[Added 8-10-2020 by Ord.
No. 199]
A. Subject to the following conditions, small wireless facilities and
support structures therefor shall be a permitted use in all Zoning
Districts:
(1)
Any person desiring to install a small wireless facility, including
any support structure, in, upon or over private property shall first
obtain approval from the Council. All applications for small wireless
facilities, including any support structures, shall be referred to
the Planning and Zoning Commission for review and recommendations
prior to being considered by the Council.
(2)
An applicant desiring to install a small wireless facility in,
upon or over private property shall provide the following information:
(a)
A technical description of the small wireless facility and support
structure along with detailed diagrams accurately depicting all components
and equipment;
(b)
A detailed description of the design, location and installation
timeframe for the small wireless facility and any support structure;
(c)
An engineering certification;
(d)
A statement describing the applicant's intentions with respect
to collocation, if applicable, with collocation being preferred and
more favorably viewed;
(e)
A statement demonstrating the applicant's ability to comply
with all applicable safety standards;
(f)
If the applicant is not the owner of the subject property, an
executed attachment agreement with the property owner;
(g)
A decommissioning plan; and
(h)
Such other information as the Planning and Zoning Commission
and/or Council may require.
B. Requirements and findings. Small wireless facilities and support
structures proposed to be located in, upon or over private property
shall meet the following requirements:
(1)
Support structures shall:
(a)
Comply with all applicable structural and safety standards;
(b)
Not obstruct pedestrian or vehicular flow or sight lines;
(c)
Including antennae and other appurtenances, not exceed the average
height of the existing streetlight poles or utility poles within the
area extending 500 feet in any direction from the proposed structure;
(d)
Be designed to accommodate the collocation of at least one other
small wireless facility to the extent technologically feasible;
(e)
If metal, be treated or painted with nonreflective paint, and
in a way to conform or blend with the surroundings; and
(f)
Comply with the Leonardtown Small Wireless Facility Design Guidelines
adopted by resolution of the Council to the maximum extent practicable,
along with such other requirements and conditions as the Planning
and Zoning Commission and/or Council may deem appropriate to impose.
(2)
All small wireless facilities shall be located, designed and
operated in accordance with all applicable local, state and federal
laws and regulations and to minimize visual impact on surrounding
properties to the maximum extent practicable and shall otherwise comply
with such requirements and conditions as the Planning and Zoning Commission
and/or Council may deem appropriate to impose.
(3)
Small wireless facilities shall not be located in an area where
there is an over-concentration of small wireless facilities.
(4)
The location selected and the scale and appearance of the small
wireless facility shall be consistent with the general character of
the neighborhood. Applicants shall follow the Leonardtown Small Wireless
Facility Design Guidelines to the maximum extent practicable.
(5)
Small wireless facilities located in a residential Zoning District
shall not generate any noise.
(6)
Support structures shall comply with the building setback provisions
of the applicable Zoning District. In addition, the minimum setback
distance from the ground base of any new support structure to any
property line, sidewalk, street or public recreational area shall
be the height of the support structure, including any antennae or
other appurtenances. This setback is considered a "fall zone."
(7)
The height of any new support structure, including any antennae
or other appurtenances, shall not exceed the average height of the
existing streetlight poles or utility poles within the area extending
500 feet in any direction from the proposed support structure.
(8)
A small wireless facility and/or support structure shall be
lighted only if required by the Federal Aviation Administration. Lighting
of equipment shelters and other facilities on site shall be shielded
from other properties.
(9)
If metal, the support structure must be treated or painted with
nonreflective paint and in a way to conform to or blend in with the
surroundings.
(10)
The small wireless facility and support structure shall be used
continuously for wireless communications. In the event the small wireless
facility and support structure cease to be so used for a period of
six months, the Council may revoke any approval granted pursuant to
this section. The individual or entity to whom such approval has been
granted shall be responsible for removing the small wireless facility
and any support structure within 45 days following such revocation.
Any portion of the small wireless facility and/or support structure
which has not been removed within 45 days following such revocation
shall be considered abandoned and may be removed and disposed of by
the Town, with all such costs to be the sole responsibility of the
individual or entity to whom the special exception was granted.
(11)
In addition to the other criteria required hereunder, the Planning
and Zoning Commission shall not provide a favorable recommendation
for, and the Council shall not approve, an application for a small
wireless facility when, in its sole judgment, sufficient capacity
no longer exists for additional small wireless facilities to be placed
in the proposed location without jeopardizing the physical integrity
of other small wireless facilities, support structures or other utilities
already present in the proposed location.