§ 14-338. Telecommunications facilities.
(a) Definitions.
(1) In general.
In this section, the following terms have the meanings indicated.
(2) Base station.
(i) 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.
(ii) Exclusions.
"Base station" does not include a satellite dish antenna, as defined in § 1-313(d) {"Satellite dish antenna"} of this Code.
(3) 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.
(4) 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.
(5) Eligible facilities request.
"Eligible facilities request" means any request for modification of an existing tower or base station that:
(i) involves:
(A) the collocation of new transmission equipment;
(B) the removal of transmission equipment; or
(C) the replacement of transmission equipment; and
(ii) does not:
(A) substantially change physical dimensions; or
(B) include the replacement of a tower.
(6) Node.
"Node" means a component of a DAS or small cell installation that:
(i) includes one or more radio frequency transmitters or antennae; and
(ii) is connected by a high capacity transport medium (such as a fiber optic cable) to a common source with other nodes.
(7) Small cell installation.
"Small cell installation" means a wireless communication technology installation similar to a DAS, but normally including a single node.
(8) Substantially change ... physical dimensions.
"Substantially change ... physical dimensions", when used with reference to a tower or base station, means:
(i) for a tower:
(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
(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;
(ii) for a base station:
(A) an increase in the base station's height by more than 10% or 10 feet, whichever is greater; or
(B) the creation of an appurtenance that protrudes from the edge of the base station by more than 6 feet;
(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;
(iv) a modification that entails an excavation or deployment outside the current site of the tower or base station;
(v) a modification that would defeat the existing concealment elements of the tower or base station; and
(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.
(9) Telecommunications facility.
"Telecommunications facility" means any structure that falls within the definition of "base station" or "tower".
(10) Tower.
(i) In general.
"Tower" means any structure built for the sole or primary purpose of supporting a base station.
(ii) Exclusions.
"Tower" does not include a satellite dish antenna, as defined in § 1-313(d) {"Satellite dish antenna"} of this Code.
(11) Transmission equipment.
(i) In general.
"Transmission equipment" means any equipment that facilitates transmission for a wireless communication service.
(ii) 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.
(iii) Exclusions.
"Transmission equipment" does not include a satellite dish antenna, as defined in § 1-313(d) {"Satellite dish antenna"} of this Code.
(12) Wireless communications service.
(i) 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.
(ii) Illustrations.
The most common use of this spectrum is mobile voice and data services, including cell phone, text messaging, and Internet.
(b) Exclusions from section.
This section does not apply to towers or base stations located in a public right-of-way.
(c) Purpose of standards.
The following standards for telecommunications facilities are intended to:
(1) ensure public health, safety, and welfare;
(2) ensure access to reliable wireless communications services throughout the City;
(3) encourage the location of antennas and towers on City-owned property;
(4) encourage the use of existing telecommunications facilities for wireless communications services; and
(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.
(d) Approval and application requirements.
(1) 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.
(2) 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:
(i) a site plan showing:
(A) the location, size, screening, and design of all structures, including fences;
(B) the location and size of all outdoor equipment;
(C) elevations showing antenna height;
(D) a landscape plan; and
(E) if the site plan is for a new tower, indication of the fall zone (shaded circle);
(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;
(iii) a description of what is proposed, demonstrating the need for the telecommunications facility to be located where proposed;
(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;
(v) the service area of the proposed telecommunications facility;
(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;
(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
(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.
(e) Setbacks.
(1) Telecommunications facilities must be set back from all lot lines in accordance with the minimum setback requirements applicable to the district in question.
(2) DAS and small cell installation sites are not subject to setback requirements.
(f) 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.
(g) 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.
(h) Landscaping.
Telecommunications facilities must comply with the landscaping regulations of the Baltimore City Landscape Manual.
(i) Additional standards for facilities.
(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.
(2) The facility may not be staffed.
(3) Signs are strictly prohibited unless required by FCC or other governmental regulation.
(j) Additional standards for towers.
(1) A tower may be freestanding or supported and may be of either lattice or monopole construction.
(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.
(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.
(k) Stealth design.
(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.
(2) An application for site plan review must include all information required by this section.
(3) To qualify as a permitted stealth design:
(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;
(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;
(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
(iv) the base station may not increase the overall height of the structure on which it is mounted.
(4) Base stations that collocate on existing towers are considered stealth design.
(l) Abandonment.
(1) Any telecommunications facility that is not operated for 180 consecutive days is considered abandoned.
(2) The owner must remove the telecommunications facility and all aboveground equipment and related debris within 180 days of its abandonment.
(m) Nonconformities.
(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.
(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.
(n) Modifications.
(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.
(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.
(3) Within 60 days of filing an eligible facilities request, the request must be reviewed and approved if the modification qualifies under this subsection,
(4) Approval of an eligible facilities request:
(i) is subject to a site plan review; and
(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.
(o) Certifications.
When the installation of a telecommunications facility is completed, and every 5th year thereafter, a professional engineer must certify that the facility meets all applicable Building Code and safety requirements.