A. Purpose and Intent. It is the intent of this Section to comply with G.S. Ch. 160D, Article 9, Part 3 Wireless Telecommunication Facilities, applicable state and federal law, and establish standards for the siting of wireless telecommunication facilities within the City. The City, through this Section, will allow wireless providers the opportunity to locate wireless telecommunication facilities, wireless telecommunication support structures, and small wireless facilities within its jurisdiction in order to provide an adequate level of service to its customers while protecting the health, safety, and welfare of the citizens of Monroe and its extraterritorial jurisdiction. No wireless facility, support structure, or small wireless facility shall be constructed, nor altered, from and after the effective date of this Section, except in conformance to the provisions stated herein. This Section intends to:
1. Protect residential districts and uses from potential adverse impacts;
2. Encourage collocation. It is the policy of the City to limit the number of wireless facilities needed within its jurisdiction. To accomplish this, the City requires collocation whenever possible and permits support structures of sufficient height to allow space for multiple antennas. Small wireless facilities, which may negate the need for additional wireless support structures, are encouraged;
3. Comply with all applicable state and federal law; and
4. Ensure that wireless telecommunication facilities, support structures and small wireless facilities in public rights-of-way do not inhibit the safety of pedestrians or obstruct sight distance triangles.
B. Applicability. The provisions of this Section shall apply to all wireless telecommunication facilities, unless specifically exempted in this Section. All wireless telecommunication facilities, support structures and small wireless facilities shall comply with this UDO, applicable Federal Aviation Administration (FAA) regulations, Federal Communications Commission (FCC) regulations, and any other state or federal government regulations.
C. Exemptions. The following shall be exempted from the standards in this Section, but shall be required to comply with all other relevant standards in the UDO:
1. Amateur radio antennas operated by FCC-licensed amateur radio operators with an overall height of fifty (50) feet or less;
2. Satellite dish antennas, other than broadcast, which may only be developed in accordance with the provisions of this UDO;
3. Replacement or modification of antennas, appurtenances or other equipment with facilities that are substantially similar or of the same or smaller size, and that does not substantially change the physical dimensions of the wireless telecommunications facility when viewed from ground level from surrounding properties;
4. Wireless communications facilities, support structures, or small wireless facilities erected as a temporary use, that receive a temporary use permit;
5. Wireless communications facilities, support structures or small wireless facilities erected upon the declaration of a state of emergency by a federal, state, or local government;
6. Emergency communication support structures owned by a public agency that is wholly or in part used for public safety or emergency communication purposes;
7. Small wireless facilities located in an interior structure or upon the site of any stadium or athletic facility. This subsection does not apply to a stadium or athletic facility owned or otherwise controlled by the city. This subsection does not prohibit the enforcement of applicable codes;
8. Private easement agreements between private parties. Any and all rights for the use of a right-of-way are subject to the rights granted pursuant to an easement between private parties;
9. Wireless telecommunications facilities in the rights-of-way of state-maintained highways or City rights-of-way by a provider authorized by state law to operate in the rights-of-way of state-maintained highways or city rights-of-way.
D. Wireless Telecommunication Facility Types.
1. Wireless Telecommunication Facilities. Equipment at a fixed location which enables wireless telecommunications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, and associated equipment.
2. Wireless Telecommunication Facility Support Structures. Wireless telecommunication facilities that take the form of a support structure (commonly referred to as a “tower”), whether monopole, lattice, guyed or similar. All support structures shall comply with the provisions of this UDO and state and federal law. Support structures shall be reviewed consistently with state and federal law.
a. Major Wireless Telecommunication Facility Support Structure. Any new wireless telecommunication facility support structure greater than one-hundred-and-fifty (150) feet in height (maximum two-hundred (200) feet in height).
b. Minor Wireless Telecommunication Facility Support Structure. Any new wireless telecommunication facility support structure one-hundred-twenty (120) to one-hundred-fifty (150) feet in height.
c. Limited Wireless Telecommunication Facility Support Structure. Any new wireless telecommunication facility support structure below one-hundred-twenty (120) feet in height.
3. Small Wireless Facilities. Wireless facilities not in the form of a telecommunication facility or support structure, small cell wireless facilities typically consist of compact wireless telecommunication technology which exists inside an enclosure of no more than six (6) cubic feet in volume.