(C)   New wireless communication facilities with support structures shall only be permitted on all other lands not identified in the table in division (B) by means of approval of a special use permit. Prior to applying for a special use permit, the applicant shall provide the town with adequate information to establish that lands included in division (A) or (B) above can be made suitable for wireless communications facility locations.

   (D)   No person, firm or corporation shall install or construct any wireless communications facility unless and until a tower antenna use application (TAA) has been issued pursuant to the requirements of this chapter.

   (E)   Wireless communications facilities for which a permit has been issued prior to the effective date of this chapter shall be considered as a non-conforming use.

   (F)   This chapter shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. Installations shall comply with any other applicable provisions of this chapter.

   (G)   Any wireless communications facility located or proposed to be located in airport area governed by the Federal Aviation Administration shall also comply with the provisions of all applicable local, state and federal airport regulations.

   (H)   Construction of all wireless communication facilities shall comply with the requirements of the North Carolina State Building Codes and permitting process in addition to the requirements of this chapter.

(1981 Code, § 504A) (Ord. passed 6-28-2004)

   Development standards for wireless communication facilities will include the underlying zoning district plus following development standards.

   (A)   Height standards. The following height standards shall apply to all wireless communications facility installations.

      (1)   Attached wireless communication facilities shall not add more than 20 feet to the height of the existing building or structure to which it is attached (attachment structure).

      (2)   However, antenna attachments to existing communication towers shall not increase the height of tower above the maximum original permitted height of that tower.

      (3)   Wireless communication facilities with support structures identified in § 154.113(B) shall have a maximum height as set out in § 154.113(B) .

      (4)   Height for wireless communication facilities with support structures on other lands not identified in division (A) or (B) above shall be reviewed on a cases by case basis as part of the special use permit process.

      (5)   The height of the proposed wireless communications facility should be consistent with the height standards indicated in § 154.113(B) for similar properties in similar locations; and considering ground elevations, topographical conditions and other site development criteria within this chapter.

   (B)   Setback standards. The following setback standards shall apply to all communication facility installations.

      (1)   Attached wireless communication facilities. Attached wireless communications facilities shall meet the setback provisions of the underlying zoning district in which they are located. However, an attached wireless communications facility antenna array may extend up to 30 inches horizontally beyond the edge of the attachment structure so long as the antenna array does not encroach upon an adjoining parcel.

      (2)   Wireless communications facilities with support structures. Wireless communication facilities with support structures shall meet the setback requirements for principal structures of the underlying zoning district in which they are located.

   (C)   Landscaping. The following landscaping requirements shall be maintained by the applicant and shall apply to all wireless communications facility Installations.

      (1)   New wireless communications facilities with support structures and attached wireless communication facilities with new building construction shall comply with § 154.082 above.

      (2)   Existing mature tree growth and natural land form on the site shall be preserved to the extent feasible: provided however, that vegetation that caused interference with the antennas or inhibits access to the equipment facility may be trimmed or removed.

   (D)   Aesthetics; placement, materials and colors. The following standards shall apply to all new antenna arrays and new wireless communications facilities.

      (1)   Antenna array attachments shall be designed so as to be compatible with the wireless communications facility to which it is to be affixed; including but not limited to matching the proposed array with existing structural design, facade colors and camouflage technology.

      (2)   New wireless communication facilities shall be designed to be compatible with existing structures and surroundings to the extent feasible. The proposed wireless communication facility should be consistent with the tower type and height standards indicated in § 154.113(B) for similar properties in similar locations; including but not limited to considerations of scale and space of immediate vicinity of the new facility, placement in a location which is consistent with proper functioning of the wireless communications facility, the use of compatible or neutral colors and camouflage technology.

   (E)   Lighting. The following lighting requirements shall apply to all wireless communications facility installations.

      (1)   Artificial illumination. Wireless communications facilities shall not be artificially illuminated, directly or indirectly, except for:

         (a)   Security and safety lighting of equipment buildings if the lighting is appropriately down shielded to keep light within the boundaries of the site;

         (b)   Illumination of the wireless communications facility as may be required by the FAA or other applicable authority installed in a manner to minimize impacts on adjacent residences; and

         (c)   Unless otherwise required by the FAA or other applicable authority, the required light shall be red and a type of lens used to reduce ground lighting when the site is within 100 feet of a residential dwelling.

      (2)   Signage. Wireless communications facilities shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except for a small message containing provider identification and emergency telephone numbers and other information as may be required by local, state or federal regulations governing wireless communication facilities.

   (F)   Fencing.

      (1)   Wireless communications facilities with support structures shall be enclosed by an opaque fence (excluding slatted chain link) not less than 6 feet in height.

      (2)   Security features may be incorporated into the buffer and landscaping requirements for the site. Nothing herein shall prevent fencing that is necessary to meet requirements of state or federal agencies.

   (G)   Radio frequency emissions/sound. The following radio frequency emissions standards shall apply to all wireless communications facility installations:

      (1)   Radio frequency impact. The FTA gives the FCC jurisdiction of the regulation of radio frequency (RF) emissions, and wireless communications facilities that do not exceed the FCC standards shall not be conditioned or denied on the bases of RF impact.

