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

Communications tower, as used in this article shall mean a tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, freestanding, guyed, or on a building.

Height of a communication tower is the distance from the base of the tower to the top of the structure.

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. No. 1183, 7-11-2000)

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

(Ord. No. 1183, 7-11-2000)

(a)

Tower Overlay District. A communications tower with a 200 foot maximum height is permitted under conditions set forth in section 5.

(b)

Planned Development. A communications tower with height and design to be specified may be approved as part of a Planned Development (PD) zoning district application.

(c)

All districts. A communications antenna that does not extend more than 50 feet above the highest part of the structure may be mounted on an existing building, water tank or other structure. The total height can not exceed 200 feet.

(d)

A new communications tower shall not be constructed within 300 feet of a designated national or local landmark property.

(Ord. No. 1183, 7-11-2000)

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 submit an application and the following documents, where applicable, with the zoning administrator:

(1)

Specifications. One copy of typical specifications for proposed structures and antennae, including description of design characteristics and materials.

(2)

Site plan. 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 structures/land uses on adjacent property. A site plan is not required if the antenna is to be mounted on an approved existing structure.

(3)

Tower location map. A current map, or updated version of an existing map on file, showing the locations of the applicant's antennae, existing towers, proposed towers, and other facilities which are reflected in public records and serve any property within the city.

(4)

Antenna capacity/wind load. 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 withstand winds in accordance with ANSI/EIA/TIA 222 (latest revision) standards.

(5)

Tower and antenna(e) owners. Identification of the owners of the tower and all antennae and equipment to be located on the site.

(6)

Owner authorization. Written authorization from the site owner for the application.

(7)

FCC license. Evidence that a valid FCC license for the proposed activity has been issued to the proposed tenant(s) on the communication tower.

(8)

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

(9)

Removal agreement. A written agreement to remove the tower, antennae, and other related equipment within 180 days after the cessation of use.

(10)

Conditions met. Evidence that applicable conditions in section 5 are met.

(11)

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

(Ord. No. 1183, 7-11-2000)

The applicant must show that all of the following applicable conditions are met:

(1)

Location/visual impact. 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.

(2)

Inability to locate on existing structure. The applicant must show that any 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.

(3)

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

(4)

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

(5)

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

(6)

Painting/illumination. A communications tower shall not be painted or illuminated unless approved by the city or otherwise required by state or federal regulations.

(7)

Distance from existing tower. A permit for a proposed tower site within 1,000 feet of an existing communications tower shall not be issued unless the applicant certifies that the existing tower does not meet applicant's structural specifications and/or technical design requirements, or that a co-location agreement could not be obtained.

(8)

Indemnity/claim resolution. The applicant must show by certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must submit to the zoning administrator written indemnification of the municipality and proof of liability insurance of financial ability to respond to claims up to $1,000,000.00 per occurrence which may arise from operation of the facility during its life, at no cost to the municipality, in a form approved by the municipal attorney. The city must be named insured under any policy.

(9)

Application of zoning regulations. The area surrounding a tower structure and accessory buildings on the property must be fenced. A ten-foot landscaped buffer must be planted around the perimeter of the property to provide screening. Other land development regulations concerning visibility, parking, access, exterior illumination, signs, storage, and all other general zoning district regulations shall apply to the use.

(10)

Minimum setbacks. A tower must be a minimum distance of 150 percent of the fall zone distance, as certified by a licensed structural engineer, from any commercially, residentially, or otherwise occupied structure. Minimum setbacks from all property lines shall be no less than 100 percent of the fall zone distance of the proposed tower. The property line setback requirements can be achieved in the form of easements granted by surrounding property owners.

(11)

Technical assistance required. If additional technical assistance is desired prior to issuing a permit, the city may enlist the services of an engineering consultant to determine that the standards in subsections (a), (b), (c), (d), (f), (g), and (j) of this section are met.

(Ord. No. 1183, 7-11-2000)

The applicant may appeal to the zoning board of appeals in the following situations:

(1)

The failure of the zoning 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 the applicant to be a denial of a permit which is subject to appeal to the board of zoning appeals.

(2)

Under the procedures and criteria outlined in Article VII of the Hartsville Zoning Ordinance and below in Section 7, the applicant may appeal to the zoning board of appeals for a variance from the requirements in this article.

(Ord. No. 1183, 7-11-2000)

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

(1)

Application conditions. All application requirements and conditions imposed by section 5 of this article for conditional uses are met except for the requested height and/or setback variance.

(2)

Height limitations. If additional tower height is requested, total tower height shall not exceed 150 percent of the maximum height permitted in the district.

(3)

Necessity for additional height. The applicant has demonstrated that additional height above that permitted by conditional use regulations is necessary for service to occupants of an area within the municipality.

(4)

Setback requirements/additional conditions. Setback requirements and additional conditions can be established by the board as it deems necessary to remove danger to health and safety, as well as protecting adjacent property.

(5)

Technical assistance required on special exception or appeal from action on conditional use. Prior to approving a permit by special exception or on appeal from action of the zoning administrator, the board may enlist the services of an engineering consultant to determine that the standards in section 5, subsections (a), (b), (c), (d), (f), (g), and (j) of this article are met.

(6)

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

(7)

Variance prohibited. The board may only grant a variance relating to the height and/or setback requirements and may not grant a variance from the other standards imposed for a communications tower or antenna in connection with granting a conditional use permit as outlined in section 5.

(Ord. No. 1183, 7-11-2000)