SECTION 22-29.2 - WIRELESS TELECOMMUNICATIONS FACILITIES (ADOPTED BY THE DCBC ON 6-21-99)

   (a)   Intent: The purpose of this chapter is to establish general guidelines for the siting of wireless telecommunications facilities, including telecommunications support structures and towers. The goals of this chapter are to: (i) encourage the location of telecommunication support structures in non-residential/non-historical areas and minimize the total number of telecommunication support structures throughout the community; (ii) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; (iii) strongly encourage the joint use of new and existing wireless telecommunication sites; (iv) encourage the location of telecommunications support structures, to the extent possible, in areas where the adverse impact on the community is minimal; (v) encourage the location of telecommunications support structures in configurations that minimizes the adverse visual impact of the such facilities; and (vi) whenever possible, prioritize space on telecommunications support structures for public purpose use.

   (b)   Review and approval: All new and substantial modification of a telecommunications support structure development shall be subject to the following review and approval procedures:

      1.   Board of Commissioners Approval as special uses in the applicable zoning district:

         a.   Freestanding towers up to 200 feet in maximum height in the zoning districts where permitted.

         a.   Freestanding towers over 200 feet in maximum height in the zoning districts where permitted.

      3.   Administrative Review

         a.   Stealth antennae.

         b.   Co-location providers on an existing tower where application for co-location would result in tower height of less than 200 feet of maximum height.

         c.   Addition of antenna to existing building, utility pole, water tower, WTS tower, or similar utility structure.

         d.   DAS if an addition to existing utility pole, water tower, WTS tower or similar utility structure. Any new tower associated with the DAS shall be subject to appropriate review procedures based on its height. (Adopted on 2-1-16)

   (c)   Application Procedures and Site Plan Requirements: Any request for construction of a new wireless support structure (WSS), replacement WSS or substantially modified WSS shall include the following information and materials:

      1.   The identified search ring for the proposed WSS.

      2.   Documentation that no existing WSS can reasonably be used instead of construction of a new WSS.

      3.   Documentation that residential, historic, and designated scenic areas cannot be served from outside of the search ring.

      4.   Documentation that the height of the proposed WSS is necessary to provide the applicant's service.

      5.   Documentation evaluating the reasonable feasibility of collocating new antennas and equipment on an existing WSS within the applicant's search ring. Collocation on an existing WSS is not reasonably feasible if collocation is technically or commercially impractical or the owner of the existing WSS is unwilling to enter into a contract for such use at fair market value.

      6.   A blue line survey prepared by a licensed North Carolina surveyor showing the location of all existing property lines and improvements within a 1,000 foot radius of the proposed WSS site and all proposed improvements including the WSS and all accessory structures and equipment. In addition, the survey must detail all proposed vegetation removal activities including an inventory of existing trees to be removed.

      7.   Drawings of all proposed WSS, antennae, and accessory structures and equipment indicating elevations, height, colors, and design.

      8.   Documentation provided by the applicant that the proposed WSS and all antennae and equipment comply with all applicable FCC regulations.

      9.   Documentation provided by the applicant that the proposed WSS, antennae and equipment meet FAA aviation and navigation requirements. All proposed improvements shall not restrict or interfere with air traffic or air travel from or to any existing or proposed airport. Any lighting shall not project onto any surrounding residential property. To the extent required by the FAA, strobes shall be used for night-time lighting. Whenever strobes are not required by the FAA, flashing beacons are the preferred type of lighting.

      10.   A copy of the approved National Environmental Policy Act of 1969 (NEPA) compliance report for the proposed WSS.

      11.   Documentation signed and sealed from a North Carolina licensed engineer that the proposed WSS and associated equipment meets the structural requirements of the North Carolina Building Code and the colocation requirements of this section.

      12.    Inventory of Existing Sites: Each applicant for approval of a WSS shall provide to the Planning Department an inventory of existing WSS that are within the applicant's search ring of the proposed site, including specific information about the location, height and design of each WSS and associated equipment.

      13.   Evidence that the applicant has investigated the possibilities for locating the proposed facilities on WSS, the use of stealth technology or location in another zoning district where the WSS would be permitted as an administratively approved use. Such evidence shall consist of:

         a.   Copies of letters sent to owners of all existing WSS within the applicant's search ring requesting the following information:

            (1)   WSS height.