      (2)   FCC compliance. In order to provide information to its citizens, copies of ongoing FCC information concerning wireless communications facilities and RF emissions standards may be requested from time to time. Applicants for wireless communications facilities shall be required to provide information with the application on the measurement of the effective radiated power of the facility and how this meets the FCC requirements.

      (3)   Sound prohibited. No unusual sound emissions such as alarms, bells, buzzers or the like are permitted.

   (H)   Structural integrity. Wireless communications facilities with support structures shall be constructed to the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled Structural Standards for Steel Antennas Towers and Antenna Support Structures (or equivalent), as it may be updated and amended. Each support structure shall be capable of supporting multiple antenna arrays.

   (I)   Collocation agreement.

      (1)   All applicants for wireless communications facilities are required to submit a statement with the application agreeing to allow and reasonably market collocation opportunities to other wireless communications facility users.

      (2)   The statement shall include the applicant's policy regarding collocation of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged other providers.

      (3)   The collocation agreement shall be considered a condition of issuance of a tower antenna use application (TAA). A TAA shall not be issued unless the applicant complies with the collocation policy outlined in § 154.117 below.

(1981 Code, § 505A) (Ord. passed 6-28-2004)

   (A)   Criteria. The applicable development criteria referred to herein are those set forth in § 154.114 above.

   (B)   Permitting procedures.

      (1)   Attached wireless communications facilities with or without new building construction that meet the development criteria may be permitted by administrative review. All wireless communications facilities with support structures that meet development criteria and that are located in § 154.113(B), or antenna array attachments onto existing structures may be permitted by administrative review unless the proposed facility is located on lands meeting criteria in division (B)(2) or (3) below. All other proposed wireless communications facilities shall be subject to the special use permit process.

      (2)   Any wireless communications facility (attached or with a support structure), regardless of type, to be located within an established historic area, or other designated Overlay District will be subject to review by the appropriate Preservation Commission and the Town Council. Review by a Preservation Commission shall be in accordance with that district article administrative procedures for a certificate of appropriateness. All wireless communications facility applicants that do not conform to the development criteria or are otherwise not eligible for administrative review shall be subject to the Town Council review process.

   (C)   Wireless communications facilities as a part of a coordinated development approval. Wireless communications facilities as part of a proposed residential or nonresidential subdivision, planned unit development, site plan, conditional rezoning or other coordinated development approval shall be reviewed and approved through those processes.

   (D)   Wireless communications facilities for temporary term.

      (1)   Temporary wireless communications facilities may be permitted by administrative approval for a term not to exceed 90 days.

      (2)   Once granted, a temporary wireless communications facility permit may be extended for an additional 90 days upon evidence of need by the applicant.

      (3)   In case of emergency (e.g., storm damage to an existing tower or other circumstances resulting in the interruption of existing service) the administrative review shall be expedited to the extent feasible.

(1981 Code, § 506A) (Ord. passed 6-28-2004)

   (A)   Application submission. All tower antenna use applications, regardless of wireless communications facility type shall include all of the requirements contained in this section.

      (1)   Application contents. Each applicant requesting a TAA under this chapter shall submit a sealed complete set of drawings prepared by a licensed architect or engineer that will include a site plan, elevation view and other supporting drawings, calculations and other documentation showing the location and dimensions of the wireless communications facility and all improvements associated therewith, including information concerning specifications, antenna locations, equipment facility and shelters, landscaping, parking, access, fencing, and, if relevant as determined by staff; topography, adjacent uses and existing vegetation. Applicants proposing to collocate on an existing wireless communication facility shall include a radio frequency intermodulation study with their application.

      (2)   Submission requirements.

         (a)   Application for a TAA shall be submitted to the town on forms prescribed by the town. The application shall be accompanied by a site plan containing the information described above and a copy of the appropriate FCC license.

         (b)   If Town Council review is required, the application and site plan shall be placed on the next available Town Council agenda in accordance with the agenda deadlines established by the town.

      (3)   Application fees. A plan review fee of $500 and a radio frequency intermodulation study review fee of $500 (collocation applicants only) shall accompany each application. These fees may be used by the town to engage an engineer(s) or other qualified consultant(s) to review the technical aspects of the application and radio frequency intermodulation study (if required).

      (4)   Additional technical assistance.

         (a)   In the course of its consideration of an application, the town, may deem it necessary, in complex situations, to employ an engineer(s) or other consultant(s) qualified in the design and installation of wireless communication facilities to assist the town in the technical aspects of the application.

         (b)   In those cases, any additional reasonable costs incurred by the town not to exceed $1,500 for the technical review and recommendation shall be reimbursed by the applicant prior to the final town hearing on the TAA.

   (B)   Administrative review. The following administrative review process shall apply to all wireless communications facility applicants eligible for administrative review.

      (1)   Review authority. Review of the town and antenna use application (TAA) under this section shall be conducted by the Zoning Administrator or the designee upon filing a TAA.

