(a) The following uses may be approved by the Zoning Administrator after conducting an administrative review:
(1) Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, utility pole, or other free-standing, non-residential structure) in any zoning district that is more than fifty (50) feet in height, so long as such addition does not add more than twenty (20) feet to the height of the existing structure or increase the height of the structure by more than ten percent (10%), whichever is greater;
(2) Installing an antenna on an existing non-residential structure other than a tower (such as a building, sign, light pole, water tower, utility pole, or other free-standing, non-residential structure) in any commercial or industrial zoning district that is less than fifty (50) feet in height so long as such addition does not add more than twenty (20) feet to the height of the existing structure or increase the height of the structure by more than ten percent (10%), whichever is greater;
(3) Installing an antenna on an existing tower of any height, including a pre-existing tower, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty (20) feet to the height of said existing tower or increase the height of the structure by more than ten percent (10%), whichever is greater;
(4) Locating any alternative tower structure in any zoning district if, in the judgment of the Zoning Administrator, it conforms with the goals outlined in Section 9-3196.1 of this chapter;
(5) Replacing an existing tower that adds no more than 20 feet to the overall height of the existing structure.
(6) Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in the B-2 General Business District and the M-1 General Manufacturing District, provided that such towers and antennas shall be located within seven hundred and fifty (750) feet of the Interstate 40 right-of-way and provided that the following requirements are also met:
a. Evidence must be provided which establishes that the communications tower is structurally designed to support at least one additional user and the application includes a statement that the owner of the tower is willing to permit other user(s) to attach communication facilities, on a commercially reasonable basis, which do not interfere with the primary purpose of the tower. The tower owner may require that such other users agree to negotiate regarding reasonable compensation for any liability which may result from such attachment. The site plan shall show a location for at least one equipment building in addition to that proposed for use by the applicant. Priority for co-location on the proposed tower shall be given to antennas that will serve a public safety need for the community.
b. To provide spatial separation and create a visual block from adjacent properties and streets, a buffer shall be installed around the outside of all improvements on the site, including the tower and guy anchors, any ground buildings or equipment, and security fencing. The tower's guy anchors may be screened or fenced separately to comply with the requirements of this subsection. Buffering shall be required as stated in Section 9-3046.
c. The base of the tower and each guy anchor shall be surrounded by a security fence or wall at least eight (8) feet in height unless the tower and all guy anchors are mounted entirely on a building over eight feet in height. The tower's guy anchors may be screened or fenced separately to comply with the requirements of this subsection.
d. No outside storage shall be allowed on any telecommunication facility site.
e. Associated buildings shall not be used as a place of employment for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.
f. The telecommunications tower shall meet all applicable Federal Aviation Administration (FAA) standards and shall not restrict or interfere with air traffic or air travel from or to any existing or proposed airport. Any lighting shall not project onto the surrounding residential property.
g. The minimum lot size requirement shall be under the zoning district where the tower is proposed to be located or the setback requirements of subsection (a)(6)k., whichever is greater.
h. The color of the tower shall be neutral, except to the extent required by federal law, to minimize its visual impact.
i. To protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation, such as a signed affidavit, indicating that the power density levels do not exceed levels certified by the FCC.
j. No commercial advertising shall be allowed on the facility's site.
k. Setback of the base of the tower from all adjacent property lines shall be one foot for each foot in height. To encourage shared use of towers, applications for towers that will operate with more than one user immediately upon completion may have a ten percent (10%) reduction in the required setbacks, but in no case shall the setback be less than those required for the underlying zoning district. Also, to encourage the construction of monopole structures, monopole towers may have a sixty percent (60 %) reduction in the required setbacks. In no case shall the setback be less than those required for the underlying zoning district. To encourage the location of towers in existing forested areas with a minimum depth of sixty-five (65) feet, the tower may have a twenty percent (20%) reduction in the required setbacks. In no case shall the setback be less than those required for the underlying zoning district. These reduced setbacks shall not be cumulative. Said setback reductions shall only be allowed upon a professional engineering certification which states that the construction of the structure will cause the tower to crumble inward so that in the event of collapse, no damage to structures on adjacent zoning lots will result.
l. Notice shall be provided to the Zoning Administrator when the tower is placed out of service. Towers that are not used for six (6) months or more shall be removed by the owner within one hundred twenty (120) days of receipt of notification to that effect.
m. Monopole construction for all new telecommunication towers shall be required. Stealth technology and application are encouraged to be consistent with the surrounding area.
n. A telecommunications tower shall not exceed the maximum height of one hundred ninety-nine (199) feet above ground level.
(7) Locating a telecommunication tower on town-owned property in any zoning district anywhere in the town limits as a principal or accessory use if the Town Manager approves this use of town property and the Zoning Administrator determines that conforms to goals outlined in Section 9-3196.1 of this chapter and meets all the requirements of subsection (a)(6).
(8) Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure no more than (i) more than 20 feet or (ii) more than the width of the wireless support structure at the level of the appurtenance, whichever is greater.
(9) Increasing the square footage of the existing equipment compound by up to two thousand, five hundred (2,500) square feet.
(10) Review a collocation of a small wireless facility consistent with the provisions of G.S. 160D-935 through 160D-938.
(b) Pursuant to G.S. 160D-934(b), a collocation or eligible facilities request application is deemed complete unless the town provides notice that the application is incomplete in writing to the applicant within forty-five (45) days of submission or within some other mutually agreed upon time frame. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. The town may deem an application incomplete if there is insufficient evidence provided to show that the proposed collocation or eligible facilities request will comply with federal, state, and local safety requirements. The town may not deem an application incomplete for any issue not directly related to the actual content of the application and subject matter of the collocation or eligible facilities request. An application is deemed complete on resubmission if the additional materials cure the deficiencies indicated.
(c) Pursuant to G.S. 160D-934(c), the town shall issue a written decision approving an eligible facilities request application within 45 days of such application being deemed complete. For a collocation application that is not an eligible facilities request, the town shall issue its written decision to approve or deny the application within forty-five (45) days of the application being deemed complete.
(Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)