Communications towers and/or antennas shall meet the following requirements where conditionally permitted.
(A) Permit required.
(1) In all districts, any antenna co-located on an existing legally conforming structure that meets the conditions specified in division (C) below and all other applicable zoning requirements shall be permitted by right upon issuance of a valid zoning permit from the Zoning Administrator.
(2) In residential districts RS, RSV, RSM and RG a new antenna on an existing tower meeting the conditions specified herein, division (C), shall be a permitted use. New free-standing monopoles with a height not exceeding 100 feet are a permitted special exception upon issuance of and in accordance with the limitations of a special exception permit pursuant to § 153.053.
(3) In commercial districts LC and GC, a free-standing or guyed tower with a height not exceeding 180 feet is a permitted conditional use.
(4) In the rural district R2 and the IND industrial district, free-standing or guyed towers with height not exceeding 360 feet is a permitted conditional use.
(5) In Planned Development Districts, towers with height specified in an approved plan are permitted under conditions set forth in the plan.
(6) In districts in which communication towers and antennas are permitted, except in the Planned Development Districts, free-standing or guyed towers and antennas exceeding height limitations may be permitted by the Board of Zoning Appeals as a special exception upon issuance of and in accordance with the limitations of a special exception permit as detailed in § 153.053.
(B) Application requirements. The applicant for a conditional use zoning permit for construction of a communications tower or placement of a commercial telecommunication antenna on an existing structure other than a tower previously permitted must file with the Zoning Administrator an application accompanied by the applicable fee, as shown in the most recently adopted fee schedule, and the following documents:
(1) One copy of typical specifications for proposed structures and antennae, including description of design characteristics and material;
(2) A site plan, drawn to scale, showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property;
(3) A current map, or update for an existing map on file, showing locations of applicant's antennae, facilities, existing towers, and proposed towers which are reflected in public records, serving any property within the county;
(4) A report from a structural engineer registered in South Carolina showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIAMA 222 (latest version) standards;
(5) Identification of the owners of all antennas and equipment to be located on the site;
(6) Written authorization from the site owner for the application;
(7) Evidence that a valid FCC license for the proposed activity has been issued;
(8) A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts;
(9) A written agreement to remove the tower and/or antenna within 90 days after cessation of use;
(10) Evidence that applicable conditions in division (C) are met; and
(11) Additional information required by the Zoning Administrator for determination that all applicable zoning regulations are met.
(C) Conditions. Applicant must show that for all permits all applicable conditions are met.
(1) The proposed communications tower, antenna, or accessory structure will be placed in a location that will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by applicable communications regulations and applicant's technical design requirements.
(2) Applicant must show that a proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and applicant's technical design requirements, without unreasonable modifications on any existing structure or tower owned by the applicant or any other structure owned by a private or public entity.
(3) Applicant for a permit in a residential district must show that the area cannot be adequately served by a facility placed in a nonresidential district for valid technical reasons.
(4) Applicant must show that a new tower is designed to accommodate additional antennae equal in number to applicant's present and future requirements and must submit a statement that they will act in good faith in negotiating use of the tower by other entities.
(5) Applicant must show that all applicable health, nuisance, noise, fire, building, and safety code requirements are met.
(6) A communications tower must not be painted or illuminated unless otherwise required by state or federal regulations or division (11)(c) below.
(7) A permit for a proposed tower site within 1,000 feet of an existing tower shall not be issued unless the applicant certifies that the existing tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a collocation agreement could not be obtained.
(8) Applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with the Zoning Administrator a written indemnification of the County and proof of liability insurance (Comprehensive General Liability) or financial ability to respond to claims up to $1,000,000 in the aggregate which may arise from operation of the facility during its life, at no cost to the county, in form approved by the county attorney. Co-locators proposing to locate on an existing structure are exempt from this requirement.
