Information about the owner and applicant;

Statement of the permission requested;

Information about the property for which the permission is being requested;

Identification of the provisions of this chapter, with which the application must comply, and statements as to how the application complies with those provisions;

Plans or drawings that support or clarify the proposed use; and

Other information requested by the Board of Adjustment, including, but not limited to, survey information.

No application is complete until all required items are received.

Incomplete applications may be rejected.

Newspaper notice. The Town shall advertise the public hearing in a newspaper of general circulation. The notice shall appear at least 15 calendar days prior to the public hearing date and shall contain the following information:

Notice to owner/applicant. The Town shall notify by mail the owner and/or applicant of the time and place of the hearing.

Mailed notice. The Town shall send a copy of the legal notice to the last known address on file in the Town tax records of all property owners within a two-hundred-foot radius of the property measured at each property line no fewer than 15 calendar days prior to the public hearing.

Property posted notice. The Town shall erect a public hearing posted notice sign on all subject properties at least 10 days in advance of a public hearing.

Town Hall posting. Notice shall be posted at Town Hall and shall contain the same information as required for the newspaper advertisement.

The hearing on the special exception shall take place no fewer than 15 days following publication of the legal notice.

The Board of Adjustment's hearing shall be conducted, and applications shall be acted on as specified § 140-18 of this chapter.

The Board of Adjustment may attach conditions to approvals of applications.

The establishment shall not be within 500 feet of the property line of any other similar business, church, school, hospital or similar institution; and

The applicant shall demonstrate compliance with applicable state laws and regulations governing alcoholic beverages.

Purpose: regulate the use and location of ham radio and citizens band radio operations.

Intent.

The antenna and its support structure shall not be attached or mounted on any such building appurtenance, such as a chimney.

The placement of an amateur radio tower shall remain 65 feet from any neighboring house; guide wires shall not be closer than five feet to the property line on any side. The antenna shall be installed to withstand wind force of more than 80 miles per hour without the support of guide wire.

All amateur radio towers shall be fitted with anticlimbing devices.

Any antenna structure, antenna support, and accessory structures not properly maintained as required under the standards of this chapter shall be required to be removed at the expense of the persons having control or receiving benefits within 60 days after receiving notice of nonmaintenance from the Town.

One copy of the typical specifications for proposed structures and antennas, including description of design characteristics and material.

A site plan to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, fences, landscape plan, and existing land uses on adjacent property. (A site plan is not required if the antenna is to be mounted on an approved existing structure.)

Elevations drawn to scale and dimensioned so as to fully describe the proposed structure.

Documentation that the antenna is designed to withstand winds in accordance with all the applicable national building standards for such facilities and structures.

Evidence that a valid federal amateur radio license for the proposed activity has been issued; unless exempt from federal license requirement, this license must remain current during the duration of the antenna or the applicant will be subject to removal of the antenna and any supporting structures at his or her expense within 30 days after the license has expired.

A copy of the applicant's homeowner or rental insurance policy to ensure the applicant has proof of insurance for liability purposes. Proof of insurance must be submitted to the Town annually, no later than the last business day in January of each year.

Any additional information required by the Town for determination that all applicable zoning regulations are met.

Amateur radio antennas, antenna structures, and masts in existence as of the effective date of this chapter may continue to be used without complying with the provisions of this chapter except as herein provided and shall be considered a legal nonconforming use. Amateur radio antennas, antenna structures, and masts that are a legal nonconforming use shall comply with the provisions regarding height restrictions to the extent that they are capable of doing so without modification. Amateur radio antennas, antenna structures, and masts may be enlarged, expanded or relocated only if brought into compliance with the provisions of this section. An amateur radio antenna special exception shall be obtained before any expansion, enlargement or relocation.

An existing antenna support structure utilized by a federally licensed amateur radio operator that had been constructed and that was in place prior to the date of the passage of this chapter must comply with all the safety and construction requirements of this section.

The principal structure for commercial use shall occupy the area of the lot nearest the roadway as determined by the Planning and Zoning Commission review.

Apartment or condominium units shall be located above commercial uses.

The types of housing shall be determined at the time of application.

The use at the proposed location will not create a traffic hazard or traffic nuisance because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads and intersections, or its location in relation to other buildings or proposed buildings on or near the site and the traffic patterns from such buildings or cause frequent turning movements across sidewalks and pedestrian ways, thereby disrupting pedestrian circulation within a concentration of retail activity.

