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(A) The process be followed for application and processing of all communication . Group 1 category communication submit a zoning application and fee with a sketch plan verifying that setbacks are met. All other groups follow the process outlined in this .
(B) application and review requirements for . All sealed documents be accompanied by an unsealed copy. All site plans and drawings must submit at least one copy in 11 x 17. Application and review requirements for vary according to group, as follows:
(1) Requirements for Groups 2, 3, 4 and 7. In order to obtain a for or activities in Groups 2, 3, 4 and 7, the applicant submit the items to the :
(a) Application.
1. An application form (to be provided by the ).
2. A fee (to be set by the in a fee schedule).
3. A sketch plan in sufficient detail to show the location of the , the foundation, accessory and within the .
4. A structural engineering certification signed and sealed by an active, registered, North Carolina professional engineer, certifying the structural integrity of the and the . The may accept, in lieu of the above, other documentation evidencing the structural integrity of the and the . Applicants for for residential, amateur radio or governmental use or those in Group 4 do not have to submit the structural engineering certification or similar documentation.
5. A copy of the valid Federal Communications Commission license must be provided to the Town before the communication be operational.
(b) Review procedure. If an application for a Group 2, 3, 4 or 7 meets the requirements of this , the issue a for the . The have 10 business days from the date a complete application is filed to issue or deny the . If the has reason to deny a , the notify the applicant of the nonconformity which could cause a denial and give the applicant 10 business days to cure the nonconformity. If the applicant fails to cure the nonconformity within 10 business days, the may deny the , but the denial be made in writing and be accompanied by the reasons stating why the was denied.
(2) Requirements for Group 5 or 8. In order to obtain a for or activities in Group 5 or 8, the applicant submit the items to the :
(a) Application.
1. An application form (to be provided by the ).
2. A fee (to be set by the in a fee schedule).
3. A profile, with dimensions, which shows the proposed , the foundation, accessory and .
4. A structural engineering certification signed and sealed by an active, registered, North Carolina professional engineer, certifying the structural integrity of the and the .
5. A site plan, prepared by an active North Carolina registered land surveyor, registered professional engineer or registered landscape architect, which contains the information:
a. The names, addresses and telephone numbers of the applicant and the .
b. The plan scale, a North arrow and a vicinity map.
c. Tax parcel identification number for any parcel of land containing the and the tower's latitude and longitude coordinates.
d. The name, address, and seal of the person who prepared the site plan.
e. The boundary lines of any parcel or portion thereof that will contain the proposed . The boundary lines be surveyed by an active North Carolina registered land surveyor.
f. The general location of boundary lines of any parcel or portion thereof within a radius from the equal to the proposed .
g. The names and tax parcel identification numbers of all of immediately adjacent to any parcel containing the .
h. All identifiable and other (including existing ), roads and located on the parcel containing the and within a radius from the equal to the .
i. The and the foundations for all guyed line anchors and support , all proposed , accessory and any other proposed improvements, including roads and utilities serving the proposed site.
j. The ground elevation of the base of the proposed to the nearest foot.
6. Statement regarding of additional user. The applicant submit a document signed and sealed by an active, registered, North Carolina professional engineer which indicates that the proposed will accommodate at least one (1) additional user.
7. Statement regarding . The applicant submit a statement which indicates that he or she is willing to allow future and will make space available at fair market value. This statement may include a caveat for rejecting a based on concern regarding frequency disruption as certified by a certified radio frequency engineer.
8. Evidence of mailing of notices of intent. The applicant must submit documentation which shows that the applicant has sent required notices of intent to file an application for a to all of immediately adjacent to the parcel containing the as well as to all of within a radius measured from the equal to a half (1/2) mile. The notice of intent include the : a vicinity map showing the proposed location; a sketch of the with dimensions which indicates the proposed type and height; and a general statement from the outlining the procedure by which the proposed may be permitted. (See sample on file with the .) The notices of intent be mailed no fewer than 10 days and no more than 30 days prior to the date on which an application for a is filed. A list of all current adjacent as listed with Henderson Land Records be included.
9. Evidence of lack of alternative sites be presented when a tower falls within the required distance listed in § 154.093, from existing communication . The applicant for a Group 5 must provide documentation which shows that a reasonable effort has been made to collocate a proposed for a on an existing or and that there are no feasible alternatives to constructing the proposed because the of an existing or which could be used for an is unwilling or unable to allow the or because no or exists which: could provide coverage to the proposed service area; or is structurally capable of supporting the intended equipment; or is the proper height; or would not cause frequency interference. Group 8 is exempt from this application requirement.
10. acquisition documents. Where any adjacent to the falls within the distance of the measured from the , the applicant submit, with the application, a statement of intent to grant an to the applicant. If the application is subsequently approved, no certificate of occupancy for operation may be issued by the Town of Mills River until documents are recorded in the Henderson County Register of Deeds office and copies of such are submitted to the Town of Mills River.
11. Evidence of compliance with federal and regulations. The applicant be required to provide documentation satisfactory to the of compliance with all applicable federal and regulations.
12. Landscaped buffer planting plan. The applicant submit a sketch which shows the general type(s) of plant materials to be used for the buffer and where the materials will be planted on the .
13. A copy of the valid Federal Communications Commission license must be provided to the Town before the communication be operational.
