A. Application. Special use permits may be required for support structures where required per Section 7.1: Table of Permissible Uses. When a special use permit is required, a complete application for a special use permit shall consist of a completed application form, a site plan, and documentation prepared and sealed by a professional engineer registered in North Carolina sufficient to address necessary requirements (including collocation) per state and federal law. The special use permit shall be reviewed in accordance with Section 3.4.9: Special Use Permit and the provisions of this Section.
B. Additional Review Procedures.
1. In addition to the review procedures provided for in Section 3.4.9: Special Use Permit, the Board of Adjustment (BOA) may consider the support structure’s harmony with the surrounding area, its compatibility with adjacent properties, and the availability or lack thereof of other more suitable sites. The aesthetic effects of the support structure, as well as any mitigating factors concerning the aesthetics, may be used to evaluate the application. In reaching a decision, the BOA may request the height, design, screening, placement, or other characteristics of the support structure be modified.
2. The review of support structure shall comply with all state and federal law and shall be completed within one-hundred-fifty (150) days (or timeframe mandated under federal law, if amended).
3. Denials shall be provided to the applicant in writing and provide details as to the reason for denial.
C. Findings of Fact. In addition to any criteria for Special Use Permits, per Section 3.4.9: Special Use Permit, the BOA shall make the following findings of fact:
1. The use will not interfere with any of the surfaces provided under FAA Regulation 14 CFR Part 77 surrounding the Charlotte-Monroe Executive Airport or affect the radio and navigation signals of the operating ground and airborne equipment in the vicinity of the Airport.
2. For any support structure proposed to be located in a residential zoning district, as identified in Section 4.2: Residential Zoning Districts, or within five-hundred (500) feet of the nearest property line of a legal conforming residential use, the applicant has submitted substantial evidence that the support structure cannot, by technical necessity, be located more than five-hundred (500) feet from the nearest property line of a legal conforming residential use.
3. For any support structure proposed to be located in a nonresidential zoning district and within five-hundred (500) feet of the nearest property line of a legal conforming residential use or residential zoning district, the applicant has submitted substantial evidence that the support structure cannot, by technical necessity, be located more than five-hundred (500) feet from the nearest property line of a legal conforming residential use or residential zoning district.
4. The height of the support structure, as proposed, is required to: (1) provide a reasonable level of service; or (2) meet the collocation requirements of this Section; or (3) prevent the need for another support structure in the search area.