Applications for such uses that take access from Town rights-of-way shall require a traffic operational analysis or a traffic impact study report prepared by a Delaware registered engineer with experience and qualifications in the preparation of operational analysis and traffic impact studies. The administrative official shall determine what level of analysis is required and shall set the scoping limits for the analysis. Applications for such uses that take access from State of Delaware rights-of-way shall provide whatever analysis is required by the State for the review and consideration of the Town, or shall provide documentary evidence from the State stating that no analysis is required.

When such uses abut a lot in a residential district, any lot upon which there is a dwelling as a permitted use under this chapter, or a right-of-way that serves a residential district, the use shall be screened, along the entire length of the property boundary abutting the residential district, dwelling, or right-of-way by a solid wall or a substantial, sightly, solid fence, not less than eight feet in height, together with a 20 feet wide planting strip on the outside of such wall or fence, which shall be maintained in good condition. Screening requirements within this planting strip shall be as provided for in other sections of these regulations. For such uses proposed within existing developments that do not provide the width required above, alternate screening requirements may be approved by the Board of Adjustment, provided that planting strip meets the minimum screening requirements of the Code.

Hours of operation for such uses shall be limited to 5:00 a.m. to 11:00 p.m.

Such uses shall not share dumpsters within developments with multiple uses. Separate dumpsters shall be provided for such uses. Screening for these facilities shall be as provided for in other sections of these regulations.

Outdoor aboveground grease traps are prohibited.

Any revisions, modifications, changes, or additions to an approved application shall be approved by the Board of Adjustment and shall be subject to all applicable sections of this Land Use and Development code.

The use at the proposed location will not create a traffic hazard or traffic nuisance because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads and intersections, or its location in relation to other buildings or proposed buildings on or near the site and the traffic patterns from such buildings or cause frequent turning movements across sidewalks and pedestrian ways, thereby disrupting pedestrian circulation within a concentration of retail activity.

Applications for such uses shall provide whatever traffic analysis is required by DelDOT for the review and consideration of the Town, or shall provide documentary evidence from delDOT stating that no analysis is required.

Such uses shall be located on an arterial or collector street, as depicted on the deldot Functional Classification Map. Such uses shall only take access from an arterial or collector street, as depicted on the DelDOT Functional Classification Map.

When such uses abut a lot in a residential district, any lot upon which there is a dwelling as a permitted use under this chapter, or a right-of-way that serves a residential district, the use shall be screened, along the entire length of the property boundary abutting the residential district, dwelling, or right-of-way by a solid wall or a substantial, sightly, solid fence, not less than eight feet in height, together with a 20 feet wide planting strip on the outside of such wall or fence, which shall be maintained in good condition. Screening requirements within this planting strip shall be as provided for in other sections of these regulations.

When a drive-through facility is placed adjacent to the public right-of-way or other public access thoroughfare, the drive-through cartway shall be screened from view with a combination of structures and landscaping as determined by the Board of Adjustment.

Such uses shall be limited to one drive-through pre-order board, one order board and one associated stacking lane.

Stacking lanes for such uses shall be at least 180 feet in length measured from the point of ordering and shall not block any parking spaces or drive aisles.

There shall be a bypass lane of at least 10 feet in width along the entire length of the drive-through lane.

Drive-through lanes shall be separated from other aisles by a mountable curbed island.

The allowable dimensions of the order board and any associated canopy shall be as provided for in other sections of these regulations.

Such uses may install an overhead clearance bar to warn of over height vehicles. The bar shall only include the words "maximum height" or "clearance" and the height measurement. No logos or advertisement are allowed. The bar must be placed within the developable area of the site outside of any required buffering, within the drive through lane, and be attached to the Pre-Order Board if one is to be installed. The bar shall be a single arm pivoting or break away type and may have no hanging appurtenances and may not be illuminated.

Hours of operation for such uses shall be limited to 5:00 a.m. to 11:00 p.m. for the indoor portion of the restaurant and 5:00 a.m. to 9:00 p.m. for the drive-through.

Such uses shall not share dumpsters within developments with multiple uses. Separate dumpsters shall be provided for such uses. Screening for these facilities shall be as provided for in other sections of these regulations.

Outdoor aboveground grease traps are prohibited.

Any revisions, modifications, changes, or additions to an approved application shall be approved by the Board of Adjustment and shall be subject to all applicable sections of this Land Use and Development code.

