(A)

In residential districts R-12, R-8, and R-5 and commercial districts NO, NC, MO, MC, and TC, freestanding pole with height not exceeding 100 feet is a permitted special exception pursuant to section 155.359.

(B)

In the CC district, freestanding or guyed towers with height not exceeding 180 feet is a permitted special exception pursuant to section 155.359.

(C)

In industrial districts LI, LI-2 and BI, and development district D-1, freestanding or guyed towers with height not exceeding 200 feet is a permitted conditional use; height exceeding 200 feet requires special exception.

(D)

In planned development districts, towers with height specified in approved plan is permitted under conditions set forth in plan.

(E)

In permissible districts, towers and/or antennae mounted on buildings, water tanks or structures other than a freestanding or guyed communications tower must not extend more than 30 feet above the highest part of the structure.

(F)

In all districts, variances from conditions imposed by this section may not be granted by the zoning board of appeals. Variances from other general district regulations may be granted under standards in S.C. Code section 6-29-800.

(Ord. No. 5.202, 11-24-1981: Ord. No. 2012.007, 12-17-2012; Ord. No. 2015.002, 4-27-2015)

Cross reference— Penalty, see § 155.999.

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 a fee of $200.00 and the following documents, if applicable:

(A)

One copy of typical specifications for proposed structures and antennae, including description of design characteristics and material;

(B)

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;

(C)

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 town;

(D)

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 TIA/EIA-222-G standards or the latest version thereof;

(E)

Identification of the owners of all antennae and equipment to be located on the site;

(F)

Written authorization from the site owner for the application;

(G)

Evidence that a valid FCC license for the proposed activity has been issued;

(H)

A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts;

(I)

A written agreement to remove the tower and/or antenna within 90 days after cessation of use;

(J)

Evidence that applicable conditions in section 155.357 are met; and

(K)

Additional information required by the zoning administrator for determination that all applicable zoning regulations are met.

(Ord. No. 5.202, 11-24-1981; Ord. No. 2012.007, 12-17-2012)

Cross reference— Penalty, see § 155.999.

An applicant must show that all applicable conditions are met.

(A)

The proposed communications tower, antenna or accessory structure will be placed in a reasonably available location which 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.

(B)

The 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 under the control of the applicant.

(C)

The 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.

(D)

Prior to consideration of a permit for location on private property which must be acquired, an applicant must show that available publicly owned sites, and available privately owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations and the applicant's technical design requirements.

(E)

The applicant must show that a new tower is designed to accommodate additional antennae equal in number to applicant's present and future requirements.

(F)

The applicant must show that all applicable health, nuisance, noise, fire, building and safety code requirements are met.

(G)

A communications tower must not be painted or illuminated unless otherwise provided by state or federal regulations.

(H)

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.

(I)

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 municipality and proof of liability insurance or financial ability to respond to claims up to $1,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the municipality, in form approved by the municipality attorney.

(J)

Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage and all other general zoning district regulations except setback and height, shall apply to the use. Setback and height conditions in this section apply.

(K)

A tower must be a minimum distance - equal to one-half the height of the tower from property designated historic or architecturally significant, and must be set back from all lot lines distances equal to the district setback requirements or 25 percent of the tower height, whichever is greater.

(L)

Prior to issuing a permit, the zoning administrator may consult with a communications expert for technical review to determine that the standards in subsections (B), (C), (D), (E), (G) and (H) are met.

(Ord. No. 5.202, 11-24-1981)

Cross reference— Penalty, see § 155.999.

Applicant may appeal to the board of zoning appeals as follows.

(A)

Failure of the zoning administrator to act on an application which is determined to be complete under this subchapter within 45 days, unless extended by agreement, may be considered by applicant to be a denial of a permit which is subject to appeal to the board of zoning appeals.

(B)

The applicant may apply directly to the board for a permit for any tower as a special exception pursuant to section 155.359.

(Ord. No. 5.202, 11-24-1981; Ord. No. 2012.007, 12-17-2012)

A tower, pole, or antenna may be permitted by special exception granted by the board of zoning appeals after public hearing and findings of fact based on the following criteria:

(A)

All application requirements and conditions imposed in sections 155.355 through 155.358 of this subchapter are met.

(B)

Setback requirements and additional conditions are established by the board as is deemed necessary to remove danger to health and safety, and to protect adjacent property.

(C)

Prior to approving a permit by special exception or on appeal from action of the zoning administrator on an application for a conditional use, the board may consult with a communication expert for technical review to determine that the standards in section 155.357 are met.

(D)

The Telecommunications Act of 1996 requires that a denial of permit be supported by substantial evidence.

(Ord. No. 5.202, 11-24-1981; Ord. No. 2012.007, 12-17-2012)