Standards for . should exercise best efforts in the placement of so that they have minimal impact on adjacent residents and land . Conformance with the standards be conclusive proof of best efforts on the part of . The standards apply to :
(A) Standards for Group 1. The be located on sufficient land to meet the setback requirements of the zoning district, if applicable.
(B) Standards for Group 2.
(1) The be placed as close to the existing as is reasonable feasible and on the same parcel as the original .
(2) The meet the setback requirements of the zoning district, if applicable. However, if the existing is non-conforming for setbacks, the not increase the degree of non-conformity.
(3) The existing being replaced be removed within 90 days of completion of the .
(C) Standards for Group 3. The be located on sufficient land to meet the setback requirements of the zoning district, if applicable.
(D) Standards for Groups 5, 6 and 7.
(1) District setback requirements. The be located on sufficient land to meet the setback requirements of the zoning district, if applicable.
(2) from existing . New monopole be located at least half (1/2) mile from any existing or permitted of any type (monopole, lattice or guyed) which is greater than 150 feet in height. New lattice or guyed be located at least one (1) mile from any existing or permitted of any type which is greater than 150 feet in height.
from Existing or Permitted | |
New Type | Greater than 150 feet in Height |
Monopole | 1/2 mile |
Guyed or lattice | 1 mile |
(3) from .
(a) distance. New monopole be separated from and other by a distance equal to 75% of the height of the proposed . New lattice or guyed be separated from and other by a distance equal to the height of the proposed .
from | |
Type | (Percentage of ) |
Monopole | 75% |
Guyed or lattice | 100% |
(b) Exception. The required area for all types of new may include if the applicant obtains affidavits of understanding or similar documents from the of containing the . The affidavits or other documents state that the do not object to the construction of the as proposed in the application and agree to hold the Town of Mills River harmless from any and all liability for the location and construction of the as proposed in the application. The affidavits should also cite the specific plan or drawing reviewed by the .
(4) . No permanent or strobe lights be allowed on the unless required by federal, or local law or regulation. Ground level security may be permitted if designed to minimize impacts on adjacent .
(5) Color. be light gray or any other color that blends into the environment in which the is located, except when otherwise required by applicable federal and law or regulations.
(6) Signs. A sign which includes the name of the operator and a telephone number for emergencies be displayed in a visible location near the . No sign may be placed on the for commercial advertisement purposes. "Warning" and "no trespassing" signs are permitted and encouraged.
(7) . The base of any be surrounded by a secured fence or an enclosed wall of at least 8 feet in height.
(8) Compliance with federal and regulations. The applicant be required to provide documentation satisfactory to the of compliance with all applicable federal and laws and regulations.
(9) Siting on . The height of any new monopole proposed for a , as defined, not be greater than 30 feet above the existing vegetative canopy (tree line) adjacent to the . The height of new lattice or guyed proposed for a not be greater than 20 feet above the existing vegetative canopy adjacent to the . For purposes of this , the vegetative canopy be the average tree line height within 500 feet of the or, if no such adjacent vegetation exists, then the canopy be set at 40 feet.
(10) Design to accommodate additional user. All new be designed to accommodate at least one (1) additional user.
(11) Option to town on opportunity. For all new , the applicant give the Town of Mills River the option of collocating, for governmental use, an space on the new at fair market value, if technically feasible and if requested by the Town of Mills River in writing within 30 days of the submission of a approval.
(12) Landscaped buffer. A landscaped buffer be provided around the outside of the fence enclosing the base of the , except where access to the base of the is provided. The purpose of the buffer is to screen the base of the and from surrounding land uses. The buffer be installed and approved by the prior to issuance of a certificate of occupancy for the by the Henderson County Inspections Department.
(a) Material. The buffer consist of at least 1 row of evergreen shrubs capable of forming a continuous hedge or screen at least 8 feet in height. The plants be at least 3 gallon container plants or 24 inches tall at the time of planting. Individual plants be spaced not more than 8 feet apart.
