A. Adult Day Care Center. An adult day care center use shall comply with the following requirements:
1. The use shall be certified by the North Carolina Department of Health and Human Services.
2. The use shall obtain all required licenses and permits from the State.
3. The use shall include a fenced outdoor gathering area of at least 25 square feet per patron receiving care.
4. The use includes a pick-up and drop-off area that allows patrons to enter and exit vehicles without crossing a parking lot or vehicular accessway.
5. The use must be at least 1,320 linear feet from another adult day care use.
B. Antenna Collocation (Major or Minor). Major and minor antenna collocations shall comply with the applicable standards in Section 4.3.4.S, Wireless Telecommunication Facilities.
C. Auditorium. Auditoriums shall comply with the following standards:
1. The parcel or site shall have an area of at least three acres.
2. The building shall be located at least 500 feet from any lot in a single-family residential zoning district.
3. No products shall be sold on-site except those that are clearly incidental and integral to training programs and seminars conducted in the auditorium (e.g., food items, shirts, glasses and mugs, pens and pencils, and similar items bearing the logo of conference or seminar sponsors or participants).
D. Broadcasting Studio. Broadcasting studios shall comply with the following standards:
1. The use shall be operated in a manner that is compatible with the surrounding neighborhood and shall not be detrimental to adjacent lands as a result of traffic, noise, refuse, parking, loitering, or other activities;
2. Any broadcasting towers associated with the use shall be setback from all lot lines a minimum distance equal to the height of the tower;
3. The above-grade floor area associated with the use shall not exceed 5,000 square feet; and
4. The use shall not include a helipad or helicopter landing facilities.
E. Cemetery, Columbarium, or Mausoleum. Except as otherwise required in this UDO, new cemeteries and the expansion of existing cemeteries (as a principal use) shall comply with the following standards:
1. New cemeteries shall be located on a site or parcel with an area of at least two-and-one-half acres. This standard shall not apply to existing cemeteries or the expansion of existing cemeteries.
2. New cemeteries shall be located on a site or parcel that fronts a major arterial or collector street. This standard shall not apply to existing cemeteries or the expansion of existing cemeteries.
3. Cemeteries shall include drive aisles or vehicular accessways of at least 12 feet in width or greater as needed for the parking and maneuvering of funeral processions.
4. Interments shall take place at least 25 feet from any lot line and comply with all requirements of the North Carolina General Statutes.
F. Child Day Care Center. Child day care centers shall comply with the standards in Article 7, Chapter 110, of the North Carolina General Statutes, and the following:
1. Evidence of compliance with all applicable State standards, including licensure, shall be furnished to the Planning Director by the operator of the use prior to the commencement of operation.
2. Child day care centers shall maintain a minimum lot area of at least 6,000 square feet plus an additional 100 square feet for each child enrolled in the facility in excess of ten.
3. Lots containing child day care centers shall include at least 100 square feet of well-drained, completely fenced, outside play area per child enrolled in the facility (excluding infants). Access drives or parking areas shall not be credited towards the play area requirements.
G. Community/Youth/Senior Center. A community center, senior center, or youth center shall comply with the following standards:
1. Not front on or gain access from a residential local street.
2. Outdoor courts, swimming pools, and athletic fields shall be located at least 50 feet from any lot line abutting a single-family residential district.
3. Uses in residential districts shall be on a lot of at least two acres.
H. Coliseum, Arena Convention Center, Conference Center. Coliseums, arenas, convention centers, and conference centers shall comply with the following standards:
1. The parcel or site shall have an area of at least five acres.
2. The building shall be located at least 500 feet from any lot in a single-family residential zoning district.
3. Dining and banquet facilities may be provided for employees, trainees, and conferees, provided the gross floor area devoted to such facilities does not exceed 50 percent of the total floor area of the principal building.
4. On-site recreational facilities may be provided for use by employees, trainees, or conferees.
5. No products shall be sold on-site except those that are clearly incidental and integral to training programs and seminars conducted in the center (e.g., food items, shirts, glasses and mugs, pens and pencils, and similar items bearing the logo of conference or seminar sponsors or participants).
I. Drug/Alcohol Treatment Facility. A drug or alcohol treatment facility shall comply with the following standards:
1. Be at least 500 feet from any other such facility; and
2. Be at least 500 feet from any lot in a single-family residential district, school, child care center, and religious institution that has a child care center or school.
J. Fraternal Club or Lodge. When proposed within a residential district, the OI district or the NC district, clubs and lodges shall comply with the following:
1. The club or lodge shall be on a lot of at least one acre in area.
2. No structure, off-street parking, or activity area shall be closer than 40 feet to any lot line.
3. A Type A buffer configured in accordance with Section 5.6.10, Perimeter Buffers, shall be provided along all side and rear lot lines.
