The purpose of this article is to establish general guidelines related to amateur radio antennas consistent with 47 CFR 97.15 and Code of Virginia, § 15.2-2293.1 to reasonably accommodate amateur radio antennas and to impose the minimum regulation necessary to accomplish the purpose of protecting the health, safety and welfare of the citizens of King and Queen County.

(Ord. of 9-11-2006(2))

This article shall govern the placement, screening and/or height of amateur radio antennas as well as any other impacts associated with the installation and use of amateur radio antennas.

(Ord. of 9-11-2006(2))

1.

Amateur radio antenna. Any antenna utilized for the transmission of radio waves for noncommercial purposes that requires a supporting structure or tower.

2.

Height. The distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna or lighting rod.

3.

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers.

(Ord. of 9-11-2006(2))

All new towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into immediate compliance with such revised standards as required. Failure to bring towers and antennas into immediate compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(Ord. of 9-11-2006(2))

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state, and local building codes and regulations.

(Ord. of 9-11-2006(2))

The governing authority shall consider the following factors in determining whether to issue a conditional use permit for any antenna higher or taller than the primary structure, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if the governing authority concludes that the goals of this article are better served thereby:

1.

Height of the proposed antenna and/or tower;

2.

Proposed placement of the antenna and/or tower on the property;

3.

Proximity of the antenna and/or tower to residential structures and residential district boundaries;

4.

Nature of the uses on adjacent and nearby properties;

5.

Surrounding topography;

6.

Whether the antenna and/or tower is to be designed to collapse within the lot lines in case of structural failure;

7.

Surrounding tree coverage and foliage; and

8.

Design of the antenna and/or tower with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness and whether the design of the structures will use materials, colors, textures, screening, and landscaping that will blend the amateur radio antenna to the natural setting and surrounding structures.

(Ord. of 9-11-2006(2); Amend. of 4-8-2013(6))

Any antenna or tower that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such antenna or tower shall remove it within 90 days of receipt of notice from the governing authority notifying the owner of such removal requirement. Removal includes the removal of the tower, any and all footers, and support buildings. If the tower is not removed per this section, the county may require the landowner to have it removed.

(Ord. of 9-11-2006(2))