[Added 5-23-2000 by Ord. No. 00-6]
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.
[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:
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.
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.
A structure used primarily for the purpose of supporting
one or more telecommunications antennas.
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.
[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.
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.
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.
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.
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.
Monopole structures are preferred over lattice-type
towers. All towers shall be designed and constructed to accommodate
collocation of additional facilities.
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.