4. Exterior lighting shall be so shielded as to cast no direct light upon adjacent lands.
5. Public address systems are prohibited except when contained entirely within a building.
K. Helicopter Landing Pad. A helicopter landing pad shall comply with the following standards:
1. The helicopter landing pad shall provide adequate land area for safe take-offs and landings in accordance with standards of the Federal Aviation Administration (FAA).
2. When located within 500 feet of a single-family residential zoning district, or existing single-family residential use, a helicopter landing pad shall provide a Type A buffer along side and rear lot lines to ensure the facility does not adversely impact surrounding uses.
L. Hospital. A hospital shall comply with the following standards:
1. Be located on a site or parcel with an area of at least five acres;
2. Be located a parcel that fronts or has direct access to a major arterial or collector street;
3. Locate the emergency vehicle entrance on a major arterial or collector street;
4. Not locate an emergency vehicle entrance in an area across the street from a residential zoning district;
5. Be served by a public water and wastewater system; and
6. Ensure that principal structures are located at least 100 feet from any lot line.
M. Religious Institution. Religious institutions shall comply with the following standards:
1. A religious institution with seating for 500 or more persons shall:
a. Be on a lot of at least three acres in area.
b. Meet the minimum off-street parking standards for a religious institution as well as for any accessory uses (e.g., a school, day care, etc.) in Table 5.8.4.H: Minimum Off-Street Parking Requirements Table.
2. Regardless of the zoning district where located, religious institutions of any size shall provide a Type A buffer along lot lines shared with single-family residential dwellings.
N. School, High/Middle. A high or middle school shall not front or gain primary access from a local street.
O. School, Vocational. Facilities within a vocational school which generate significant noise or fumes, such as auto body or engine repair, industrial/auto body painting, or manufacturing processes, and that are adjacent to a residential district shall be at least 100 feet from any lot line abutting the residential district.
P. Small Wireless Facility.
1. Small wireless facilities located outside a public right-of-way shall comply with the applicable standards in Section 4.3.4.S, Wireless Telecommunication Facilities.
2. Small wireless facilities located within a public right-of-way shall comply with the Town's Right-of-Way Management Ordinance.
Q. Telecommunications Tower, Major, Minor, or Concealed. Major, minor, and concealed telecommunications towers shall comply with the applicable standards in Section 4.3.4.S, Wireless Telecommunication Facilities.
R. Temporary Wireless Facility. Temporary Wireless Facilities shall comply with the applicable standards in Section 4.3.4.S, Wireless Telecommunication Facilities.
S. Wireless Telecommunication Facilities.
1. Purpose and Intent. This section establishes general standards for the siting of wireless telecommunications facilities that will provide for the public health, safety, and welfare. The standards are intended to ensure that residents, businesses, and public safety operations in the Town have reliable access to wireless telecommunications services. More specifically, the provisions of this section are intended to:
a. Ensure adequate protection of residential areas and uses from potential adverse impacts of wireless telecommunications facilities, and to generally encourage the location of these facilities in areas where adverse impact on the community is minimal;
b. Encourage the placement of wireless telecommunications facilities in non-residential areas;
c. Minimize the number of new telecommunications towers in the Town;
d. Create conditions where wireless telecommunications service providers are able to provide wireless telecommunications services effectively and efficiently in accordance with state and federal law;
e. Strongly encourage the joint use or collocation of new and existing wireless telecommunications facilities so as to minimize the number of new telecommunications towers throughout the Town;
f. Establish collocation and concealed towers as the preferred options for the accommodation of wireless telecommunications equipment; and
g. Ensure that wireless telecommunications facilities located within the public right of way do not obstruct sight distance triangles or create safety hazards for pedestrians or bicyclists.
2. Applicability of these Standards. The standards in this section shall apply to all wireless telecommunications facilities except for the following, which are
exempted from these standards but remain subject to all other applicable standards in this Ordinance:
a. Removal of antennas, antenna support structures, or wireless telecommunications equipment on an existing telecommunications tower, utility pole, vertical projection, or equipment compound that does not result in a substantial modification;
b. The operation of a small wireless facility solely within the interior of a structure, stadium, or athletic facility;
c. Routine maintenance on an existing wireless telecommunication facility;
d. Installation, modification, or operation of a micro-wireless facility, receive-only television antenna, or receive-only radio antenna for noncommercial use; and
e. Installation, modification, or operation of FCC-licensed amateur ("ham") radio equipment.
