[The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Antenna means a device, dish or array used to transmit or receive telecommunications signals.

Communications tower shall mean a tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, free-standing, or on a building.

Height of a communication tower is the distance from the ground level base of the structure to the highest point of the structure, measured in accordance with the provisions of section 86-182 of this Code.

Telecommunications, as defined in the Federal Telecommunications Act of 1996, means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

(Ord. of 6-12-03, § 1; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

A communications tower and/or antenna may be permitted by the building code administrator without further review upon determination that all of the applicable conditions in this article are met.

(1)

Districts in which conditional uses are permitted; height limitations.

(2)

Applicant requirements: 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 building code administrator an application accompanied by a fee as specified in subsection 14-34(1).

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, 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 city;

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/EIA/TIA 222 (latest revision) standards;

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 180 days after cessation of use;

j.

Evidence that applicable conditions in subsection c. are met; and

k.

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

(3)

Conditions: 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.

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 applicant. It is the strong preference of the town that existing structures be used to the greatest practical extent and that construction of new towers be the option of last resort.

c.

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

d.

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

e.

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

f.

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

g.

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.

h.

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 building code 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 town attorney.

i.

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.

j.

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.

(4)

Appeals: Applicant may appeal to the zoning board of appeals as follows:

a.

Failure of the building code administrator to act on an application which is determined to be complete under this section 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 zoning board of appeals.

b.

Applicant may appeal to the zoning board of appeals for a variance from general zoning district regulations and setback requirements in this section, but not from any other conditions in this section.

(Ord. of 6-12-03, § 1; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

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

The zoning board of appeals must find and conclude:

(1)

All application requirements and conditions imposed by section 86-236 of this article for conditional uses are met except setbacks.

(2)

Setback requirements and such additional conditions are established by the zoning board of appeals as it deems necessary to remove danger to health and safety, and to protect adjacent property.

(3)

Denial of a permit must be supported by substantial evidence.

(4)

The zoning board of appeals may not grant a variance from the standards imposed for a communications tower or antenna in connection with granting a special exception, except as permitted by subsection 86-236(d).

(Ord. of 6-12-03, § 1; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

(a)

Towers existing at the adoption of this article shall be considered nonconforming uses as defined by section 86-171 and shall be governed accordingly.

(b)

Notwithstanding the provisions of section 86-171, nothing in this chapter shall be construed to limit the number of antennas that may be placed on legal nonconforming towers.

(c)

Notwithstanding the provisions of section 86-171, nothing in this chapter shall be construed to limit one additional building required for antennas so long as the total footprint does not exceed the R-1 limit. Provided, however, the tower and auxiliary building shall to the greatest extent possible be architecturally consistent with the uses immediately surrounding the tower and buildings and shall to the greatest extent practical be beautified with the use of trees, shrubs, methods of concealment, or privacy fences aesthetically consistent with the neighborhood. The auxiliary building shall not be used for habitable space. This building may be subdivided in order for multiple antenna owners to have required support space. The building may be constructed in interconnected units or modules over a period of time as long as the total footprint conforms to the above limits and gives the appearance of a single building. Commercial review of proposed development is required in accordance with C-3 Zoning regulations.

(Ord. of 6-12-03, § 1; Ord. of 1-8-04, § 1; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)