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TELECOMMUNICATIONS TOWER
ZONING ORDINANCE 1. Definitions. As used in this
Ordinance, the following terms shall have the meanings indicated: a. Alternative tower structure shall
mean clock towers, sculptures, bell steeples, light poles and
similar alternative-design mounting structures that conceal the
presence of antennas or towers and are architecturally compatible
with the area. b. Pre-existing towers and antennas
shall mean any tower or antenna on which a permit has been
properly issued prior to the effective date of this Ordinance. c. Telecommunications Tower shall
mean any structure that is designed and constructed primarily for
the purpose of supporting one or more antennas, including
self-supporting lattice towers, guy towers or monopole towers.
The term includes radio and television transmission towers,
personal communications service towers (PCS), microwave towers,
common-carrier towers, cellular telephone towers, alternative
tower structures, and the like. This definition does not include
any structure erected solely for a residential, non-commercial
individual use, such as television antennas, satellite dishes or
amateur radio antennas. 2. General Guidelines and Requirements. a. Purpose; Goals. The purpose of
this Ordinance is to establish general guidelines for the siting
of towers and antennas. The goals of this Ordinance are to: (I)
encourage the location of towers in
non-residential/non-historical areas and minimize the total
number of towers throughout the community, (ii) enhance the
ability of the providers of telecommunications services to
provide such services to the community quickly, effectively and
efficiently; (iii) encourage strongly the joint use of new and
existing tower sites, (iv) encourage users of towers and antennas
to locate them, to the extent possible, in areas where the
adverse impact on the community is minimal, and (v) encourage
users of towers and antennas to configure them in a way that
minimizes the adverse visual impact of the towers and antennas. b. Principal or Accessory Use.
Antennas and towers may be considered either principal or
accessory uses on an industrial or commercial zoned lot. A
different existing use or an existing structure on the same lot
shall not preclude the installation of an antenna or tower on
such lot. For purposes of determining whether the installation of
a tower or antenna complies with district development
regulations, including, but not limited to, setback requirements,
lot size and coverage requirements, and other such requirements,
the dimensions of the entire lot shall control, even though the
antennas or towers may be located on leased parcels within such
lots. Towers that are constructed, and antennas that are
installed, in accordance with the provisions of this Ordinance
shall not be deemed to constitute the expansion of a
nonconforming use or structure. c. Inventory of Existing Sites. Each
applicant for approval of an antenna and or a tower shall provide
to the Zoning Administrator an inventory of its existing antennas
and towers that are either within the Hickory Regional Planning
area or within one-half mile of the border thereof, including
specific information about the location, height and design of
each tower or antenna. Applicants are encouraged to submit an
inventory of potential future tower sites within the Hickory
Regional Planning Area. The Zoning Administrator may share such
information with other applicants applying for administrative
approvals or special use permits under this Ordinance or other
organizations seeking to locate towers or antennas within the
jurisdiction of the governing authority; provided, however, that
the Zoning Administrator is not, by sharing such information, in
any way representing or warranting that such sites are available
or suitable. 3. Administrative Approvals. a. Specific Administratively Approved
Uses. 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, or other free-standing, non-residential
structure) 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; (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 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;. (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; (4) Locating any alternative tower
structure in a zoning district other than industrial or
commercial, that in the judgment of the Zoning Administrator, is
in conformity with the goals set forth in Section 2.a. of this
Ordinance and Section 6.2 of the Zoning Ordinance; {Section 6.2 of the Zoning Ordinance
allows certain features such as steeples, water towers,
flagpoles, monuments, belfries and the like to exceed district
height limits subject to a finding that they do not create
hazards to aviation, property or persons.} (5) Locating a tower or antenna, including
the placement of additional buildings or other supporting
equipment used in connection with said tower or antenna, in any
industrial or commercial zoning district; provided, however, that
such tower shall be set back from any existing off-site residence
or previously platted residential lot lines a distance equal to
the height of the tower. Engineering certification shall be
submitted that states the structure's construction will cause the
tower to crumble inward so that in the event of collapse no
damage to structures on adjacent zoning lots will result. The
following standards of Section 4 of this Ordinance shall be used
in deciding applications for approval of new towers in commercial
or industrial districts: subsections a, b, c, d, e, g, i, j, k
and m. (6) Replacing an existing tower which adds no more than 20 feet to the overall height of the existing structure. b. Any additional buildings or equipment shall be screened in accordance with Sections 7.12 and 7.14 of the Zoning Ordinance. {These sections contain buffering and
screening rules.} 4. Telecommunications Towers Special Use
Criteria Communication companies are encouraged to
locate telecommunication antennae on or in structures other than
a tower. Such structures may include church steeples,
transmission line towers, utility/light poles, water towers, etc.