3. General Standards Applicable to All Types of Wireless Telecommunications Facilities. The following requirements shall apply to all new wireless telecommunications facilities and any modifications to an existing wireless telecommunications facility that exceeds the scope of routine maintenance, as defined in this section.
a. Building Permit Required. Prior to installation or modification exceeding the scope of routine maintenance, all wireless telecommunications facilities shall receive a building permit in accordance with the requirements in this Ordinance.
b. Compliance with Federal and State Regulations.
i. All wireless telecommunication facilities shall comply with or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government that regulates telecommunications facilities.
ii. In addition to federal requirements, all wireless telecommunication facilities shall comply with or exceed current standards and regulations of the State of North Carolina pertaining to wireless telecommunications facilities in Sections 160D-930 through 160D-938 in the North Carolina General Statutes.
c. Interference. No wireless telecommunication facility shall disturb, diminish, or interfere with public safety, radio, television, or other wireless communications signals, in accordance with FCC requirements.
d. Structurally Sound. All elements of a wireless telecommunication facility shall demonstrate, to the satisfaction of the Town, that the equipment and the structure supporting the equipment is structurally sound and can accommodate the proposed equipment and appurtenances.
e. Sight Distance at Intersections. All elements of a wireless telecommunication facility shall be located outside of, and shall in no way obstruct, required sight distances at street intersections. This requirement shall apply to existing streets as well as to future street intersections that have been designed or where right-of-way is currently being protected by the Town.
f. Accessory Equipment.
i. Accessory equipment, including any buildings, cabinets, or shelters, shall be used only for the purposes of housing wireless telecommunications equipment and other supplies in direct support of the operation of the wireless telecommunications facility.
ii. Any equipment or materials not used in direct support of such operation shall not be stored on the site.
iii. When a generator is operated at a wireless telecommunication facility, it shall comply with the applicable standards in Chapter 97: Noise, of this Code of Ordinances.
g. Site Grading. Grading and vegetation removal for a wireless telecommunications facility shall be limited to the area necessary for the facility and any required accessory structures, including: stormwater management devices, access drives, or off-street parking.
h. Underground Equipment. Nothing shall limit the Town from requiring ground-based or pole-mounted telecommunications equipment to be located underground or otherwise concealed in a manner that obstructs its view from the public realm in the following locations:
i. Historic districts (local or otherwise);
ii. Portions of Town subject to design standards or controls; or
iii. Portions of the Town's planning jurisdiction subject to adopted policy guidance that indicates the area as a pedestrian-oriented area or an area where the appearance of development is identified as one of the key policy considerations in preserving the Town's established character.
i. Lighting.
i. Lighting of a wireless telecommunications facility shall be limited to that required for compliance with FAA minimum standards.
ii. Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA.
iii. Nighttime strobing or flashing lights are prohibited, unless required by the FAA.
iv. Lights serving equipment compounds or other service areas shall be configured so that the source of illumination is not visible from off-site areas.
v. All exterior lighting shall comply with the lighting regulations of this Ordinance, or the Design Manual, whichever is more strict.
j. Signage.
i. Signage shall be limited to safety or informational signage identifying the party responsible for the operation and maintenance of the facility and any additional security or safety signs, as necessary in the opinion of the Town.
ii. If the electrical service is in excess of 220 volts, the wireless telecommunications facility shall include signs located at least every twenty feet around the perimeter that display the words "HIGH VOLTAGE - DANGER" in bold, high contrast letters with minimum height of four inches for each letter.
iii. No signage shall be posted higher than 15 feet above grade.
iv. Signage required by this section shall be considered to be safety or governmental signage that is not subject to 1st Amendment protection regarding the regulation of sign content.
k. Unauthorized Access Prohibited. Telecommunications towers and vertical projections with wireless telecommunications equipment with a height of 30 feet above grade or more shall be designed or configured to prevent unauthorized persons from climbing on the wireless telecommunication facility whether through the use of walls or fencing with a minimum height of six feet above grade, or other anti-climbing devices.
4. Standards for Specific Types of Wireless Telecommunication Facilities. The following standards shall apply to the identified type of wireless telecommunications facility, and shall apply in addition to the standards in Section 4.3.4.S.3, General Standards Applicable to All Types of Wireless Telecommunications Facilities.