The use at the proposed location will not create a traffic hazard or traffic nuisance because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads and intersections, or its location in relation to other buildings or proposed buildings on or near the site and the traffic patterns from such buildings or cause frequent turning movements across sidewalks and pedestrian ways, thereby disrupting pedestrian circulation within a concentration of retail activity.

Applications for such uses shall provide whatever traffic analysis is required by DelDOT for the review and consideration of the Town, or shall provide documentary evidence from DelDOT stating that no analysis is required.

Such uses shall be located on an arterial or collector street, as depicted on the DelDOT Functional Classification Map. Such uses shall only take access from an arterial or collector street, as depicted on the DelDOT Functional Classification Map.

When such uses abut a lot in a residential district, any lot upon which there is a dwelling as a permitted use under this chapter, or a right-of-way that serves a residential district, the use shall be screened, along the entire length of the property boundary abutting the residential district, dwelling, or right-of-way by a solid wall or a substantial, sightly, solid fence, not less than eight feet in height, together with a 20 feet wide planting strip on the outside of such wall or fence, which shall be maintained in good condition. Screening requirements within this planting strip shall be as provided for in other sections of these regulations.

Such uses shall be limited to three dedicated drive-in spaces. Each drive-in space may have an individual order board. The drive-in spaces shall not count toward the required number of parking spaces.

Such uses may install a roof structure above the dedicated drive in spaces. The structure shall be no larger than reasonably necessary to cover the dedicated spaces. The structure shall comply with the applicable setback and height requirements of the zoning. The structure may be labeled with the words "maximum height" or "clearance" and the height measurement only. No logos or advertisement are allowed.

The allowable dimensions of the order boards shall be as provided for in other sections of these regulations.

Such uses proposing drive-through facilities in conjunction with a proposed drive-in shall meet the requirements for fast-food restaurants with drive-through in addition to these requirements.

Hours of operation for such uses shall be limited to 5:00 a.m. to 11:00 p.m. for the indoor portion of the restaurant and 5:00 a.m. to 9:00 p.m. for the drive-in.

Such uses shall not share dumpsters within developments with multiple uses. Separate dumpsters shall be provided for such uses. Screening for these facilities shall be as provided for in other sections of these regulations.

Outdoor aboveground grease traps are prohibited.

Any revisions, modifications, changes, or additions to an approved application shall be approved by the Board of Adjustment and shall be subject to all applicable sections of this Land Use and Development code.

No open pens, runs, kennels, or cages shall be located outside the building.

Accommodate the need for wireless communications facilities while regulating their location and number in the Town and to ensure compliance with all Town, state and federal applicable governmental regulations.

Minimize any adverse and visual effects of wireless communications facilities antenna(s) and antenna support structures through proper design, siting and screening.

Ensure the structural integrity of the antenna support structure through compliance with applicable industry standards and regulations.

Encourage the joint use of any new antenna support structures to reduce the number of such structures needed in the future.

To promote the health, safety and welfare of the residents of the Town.

On any site owned by or in the possession and control of the Town.

On any state, county, or municipal site for its own internal communication needs.

On any private property.

Copy of the typical specifications for proposed structures and antenna, including description of design characteristics and material.

For new facilities, a site plan to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent properties.

A current map, or updated map for an existing map on file, showing locations of applicant's antennas, facilities, existing towers, and proposed towers, which are reflected in public records, serving any property within the Town.

A report from a structural engineer showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with all the applicable national building standards for such facilities and structures.

Identification of the owners of all antennas and equipment to be located on the site.

Written authorization from the site owner for the application.

Evidence that a valid FCC license for the proposed activity has been issued.

A line-of-sight analysis showing the potential visual and aesthetic impacts as well as any attract/detract lighting impacts of the adjacent residential districts.

A written agreement to remove the tower and/or antenna within 180 days after cessation of use.

Proof of liability insurance procured for the Town to respond to claims up to $1,000,000 in the aggregate which may arise from operation of the facility during its life, at no cost to the Town of Ocean View, in a form approved by the Town Solicitor.

Evidence that the standards as set forth in this section have been met.

Any additional information required by the Town for determination that all applicable zoning regulations are met.

Location.

Height.

Setbacks.

Fencing. A security fence shall be required around the antenna support structure and other equipment, unless the antenna(s) is mounted on an existing structure. The security fence shall be a minimum of six feet in height, maximum of 12 feet, as determined by the Board of Adjustment, and maintained in proper condition. Barbed wire or razor fencing may be permitted as determined by the Board of Adjustment.

