Sec. 48-540. - Purpose and intent.
Sec. 48-543. - Regulations and standards.
Secs. 48-546—48-559. - Reserved.
Sec. 48-540. - Purpose and intent.
The purpose and intent of this subdivision is to (i) accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare of the community, (ii) protect the built and natural environment from the adverse visual impact of telecommunications facilities and equipment through appropriate design and siting standards, applicable landscape screening, and innovative camouflage techniques, as well as through the provision of alternative treatments; and (iii) maximize the use of existing, approved telecommunications sites, structures and buildings to accommodate multiple antennas so as to minimize the need for new sites and reduce the number of overall facilities.
(Ord. No. 10-041(sub 1), § 21, 10-7-10)
(a)
This subdivision specifically addresses commercial telecommunications facilities and antennas. This subdivision shall apply to the installation of commercial telecommunication facilities and antennas at the following locations:
(1)
All property owned by private persons, firms, corporations or organizations;
(2)
Property owned or operated by the city or any agencies of the city, including public streets and alleys; and
(3)
Property owned by any local, state or federal government agency or political subdivision thereof required to comply with local government regulations or by written agreement.
(b)
This subdivision shall not apply to the following:
(1)
Amateur (including ham and short wave) radio facilities on private or public property, or the use of direct-to-home satellite services, television satellite or other related equipment solely for private, noncommercial use;
(2)
Antennas or antenna support structures erected temporarily for test purposes or for emergency communications. Temporary shall mean that the antenna or structure is removed within 72 hours of the termination of testing or emergency needs;
(3)
Telecommunications facilities which are not licensed by the FCC and are determined by the zoning manager to have little or no adverse visual impact; and
(4)
Any telecommunications facility located on land owned by one of the public entities listed below and operated for the public entity's public purpose only and not for commercial reasons:
a.
Federal government or any of its agencies;
b.
The state or any of its agencies or political subdivision of the state not required by state laws to comply with local zoning ordinances; and
c.
Wireless telecommunications facilities that are used solely for government, public safety or emergency purposes (including but not limited to 911 emergency services, police, sheriff, fire departments, first responder medical services, hospitals), whether located on property owned, leased or otherwise controlled by the government or as installed by or for the government on other structures or at other locations, and which incorporate stealth or camouflage technologies.
(c)
This division shall apply to all new antenna and telecommunications facilities, regardless of location or collocation, and to all existing antenna and telecommunications facilities that are to be expanded, relocated or replaced, excluding in-kind replacement.
(Ord. No. 10-041(sub 1), § 21, 10-7-10)
Except as specified in this division, it shall be unlawful for any person to erect, install, construct, enlarge, move, alter or convert any antenna or support structure, or cause the same to be done, within the City of Wilmington except in accordance with the provisions of this division. All antennas, support structures and related equipment shall also comply with all zoning and development regulations applicable to the district in which they are located. All antennas and related support structures shall be constructed in accordance with all relevant federal, state and local laws, statutes, codes and regulations.
(Ord. No. 10-041(sub 1), § 21, 10-7-10)
Sec. 48-543. - Regulations and standards.
The department of planning and development, acting with the advice of the city planning commission, shall prepare, and from time to time modify, the standards and regulations governing the installation, design and concealment of commercial antennas and telecommunications facilities as shall be necessary to carry out the purposes of this chapter.
(Ord. No. 10-041(sub 1), § 21, 10-7-10)
(a)
All antenna, telecommunication facilities and related support structures, equipment and screening shall adhere to the setback requirements of the district within which they are located.
(b)
All ground mounted tower antennas, monopole antennas and antenna support structures shall be setback from the nearest property line at least a distance equal to the total height of the antenna and antenna support structures, in cases where the height exceeds the required setback distance.
(c)
No ground mounted tower or monopole shall be placed within 500 feet of any residential zone.
(Ord. No. 10-041(sub 1), § 21, 10-7-10)
(a)
The height of antennas, telecommunications facilities and related support structures, equipment and screening shall adhere to the requirements of the zoning district in which they are located.
(b)
The height of any building or structure mounted antenna or telecommunications facility, and their related support structures, equipment and screening, shall not exceed a height of 15 feet above the point of mounting.
(Ord. No. 10-041(sub 1), § 21, 10-7-10)