a. TELECOMMUNICATIONS TOWER, MAJOR | ||
New or replacement major telecommunications towers shall comply with the standards in Table 4.2.3, Principal Use Table, Section 4.3.4.S.3, General Standards Applicable to All Types of Wireless Telecommunications Facilities, and the following standards: | ||
i. | Towers Distinguished | a. A new or replacement telecommunications tower with a height of 30 feet or more above grade is a major telecommunications tower subject to these standards. |
b. A new or replacement telecommunications tower with a height less than 30 feet above grade shall be considered a minor telecommunications tower and shall be subject to the standards for a concealed or minor telecommunications tower. | ||
ii. | Type of Structure | a. Telecommunications towers shall be configured as a monopole or be concealed in accordance with Section 4.3.4.S.4.b, Telecommunications Tower, Concealed. |
b. Construction of new guyed or self-supporting telecommunications tower configurations are prohibited. | ||
iii. | Setbacks | a. Towers and their associated antennas shall be set back at least one foot from the front, side, and rear lot lines for each foot of overall wireless telecommunications facility height. |
b. In cases where an existing telecommunication tower's height is increased or where an existing telecommunications tower is replaced in order to accommodate a major or minor collocation, the existing or replacement tower shall comply with the setback requirements in subsection (a) above, to the maximum extent practicable. | ||
c. Accessory structures, including equipment cabinets, and other ground-based equipment shall conform with the applicable dimensional requirements for the zoning district where located. | ||
iv. | Maximum Height | a. The maximum height (including antenna and other appurtenances) for any new, replaced, or collocated wireless telecommunication tower is 200 feet, as measured from the adjacent pre-construction grade to the top of the highest appurtenance on the tower. b. In no instance shall the collocation of an eligible facility or a collocation that constitutes a substantial modification result in a telecommunication tower with a height that exceeds 200 feet above the adjacent pre-construction grade. c. In cases where a telecommunications tower is mounted to or on top of a building, the overall height of the building and the attached tower shall not exceed 200 feet from the adjacent preconstruction grade. The adjacent pre-construction grade shall be the grade at the base of the building closest to the tower. |
v. | Collocation Required | a. Telecommunications towers shall be designed to accommodate the present and future needs of the owner and as well as the collocation of additional equipment, in accordance with the following standards: i. Towers of 30 to 80 feet in height shall be configured to accommodate the collocation of at least two wireless telecommunications service provider's equipment. ii. Towers of 81 to 130 feet in height shall be configured to accommodate the collocation of at least three wireless telecommunications service provider's equipment. iii. Towers of 131 feet in height or higher shall be configured to accommodate the collocation of at least four wireless telecommunications service provider's equipment. iv. In no instance shall an existing telecommunications tower be permitted to remain in place for a period of more than 14 days following installation of a replacement telecommunications tower constructed to accommodate a collocation. |
vi. | Color | Telecommunication towers shall either maintain a galvanized steel finish or be painted a neutral, matte color designed to blend with its surroundings, unless otherwise required by the FAA. |
vii. | Screening | a. All ground-based elements, such as an equipment compound or equipment cabinets, shall be completely screened from off-site views through the use of a fully opaque wooden privacy fence, masonry wall, or two staggered rows of evergreen shrubs located around the perimeter of the ground-based elements. b. Chain-link fencing is a ground-based element subject to these screening requirements. c. Screening is not required in cases where ground-based equipment is not visible from off-site areas. d. Landscaping material shall reach and maintain a minimum height of six feet above grade within four years of planting. e. Landscaping material is not required in front of access gates, provided the gates are fully opaque or are not visible from off- site areas. |
viii. | Off-Street Parking | a. A telecommunications tower shall provide at least one off-street parking space, paved with an all-weather surface, and configured to provide appropriate stormwater drainage. b. Nothing shall prohibit the use of off-street parking associated with another principal use on site or an on-street parking space from meeting this requirement. |
ix. | Example Images | The following images depict potential monopole telecommunications tower configurations, and are provided for informational purposes only. |
 |  |  |
Typical monopole with collocated antennae
| Monopole with "birdcage" antenna mounts
| "Mast" monopole configuration with integral antennae
|
b. TELECOMMUNICATIONS TOWER, CONCEALED | ||
Concealed telecommunications towers shall comply with the standards in Table 4.2.3, Principal Use Table, Section 4.3.4.S.3, General Standards Applicable to All Types of Wireless Telecommunications Facilities, and the following standards: | ||
i. | Towers Distinguished | a. A concealed telecommunications tower is a telecommunications tower and associated equipment that is designed to appear as something other than a traditional wireless telecommunications facility. b. A minor wireless telecommunications tower is a use that is designed to appear as a traditional wireless telecommunications facility except that the maximum height of the tower portion of the facility is less than 30 feet above grade. |
ii. | Appearance of a Concealed Telecommunications Tower | a. A concealed telecommunications tower shall be configured to conceal the presence of the tower, antennas, antenna-support structures, and related wireless telecommunications equipment in order to obscure its purpose as a wireless telecommunications facility, to the maximum extent practicable. b. Allowable configurations include, but are not limited to: bell towers, clock towers, water towers, silos, chimneys, steeples, light standards, flag poles, or evergreen trees. c. Antennas, antenna support structures, cabling, and related appurtenances shall be enclosed, camouflaged, screened, or otherwise obscured so that they are not readily identifiable as wireless telecommunications equipment to the casual observer. d. Equipment cabinets and related structures shall be designed, located, and camouflaged in a manner that is compatible with the tower portion of the facility. e. Placement of ground-based wireless telecommunications equipment associated with a concealed telecommunications tower is strongly encouraged to be located indoors or underground. |
