A. 
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. 
It is intended that Mathews County shall apply these regulations to accomplish the following:
(1) 
Minimize adverse visual effects of telecommunications towers, antennas and facilities through design and siting standards.
(2) 
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) 
Provide a process for obtaining necessary permits for telecommunications facilities while at the same time protecting the interests of Mathews County citizens.
(4) 
Protect environmentally sensitive areas of Mathews County by regulating the location, design and operation of telecommunications towers, antennas and facilities.
(5) 
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:
ALTERNATIVE SUPPORT STRUCTURE
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.
ANTENNA
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.
CO-LOCATION
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.
DATA POLE
An existing, replacement or erected electrical transmission or distribution pole, telephone pole, street light or other approved similar structure with an attached antenna.
MONOPOLE STRUCTURE
A single, self-supporting pole-type structure, tapering from base to top and supporting a fixture designed to accommodate one or more antennas.
TELECOMMUNICATIONS FACILITY
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.
TELECOMMUNICATIONS FACILITY STRUCTURE
A telecommunications tower or alternative support structure upon which telecommunications antenna(s) may be mounted.
TELECOMMUNICATIONS TOWER
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. 
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) 
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) 
When seeking approval of a telecommunications facility, the applicant shall furnish written documentation that:
(a) 
The proposed facility/structure is reasonably necessary to serve an adjacent residential property or district.
(b) 
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) 
Any other factors that the applicant/owner deems to be relevant to the County's consideration of a structure/facility siting.
B. 
Telecommunications facility structures prohibited. Telecommunication facilities/structures shall not be allowed in the following areas:
(1) 
Historic sites, structures and districts.
(2) 
Tidal.
[Amended 10-27-2020]
(3) 
Zoning districts:
[Amended 10-27-2020]
(a) 
Conservation District (C).
(b) 
The Resource Protection Area (RPA) of the Chesapeake Bay Preservation Area Overlay District, unless approved by the Zoning Administrator through an administrative process.
C. 
Exempt facilities/structures. The following telecommunications facility structures are exempted from review under Article 23:
(1) 
Personal television antennas, radio antennas, satellite dishes, receive only antennas and amateur radio facilities.
(2) 
Mobile services providing public information coverage of news events or of a temporary or emergency nature.
D. 
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. 
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. 
Yard regulations.
(1) 
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) 
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. 
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. 
Structural requirements. All facilities/structures shall meet the structural requirements for same as set forth in the Uniform State-wide Building Code.
A. 
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):
(1) 
Alternative support structure.
(2) 
Data pole.
B. 
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) 
Telecommunications tower (including lattice towers, guyed towers and monopole towers).