(A) Institutions.
(1) Religious or civic institutions. Religious or civic institutions shall:
(a) Be located on a parcel or site that fronts an arterial or collector street; and
(b) Comply with the standards in § 164.03-03(A), Day Care, if such accessory uses are included.
The Zoning Administrator shall have the authority to grant modifications to any of the standards listed in this section in order to eliminate a substantial burden on religious exercise as guaranteed by the federal Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. § 2000), as amended. In granting such a
modification, the Zoning Administrator may require conditions consistent with the federal act that will secure substantially the objectives of the modified standard and that will substantially mitigate any potential adverse impact on the environment or on adjacent properties.
(2) Medical treatment facility. A medical treatment facility or outpatient facility in the DC or IC zoning districts shall:
(a) Not exceed 2,500 square feet of floor area; and
(b) Be configured to minimize the impact of visitor and patient activities on surrounding uses.
(B) Marine-related.
(1) Docks and piers. Docks and piers shall comply with all applicable federal and state regulations.
(2) Marinas. Marinas shall comply with the following standards:
(a) Each lot containing a marina shall have a minimum lot frontage of 100 linear feet;
(b) Exterior lighting shall comply with the standards in § 166.10, Exterior Lighting, and shall be directed and shielded so as to avoid glare on adjacent residential uses;
(c) Storage buildings and other accessory structures associated with a marina located on a lot within the RSF or RTF Districts shall be of a residential character; and
(d) All applicable federal and state laws.
(C) Utilities.
(1) Telecommunications facility, collocation.
(a) On existing towers. Telecommunications facilities may be collocated on existing towers, buildings, or similar structures if they comply with the following standards:
1. It is demonstrated the tower or structure can accept the additional loading created by the collocation.
2. A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless a monopole is determined more appropriate at the specific location.
3. All ground-based equipment complies with the landscaping and security fencing requirements for wireless communications towers in § 164.03-02(C)(2), Telecommunications Facility, Freestanding.
(b) On existing buildings. Telecommunications facilities can be collocated on existing buildings, provided:
1. The antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or compatible with, the color of the structure on which it is located to make the antenna and related equipment as visually unobtrusive as possible.
2. The antenna is not extended more than 30 feet above the highest point of the building or structure.
3. No antenna is within ten feet of a lot line abutting a street, or within five feet of another lot line.
4. No dish antenna with a total surface area of ten square feet or greater is located on the roof of a structure located in the RSF or RTF Districts.
5. Ground-based equipment complies with the landscaping and security fencing requirements in § 164.03-02(C)(2), Telecommunications Facility, Freestanding.
(2) Telecommunications facility, freestanding. All freestanding telecommunications facilities shall comply with the following requirements:
(a) Removal of abandoned facilities. A tower that has not been operated for a continuous period for 120 days shall be considered abandoned. The city may require an abandoned tower to be removed. The owner of such tower shall remove the tower within 30 days of receipt of written notice from the city. If the tower is not removed within 30 days, the city may remove it at the owner's expense and any special exception approval of the tower shall be deemed to have expired.
(b) Exemptions. The following shall be exempt from the standards of this section (but shall be required to comply with other relevant standards in this ZDO, such as accessory use or design standards):
1. Receive-only television or radio antennas for non-commercial use.
2. Antennas legally operated by FCC-licensed amateur radio operators.
(c) Color.
1. Freestanding telecommunications facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color (i.e., light grey) to reduce visual obtrusiveness.
2. At a freestanding telecommunications facilities site, the design of buildings and related structures shall, to the maximum extent practicable, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(d) Setbacks.
1. Freestanding towers, guy anchors, and equipment buildings shall meet the minimum setback requirements for the zoning district where located (See Chapter 165: Dimensional Standards).
2. A freestanding tower shall be setback a minimum distance equal to one-half the height of the tower from any single- or two-family dwelling. For guyed towers, the setback shall be measured from a line connecting the outermost anchor points for guy wires.
(e) Height. The height of a freestanding tower shall not exceed 200 feet.