(9) Where a telecommunication tower is to be located on a lot with an existing principle use, the tower shall be located in the rear yard only. In addition, a recorded easement for an access road at least 12 feet wide shall be maintained by the property owner and applicant from a public street to the tower for use by service and emergency vehicles.
(10) Towers are prohibited on the tops of buildings or structures in all residential and business zoning districts.
(11) In the IND - Industrial Zoning District, towers may be permitted on roofs or walls after submittal of a report by a qualified and licensed professional engineer indicating the existing structure's suitability to accept the antenna, and the proposed method of affixing the antennae to the structure.
(a) Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated, for review by the county.
(b) Towers on roofs may be allowed when the tower height:
1. Does not exceed more than 30% of the height of the building; or
2. Is no more than 30 feet above the building/structure, whichever is less.
(c) Towers on roofs or walls shall be screened, constructed, and/or colored to match the structure to which they are attached.
(12) Applicants building new towers shall plan the fence and landscaping per the requirements of divisions (13) and (14) to accommodate all future providers on the site such that the fence and landscaping materials surround the land designated for all future equipment buildings and the tower.
(13) Fencing. A minimum 6-foot high chain link fence is required immediately around the telecommunications tower and any equipment building(s) since the tower can be considered an attractive nuisance. Barbed wire shall be used along the top of the fence and access to the tower area and equipment buildings shall be through a locked gate.
(14) Landscaping. A landscaped buffer 20 feet in depth shall be required along the outside area of the perimeter-fenced area(s) to mitigate the visual impacts of the tower and equipment buildings from nearby viewers.
(a) Landscape materials shall be planted within the required buffer and shall consist of 12 trees (1/3 shall be evergreen) and 20 shrubs required per 100 feet of buffer strip, planted at reasonable intervals to ensure plant health. Evergreen shrubs should be of a size expected to reach a minimum of 6 feet in height at maturity. Accommodations for reasonable access and use may be incorporated as necessary.
(b) All landscaping shall be irrigated and maintained to ensure good health and vitality.
(c) Screening requirements shall not apply to telecommunications providers who have camouflaged (stealth towers) towers or who have located antennas within another structure (such as a steeple), or who have co-located on an existing tower. Nor shall screening apply when an antenna will be mounted on an electrical transmission tower or on structures such as a water tower/tank, grain silos, etc. or similar structures.
(15) Land development regulations, visibility, landscaping, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations except setback and height, shall apply to the use. Setbacks, landscaping and screening, parking, fencing and height conditions shall be as specified in division (C) herein.
(16) A tower must be a minimum distance equal to 1/2 of the height of the tower from property officially designated historic or architecturally significant, and must be set back from all property lines distances equal to the district setback requirements or 25% of the tower height, whichever is greater. Notwithstanding the foregoing, all towers shall be a minimum of 300 feet from the nearest existing residential dwelling unit.
(17) The county recognizes that telecommunications facilities (both towers and co-locators) cannot be prohibited, nor can a request for a telecommunications tower be denied on the basis of environmental or health concerns relating to radio emissions if the telecommunications equipment and facility complies with the federal radio frequency emission standards. The county requires that each applicant must provide sealed documentation proving that their telecommunications equipment complies with the federal radio frequency emission standards.
(18) Any planned increase in tower height greater than 180 feet in total for an existing approved telecommunication tower shall require the provider to apply for a special exception permit in accordance with § 153.053.
(19) Signs. Freestanding signs in association with this use are prohibited. Wall signs shall be installed and/or mounted on the perimeter fence, or on the tower at its base. Wall signs shall be limited to:
(a) Identification signage allowed on equipment structures or fences surrounding the telecommunication tower/structure provided it does not exceed 9 square feet in size; and
(b) “No trespassing” signs, “danger - high voltage” signs, and other similar warning signs installed to discourage trespassing by unauthorized persons.
(20) Prior to issuing a permit, the county may consult with a communications expert for technical review to determine that the standards herein are met.
(Ord. 06-11-16, passed 9-21-2016)