      (2)   Review criteria. Each application shall be reviewed for compliance with the development criteria specified in § 154.114.

      (3)   Timing of decision. The Zoning Administrator or designee shall render a decision on the wireless communications facility application by written response to the applicant within 20 business days after receipt of the complete application, except than an extension may be agreed upon by the applicant.

      (4)   Deferral. The Zoning Administrator may defer administrative approval of wireless communication facilities for any reason. Deferral of administrative approval shall require submission to the Town Council for review.

      (5)   Application denial. If a TAA is denied by the Zoning Administrator due to noncompliance with the development criteria, the applicant may appeal the denial to the Board of Adjustment as provided for in § 154.047(K) above.

      (6)   Application approval. If the TAA application together with all required addenda are in compliance with the development criteria and otherwise meets the requirements of this section, the Zoning Administrator shall approve the tower antenna use application and authorize issuance of the proper permits.

   (C)   Town Council review. The following shall apply to all tower and antenna use applications requiring submission of the Town Council:

      (1)   The Town Council shall be the review authority for TAA applications not eligible for administrative review or otherwise referred to the Council;

      (2)   Notice of the application, the public hearing and review process shall be accomplished in the same manner as a special use permit as established in §§ 154.190 through 154.239 of this Zoning Chapter; and

      (3)   The Town Council shall consider in addition to the requirements set forth in §§ 154.190 through 154.239 the following in reaching a decision.

         (a)   Development criteria. The complete tower antenna use application shall be reviewed for compliance with the development criteria set forth in § 154.114 above; provided that the applicable development criteria may be amended or waved so long as the approval of the wireless communications facility meets the goals and purposes of this chapter. The Town Council may recommend an alternative form the development criteria by specific inclusion in a motion for approval.

         (b)   Tower siting conditions. The Town Council may impose conditions and restriction on the application or on the premises benefited by the TAA as it deems necessary to reduce or minimize any adverse effects and to enhance the compatibility of the wireless communications facility with the surrounding property, in accordance with the purposes and intent of this chapter, provided the alternative development criteria, conditions or restrictions are reasonable and capable of being accomplished. The violation of any condition shall be grounds for renovation of the TAA as set forth in §§ 154.190 through 154.239 of this chapter.

      (4)   The Town Council shall render its decision within 60 days or less from the date of the public hearing; however, this time may be increased due to deferrals by either the applicant or the town.

      (5)   Appeals may be taken in the manner described in §§ 154.190 through 154.239.

(1981 Code, § 507A) (Ord. passed 6-28-2004)

   (A)   Collocation.

      (1)   All new wireless communication facilities shall be engineered, designed and constructed to be capable of sharing the facility with other applicants, to collocate with other existing wireless communication facilities and to accommodate the future collocation of other wireless communication facilities.

      (2)   A TAA shall not be issued until the applicant proposing a new wireless communications facility shall demonstrate that it has made a reasonable good faith attempt to locate its wireless communications facility onto an existing structure. Competitive conflict and financial burden alone are not deemed to be adequate reasons against collocation.

   (B)   Collocation support structure design.

      (1)   All wireless communication facilities with a support structure up to a height of 150 feet shall be engineered and constructed to accommodate at least 3 antenna array.

      (2)   All wireless communication facilities with a support structure up to a height of 150 feet or greater shall be engineered and constructed to accommodate at least 4 antenna array.

(1981 Code, § 508A) (Ord. passed 6-28-2004)

   (A)   Any support structure that is not operated for a continuous period of 12 months shall be considered abandoned, and the town, at its election, may require the support structure owner to remove the support structure within 90 days after notice from the town to remove the support structure.

   (B)   If there are 2 or more users of a single support structure, this provision shall not become effective until all providers cease to use the support structure.

   (C)   If the owner of an abandoned support structure cannot be located or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the support is located.

(1981 Code, § 509A) (Ord. passed 6-28-2004)

   Wireless communication facilities in existence on the date of the adoption of this chapter which do not comply with the requirements of this chapter (nonconforming wireless communications facility) are subject to the following provisions.

   (A)   Expansion. Nonconforming wireless communication facilities may continue in use for the purpose now used, but may not be expanded without complying with this chapter except as further provided in this section.

   (B)   Additions. Nonconforming wireless communications facilities may add additional antennas (belonging to the same provider or other providers) subject to administrative review under this chapter.

   (C)   Repairs or reconstruction.

      (1)   Nonconforming wireless communications facilities, which become damaged due to any reason or cause, may be repaired and restored to its former use, location and physical dimensions subject to the provisions of this chapter.

      (2)   Provided, however, that if the damage to the wireless communications facility exceeds 50% of replacement cost, the wireless communication facility may only be reconstructed or repaired in compliance with this chapter.

      (3)   Any wireless communications facility not in use for 6 months shall be deemed abandoned and all rights as a nonconforming use shall cease.

(1981 Code, § 510A) (Ord. passed 6-28-2004)

   Enforcement of the provisions of this chapter shall be per § 154.278 below.

(1981 Code, § 511A) (Ord. passed 6-28-2004)