Where such facilities are not available, co-location of
facilities is encouraged. When a new tower is proposed to be sited, a
determination of whether the location will provide a minimal
level of coverage vs. optimal coverage shall be taken into
consideration. The following standards shall be used in the
approval of the siting of new towers: a. Evidence that the applicant has
investigated the possibilities for locating the proposed
facilities on an existing tower, the use of stealth technology or
location in another district where the tower would be permitted
as and administratively approved use where a minimal level of
coverage can be provided. Such evidence shall consist of: (1) Copies of letters sent to owners of all
existing towers within a one-mile radius of the proposed site,
requesting the following information: i) tower height; ii) existing and planned tower users; iii) whether the existing tower could accommodate the proposed antenna without causing instability or radio frequency interference; and iv) if the proposed antenna cannot be
accommodated on the existing tower, an assessment of whether the
existing tower could be structurally strengthened or whether the
antenna's transmitters and related equipment could be protected
from electromagnetic interference, and a general description of
the means and projected cost of shared use of the existing tower. (2) A copy of all responses within 30 days
from the mailing date of the letter required by subsection 4a(i);
and (3) A summary explanation of why the applicant believes the proposed facility cannot be located on an existing tower. (4) A summary explanation of why the
applicant believes that the use of an alternative tower structure
is not possible.
proposed district is necessary in the interest of public safety or is a practical necessity. b. Evidence that the communications tower
is structurally designed to support at least one additional user,
and the special use 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 to the owner from any liability
which may result from such attachment. The site plan shall
indicate 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. c. Buffering and screening of the site
shall be installed in accordance with Section 7.12 and 7.14 of
the Zoning Ordinance. In order to provide spatial separation and
create 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. Ground buildings
located in a residential district may be located outside the
buffered area if they are constructed so the exterior appearance
of the building has the appearance of a residential dwelling,
including pitched roof and frame or brick veneer construction.
The tower's guy anchors may be screened or fenced separately in
order to comply with the requirements of this subsection. d. 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 in order
to comply with the requirements of this subsection. e. No outside storage shall be allowed on
any telecommunication facility site. f. Associated buildings located in any
residential district shall not be used as an employment center
for any worker. This provision does not prohibit the periodic
maintenance or periodic monitoring of equipment and instruments. g. 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 surrounding residential property. h. The minimum lot size requirement shall
be in accordance with Figure 5-2: Schedule of Area,
Height, Bulk and Placement Regulations based upon the zoning
district where the tower is proposed to be located or the setback
requirements of subsection (l), whichever is greater. i. The color of the tower shall be neutral,
except to the extend required by Federal law, so as to minimize
its visual impact. j. In order 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
permitted by the FCC. k. No commercial advertising shall be
allowed on the tower or its related facilities. l. 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 which will operate with more than one user immediately
upon completion may have a 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 20% reduction in the required setbacks. To encourage location
of towers in forested areas with a minimum depth of sixty-five
(65) feet, the tower may have a 20% reduction in the required
setbacks. In no case shall the setback be less than those
required for the underlying zoning district Said setback
reductions shall only be allowed upon a professional engineering
certification which states that the structure's construction will
cause the tower to crumble inward so that in the event of
collapse no damage to structures on adjacent zoning lots will
result. m. Notice shall be provided to the Zoning
Administrator when the tower is placed out of service. Towers
which are not used for a period of six (6) months or more shall
be removed by the owner within 120 days of receipt of
notification to that effect. |