§ 154.305 TOWER APPROVAL STANDARDS.
   In addition to the other criteria set forth in the Zoning Ordinance for the approval and issuance of Special Use Permits by the Board of Adjustment, the Board shall apply the following standards in considering the approval of a tower application.
   (A)   Any proposed tower shall provide a needed service or benefit to the residents of Beech Mountain, Avery County or Watauga County that cannot otherwise be met.
   (B)   The tower must be designed to meet the ANSI/ELA/TIA-222-E standards of minimum 100-year return wind speed and a minimum one-half inch of solid radical ice.
   (C)   Towers shall be sited on a property so that all ice-fall or other debris from a potential tower failure can be contained in the property. The minimum distance from the tower’s base to the property line, or to any public road or public utility (such as power lines or phone lines other than those solely related to the telecommunication tower itself) shall be equal to the tower’s height. Guy wires and other support devices shall be no closer than 20 feet from any lot line.
   (D)   A tower shall be set back from other on-site and off-site towers and supporting structures such that the failure or collapse of one tower will not strike another tower or its support structure.
   (E)   The tower shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:
      (1)   Use the existing site features to screen the tower from prevalent views; or
      (2)   Use existing site features as a background so that the tower blends into the background with increased site distances.
   (F)   No artificial lighting shall be permitted on towers except as required to meet the minimum standards of the Federal Aviation Administration. If lighting is required, the Zoning Administrator shall review the available lighting alternatives and approve the design that would cause the least disturbance to surrounding properties and views. Security lighting at the base of a tower may be provided if the lighting is shielded so that no light is directed toward adjacent properties or rights-of-way.
   (G)   The base of the tower shall be surrounded by a fence or wall at least eight feet in height unless the tower is constructed entirely on a building over eight feet in height.
   (H)   Only monopole towers or alternative tower structures shall be permitted. No tower or alternative tower structure located on any Major Mountain ridge shall have its highest point at an elevation greater than 30 feet higher than the vegetative canopy immediately surrounding the base of the tower. No tower at a location other than a Major Mountain Ridge shall have its highest point at an elevation greater than 100 feet from the ground.
   (I)   (1)   The proposed tower shall be engineered and constructed to accommodate one additional antenna that is at least as large as the largest proposed antenna identified in § 154.303(D)(5)(d). Tower permit approval is conditioned upon the tower owner agreeing to allow the future collocation of other antennas upon the tower structure. This provision shall not apply to monopole towers or alternative tower structures located on a major mountain ridge where the height restriction placed on the tower or alternative tower structure makes it infeasible or impractical to place more than one antenna on the tower structure.
      (2)   In the event that a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the town may require a third party technical study (at the expense of the permittee or the proposed user, or both) to determine whether the tower could accommodate the proposed use.
      (3)   Failure to comply with the co-location requirements of this division may result in the denial of a permit request or the revocation of an existing permit.
   (J)   Towers shall be light gray or other blending color as approved by the town, except when some other color may be required by applicable federal or state regulations.
   (K)   Property located within the tower's fall area shall not be subdivided so long as the tower is standing.
   (L)   Existing mature tree growth and natural land forms on the tower site shall be preserved to the maximum extent possible. The tower and support structures shall be designed and placed on the site in a manner that will take maximum advantage of existing trees and mature vegetation so that the existing features will be used to screen the tower and support structures from prevalent views.
   (M)   Where a tower is proposed adjacent to a residential area, the setback space is to be used as a buffer zone. The buffer shall consist of a semi-opaque planting/landscaping screen as described in § 154.165(A) of the Zoning Ordinance. Trees shall be at least six to seven feet tall for evergreens and six to eight feet tall with a one and one-half-inch caliper for deciduous trees at the time of planting and shall reach a height of no less than 20 feet at maturity.
   (N)   The applicant must be willing to allow the Town of Beech Mountain, the Beech Mountain Fire Department, or other public entities use of the tower under reasonable terms and conditions if a request is made for such use within 30 days of the filing of the permit application, provided that tower load and frequency compatibility issues are satisfied.
   (O)   (1)   Proposed towers shall not be permitted within residential areas as defined in § 154.302. Within the other acceptable areas, the Board of Adjustment shall give preference to proposed tower sites that are not located on a major mountain ridge.
      (2)   Alternative tower structures shall be given preference over monopole towers.
   (P)   The tower owner must provide the Zoning Administrator with proof of general liability insurance in the minimum amount of $1,000,000.
   (Q)   (1)   If the tower, or the equipment on the site, is of a type that will emit a continuous or frequent noise, the applicant must prove that sufficient action will be taken to prevent such noise from being audible to surrounding residents and businesses. Tower facilities and equipment must be operated so that noise levels are less than 45dB as measured from the property line nearest to the tower facilities.
      (2)   The applicant shall comply with federal standards for radio frequency emissions. The applicant shall ensure that the tower/antennas will not cause localized interference with the reception of area television or radio broadcasts. If, on review, the town finds that the tower’s antenna interferes with such reception, and if the interference is not corrected within 60 days, the town may revoke or modify the Special Use Permit.
   (R)   A sign identifying the owner(s) and operator(s) of the tower and an emergency telephone number shall be placed in a clearly visible location on the premises on the tower.
   (S)   The tower must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the federal government with the authority to regulate towers and antennas.
   (T)   Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of a telecommunication tower, unless repairs to the tower are being made.
(1989 Code, Title V, Ch. 51, Art. XX, § 2006) (Ord. passed 4-14-1998; Ord. 2012-04, passed 5-8-2012; Ord. 2021-03, passed 6-8-2021)