A "special exception" is a use that is generally desirable for
the general convenience and welfare, but, because of its nature and
location, requires additional review by the Board of Adjustment to
assess its impact on neighboring properties and the entire Town.
Every applicant shall have the burden of presenting the information
needed by the Board of Adjustment to make a special exception determination.
Approval of an application by the Board of Adjustment does not
supersede or obviate the need for complying with any other applicable
ordinances, standards, approvals, or review procedures.
The Board of Adjustment shall determine whether each special
exception application meets the following conditions:
A. Is in harmony with the purposes and intent of the Comprehensive Plan;
B. Will be in harmony with the general character of its neighborhood
considering density, design, bulk, and scale of proposed new structures;
C. Will not be detrimental to the use, peaceful enjoyment, economic
value, or development of surrounding properties;
D. Will not cause objectionable noise, vibrations, fumes, odors, dust,
glare, or physical activity;
E. Will have no detrimental effect on vehicular or pedestrian traffic;
F. Will not adversely affect the health, safety, security, or general
welfare of residents, visitors, or workers in the area; and
G. Complies with all other applicable standards, laws, and regulations
in addition to the provisions of this chapter.
See Title 24, Chapter 16, of the Delaware Code.
[Amended 3-12-2019 by Ord. No. 356]
A. Purpose.
(1)
Purpose: regulate the use and location of ham radio and citizens
band radio operations.
(2)
Intent.
(a)
Make reasonable accommodation for ham and citizens band radio
operations.
(b)
Impose no unreasonable costs on the operators of ham and citizens
band radios.
B. Definitions. The following definitions shall apply to the regulations
and standards in this section.
AMATEUR RADIO
A radio used for two-way radio communications by private
individuals as a leisure-time activity, public service or recreation;
also known as "ham radio."
AMATEUR RADIO STATION
A radio station operated in the amateur radio service under
license by the Federal Communications Commission.
ANTENNA SUPPORT STRUCTURE
Any structure, mast, pole, tripod or tower utilized for the
purpose of supporting an antenna or antennas for the purpose of transmission
or reception of electromagnetic waves (by federally licensed radio
operators).
ANTENNA SUPPORT STRUCTURE HEIGHT
The overall vertical length of the antenna support structure
or tower, above grade or ground (measured between the highest point
of the antenna support structure and the natural grade directly below
this point), or if such system is mounted on a building or other structure,
then the overall vertical length includes the height of the building
or structure upon which the antenna support structure is mounted.
CITIZENS BAND RADIO
A private two-way voice communication service for use in
personal and business activities of the general public. Its communications
range is from one mile to five miles.
C. Number permitted. No more than one amateur radio tower shall be permitted
on any lot and shall be limited to rear yards.
D. Location.
(1)
The antenna and its support structure shall not be attached
or mounted on any such building appurtenance, such as a chimney.
(2)
The placement of an amateur radio tower shall remain 65 feet
from any neighboring house; guide wires shall not be closer than five
feet to the property line on any side. The antenna shall be installed
to withstand wind force of more than 80 miles per hour without the
support of guide wire.
E. Height. The total height of the antenna and its antenna support structure
may not exceed 65 feet above grade. The height shall be measured vertically
and shall include the height of any building or structure upon which
the antenna support structure is mounted.
F. Electrical requirements. All antenna support structures, whether
ground- or roof-mounted, shall be electrically grounded. Grounding
shall be in accordance with the provisions of the National Electrical
Code and the support structure's manufacturer's specifications.
G. Safety and maintenance.
(1)
All amateur radio towers shall be fitted with anticlimbing devices.
(2)
Any antenna structure, antenna support, and accessory structures
not properly maintained as required under the standards of this chapter
shall be required to be removed at the expense of the persons having
control or receiving benefits within 60 days after receiving notice
of nonmaintenance from the Town.
H. Application requirements. All applicants seeking a special exception
to construct, erect, relocate or alter an amateur radio antenna shall
demonstrate compliance with this section in an application provided
by the Town, accompanied by the fee and the following documents:
(1)
One copy of the typical specifications for proposed structures
and antennas, including description of design characteristics and
material.
(2)
A site plan to scale showing property boundaries, tower location,
tower height, guy wires and anchors, existing structures, fences,
landscape plan, and existing land uses on adjacent property. (A site
plan is not required if the antenna is to be mounted on an approved
existing structure.)
(3)
Elevations drawn to scale and dimensioned so as to fully describe
the proposed structure.
(4)
Documentation that the antenna is designed to withstand winds
in accordance with all the applicable national building standards
for such facilities and structures.
(5)
Evidence that a valid federal amateur radio license for the
proposed activity has been issued; unless exempt from federal license
requirement, this license must remain current during the duration
of the antenna or the applicant will be subject to removal of the
antenna and any supporting structures at his or her expense within
30 days after the license has expired.
(6)
A copy of the applicant's homeowner or rental insurance policy
to ensure the applicant has proof of insurance for liability purposes.
Proof of insurance must be submitted to the Town annually, no later
than the last business day in January of each year.
(7)
Any additional information required by the Town for determination
that all applicable zoning regulations are met.
I. Nonconforming antennas.
(1)
Amateur radio antennas, antenna structures, and masts in existence
as of the effective date of this chapter may continue to be used without
complying with the provisions of this chapter except as herein provided
and shall be considered a legal nonconforming use. Amateur radio antennas,
antenna structures, and masts that are a legal nonconforming use shall
comply with the provisions regarding height restrictions to the extent
that they are capable of doing so without modification. Amateur radio
antennas, antenna structures, and masts may be enlarged, expanded
or relocated only if brought into compliance with the provisions of
this section. An amateur radio antenna special exception shall be
obtained before any expansion, enlargement or relocation.
(2)
An existing antenna support structure utilized by a federally
licensed amateur radio operator that had been constructed and that
was in place prior to the date of the passage of this chapter must
comply with all the safety and construction requirements of this section.