<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 14-339 Telecommunications facilities.">
  <section prefix="§" num="14-339" heading="Telecommunications facilities.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="Base station.">
        <para num="(i)" heading="In general.">“Base station” means the transmission equipment and non-tower supporting structure at a fixed location that enables wireless communications services between user equipment and a communications network.</para>
        <para num="(ii)" heading="Exclusions.">“Base station” does not include a satellite dish antenna, as defined in § 1-313(d) {“Satellite dish antenna”} of this Code.</para>
      </para>
      <para num="(3)" heading="Collocate.">“Collocate” means to mount or install transmission equipment on telecommunication facilities for the purpose of transmitting or receiving radio frequency signals for communications purposes.</para>
      <para num="(4)" heading="Distributed antenna system; DAS.">“Distributed antenna system” or “DAS” means a network of multiple, spatially separate antenna nodes connected, for the purpose of providing wireless communication services within a geographic area.</para>
      <para num="(5)" heading="Eligible facilities request.">“Eligible facilities request” means any request for modification of an existing tower or base station that:<para num="(i)">involves:<para num="(A)">the collocation of new transmission equipment;</para>
          <para num="(B)">the removal of transmission equipment; or</para>
          <para num="(C)">the replacement of transmission equipment; and</para>
        </para>
        <para num="(ii)">does not:<para num="(A)">substantially change physical dimensions; or</para>
          <para num="(B)">include the replacement of a tower.</para>
        </para>
      </para>
      <para num="(6)" heading="Node.">“Node” means a component of a DAS or small cell installation that:<para num="(i)">includes one or more radio frequency transmitters or antennae; and</para>
        <para num="(ii)">is connected by a high capacity transport medium (such as a fiber optic cable) to a common source with other nodes.</para>
      </para>
      <para num="(7)" heading="Small cell installation.">“Small cell installation” means a wireless communication technology installation similar to a DAS, but normally including a single node.</para>
      <para num="(8)" heading="Substantially change ... physical dimensions.">“Substantially change ... physical dimensions”, when used with reference to a tower or base station, means:<para num="(i)">for a tower:<para num="(A)">an increase in the tower’s height by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; or</para>
          <para num="(B)">the creation of an appurtenance that protrudes from the edge of the tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater;</para>
        </para>
        <para num="(ii)">for a base station:<para num="(A)">an increase in the base station’s height by more than 10% or 10 feet, whichever is greater; or</para>
          <para num="(B)">the creation of an appurtenance that protrudes from the edge of the base station by more than 6 feet;</para>
        </para>
        <para num="(iii)">an installation of more than the standard number of new equipment cabinets for the technology involved or, in any event, more than 4 cabinets;</para>
        <para num="(iv)">a modification that entails an excavation or deployment outside the current site of the tower or base station;</para>
        <para num="(v)">a modification that would defeat the existing concealment elements of the tower or base station; and</para>
        <para num="(vi)">a modification that does not comply with conditions associated with the prior approval of construction or modification of the tower or base station, unless the non-compliance is due to an increase in height, increase in width, additional cabinet installation, or new excavation that does not exceed the corresponding “substantial change” thresholds identified above.</para>
      </para>
      <para num="(9)" heading="Telecommunications facility.">
        <para num="(i)" heading="In general.">“Telecommunications facility” means any structure that falls within the definition of “base station” or “tower”.</para>
        <para num="(ii)" heading="Exclusion.">“Telecommunications facility” does not include a data center.</para>
      </para>
      <para num="(10)" heading="Tower.">
        <para num="(i)" heading="In general.">“Tower” means any structure built for the sole or primary purpose of supporting a base station.</para>
        <para num="(ii)" heading="Exclusions.">“Tower” does not include a satellite dish antenna, as defined in § 1-313(d) {“Satellite dish antenna”} of this Code.</para>
      </para>
      <para num="(11)" heading="Transmission equipment.">
        <para num="(i)" heading="In general.">“Transmission equipment” means any equipment that facilitates transmission for a wireless communication service.</para>
        <para num="(ii)" heading="Inclusions.">“Transmission equipment” includes radio transceivers, antennas, and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply.</para>
        <para num="(iii)" heading="Exclusions.">“Transmission equipment” does not include a satellite dish antenna, as defined in § 1-313(d) {“Satellite dish antenna”} of this Code.</para>
      </para>