iii. | Setbacks | a. Concealed and minor telecommunications towers and associated accessory structures, including equipment cabinets, shall comply with the applicable dimensional requirements for nonresidential uses in the zoning district where located. b. In no instance shall a concealed or minor telecommunications tower be exempted from the minimum applicable setback requirements for nonresidential uses. c. In cases where an existing concealed telecommunication tower's height is increased or where an existing concealed telecommunications tower is replaced in order to accommodate a major or minor collocation, the existing or replacement concealed telecommunications tower shall comply with the setback requirements in subsection (a) above, to the maximum extent practicable. |
iv. | Maximum Height | a. The maximum height for any concealed wireless telecommunication tower is 200 feet, as measured from the adjacent pre-construction grade to the top of the highest appurtenance on the tower. b. In no instance shall a collocation of an eligible facility or work associated with a substantial modification result in a concealed telecommunication tower with a height that exceeds 200 feet above the adjacent pre- construction grade. c. The maximum height for a minor telecommunications tower is less than 30 feet from the adjacent pre- construction grade to the top of the highest appurtenance on the tower. |
v. | Collocation | a. Concealed and minor telecommunications towers are encouraged (but not required) to accommodate the collocation of other antennas, whenever technically and economically feasible. b. Any collocated equipment on a concealed telecommunications tower must maintain the appearance of the facility as a concealed telecommunications tower. c. Collocations of equipment on a minor telecommunications tower (whether a major or minor collocation) shall not increase the overall height of the tower by more than 10 feet beyond the initially approved height of the minor telecommunications tower. Actions that result in an increase in tower height by more than 10 feet shall require the minor telecommunications tower to undergo review as a major telecommunications tower. d. In no instance shall a concealed telecommunications tower be replaced with a telecommunications tower that is not concealed in order to accommodate a collocation. |
vi. | In Historic District | A concealed telecommunications tower located within a historic district shall obtain a certificate of appropriateness and shall be configured to minimize visibility of the facility, to the maximum extent practicable. |
vii. | Screening | a. All ground-based elements, such as an equipment compound or equipment cabinets, shall be completely screened from off-site views through the use of a fully opaque wooden privacy fence, masonry wall, or two staggered rows of evergreen shrubs located around the perimeter of the ground-based elements. b. Chain-link fencing is a ground-based element subject to these screening requirements. c. Screening is not required in cases where ground-based equipment is not visible from off-site areas. d. Landscaping material shall reach and maintain a minimum height of six feet above grade within four years of planting. e. Landscaping material is not required in front of access gates, provided the gates are fully opaque or are not visible from off-site areas. f. These screening requirements may be waived, on a case-by-case basis, when the Planning Director determines that compliance with these screening standards will diminish the concealment objective of the concealed telecommunications tower. |
viii. | Off-Street Parking | a. A concealed telecommunications tower shall provide at least one off-street parking space, paved with an all- weather surface, and configured to provide for appropriate stormwater drainage. b. Nothing shall prohibit the use of off-street parking associated with another principal use on site or an on- street parking space from meeting this requirement. c. The Planning Director may waive this requirement when, in the opinion of the Planning Director, the inclusion of an off-street parking space will interfere with concealment objectives of the wireless telecommunications facility. |
ix. | Example Images | The following images depict potential concealed telecommunications tower configurations, and are provided for informational purposes only. |
 |  |  |  |
Tree configuration | Steeple configuration | Clock tower configuration | Flag pole configuration |
c. ANTENNA COLLOCATION, MAJOR OR MINOR | ||
Collocations, whether on a building wall or roof, a telecommunications tower, or on another vertical projection such as a water tank or electrical transmission tower, shall comply with the standards in Table 4.2.3, Principal Use Table, Section 4.3.4.S.3, General Standards Applicable to All Types of Wireless Telecommunications Facilities, and the following standards. All collocations shall be classified as either a major collocation or a minor collocation in accordance with Section 9.4 Definitions, and the following: | ||
i. | Collections Distinguished | a. A major collocation includes placement of antennas, antenna- support structures, and related wireless telecommunications equipment on any of the following: i. A building's roof; ii. A building's wall; iii. A vertical projection such as a water tank, electric transmission tower, or similar vertical projection not constructed for the sole purpose of providing wireless telecommunications services; or iv. An existing or replacement telecommunications tower where the collocation requires a substantial modification, as defined in these standards and Section 160D-931 of the North Carolina General Statutes. b. A minor collocation includes placement of antennas, antenna- support structures, and related wireless telecommunications equipment on an existing or replacement telecommunications tower, provided no substantial modification, as defined in these standards and Section 160D-931 in the North Carolina General Statutes, is required. A minor collocation may also be referred to as an "eligible facility," as defined in these standards and Section 160D-931 of the North Carolina General Statutes. c. In addition to the placement of antennas and antenna-support structures, collocations may also include the placement of wireless telecommunications equipment on a telecommunications tower, on a vertical projection, on the ground in close proximity to a telecommunications tower or vertical project, within an equipment compound, within an equipment cabinet, within a building, or on a building's roof. d. Nothing shall prohibit the replacement of an existing telecommunications tower or activities that increase the overall height of an existing telecommunications tower in order to accommodate a proposed collocation. |
