(A) Intent. The purpose of this section is to establish general guidelines for the siting of telecommunications towers and antennas. The goals of this section are to:
(1) Encourage the location of towers in nonresidential/nonhistorical areas and minimize the total number of towers throughout the community;
(2) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;
(3) Strongly encourage the joint use of new and existing tower sites;
(4) Encourage the location of telecommunications towers and antennas, to the extent possible, in areas where the adverse impact on the community is minimal;
(5) Encourage the location of telecommunications towers and antennas in configurations that minimize the adverse visual impact of the towers and antennas; and
(6) Whenever possible, prioritize space on towers for public purpose use.
(B) Application procedures and site plan requirements.
(1) Communication companies are encouraged to locate telecommunications antennas on or in structures other than a tower. The structures may include church steeples, transmission line towers, utility/light poles, water towers and the like hidden in such a manner so as to not be readily visible (stealth). Where such facilities are not available, co-location of facilities is encouraged.
(2) When a new tower is proposed to be sited, a determination of whether the location will provide a minimal level of coverage vs. optimal coverage shall be taken into consideration. The following standards shall be used in the approval of the siting of new towers:
(a) Each applicant for approval of an antenna and or a tower shall provide to the Planning Department an inventory of its existing antennas and towers that are within 1,000 feet of the proposed site, including specific information about the location, height and design of each tower or antenna. The applicant should also include potential future tower sites in this inventory.
(b) Evidence that the applicant has investigated the possibilities for locating the proposed facilities on an existing tower, the use of stealth technology or location in another zoning district where the tower would be permitted as an administratively approved use. Such evidence shall consist of copies of letters sent to owners of all existing towers within a radius of one mile of the proposed site, requesting the following information:
1. Tower height;
2. Existing and planned tower users;
3. Statement as to whether the existing tower could accommodate the proposed antenna without causing instability or radio frequency interference and if the proposed antenna cannot be accommodated on the existing tower;
4. Statement as to whether the existing tower could be structurally strengthened to accommodate the antenna; and
5. Related equipment which could be protected from electromagnetic interference and a general description of the means and projected cost of shared use of the existing tower.
(c) A copy of all responses within 30 days from the mailing date of the letter required by subsection (2)(b) of this section.
(d) A summary explanation of why the applicant believes that the proposed facility cannot be located on an existing tower.
(e) A summary explanation of why the applicant believes that the use of an alternative tower structure is not possible.
(f) A blue line survey prepared by a licensed North Carolina surveyor showing the location of all existing property lines and improvements within a radius equal to the height of the proposed tower and all proposed improvements, including the tower, antennas, accessory structures and equipment. In addition, the survey must detail all proposed vegetation removal activities, including an inventory of existing trees to be removed.
(g) Drawings of all proposed towers, antennas and accessory structures and equipment indicating elevations, height, colors and design.
(h) Documentation provided by the applicant that the proposed tower and all antennas and equipment comply with all applicable Federal Communications Commission (FCC) regulations. In order to protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation indicating that the power density levels do not exceed levels permitted by the FCC.
(i) Documentation provided by the applicant that the proposed tower, antennas and equipment meet Federal Aviation Administration (FAA) aviation and navigation requirements. No proposed improvements shall restrict or interfere with air traffic or air travel from or to any existing or proposed airport. No lighting shall project onto any surrounding residential property. To the extent required by the FAA, strobes shall be used for nighttime lighting. Whenever strobes are not required by the FAA, flashing beacons are the preferred type of lighting.
(j) A copy of the approved National Environmental Policy Act of 1969 (NEPA) compliance report for all towers, antennas, accessory structures or equipment proposed for the site.
(k) Documentation signed and sealed from a North Carolina licensed engineer that the proposed tower and antennas meets the structural requirements of the North Carolina Building Code and the co-location requirements of this section.
(l) Written indemnification of the town and proof of liability insurance or financial ability 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 on a form approved by the Town Attorney.
(m) Provision of sound engineering evidence demonstrating that location in the proposed district is necessary in the interest of public safety or is a practical necessity.
(n) Evidence that the telecommunications tower is structurally designed to support at least one additional telecommunications services provider and an affidavit that the owner of the tower is willing to permit other user to attach communication facilities, on a commercially reasonable basis, which do not interfere with the primary purpose of the tower. The tower owner may require that such other users agree to negotiate regarding reasonable compensation to the owner from any liability that may result from such attachment. The site plan shall indicate a location for at least one equipment building in addition to that proposed for use by the applicant. Priority for co-location on the proposed tower shall be given to antennas that will serve a public safety need for the community.
(o) Approval for the proposed tower within a radius of 1,000 feet of an existing tower or other suitable structure (measured in a straight line distance) shall not be issued unless the applicant certifies that the existing tower or structure does not meet the applicant's structural specifications or technical design requirements or that a co-location agreement could not be obtained at a reasonable market rate and in a timely manner.