      <para num="(12)" heading="Wireless communications service.">
        <para num="(i)" heading="In general.">“Wireless communications service” means a radiocommunication service licensed pursuant to Federal Communications Commission requirements for frequency bands in the 2305-2320 and 2345-2360 MHZ spectrum range.</para>
        <para num="(ii)" heading="Illustrations.">The most common use of this spectrum is mobile voice and data services, including cell phone, text messaging, and Internet.</para>
      </para>
    </para>
    <para num="(b)" heading="Exclusions from section.">This section does not apply to towers or base stations located in a public right-of-way.</para>
    <para num="(c)" heading="Purpose of standards.">The following standards for telecommunications facilities are intended to:<para num="(1)">ensure public health, safety, and welfare;</para>
      <para num="(2)">ensure access to reliable wireless communications services throughout the City;</para>
      <para num="(3)">encourage the location of antennas and towers on City-owned property;</para>
      <para num="(4)">encourage the use of existing telecommunications facilities for wireless communications services; and</para>
      <para num="(5)">encourage the location of towers, to the extent possible, in areas where the adverse impact on the City will be minimal and, preferably, in non-residential districts.</para>
    </para>
    <para num="(d)" heading="Approval and application requirements.">
      <para num="(1)" heading="Use approvals.">A telecommunications facility is, in all districts, a conditional use requiring approval by the Board of Municipal and Zoning Appeals, except where, as provided in subsection (k) {“Stealth design”} or subsection (n) {“Modifications”} of this section, it is a permitted use subject to site plan review.</para>
      <para num="(2)" heading="Application requirements.">In addition to the general requirements for conditional-use applications, site plan review submissions, eligible facilities requests, or other documentation, all applications to erect, construct, or modify any part of a telecommunications facility must include the following items:<para num="(i)">a site plan showing:<para num="(A)">the location, size, screening, and design of all structures, including fences;</para>
          <para num="(B)">the location and size of all outdoor equipment;</para>
          <para num="(C)">elevations showing antenna height;</para>
          <para num="(D)">a landscape plan; and</para>
          <para num="(E)">if the site plan is for a new tower, indication of the fall zone (shaded circle);</para>
        </para>
        <para num="(ii)">a maintenance plan, and any applicable maintenance agreement, designed to ensure long-term, continuous maintenance to a reasonably prudent standard, including maintenance of landscaping, keeping the area free from debris and litter, and immediate removal of any graffiti;</para>
        <para num="(iii)">a description of what is proposed, demonstrating the need for the telecommunications facility to be located where proposed;</para>
        <para num="(iv)">the reason or purpose for the placement, construction, or modification, with specific reference to the provider’s coverage, capacity, and quality needs, goals, and objectives;</para>
        <para num="(v)">the service area of the proposed telecommunications facility;</para>
        <para num="(vi)">if the proposal is for a new tower, a map showing existing telecommunications facilities within the City and within areas surrounding the borders of the City, together with a justification for why locating on those existing facilities is not feasible and the new tower needed where proposed;</para>
        <para num="(vii)">certification by a professional engineer of the manner in which the proposed structure will fall, which certification may be used, along with other criteria such as applicable regulations for the district in question, in determining if additional setback should be required for the structure and other facilities; and</para>
        <para num="(viii)">a visual simulation or rendering of the proposed telecommunications facility that illustrates the relationship between the height and the visual appearance of the telecommunications facility.  The Zoning Administrator may require that the visual simulation be provided from 2 different perspectives and accurately depict the scale of the proposed telecommunications facility in the context of the surrounding area.</para>
      </para>
    </para>
    <para num="(e)" heading="Setbacks.">
      <para num="(1)">Telecommunications facilities must be set back from all lot lines in accordance with the minimum setback requirements applicable to the district in question.</para>
      <para num="(2)">DAS and small cell installation sites are not subject to setback requirements.</para>
    </para>
    <para num="(f)" heading="Height.">The maximum height of a tower is the minimum needed to function satisfactorily with telecommunications facilities for at least 2 wireless communications service providers.  The conditional-use application for approval of a tower must demonstrate the height needed for the tower.</para>
    <para num="(g)" heading="Lighting and marking.">Telecommunications facilities may not be lit or marked unless required by the Federal Communications Commission, by the Federal Aviation Administration, or for the specific purpose of security, maintenance, or repair.</para>