            (2)   Existing and planned users.

            (3)   If the proposed antenna cannot be accommodated on the existing WSS, an assessment of whether the existing WSS could be structurally strengthened.

         b.   A copy of all responses within 30 days from the mailing date of the letter required by subsection 13.a.;

         c.   A summary explanation of why the applicant believes the proposed facility cannot be located on an existing WSS.

         d.   A summary explanation of why the applicant believes that the use of an alternative WSS is not possible.

         e.   A blue line survey prepared by a licensed NC surveyor showing the location of all existing property lines and improvements within a 1,000 foot radius of the proposed WSS and associated equipment. In addition, the survey must detail all proposed vegetation removal activities including an inventory of existing trees to be removed.

   (d)   Use Guidelines and Dimensional Requirements:

      1.   Principal or Accessory Use. WSS and antennas may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or WSS on such lot. WSS that are constructed, and antennas that are installed, in accordance with the provisions of this Ordinance shall not be deemed to constitute the expansion of a non-conforming use or structure.

      2.   In order to provide spatial separation and create visual block from adjacent properties and streets, a buffer shall be installed around the outside of all improvements on the site, including the WSS and guy anchors, any ground buildings or equipment, and security fencing. Ground buildings located in a residential district may be located outside the buffered area if they are constructed so the exterior appearance of the building has the appearance of a residential dwelling, including pitched roof and frame or brick veneer construction. The WSS’s guy anchors may be screened or fenced separately in order to comply with the requirements of this subsection.

      3.   The base of the WSS and each guy anchor shall be surrounded by a security fence or wall at least eight (8) feet in height unless the tower and all guy anchors are mounted entirely on a building over eight feet in height. The WSS’s guy anchors may be screened or fenced separately in order to comply with the requirements of this subsection.

      4.   No unenclosed outside storage shall be allowed on any telecommunication facility site.

      5.   Accessory buildings shall not be used as an employment center for any workers. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.

      6.   The proposed WSS, antenna, or accessory structure and equipment shall be placed in a location and in a manner that will minimize the visual impact on the surrounding area.

      7.   No commercial advertising, company logo, or signage shall be allowed on the WSS or its related facilities. However, signs shall be posted that list a telephone number for the owner of the proposed tower and “No Trespassing” information. This sign shall be located on the accessory building or fencing and shall not exceed 4 square feet in area.

      8.   The proposed tower shall be setback from all publicly owned roads or rights-of-way a distance equal to the tower height. If visible from any public road or right-of-way, a landscape plan shall be submitted indicating how the applicant proposes to screen any accessory structure or equipment from view.

      9.   Setbacks of the base of the tower from all adjacent property lines shall be one foot for each foot of tower height. To encourage shared use of towers, applications for towers which will operate with more than one user immediately upon completion may have a 10% reduction in the required setbacks, but in no case shall the setback be less than those required for the underlying zoning district. To encourage the construction of monopole structures, monopole towers may have a 20% reduction in the required setbacks. To encourage location of WSS in forested areas with a minimum depth of sixty-five (65) feet, the WSS may have a 20% reduction in the required setbacks. In no case shall the setback be less than those required for the underlying zoning district. Said setback reductions shall only be allowed upon a professional engineering certification which states that the structure's construction will cause the WSS to crumble inward so that in the event of collapse no damage to structures on adjacent lots will result.

      10.   The proposed WSS shall be set back from all property lines a distance equal to the proposed WSS’s fall zone as certified by a registered NC engineer, plus 20 feet.

      11.   The proposed WSS shall be setback a distance equal to the WSS’s height plus 50 feet from any residential structure.

      12.   Notice shall be provided to the Planning Department when the WSS is placed out of service. Any WSS, antennae, accessory structure or equipment that is not used for communication purposes for more than 120 days shall be considered to be abandoned, and the owner shall remove the abandoned equipment upon notice by the Planning Department. A time limit for the removal of the abandoned WSS and equipment shall be established by the Planning Department in the notice. To assure removal of any abandoned WSS, antennae, accessory structure or equipment, a performance bond in the amount of the anticipated removal costs shall be established by the owner with such costs determined by a North Carolina registered engineer.