ii. | Substantial Modification | a. Collocations on an existing or replacement telecommunications tower that require or result in any of the following shall be considered a substantial modification: i. Increasing the existing overall height of the telecommunications tower by the greater of: 1. 20 feet; or 2. More than ten percent; or ii. Adding an appurtenance (excluding cabling supports) to the body of an existing telecommunications tower that protrudes horizontally from the edge of the tower by the greater of: 1. More than the width of the telecommunications tower at the height of the appurtenance; or 2. More than 20 feet from the edge of the tower; or b. Increasing the square footage of an existing equipment compound by more than 2,500 square feet. c. Substantial modifications that require an increase in the overall height of an existing telecommunications tower or require a replacement tower that exceeds the height of the existing telecommunications tower by more than 40 feet shall require review as a new telecommunication tower subject to the standards in Section 4.3.4.S.4.a, Telecommunications Tower, Major. d. In no instance shall an existing telecommunications tower be permitted to remain in place for a period of more than 14 days following installation of a replacement telecommunications tower constructed to accommodate a collocation. |
iii. | Collocation Prohibited | In no instance shall a collocation take place on or in a single-family detached, duplex, or townhouse structure. |
iv. | In Historic District | A collocation on building, telecommunications tower, or other vertical projection located within a historic district shall obtain a certificate of appropriateness and shall be configured to minimize visibility of the facility, to the maximum extent practicable. |
v. | Maximum Height | Antennas, antenna-support structures, or other wireless telecommunications equipment, associated with a major collocation on a building wall or roof shall not project more than ten feet above the highest point of the building's roof or parapet wall. |
vi. | Method of Attachment | a. Antennas, antenna-support structures, or other wireless telecommunications equipment, associated with a collocation shall be mechanically fastened to the building, roof, vertical projection, or telecommunications tower in a manner that minimizes the potential for structural failure or endangerment of the public from falling wireless telecommunications equipment. b. The Planning Director may, at the Planning Director's sole discretion, require an applicant for a collocation to furnish evidence from a professional engineer licensed in the State of North Carolina that the proposed collocation meets the applicable State and local building and fire code requirements. |
vii. | Appearance when Concealed | When a collocation is proposed on a concealed telecommunications tower, the collocation shall be configured in the manner necessary to ensure the tower's concealment is not compromised or negatively impacted. |
viii. | Setbacks | a. In cases where an existing telecommunication tower's height is increased or where an existing telecommunications tower is replaced in order to accommodate a collocation, the existing or replacement tower shall be set back at least one foot from the front, side, and rear lot lines for each foot of overall wireless telecommunications facility height. b. Accessory structures, including equipment cabinets, guy wire anchors, and other ground-based equipment shall conform with the applicable dimensional requirements for the zoning district where located. |
ix. | Screening | a. All ground-based elements, such as an equipment compound or equipment cabinets, shall be completely screened from off-site views through the use of a fully opaque wooden privacy fence, masonry wall, or two staggered rows of evergreen shrubs located around the perimeter of the ground-based elements. b. Chain-link fencing is a ground-based element subject to these screening requirements. c. Screening is not required in cases where ground-based equipment is not visible from off-site areas. d. Landscaping material shall reach and maintain a minimum height of six feet above grade within four years of planting. e. Landscaping material is not required in front of access gates, provided the gates are fully opaque or are not visible from off-site areas. f. Roof- or building wall-mounted wireless telecommunications equipment (excluding antennas and antenna-support structures) shall be screened from view or shall be camouflaged in order to minimize its appearance from on-site and off-site areas. |
x. | Example Images | The following images depict potential collocation configurations, and are provided for informational purposes only. |
 |  |
Typical collocation on a building | Concealed collocation on a building (red circle added for clarity) |
d. SMALL WIRELESS FACILITY | ||
Small wireless facilities may be located within a public right-of-way, other right-of-way, or on an individual lot only in accordance with the standards in Table 4.2.3, Principal Use Table, Section 4.3.4.S.3, General Standards Applicable to All Types of Wireless Telecommunications Facilities, and the following standards: | ||
i. | Consolidated Application | An applicant may file a single consolidated application for up to 25 separate small wireless facilities at one time, but the Town may choose to issue separate decisions on one or more of the facilities included within a consolidated application. |
ii. | Time Frame for Review | Applications for establishment of a small wireless facility shall be processed and decided within 45 days from the date the application is determined to be complete. Nothing shall prohibit the Town and the applicant from mutually agreeing to a longer review period. |
iii. | Timing for Operation | Construction of a small wireless facility shall commence within six months of its approval and the small wireless facility shall be activated for use within one year from the permit issuance date, unless delayed by a lack of commercial power at the site. |
iv. | In Historic District | A small wireless facility located within a historic district shall obtain a certificate of appropriateness and shall be configured to minimize visibility of the facility, to the maximum extent practicable. |
v. | Maximum Equipment Size | a. In no instance shall a small wireless facility exceed the following maximum size limitations: i. Each antenna, and any exposed elements, shall be capable of fitting within an enclosure of six cubic feet, or less. ii. All other wireless equipment associated with the small wireless facility shall maintain a maximum cumulative volume of 28 cubic feet, or less. The following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or the support structure. b. A small wireless facility that exceeds these maximum size limitations shall be reviewed in accordance with the standards for a collocation. |