Fully automated/required parking. The wireless communications facility shall be fully automated and not require any maintenance workers to be present on a full-time basis. Adequate parking shall be required for all maintenance workers, with a minimum of two spaces provided. All parking spaces shall be constructed to conform to applicable stormwater management regulations.

Signs. No signs or other structures shall be mounted on the wireless communications facility, except as may be required by the FCC, FAA or other governmental agencies.

Lighting. Antenna support structures shall meet all Federal Aviation Administration (FAA) regulations. No antenna support structure may be artificially lighted except when required by the FAA or other governmental authority. When lighting is required by the FAA or other governmental authority, it shall be oriented inward so as not to project onto surrounding properties. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities.

Visual appearance. Antenna support structures shall be painted silver or have a galvanized finish or may be painted green up to the height of nearby trees to disguise their appearance. All wireless communications and other accessory facilities shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of like facades to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

Landscaping. The following landscaping shall be required to screen as much of a newly constructed antenna support structure, the fence surrounding the newly constructed antenna support structure, and any other newly constructed ground-level features (such as a building) as possible and, in general, soften the appearance of the wireless communications facility. Listed below are the landscaping requirements:

Designed for collocation; notice to other users. In order to reduce the number of antenna support structures needed in the Town in the future, the proposed antenna support structure shall also be required to accommodate collocation, where possible, for other users, including other wireless communication, cellular communication and personal communication service provider companies, and local police, fire, and ambulance companies. Applicants shall provide documentary evidence that all other authorized users have been contacted by the applicant with an offer of collocation on the applicant's proposed antenna support structure.

Review of site alternatives for new structures. If the applicant proposes to build an antenna support structure (as opposed to mounting the antenna on an existing structure), the applicant shall demonstrate with documentary evidence that it has contacted the owners of structures of suitable location and height (such as smokestacks, water towers and buildings housing existing antenna support structures) within a one-mile radius of the site proposed, requested permission to install the antenna(s) on those structures, and has been denied. An application to construct a new antenna support structure should be denied if the applicant has not made a good faith effort to mount the antenna(s) on an existing structure as set forth in this subsection.

Abandoned or unused portions of towers. Upon application for a tower or tower facility, the owner or agent of the tower must supply the Town of Ocean View with a letter stating that if the tower is vacated for any reason, the owner or agent will remove the tower, all apparatus associated with it, the top three feet of the footing and restore the site to its original condition within 60 days of vacation of the tower.

Safety and maintenance. The applicant shall demonstrate that the proposed antenna and antenna structure and entire wireless communications facility are safe and are in accordance with the applicable regulations, and the surrounding properties will not be negatively affected by the antenna support structure failure, falling ice or debris.

Compatibility of the proposed structure with the height and mass of the existing buildings in the area.

The location of the antenna in relation to existing vegetation, topography, and buildings to obtain the best visual screening.

Visual and economic impact upon adjacent properties.

Compliance with Federal Communications Commission (FCC) emission standards.

Whether placement of the structure in the proposed location will result in a significant impact to other uses or the reception or transmission of existing facilities.

Each tower location shall evaluate whether the collocation on other existing structures in the same vicinity, such as other towers, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., is possible without significantly impacting antenna transmissions or reception. However, for location on such existing structures and poles, telecommunications facilities must meet the following additional requirements:

Within 30 days of the receipt of an application for wireless communications facilities review, the Director shall either inform the applicant in writing the specific reasons why the application is incomplete and does not meet the submittal requirements or deem the application complete. If the Director informs the applicant of an incomplete application within 30 days, the overall time frame for review is suspended until such time that the applicant provides the requested information.

An applicant that receives notice of an incomplete application may submit additional documentation to complete the application. An applicant's unreasonable failure to complete the application within 60 days after receipt of written notice shall constitute a withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new application fee.

The Board of Adjustment, or the Director if the applicant has requested administrative review, must issue a written or oral decision granting or denying the application within 90 days of the submission of the initial application unless:

Failure to issue a written decision within 90 days shall constitute an approval of the application.

Should the Board of Adjustment deny the application, the Board or the Director shall provide written justification for the denial. The denial must be based on substantial evidence of inconsistencies between the application and this § 140-131.

An applicant may appeal any decision of the Board of Adjustment approving, approving with conditions, or denying an application as provided by law. Denial of an administrative review application may be appealed to the Board of Adjustment.