A. Specific Standards.
1. Major Support Structure. Any new wireless telecommunication facility support structure greater than one-hundred-fifty (150) feet in height shall comply with the following standards:
a. A valid Special Use Permit is required.
b. The support structure must be constructed to have the capacity to support at least three collocations.
c. Maximum height is two-hundred (200) feet.
d. Permitted support structure types include monopole, lattice or guyed.
e. Stealth designs are not required.
f. In no case shall a new wireless telecommunication facility support structure be permitted in the DC-MX district, DG-MX district, a locally designated historic district, a National Register Historic District, or within five-hundred (500) feet of a property listed on the National Register of Historic Places. Major support structures may only be allowed in permitted districts per Section 7.1: Tables of Permissible Uses.
2. Minor Support Structure. Any new wireless telecommunication facility support structure one-hundred-twenty (120) to one-hundred-fifty (150) feet in height.
a. The support structure must be constructed to have the capacity to support at least two collocations.
b. Maximum height is one-hundred-fifty (150) feet.
c. Permitted support structure types include monopole, lattice or guyed.
d. Stealth design is not required.
e. Minor support structures may only be allowed in permitted districts per Section 7.1: Tables of Permissible Uses.
3. Limited Support Structure. Any new wireless telecommunication facility support structure below one-hundred-twenty (120) feet in height.
a. The support structure must be constructed to have the capacity to support at least one collocation.
b. Stealth design is required. Tree stealth design is not permitted.
c. Permitted support structure types include monopole, lattice, or guyed.
d. Limited support structures may only be allowed in permitted districts per Section 7.1: Tables of Permissible Uses.
B. General Standards. The following standards shall be required:
1. Collocation Opportunities. Applicants must submit a notarized statement signed by the owner, or its legal representative, of the number of collocation sites on the wireless telecommunication facility support structure which will be made available. A declaration that such site will be negotiated in good faith at reasonable terms to other wireless providers is also required. Documentation sealed by a professional engineer registered in North Carolina is required to demonstrate that the support structure has sufficient structural integrity for the intended users and collocations.
2. Aesthetics. To minimize the visual impact of new wireless telecommunication facility support structures, the following requirements shall apply:
a. Wireless telecommunication facilities shall not be lighted unless specifically required by the FAA. If FAA lighting is required, strobe lights shall be avoided unless specifically required by the FAA. Lighting of all facilities in any district shall be directed toward the support structure and/or equipment shelters.
b. Two-way and microwave antennas shall be located inside accessory buildings when technically possible.
c. Outdoor storage of equipment or other related items is prohibited on wireless telecommunication facility sites.
3. Fencing. In order to secure the site from unauthorized use, an eight (8) foot high fence shall be constructed around any support structure and all ancillary structures housing equipment. The gate into the fenced area shall be located so that it is not easily visible from a public street or adjacent residence.
4. Screening. Screening is required along all exterior sides of the fence, excluding the gate.
a. Screening shall be located outside and parallel to the perimeter of the security fencing.
b. Such screening shall consist of evergreen shrubs or trees or any combination thereof planted in such numbers and intervals which will provide an opaque screen within two years.
c. All plantings shall be at least three (3) feet in height at the time of planting and capable of reaching a height of six (6) feet within two (2) years. The owner of the property and the owner of the support structure shall be jointly and severally responsible for the maintenance of all screen materials. Such maintenance shall include all actions necessary to keep the screened area free of litter and debris, to keep plantings healthy, and to keep planting areas neat in appearance. Vegetation and plant material shall be maintained and replaced when necessary.
5. Signage. Signage is required to identify the facility as a “no-trespassing area” and to provide a current emergency contact, telephone number, site address and other information as required by applicable federal, state, or local laws. Signage shall meet the following standards:
a. No advertising signs are permitted on a support structure site where the support structure is the principal use of the property.
b. No advertising signs are permitted within or on the fence securing the support structure site.
c. No advertising signs are permitted to be located anywhere on a support structure.
d. Signs for the purpose of safety and information, not legible from a public right-of-way or adjacent residential lots, are permitted within the fenced area of any support structure site.
e. Freestanding signs are prohibited.
6. Lot Size. Support structure sites must be a minimum of 10,000 square feet in size or meet the minimum lot size for the district in which it is located, whichever is greater. A support structure site shall include the entire legal parcel on which the support structure is located, even if the support structure is an accessory use of the property. When support structures are located as accessory uses, any undeveloped/un-impervious requirements which apply to the property must continue to be met for the property as a whole. In addition, if the principal use requires a minimum lot size, then the minimum lot size for the support structure shall be in addition to the minimum lot size established for the principal use.
7. Interference or Obstruction with Public Safety Telecommunications. New wireless telecommunication service shall not obstruct existing or proposed public safety telecommunication facilities. All applications for new service shall be accompanied by a certification obtained by the applicant from the City Chief of Police, Union County Sheriff and Union County Emergency Management Director that the support structure and ancillary wireless telecommunication facilities are not expected to interfere or obstruct such public facilities. In the event interference or obstruction does occur with public safety telecommunication facilities, it shall be the responsibility of the owner of the commercial wireless telecommunication facility creating the interference or obstruction to make all necessary repairs and/or accommodations to alleviate the problem.
8. Setbacks. All support structures, including ancillary structures and guy wires, must meet a minimum fifty (50) feet setback requirement. Major wireless telecommunication facility support structures may have greater setback requirements as part of any Special Use Permit approval.
9. Certifications Required. Prior to the release of any occupancy permit or certificate for a support structure site, the applicant must submit federal/local documentation that the support structure complies with (or is not subject to) all requirements of the FCC, the National Environmental Polity Act (NEPA), and State Building Code requirements. In addition, prior to approval, the applicant shall submit a copy of any FAA comments for review by staff.
10. Placement of Antennas on Existing Buildings. An antenna may be attached to a commercial or multifamily building in accordance with the following standards:
a. Antennas shall not extend above a height twenty percent (20%) higher than the highest point of the building or structure;
b. Antennas visible from the street shall be omni-directional, screened, or be camouflaged to minimize appearance; and
c. All other equipment shall be located within the building or screened to prevent off-site views.
11. Rights-Of-Way. Per G.S. § 160D-936, a wireless provider shall be required to repair all damaged caused by their work on rights-of-way.
12. Abandonment. Whenever a support structure ceases to be in active operation for more than one-hundred-eighty (180) days, it shall be considered abandoned and removed by the owner of the support structure or the owner of the property.
a. The owner of the property and the owner of the support structure shall be jointly and severally responsible for the removal of an abandoned support structure.
b. The City Council may grant a one-time extension equal to one-hundred-eighty (180) days whenever it finds that such an extension will not compromise the public health, safety, or welfare and that such extension is not solely for the purpose of delaying the cost of removing the support structure.
c. Whenever a support structure is abandoned, the owner of the support structure shall notify the City’s Planning and Development Department within thirty (30) days following abandonment.