New Cingular Wireless PCS v. Sussex County Board of Adjustment

RIDGELY, Justice:

New Cingular Wireless PCS (now known as “AT & T”) filed an application with the Sussex County Board of Adjustment (“the Board”) for a special use exception to construct a 100-foot telecommunications monopole, or “cell tower,” on a commercially zoned property located at 32919 Coastal Highway, just outside of Bethany Beach. Collocation of telecommunications equipment on existing freestanding towers, antennas, monopoles, buildings or water towers/tanks are permitted without a special use exception. A special use exception is required before a cell tower may be erected within 500…