of a telecommunications
facility structure, scaled drawings and specifications shall be filed
with the Department of Planning and Zoning showing the location, dimensions,
height, type of materials and the details of construction/erection
of the structure including anchorage.
(2)Â
When seeking approval of a telecommunications facility, the
applicant shall furnish written documentation that:
(a)Â
The proposed facility/structure is reasonably necessary to serve
an adjacent residential property or district.
(b)Â
The location of the facility/structure in relation to existing
structures, trees and other buffers shall minimize, to the greatest
extent practicable, any impact on affected residentially zoned property.
(c)Â
Any other factors that the applicant/owner deems to be relevant
to the County's consideration of a structure/facility siting.
B.Â
C.Â
Exempt facilities/structures. The following telecommunications facility
structures are exempted from review under Article 23:
D.Â
Determining structure height. The structure height shall be measured
as the vertical distance from the normal grade at the base of the
structure to the highest point of the structure. The maximum height
of a permitted data pole, including the antenna, shall not exceed
120 feet in height from grade. The maximum height of a telecommunications
tower shall be established through approval of a conditional use permit
by the Board of Supervisors.
E.Â
Setback regulations. Telecommunications facility structures, with
the exception of telecommunications towers, shall be set back a minimum
of 50 feet from the edge of public rights-of-way in all zoning districts.
F.Â
Yard regulations.
(1)Â
Side: The minimum side yard for each telecommunications facility
structure, with the exception of telecommunications towers, shall
be five feet in all zoning districts.
(2)Â
Rear: The minimum rear yard for each telecommunications facility
structure, with the exception of telecommunication towers, shall be
five feet in all zoning districts.
G.Â
Removal of structures. The Zoning Administrator may order the removal
of any telecommunications structure/facility when use of the facility
has been discontinued or the facility has not been used for its permitted
purpose for 12 consecutive months. Mere intent to continue use of
the facility shall not constitute use. The applicant/owner shall demonstrate
through facility lease(s) or other similar instruments that the use
will be continued without a lapse of more than 12 consecutive months
to constitute actual use. If the applicant/owner cannot demonstrate
actual use of the facility, it shall be considered abandoned and shall
be removed. Nothing in this section prevents the removal of the facility
prior to expiration of the twelve-month period.
H.Â
Structural requirements. All facilities/structures shall meet the
structural requirements for same as set forth in the Uniform State-wide
Building Code.
B.Â
The following telecommunications facility structure(s) shall be permitted
in the Rural District (RU), Residential-1 District (R-1), Business
Districts (B-1 and B-2) and Industrial District (I) subject to all
other requirements of this chapter, only upon obtaining a conditional
use permit from the Board of Supervisors:
(1)Â
Telecommunications tower (including lattice towers, guyed towers
and monopole towers).
Existing, permitted, nonconforming telecommunications towers
and facilities may have antenna(s) added, moved or replaced on said
structures upon review and approval of the Department of Planning
and Zoning.
