The purpose of this article is to establish general guidelines for the siting of towers and antennas. The goals of this article are to: (i) encourage the location of towers in nonresidential areas and minimize the total number of towers and tower sites throughout the community; (ii) encourage strongly the joint use of new and existing tower sites; (iii) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (iv) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and (v) provide adequate sites for the provision of telecommunication services with minimal negative impact on the resources of the county. This article is intended to comply with all federal regulations.

(Ord. of 2-17-1999)

1.

Alternative tower structure. Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

2.

Antenna. Any apparatus designed for telephonic, data, radio or television communications through the sending and/or receiving of electromagnetic waves.

3.

Cemetery. (Reserved)

4.

FAA. The Federal Aviation Administration.

5.

FCC. The Federal Communications Commission.

6.

Height. When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna or lightning rod.

7.

Tower. 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, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

(Ord. of 2-17-1999)

26-3-1. District height limitations. The requirements set forth in this ordinance shall govern the location of towers that exceed, and antennas that are installed at greater than, 50 feet in height.

26-3-2. Amateur radio and receive-only antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is:

1)

Fifty feet and under in height and is owned and operated by a federally-licensed amateur radio station operator; or is

2)

Used exclusively for receive-only antennas for amateur radio station operation.

26-3-3. Existing structures and towers. The placement of an antenna on or in an existing structure such as a building, sign, light pole, water tank, or other freestanding structure or existing tower or pole shall be permitted with the approval of a zoning permit by the zoning administrator so long as the addition of said antenna shall not add more than 20 feet in height to said structure or tower and shall not require additional lighting pursuant to FAA or other applicable requirements. Such antennas shall be single element (rod whip type) antennas and shall not include satellite dishes, parabolic or multi-element antennas when located on existing structures such as a building, sign, light pole, water tank or other freestanding structure or pole. Satellite dishes, parabolic or multi-element antennas are permitted when collocating such antenna on an existing tower structure. Such permitted use also may include the placement of additional buildings or other supporting equipment used in connection with said antenna so long as such building or equipment is placed within the existing structure or property and is necessary for such use, and provided such supporting equipment complies with all other provisions provided herein.

(Ord. of 2-17-1999)

26-4-1. Where permitted. Towers, as defined herein, are permitted upon approval by the board of supervisors of a conditional use permit in agricultural (A-1), business (B-1), and industrial (I-1) zoning districts subject to the provisions of this section. Towers, as defined herein, are not permitted in any residential zoning district.

26-4-2. Principal or accessory use. For purposes of determining compliance with the underlying zoning district's area requirements, antennas and towers may be considered either principal or accessory uses. An existing use or an existing structure on the same lot shall not preclude the installation of antennas or towers on such lot, unless otherwise contained herein. For purposes of determining whether the installation of a tower or antenna complies with district regulations, the dimensions of the entire lot shall control, even though the antennas or towers shall be located on a leased area 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.

26-4-3. Inventory of existing sites. Each applicant for an antenna and or tower shall provide to the Brunswick County Planning Director an inventory of its existing facilities that are either within the locality or within five miles of the border thereof, including specific information about the location, height, and existing use and available capacity of each tower. The Brunswick County Planning Director may share such information with other applicants applying for approvals or conditional use permits under this ordinance or other organizations seeking to locate antennas within the jurisdiction of the locality; provided, however, that the Brunswick County Planning Director shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable.

26-4-4. Design and lighting. The requirements set forth in this section shall govern the location of all towers and the installation of all antennas governed by this ordinance; provided, however, Brunswick County may waive any of these requirements if it determines that the goals of this ordinance are better served thereby.

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos.

b.

At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

d.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, Brunswick County may review the available lighting alternatives and shall approve the design that would cause the least disturbance to the surrounding views. As a minimum, all tower lighting shall be shielded as to minimize visibility from the ground. In addition, all antennas and towers shall utilize red beacon type safety lighting, if such lighting is required by any regulation of the U.S. government. Strobe lighting or similar lighting mechanisms shall not be permitted unless specifically required by regulations of the U.S. government.

e.

No advertising of any type may be placed on the tower or accompanying facility, or any associated support buildings or structures.

f.

To permit collocation, the tower shall be designed and constructed to permit extensions to a maximum height of 250 feet.

g.

Towers shall be designed to collapse within the lease area in case of structural failure.

h.

Accessory facilities or buildings associated with the communication tower or antennas shall not include offices, vehicle storage or outside storage.

26-4-5. Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards or regulations are changed, then the owners of the antennas and towers shall bring such antennas or towers into compliance with such revised standards as required. A copy of any FAA, FCC, and other governmental agency approval must be on file before zoning permit approval for the tower or antenna.

(Ord. of 2-17-1999)

To ensure the structural integrity of towers, the owner of a tower shall verify in writing that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations. If such standards or regulations are changed, then the owners of the antennas and towers shall bring such antennas or towers into compliance with such revised standards as required. A copy of any FAA, FCC, and other governmental agency approval must be on file before zoning permit approval for the tower or antenna.

(Ord. of 2-17-1999)

Each applicant requesting a conditional use permit under this ordinance shall submit a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The zoning administrator may require other information to be necessary to assess compliance with this ordinance. Additionally, applicant shall provide actual photographs of the site that include a simulated photographic image of the proposed tower. The photograph with the simulated image shall include the foreground, the midground, and the background of the site.