      13.   No WSS shall be located in the public trust waters of Dare County.

   (e)   Pre-existing WSS: Any WSS in existence on June 21, 2021 may continue to operate. Nothing in this section shall require application and approval for routine maintenance or limit the performance of routine maintenance on telecommunications wireless support structures and facilities, including in-kind replacement of wireless facilities as defined in this section. Routine maintenance includes activities associated with regular and general upkeep of transmission equipment, including the replacement of existing wireless facilities with facilities of the same size. Substantial modifications of pre-existing WSS shall be subject to the review and approval procedures of subsection (a) of this section.

      1.   A site plan shall be submitted for any relocation or reconstruction of a nonconforming WSS.

      2.   Reconstruction or replacement of pre-existing WSS on the same site shall be subject to administrative approval if the height of the tower does not exceed 15% of the height of WSS as it existed in 1999. The reconstructed WSS shall comply with the setback requirements of this section if physically possible or to the maximum extent possible. If compliance is not possible, then the reconstructed WSS shall not increase the amount by which the setbacks are non-conforming, other than increases necessitated solely by changes in the size of the base supporting the reconstructed tower. Increases in height in excess of 15% shall be subject to the review and approval procedures of subsection (a) of this section based on the overall height of the proposed WSS to be reconstructed. The reconstructed WSS shall comply with the setback requirements of this section if physically possible or to the maximum extent possible. If compliance is not possible, then the reconstructed WSS shall not increase the amount by which the setbacks are non-conforming, other than increases necessitated solely by changes in the size of the base supporting the reconstructed tower.

      3.   If a pre-existing WSS is damaged beyond 50% of its replacement value, a replacement WSS may be constructed on the same site but may not exceed the height of the previous WSS and must be located on the site in compliance with the setbacks requirements of this section to the maximum extent possible. Replacement activities shall be subject to administrative review and approval by the Planning Director.

WSS Format Preference: The following order of preference shall be used during the review and approval of WSS development:

   1.   Stealth antenna.

   2.   Antenna located on existing WSS facilities, utility poles, water towers, or similar utility structure.

   3.   Antenna attached to or mounted on an existing building or structure. (single or co-location provider)

   4.   Free-standing WSS development designed and constructed with co-location capability.

   5.   Free-standing WSS development designed and constructed for single-provider use.

WSS development types permitted by zoning district***

Zoning	Stealth Antenn a	Antenna located on an existing WSS, utility pole, water tower, or similar utility structure	Antenna attached to an existing principal building or structure	Free-standing tower with antenna capable of co-location	Free-standin g tower with antenna designed for single District provider
NH	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
RS-1	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
RS-6	P	P	P	Not Allowed	Not Allowed
RS-8	P	P	P	Not Allowed	Not Allowed
RS-10	P	P	P	Not Allowed	Not Allowed
R-1	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
R-2	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
R-2A	P	P	P	Not Allowed	Not Allowed
R-2B	P	P	P	Not Allowed	Not Allowed
R-2H	P	P	P	Not Allowed	Not Allowed
R2-AH	P	P	P	Not Allowed	Not Allowed
SP-2	P	P	P	Not Allowed	Not Allowed
R-3	P	P	P	Not Allowed	Not Allowed
R-4	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
C-1	P	P	P	P	P
C-2	P	P	P	P	P
C-3	P	P	P	P	P
CS	P	P	P	P	P
SP-C	P	P	P	P	P
VC	P	P	P	P	P
VC-2	P	P	P	P	P
I-1	P	P	Not Allowed	P	P
SED-1	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
S-1	P	P	P	P	P
MP-1	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
C-PR	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
BNH	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
ELNH	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
MH-A	P	See Section 22-23.2 MH-A
MH-B	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
ELR	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
ELVC	P	P	P	P	P
SNC	P	P	Not Allowed	Not Allowed	Not Allowed
VR	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
WR-1	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
BT	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
RB	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
NC	P	See Section 22-27.11 NC
HML	P	See Section 22-27.12 HML
WVC	P	See Section 22-27.13 WVC
MC-2	P	Not Allowed	Not Allowed	Not Allowed	Not Allowed
MC-1	P	See Section 22-27.15 MC-1
HWY34 5	P	P	P	P	P
WSIP	P	See Section 22-27.17
***See Section 22-29.2 (b) for review and approval procedures

 

(Amended 2-1-16)

(Am. Ord. passed 6-21-2021)