    <para num="(h)" heading="Landscaping.">Telecommunications facilities must comply with the landscaping regulations of the Baltimore City Landscape Manual.</para>
    <para num="(i)" heading="Additional standards for facilities.">
      <para num="(1)">A base station may house only equipment and supplies for the direct operation of the telecommunications facility.  Equipment and supplies not used in direct support of the operation may not be stored on the site.</para>
      <para num="(2)">The facility may not be staffed.</para>
      <para num="(3)">Signs are strictly prohibited unless required by FCC or other governmental regulation.</para>
    </para>
    <para num="(j)" heading="Additional standards for towers.">
      <para num="(1)">A tower may be freestanding or supported and may be of either lattice or monopole construction.</para>
      <para num="(2)">The ability for other wireless communications service providers to collocate on a tower is required.  Towers must be designed to accommodate other wireless communications service providers.  The area surrounding a tower must be of a sufficient size to accommodate the base stations of at least 2 wireless communications service providers.</para>
      <para num="(3)">Unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration, or the City, towers must have a galvanized silver or gray finish.</para>
    </para>
    <para num="(k)" heading="Stealth design.">
      <para num="(1)">Stealth designs for base stations are encouraged and are permitted uses in all commercial, industrial, and special purpose districts, subject to site plan review and the requirements of this section.</para>
      <para num="(2)">An application for site plan review must include all information required by this section.</para>
      <para num="(3)">To qualify as a permitted stealth design:<para num="(i)">the base station must be within an enclosed structure or otherwise screened from  public view in accordance with the requirements of the Baltimore City Landscape Manual;</para>
        <para num="(ii)">its antennae must be mounted at least 40 feet above grade, except for small cell installations, which must be mounted at least 25 feet above grade or a minimum of 15 feet by conditional use, as measured from grade to the base of the antenna;</para>
        <para num="(iii)">the base station must be located on or in a structure already permitted within the zoning district, such as water towers, clock towers, streetlights, penthouses, parapet walls, and steeples, and designed to blend into the structure; and</para>
        <para num="(iv)">the base station may not increase the overall height of the structure on which it is mounted.</para>
      </para>
      <para num="(4)">Base stations that collocate on existing towers are considered stealth design.</para>
    </para>
    <para num="(l)" heading="Abandonment.">
      <para num="(1)">Any telecommunications facility that is not operated for 180 consecutive days is considered abandoned.</para>
      <para num="(2)">The owner must remove the telecommunications facility and all aboveground equipment and related debris within 180 days of its abandonment.</para>
    </para>
    <para num="(m)" heading="Nonconformities.">
      <para num="(1)">Ordinary maintenance may be performed on nonconforming telecommunications facilities.  However, if a proposed alteration intensifies a nonconforming characteristic of the telecommunications facility, a variance is required.</para>
      <para num="(2)">Collocation of a base station on an existing nonconforming tower is allowed as a conditional use requiring approval by the Board of Municipal and Zoning Appeals, as long as the addition of the base station does not intensify the nonconformity.</para>
    </para>
    <para num="(n)" heading="Modifications.">
      <para num="(1)">Modifications of an existing tower or base station that does not substantially change the physical dimensions of the tower or base station are permitted if supported by an eligible facilities request.</para>
      <para num="(2)">An applicant submitting an eligible facilities request must show that the modification does not substantially change the physical dimensions of the tower or base station.</para>
      <para num="(3)">Within 60 days of filing an eligible facilities request, the request must be reviewed and approved if the modification qualifies under this subsection,</para>
      <para num="(4)">Approval of an eligible facilities request:<para num="(i)">is subject to a site plan review; and</para>
        <para num="(ii)">may be subject to conditions imposed by the Zoning Administrator, as long as those conditions do not conflict with the provisions of this section.</para>
      </para>
    </para>
    <para num="(o)" heading="Certifications.">When the installation of a telecommunications facility is completed, and every 5&lt;sup&gt;th&lt;/sup&gt; year thereafter, a professional engineer must certify that the facility meets all applicable &lt;cite data-doc="City of Balt., Md., Ord. 26-128" data-path="|building-codes|II"&gt;Building Code&lt;/cite&gt; and safety requirements.</para>
    <annotation type="History">Ord. 16-581</annotation>
    <annotation type="History">Ord. 17-015</annotation>
    <annotation type="History" />
    <annotation type="History" />
  </section>
</baltimore-city-law>