(f) Lighting. Night-time strobe lighting shall not be incorporated unless required by the Federal Communications Commission, Federal Aviation Administration or other regulatory agencies.
(g) Signage. The freestanding tower or antenna shall not include signage.
(h) Landscaping. Freestanding telecommunications facilities shall comply with the following landscape standards:
1. Freestanding telecommunications facilities (including equipment structures and cabinets) shall be landscaped with a buffer of plant materials that effectively screens the view of the ground-based portion of the tower facility from existing residential development.
2. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
(i) Separation. If an applicant proposes a new freestanding telecommunications facility within 1,200 feet of an existing freestanding telecommunications facility, the applicant shall submit a statement indicating the reasons why the existing tower(s) was inadequate or unavailable for collocation. The Zoning Administrator shall allow the owner of such existing tower an opportunity to comment prior to making a decision.
(j) Collocation. New freestanding towers shall be designed to accommodate the present and future needs of the owner and at least one comparable user. Unused space on an existing tower shall be made available to other users at a fair market value.
(k) Single lot. Towers, guy anchors, equipment buildings, and any other appurtenances related to a freestanding telecommunications facility shall be located on a single parcel or tract of land.
(l) Safety.
1. Freestanding towers shall be designed to meet the wind loading requirements specified in the American National Standards Institute TIA-222-F Report (as amended).
2. The owner/applicant shall provide assurance the structural integrity of towers and antenna will continue to comply with state and federal standards, the city's Building Code, and the applicable standards for towers published by the American National Standards Institute, as amended. (If, upon inspection, it is
determined a tower fails to comply with such standards and constitutes a danger to persons or property, the owner shall be notified that the owner has 30 days to bring the tower into compliance. Failure to bring the tower into compliance within 30 days shall constitute grounds for the removal of the tower at the owner's expense).
(m) Security fencing. Towers, guy anchor supports, and ground-based equipment buildings shall be enclosed by security fencing not less than six feet in height and equipped with an appropriate anti-climbing device.
(n) Radiation reporting. It shall be demonstrated the proposed tower, antenna, and supporting equipment complies with FCC non-ionizing radiation requirements for individual and combined facilities.
(o) Interference. No freestanding telecommunications facility, antenna, or supporting equipment shall interfere with equipment operated by the Charleston International Airport or radio equipment operated at a fixed site by the city.
(p) Compliance with state or federal laws and regulations. Towers and antennas shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government that regulates towers and antennas. If such standards and regulations change, owners shall be responsible for bringing the towers and antennas into compliance with the changed standards and regulations within six months of their effective date, unless a different compliance schedule is mandated by the controlling regulations. (Failure to maintain freestanding telecommunications facilities in compliance shall constitute grounds for removal of the tower or antenna, at the owner's expense.)
(q) Franchises and licenses. It shall be demonstrated all franchises and licenses required by law for the construction or operation of a tower or antenna have been obtained.
(r) Availability of other suitable locations. New freestanding towers shall not be permitted unless the applicant demonstrates that no existing freestanding communication tower or other structure can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's needs shall be signed by a registered engineer and shall demonstrate at least one of the following:
1. No existing communication towers or structures at a suitable height are located within the geographic area required to meet the applicant's engineering requirements;
2. Existing freestanding towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;
3. The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing towers or structures, or the antennas on the existing towers or structures would cause interference with the applicant's proposed antenna; or
4. The applicant demonstrates that there are other limiting factors that render existing towers and structures unusable.
(3) Utility, major. An electrical power facility, substation, or transmission station shall comply with the following standards:
(a) Be within reasonable proximity of the area to be served by the facility;
(b) Be set back a minimum of 100 feet from property lines to ensure it does not have an adverse impact on surrounding uses.
(4) Utility, minor. A minor utility use shall comply with the following standards:
(a) Be located within reasonable proximity of the area to be served;
(b) Provide adequate setbacks, screening, and buffering around the perimeter of the proposed use if it is deemed necessary to ensure land use compatibility with surrounding uses.
(Ord. 05-10, passed 3-23-10)