(p) The proposed tower shall be designed to accommodate additional antennas equal in number to the applicant's present and future requirements.
(q) In addition to the other considerations of this section, the approving body, in determining whether a tower is in harmony with the area or the effects and general compatibility of a tower with adjacent properties, may consider the aesthetic effects of the tower as well as mitigating factors concerning aesthetics and may disapprove the tower on the grounds that such aesthetic effects are unacceptable. Factors relevant to the aesthetic effects include: the protection of the view in sensitive or particularly scenic areas and areas specifically designated in adopted plans such as unique natural features, scenic roadways and historic sites; the concentration of towers in the proposed area; and whether the height, design, placement or other characteristics of the proposed tower could be modified to have a less intrusive visual impact.
(r) The approving body may request the applicant to conduct a balloon height test or similar tests on the proposed tower site to demonstrate the proposed height of the tower.
(C) Use guidelines and dimensional requirements.
(1) Antennas and towers 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 tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot size and coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming 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 tower 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 tower's guy anchors may be screened or fenced separately in order to comply with the requirements of this subsection.
(3) The base of the tower and each guy anchor shall be surrounded by a security fence or wall at least eight feet in height, unless the tower and all guy anchors are mounted entirely on a building over eight feet in height. The tower's guy anchors may be screened or fenced separately in order to comply with the requirements of this subsection.
(4) No outside storage shall be allowed on any telecommunications facility site.
(5) Accessory equipment structures shall not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.
(6) The proposed tower, 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 tower 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 equipment structure, building or fencing and shall not exceed four square feet in area.
(8) The proposed tower shall be set back from all publicly owned roads or rights-of-way a distance equal to the tower height divided by three. If visible from any public road or right-of-way, a landscape plan is required 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 15% reduction in the required setbacks, but in no case shall the setback be less than those required for the underlying zoning district. Also, to encourage the construction of monopole structures, monopole towers may have a 25% reduction in the required setbacks. Monopole towers which will immediately operate with more than one user may have a 40% reduction in the required setbacks. To encourage location of towers in forested areas with a minimum depth of 65 feet, the tower 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. The setback reductions shall only be allowed upon a certification by a North Carolina licensed design professional which states that the structure's design and construction are such that, in the event of structural loadings in excess of design and resulting failure or collapse, all portions of the tower will fall within an identified area (the fall zone), and that no buildings or structures on adjacent zoning lots lie within said fall zone. Such certification shall consider potential future structures which may be constructed on such adjacent lots, subject to the limitations of existing setbacks and permanent easements on such lots.
(10) Except where setback reductions are allowed under the previous division, the proposed tower shall be set back from all property lines a distance equal to the proposed tower’s radius or extent of the fall zone as certified by a North Carolina licensed design professional.
(11) The proposed tower shall be set back a distance equal to the tower's height plus 50 feet from any residential structure.
(12) Notice shall be provided to the Planning Department when the tower is placed out of service. Towers that are not used for a period of six months or more shall be removed by the owner within 120 days of owner's receipt of notification to that effect. Any tower, antenna, accessory structure or equipment that is not used for communication purposes for more than 120 days shall be considered abandoned and shall be removed by the owner within 60 days of owner's receipt of notification. The Building Inspector may establish a shorter period of time for removal of a tower that is structurally unsound.
(D) Nonconforming towers. Continuation, relocation and reconstruction of and enlargements and modifications to towers and associated equipment that do not meet current requirements of this section (towers constructed prior to the effective date of this chapter) are subject to the following requirements:
(1) A site plan shall be submitted for any relocation or reconstruction of a nonconforming tower;
(2) Increases in height shall not exceed 10% of the height of the tower as it existed in 1999 and shall not equal or exceed a height that would either require a special use permit or would require the tower, if unlit, to add lights;
(3) Any relocation or structural change must be on the tower's current site; must eliminate the need for an additional tower or provide both additional co-location opportunities and additional antenna space beyond what is provided by the current tower; and may not change the style of the tower, if the tower is currently a monopole;
(4) Any relocation must comply with current setback requirements, if physically possible, or if compliance is not possible, the relocation must not increase the amount by which setbacks are nonconforming, other than increases necessitated solely by changes in size of the base to support the new tower. If the foregoing setback requirements cannot be met, then setbacks may only be decreased by up to 10% of the originally constructed tower height;
(5) If a nonconforming tower is damaged beyond 50% of its replacement value, a replacement tower constructed on the same site or lot may not exceed the height of the previous tower and must comply with all requirements of the current provisions, except the requirement for a use permit.
(Ord. 99-09, passed 5-10-99; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 17-2, passed 5-13-19; Am. Ord. 18-4, passed 6-14-21)