26-6-1. An engineering report, certifying that the proposed tower is compatible for collocation with the minimum of three users including the primary user, must be submitted by the applicant. This provision may be waived by the governing body in a particular case.

26-6-2. The applicant shall notify adjoining property owners by certified letter concerning the project 14 days prior to public hearings before the planning commission and board of supervisors.

26-6-3. The applicant shall provide copies of its collocation policy.

26-6-4. The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible collocator antennas are no higher in elevation than necessary.

26-6-5. The antenna and/or tower shall be designed and installed so as not to interfere with the county's public safety communications system. The applicant shall perform an engineering study to determine the possibility of radio frequency interference with the county system. This study shall accompany the conditional use permit application for approval by the Brunswick County Board of Supervisors.

26-6-6. The tower or antenna owner shall be responsible for correcting any frequency problems which affect the Brunswick County Public Safety Communications System caused by the use. Such corrections shall be made immediately upon notification by the Brunswick County Administrator.

(Ord. of 2-17-1999)

The applicant shall obtain a conditional use permit from the Brunswick County Board of Supervisors before erecting towers or antennas covered by this article. The Brunswick County Board of Supervisors shall consider the following factors in determining whether to issue a conditional use permit, although Brunswick County may waive or reduce the burden on the applicant of one or more of these criteria if the board of supervisors concludes that the goals of this ordinance are better served thereby.

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of the uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

Proposed ingress and egress;

h.

Collocation policy;

i.

Language of the lease agreement dealing with collocation;

j.

Consistency with the comprehensive plan and the purposes to be served by zoning;

k.

Availability of suitable existing towers and other structures as discussed below; and

l.

Proximity to commercial or private airports.

(Ord. of 2-17-1999)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Brunswick County Board of Supervisors that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding the cost of new tower development are presumed to be unreasonable.

f.

The applicant demonstrates that there are other reasonable limiting factors that render existing towers and structures unsuitable.

(Ord. of 2-17-1999)

The following setback requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Brunswick County Board of Supervisors may reduce the standard setback requirements if the goals of this ordinance would be better served thereby.

a.

The tower must be set back from any off-site residential structure no less than six times the height of the tower.

b.

Accessory facilities must satisfy the minimum zoning district setback requirements for primary structures.

c.

Towers must be set back from the lease area boundaries no less than 100 percent of the tower height.

d.

The lease area boundaries must be set back from the total parcel boundaries the minimum distances as required by the underlying zoning district.

e.

The tower must be set back from any cemetery or public park no less than six times the height of the tower.

f.

Towers must be set back from any existing building, other than residential structures, which house people for other purposes (i.e., businesses, industries, schools, churches) no less than 100 percent of the tower height.

g.

Residences constructed after the location of a tower must be set back a minimum of the 50 feet from the lease area boundaries.

(Ord. of 2-17-1999)

Towers and all accessory structures shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with an appropriate anti-climbing device; such fence shall be designed to preclude view of the tower base and supporting buildings and equipment from the public right-of-way and adjacent properties. The fence design shall be submitted to the county for approval.

(Ord. of 2-17-1999)

The noise level of supporting equipment and facilities shall not exceed 65 decibels at the lease area boundaries.

(Ord. of 2-17-1999)

The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Brunswick County Board of Supervisors may waive such requirements if the goals of this ordinance would be better served thereby.

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the facilities.

b.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the Brunswick County Board of Supervisors may determine the natural growth around the property perimeter may be sufficient buffer.

c.

Existing trees within 200 feet of the tower shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicle utilities. This provision may be waived by the governing body in a particular case.

(Ord. of 2-17-1999)

Owners of towers shall provide the county collocation opportunities as a community benefit to improve radio communication for county departments and emergency services, provided it does not conflict with the collocation requirement of 26-6-1.

(Ord. of 2-17-1999)

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within 90 days of receipt of notice from Brunswick County notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. The buildings may remain with owner's approval. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

26-14-1. Surety for removal. Prior to the issuance of zoning and building permits for towers or antennas, the owner shall provide a performance bond with approved surety in an amount equal to the cost to demolish the tower at such time as the antennas or tower ceases to be operated as described in section 26-13. The exact amount of this performance bond will be determined by the county attorney and director of planning.

(Ord. of 2-17-1999)

The owner of each such antenna or tower shall submit a report to the director of planning once a year, no later than July 1. The report shall state the current user status of the tower and shall include an inspection report from a certified engineer that tower is structurally sound.

(Ord. of 2-17-1999)

The tower owner shall submit to the county a five-year proposed site location plan. Such plan shall be submitted with the conditional use permit application and shall include the following:

a.

A map showing the location of each site within Brunswick County at which owner proposes to construct a communications tower within the five years subsequent to the current application; and

b.

A narrative which describes the precise location of each tower shown on the aforesaid map.

The foregoing maps shall be updated and any revision submitted, no later than July 1, once a year with the required yearly report (section 26-15).

(Ord. of 2-17-1999)

Any out of pocket costs incurred by Brunswick County for review by a licensed engineer of any of the above required information shall be paid by the applicant within 30 days of the receipt of such invoice from the county.

(Ord. of 2-17-1999)

Such actions shall be in addition to all other rights and remedies available upon a violation of this article, including, although not limited to, rescission of the zoning permit approval.

(Ord. of 2-17-1999)

Should any section thereof, subsection hereof, or any portion of either be determined by a court of competent jurisdiction to be unenforceable had not theretofore been a part hereof.

(Ord. of 2-17-1999)