vi. | Maximum Height | a. No new structure intended to support a small wireless facility shall be taller than 50 feet above the adjacent pre-construction grade. b. An existing structure (such as a utility pole, light standard, sign, etc.) may be replaced in order to accommodate a small wireless facility, but the replacement structure shall not exceed the height of the original structure being replaced. c. In no instance shall the antennas or equipment associated with a small wireless facility project more than ten feet above the height of the structure the small wireless facility is mounted on. d. In cases where a new structure installed to serve a small wireless facility exceeds 50 feet in height, the structure shall be reviewed and decided in accordance with the standards for a telecommunications tower. e. In cases where a replacement structure intended to serve a small wireless exceeds the height of the original structure, the replacement structure shall be reviewed and decided in accordance with the standards for a collocation. |
vii. | Placement | a. A small wireless facility, including the support structure and all other equipment, shall not obstruct the safe passage of vehicles, pedestrians, or bicycles. b. Where an applicant proposes to install a new wireless support structure in the right-of-way, the Town may impose separation requirements between it and any existing wireless support structure or other facilities in or within ten feet of the right-of-way, to ensure safe operation and maintenance of all features within the public right-of-way. |
viii. | Method of Attachment | a. Antennas, antenna-support structures, or other wireless telecommunications equipment, associated with a small wireless facility shall be mechanically fastened to the supporting structure in a manner that minimizes the potential for structural failure or endangerment of the public from falling wireless telecommunications equipment. b. The Planning Director may, at the Planning Director's sole discretion, require an applicant for a small wireless facility to furnish evidence from a professional engineer licensed in the State of North Carolina that the proposed wireless telecommunications facility meets the applicable State and local building and fire code requirements. |
ix. | Appearance | a. The portion of a small wireless facility attached to the support structure shall match the color of the support structure, to the maximum extent practicable. b. In no instance shall a small wireless facility be placed on a decorative sign, light standard, or other feature that was required to be decorative as a condition of approval. c. In cases where an applicant proposes inclusion of a small wireless facility on a decorative support structure, sign, or other existing structure not constructed solely for the purposes of providing wireless telecommunications services, the Town shall require the small wireless facility, including cables and wiring, to be configured or concealed to ensure compatibility with the structure. |
x. | Screening | a. All ground-based equipment shall be completely screened from off- site views through the use of a fully opaque wooden privacy fence, masonry wall, or two staggered rows of evergreen shrubs located around the perimeter of the ground-based equipment. b. Chain-link fencing is a ground-based element subject to these screening requirements. c. Screening is not required in cases where ground-based equipment is not visible from off-site areas. d. The Planning Director may waive or modify the screening requirements for small wireless facilities located within the public right-of-way when, in the opinion of the Planning Director, landscaping material would obstruct sight lines, pose challenges to maintenance, or call undue attention to the small wireless facility from passersby. |
xi. | Electrical Service | In cases where a small wireless facility is proposed in areas where electrical service is underground, all electrical service to the small wireless facility shall also be underground. |
xii. | Right-of- Way Restored | The applicant shall restore the right-of-way to pre-construction conditions following installation or maintenance of a small wireless facility. |
xiii. | Example Images | The following images depict potential small wireless configurations, and are provided for informational purposes only. |
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Typical placement on an electrical utility pole | Typical placement on a street light | Typical placement on a street sign |
e. TEMPORARY WIRELESS FACILITY | ||
Temporary wireless facilities may be established only in accordance with the standards in Table 4.2.3, Principal Use Table, Section 4.3.4.S.3, General Standards Applicable to All Types of Wireless Telecommunications Facilities, and the following standards: | ||
i. | Maximum Duration | A temporary wireless facility may be allowed on a lot for the following maximum periods of time per calendar year: a. 30 days after a disaster or emergency, with the ability to renew for good cause shown; b. 14 days to evaluate the technical feasibility of a site for a permanent wireless telecommunications facility; c. 14 days to facilitate repair, replacement, or reconstruction of an existing telecommunications facility; or d. For the duration of a special event where additional wireless telecommunications services are necessary. |
ii. | Configuration | A temporary wireless facility shall be self-contained (with the exception of a power source) and portable. |
iii. | Method of Attachment | a. Antennas, antenna-support structures, or other wireless telecommunications equipment associated with a temporary wireless facility shall be mechanically fastened to the supporting structure in a manner that minimizes the potential for structural failure or endangerment of the public from falling wireless telecommunications equipment. b. The Planning Director may, at the Planning Director's sole discretion, require an applicant for a temporary wireless facility to furnish evidence from a professional engineer licensed in the State of North Carolina that the facility meets the applicable State and local building and fire code requirements. |
iv. | Placement | A temporary wireless facility shall be located outside of required setbacks, off-street parking areas, landscaping areas, areas necessary for on-site circulation, and conservation areas like riparian buffers or wetlands. |
v. | Example Images | The following images depict temporary wireless facilities, and are provided for informational purposes only. |
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Temporary facility on a trailer
| Temporary facility in a vehicle
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5. Nonconforming Wireless Telecommunications Facilities.