(b) Review procedure. If an application for Group 5 or 8 meets the requirements of this , the issue a for the . The have 15 business days from the date a complete application is filed to issue or deny the . If the has reason to deny a , the notify the applicant of the nonconformity that would cause a denial and give the applicant 10 business days to cure the nonconformity. If the applicant fails to cure the nonconformity within 10 business days, the may deny the , but the denial be made in writing and be accompanied by the reasons stating why the was denied.
(3) Requirements for Groups 6. In order to obtain a for or activities in Groups 6, the applicant submit the items to the :
(a) Application. All of the items stated in division (B)(2)(a)1. through 13., requirements for Group 5 and 8, above, except that the fee be set by the in a fee schedule reflected as a fee.
(Ord. 00079, passed 4-25-2013; Am. Ord. 2021-06, passed 4-22-2021)
notice be provided to the by the /operator and the when the use of a is discontinued. If the use of a has been discontinued for a continuous period of 90 days, then the /operator or the remove the within 90 days. The /operator and the be jointly and severally responsible for the removal.
(Ord. 00079, passed 4-25-2013)
All for the construction of be issued upon a presumption that the application and documents submitted do not contain any misrepresentations or inaccuracies and that the will strictly conform to the plans which are submitted as the basis for the . Any misrepresentation or inaccuracy in the application or documents submitted or failure to strictly conform the to the plans submitted constitute a violation of this . Further, once constructed, the must continue to be at all times maintained in strict compliance with the provisions of this ; failure to do so also constitute a violation of this . Any violation subject the /operator and the to revocation pursuant to § 154.098 and penalties pursuant to § 154.101.
(Ord. 00079, passed 4-25-2013)
(A) Where, because of severe topographical or other conditions peculiar to the site, strict adherence to the provisions of this would cause an unnecessary hardship, the may authorize a variance, if the variance can be made without compromising the intent of this . Notwithstanding the foregoing, no variance may be issued allowing the modification of any height restriction or limitation contained in this . Anyone desiring a variance from the terms of this make application, in writing, justifying the request. The prepare an item requesting that the set a quasi-judicial public hearing on the application for variance and forward the item to the Town Manager or other appropriate personnel designated by by the agenda deadline for the first regularly scheduled meeting of the after the application has been submitted. The schedule the public hearing for a regular evening meeting on a date which allows sufficient time for notice of the hearing to be mailed to of adjacent and to be published in the newspaper, as outlined in § 154.199 Notice of a quasi-judicial public hearing on an application for a proposed comply with the provisions of G.S.
§ 160D-601
, as amended. (see § 154.199). The consider the public health, safety and welfare when ruling on applications for variance. Any grant of a variance pursuant to this section must be based upon specific findings of the fact made by the Board that support the conclusions:
(1) There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this .
(2) The variance applied for is in harmony with the general purpose and intent of this and preserves its spirit.
(3) In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done.
(B) Any variance authorized by the is required to be entered in the minutes of the meeting of the and the reasoning on which the departure was justified set forth. In addition, the grant of the variance be made in writing and delivered to the applicant.
(Ord. 00079, passed 4-25-2013; Am. Ord. 2021-06, passed 4-22-2021)
(A) Revocation by . The revoke any issued by the pursuant to this for any violation of this upon the having knowledge of the violation; provided, however, that the notify the /operator and of the violation that may cause the to be revoked and give the /operator and at least 10 business days to cure the violation. If the /operator and/or the fails to cure the violation within the time prescribed, the revoke the . The revocation of the must be made in writing and must be accompanied by the reasons for which the was revoked.
(B) Revocation by . The may revoke any issued pursuant to this for any violation of this ; provided, however, that prior to the consideration of the revocation of the , the notify the /operator and of the violation that may cause the to be revoked and give the /operator and at least 10 business days to cure the violation. If the /operator and/or the fails to cure the violation within the time prescribed, the may prepare an item requesting that the set a quasi-judicial public hearing on the revocation of the and forward the item to the appropriate personnel by the agenda deadline for the first regularly scheduled meeting of the after the revocation request has been submitted. The schedule the public hearing for a regular evening meeting on a date which allows sufficient time for notice of the hearing to be mailed to of adjacent and to be published in the newspaper, as outlined in § 154.199. Notice of a quasi-judicial public hearing on an application for a proposed comply with the provisions of G.S. § 160D-601, as amended. (See § 154.199). The revocation of the must be made in writing and must be accompanied by the reasons for which the was revoked. The request for revocation of the submitted to the may be accompanied by an application for variance related to the violation and the same may be considered by the as outlined in § 154.097.
(Ord. 00079, passed 4-25-2013; Am. Ord. 2021-06, passed 4-22-2021)
(A) Decision of the . The denial or the revocation of a by the or the imposition of any conditions to the by the may be appealed to the Mills River Town Council by giving notice within 15 days of notification to the applicant of the Zoning Administrator's decision. Further appeal be made pursuant to division (B) as below set forth.
(B) Decision of the . The denial or the revocation of a by the or the imposition of any conditions to the by the may be appealed to the Superior Court of Henderson County in the nature of certiorari. A petition for writ of certiorari in the Superior Court must be filed with the Clerk of Superior Court within 30 days after the decision of the Mills River Town Council is served upon the applicant. Unless otherwise ordered by a court of competent jurisdiction, this may be enforced pursuant to § 154.101 during the pendency of any appeal under this division.
(Ord. 00079, passed 4-25-2013)
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