(b) Installation. The required buffer be installed according to established planting procedures using good quality plant materials. Plant materials used for installation conform to the standards established by the American Association of Nurserymen in the American Standard for Nursery Stock.
(c) Maintenance. The be responsible for providing, protecting and maintaining all buffer plant materials in a healthy and growing condition. Unhealthy or dead plant materials be replaced in a timely manner. Replacement materials conform to the materials specified in the landscaped buffer planting plan submitted with the application for the proposed (see § 154.094(B)(2)(a)12.) and , at a minimum, be of the same size and quality of the original plantings.
(d) Waiver of requirements. Mills River Town Council may waive the buffer requirements, in whole or in part, if:
1. The applicant cannot feasibly meet the requirements because of physical constraints or characteristics of the site. In the cases Mills River Town Council may require that plant material be placed in another feasible location on the site which would serve to meet the intent of the buffer requirements.
2. The existing vegetation, topography or other natural means provide of the which satisfies the intent of the buffer requirements.
3. The proposed is in a district where residential dwellings are not allowed.
(E) Standards for Group 8.
(1) District setback requirements. The be located on sufficient land to meet the setback requirements of the zoning district, if applicable.
(2) . No permanent or strobe lights be allowed on the unless required by federal, or local law or regulation. Ground level security may be permitted if designed to minimize impacts on adjacent .
(3) Color. be light gray or any other color that blends into the environment in which the is located, except when otherwise required by applicable federal and law or regulations.
(4) . The base of any be surrounded by a secured fence or an enclosed wall of at least 8 feet in height.
(5) Compliance with federal and regulations. The applicant be required to provide documentation satisfactory to the of compliance with all applicable federal and laws and regulations.
(6) Siting on . The height of any new monopole proposed for a , as defined, not be greater than 30 feet above the existing vegetative canopy (tree line) adjacent to the . The height of new lattice or guyed proposed for a not be greater than 20 feet above the existing vegetative canopy adjacent to the . For purposes of this , the vegetative canopy be the average tree line height within 500 feet of the or, if no such adjacent vegetation exists, then the canopy be set at 40 feet.
(7) Option to town on opportunity. For all new , the applicant give the Town of Mills River the option of collocating, for governmental use, an on the new at fair market value, if technically feasible and if requested by the Town of Mills River in writing within 30 days of the submission of a application.
(8) Landscaped buffer. A landscaped buffer be provided around the outside of the fence enclosing the base of the , except where access to the base of the is provided. The purpose of the buffer is to screen the base of the and from surrounding land uses. The buffer be installed and approved by the prior to issuance of a certificate of occupancy for the by the Henderson County Inspections Department.
(a) Material. The buffer consist of at least one (1) row of evergreen shrubs capable of forming a continuous hedge or screen at least 8 feet in height. The plants be at least 3 gallon container plants or 24 inches tall at the time of planting. Individual plants be spaced not more than 8 feet apart.
(b) Installation. The required buffer be installed according to established planting procedures using good quality plant materials. Plant materials used for installation conform to the standards established by the American Association of Nurserymen in the American Standard for Nursery Stock.
(c) Maintenance. The be responsible for providing, protecting and maintaining all buffer plant materials in a healthy and growing condition. Unhealthy or dead plant materials be replaced in a timely manner. Replacement materials conform to the materials specified in the landscaped buffer planting plan submitted with the application for the proposed (see § 154.094(B)(2)(a)12.) and , at a minimum, be of the same size and quality of the original plantings.
(d) Waiver of requirements. Mills River Town Council may waive the buffer requirements, in whole or in part, if:
1. The applicant cannot feasibly meet the requirements because of physical constraints or characteristics of the site. In the cases Mills River Town Council may require that plant material be placed in another feasible location on the site which would serve to meet the intent of the buffer requirements.
2. The existing vegetation, topography or other natural means provide of the which satisfies the intent of the buffer requirements.
3. The proposed is in a district where residential dwellings are not allowed.
(Ord. 00079, passed 4-25-2013; Am. Ord. 2021-06, passed 4-22-2021)