a. Lawfully established wireless telecommunications facilities in operation prior to January 1, 2020 that do not comply with these standards may remain and operate as nonconforming uses.
b. In the event of conflict between these standards and the standards for nonconforming situations in Article 7 of this Ordinance, the standards in this section shall control with respect to wireless telecommunications facilities.
c. Ordinary and routine maintenance may be performed on a nonconforming wireless telecommunications facility.
d. Minor collocation of antennas, antenna-support structures, and related wireless telecommunications equipment is allowed in accordance with the requirements in Section 4.3.4.S.4., Collocation, provided that the overall height of the existing nonconforming wireless telecommunications facility remains unchanged or is reduced.
e. In no instance shall a collocation resulting in an increased overall height or a requiring substantial modification, as defined in this section and Section 160D-931 of the North Carolina General Statutes, be permitted on a nonconforming wireless telecommunications facility.
f. In the event a nonconforming telecommunications tower is removed, if shall not be replaced with another nonconforming wireless telecommunications tower.
6. Cessation, Abandonment, and Removal of Wireless Telecommunications Facilities.
a. Cessation.
i. A wireless telecommunication facility shall be considered to have ceased operation if:
1. The Town receives written notice from a wireless services provider that it intends to cease operations at a particular wireless telecommunication facility; or
2. A wireless telecommunications facility ceases to transmit a wireless telecommunications signal for a period of 30 consecutive days or longer; or
3. A wireless telecommunications facility ceases to be served by electricity for a period of 30 consecutive days or longer and no generator is in operation.
ii. Nothing shall limit the Town from compelling an owner or operator of a wireless telecommunications facility to demonstrate that a wireless telecommunications facility is in operation. For the purposes of this section, "in operation" shall mean sending and/or receiving wireless telecommunications signals on a regular and on-going basis.
iii. Upon receipt of a written notice from a wireless services provider or upon determination that a wireless telecommunication facility has ceased operation, the Town shall forward written documentation of the cessation to the wireless services provider, or the owner of the land, if different.
b. Abandonment.
i. The wireless telecommunications facility shall be deemed abandoned if wireless telecommunications signals do not resume for a period of 180 consecutive days or longer from the date the written documentation of cessation is filed.
ii. Upon making a determination that a wireless telecommunications facility has been abandoned, the Town shall forward written documentation of the abandonment to the wireless services provider, or the owner of the land, if different.
c. Removal.
i. The Town may require the wireless services provider or the owner of the land, if different, to remove an abandoned wireless telecommunications facility within 30 days of the date it is deemed abandoned.
ii. Should the wireless services provider, or the owner of the land, if different, fail to remove the abandoned wireless facility within 30 days of the date that notice of abandonment is filed, the Town may cause the wireless telecommunications facility to be removed and may recover the actual cost of such removal, including legal fees, if any, from the wireless services provider, or the owner of the land, if different.
T. Utilities.
1. All uses in the utility use category shall comply with the following standards:
a. Where possible, utilities should be located on lots interior to a development rather than on lots abutting streets.
b. Except when a utility crosses a street, it shall be setback at least 25 from all lot lines unless the zoning district requirements specify a deeper setback.
c. Major utilities may only be located on lots that meet the dimensional requirements for the zoning district where located. Minor utilities may be on lots, leaseholds, or easements that do not meet the minimum dimensional standards for lots in the district where located.
d. The design of buildings, structures, and facilities located in residential neighborhoods shall conform as closely as possible to the character of development in the area to ensure compatibility. Utility placement and screening may also be used as a means of ensuring compatibility.
e. Portions of properties not used for facilities, off-street parking, or related services shall be maintained with natural ground cover.
f. Service and storage yards shall not be permitted within utility facilities located in residential or OI districts.
2. Ground-based electrical substations and transformers shall also comply with the following additional standards:
a. Ground-based electrical substations and transformers may only be located on a lot of one acre in area when located in a residential or OI district.
b. Ground-based electrical substations and transformers shall include non-climbable fences or comparable safety devises to limit accessibility by the general public.
c. Ground-based electrical substations and transformers shall include a durable masonry wall, fence, hedge, or other natural planting of comparable opacity shall be provided along the exterior lot lines abutting a lot in a residential or OI district.
d. Walls, fences, or hedges required in this section shall be between five and seven feet in height measured from the ground along the lot line.
e. Plantings shall maintain an initial height of at least three feet at time of planting and shall achieve an average height of six feet within two years of the time of planting.
3. Communications or relay towers associated with a utility use type shall comply with the following additional standards:
a. Communications or relay towers associated with a utility use type may only be located on a lot of one acre in area when located in a residential or OI district.
b. The minimum distance from the base of any tower to the nearest property line shall be equal to the height of the tower.
(Ord. 2020-36, passed 12-2-2019)