Montgomery County Unincorporated
City Zoning Code

Montgomery County wishes to accommodate the growing need and demand for wireless communication services. Wireless facilities and wireless support structures are of such substantially different character from other permitted uses, however, that specific and additional standards must be established to assist the Board of Adjustment, and Planning Board in their decision-making process.

This section establishes predictable and balanced codes governing the construction and location of wireless facilities and wireless support structures, within the confines of permissible local regulations. Regulations herein shall be consistent with, and subject to modifications of, the Montgomery County comprehensive land use plan.

(Ord. of 4-16-2013, § 1)

The Montgomery County Planning Department shall be responsible for the administration and enforcement of this article. The County reserves the right to contact and contract with any third party in order to uphold the requirements of this article. Further, the County reserves the right to revoke a wireless telecommunication tower permit at any time if a violation of this article is found to have occurred, or is in the process of occurring. The County must follow the same process for revocation as was used for the approval.

(Ord. of 4-16-2013, § 2)

3.1.

Accessory Structure(s). Any structure, building, or stationary equipment within the fenced facility area other than the antenna proper.

3.2.

Antenna. Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. Types of antennas include, but are not limited to the following: omni-directional (whip) antennas, sectionalized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas.

3.3.

Applicable codes. The North Carolina State Building Code and any other uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization together with state or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.

3.4.

Application. A request submitted by an applicant to the local government for a permit to collocate wireless facilities or to approve the installation, modification, or replacement of a utility pole, city utility pole, or a wireless support structure.

3.5.

Base station. A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics.

3.6.

Building permit. An official administrative authorization issued by the local government prior to beginning construction consistent with the provisions of G.S. 160D-1110.

3.7.

City right-of-way. A right-of-way owned, leased, or operated by a city, including any public street or alley that is not a part of the State highway system.

3.8.

City utility pole. A pole owned by a city in the city right-of-way that provides lighting, traffic control, or a similar function.

3.9.

Collocation. The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, city utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term does not include the installation of new utility poles, city utility poles, or wireless support structures.

3.10.

Communications facility. The set of equipment and network components, including wires and cables and associated facilities used by a communications service provider to provide communications service.

3.11.

Communications service. Cable service as defined in 47 U.S.C. § 522(6), information service as defined in 47 U.S.C. § 153(24), telecommunications service as defined in 47 U.S.C. § 153(53), or wireless services.

3.12.

Communications service provider. A cable operator as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. § 153(24); a telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless provider.

3.13.

Eligible facilities request. A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.

3.14.

Equipment compound. An area surrounding or near the base of a wireless support structure within which a wireless facility is located.

3.15.

Equipment enclosure. An enclosed structure, cabinet, or shelter used to contain radio or other equipment necessary for the transmission or reception of wireless communication signals.

3.16.

Fall zone. The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.

3.17.

Land development regulation. Any ordinance enacted pursuant to this article.

3.18.

Micro wireless facility. A small wireless facility that is no larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that has an exterior antenna, if any, no longer than eleven (11) inches.

3.19.

Search ring. The area within which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.

3.20.

Setback. The required distance from the property line of the parcel on which the wireless communication facility is located to the center of the wireless tower for monopoles and self-supporting towers, or the guy wire anchors for guyed towers. Facility fences shall be setback from property lines according to setback standards of the underlying zoning district.

3.21.

Small wireless facility. A wireless facility that meets the following qualifications:

a.

Each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than six (6) cubic feet.

b.

All other wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight (28) cubic feet. For the purposes of this sub-subdivision, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, or other support structures.

3.22.

Substantial modification. The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. The burden is on the local government to demonstrate that a mounting that does not meet the listed criteria constitutes a substantial change to the physical dimensions of the wireless support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the following criteria:

a.

Increasing the existing vertical height of the structure by the greater of (i) more than ten percent (10%) or (ii) the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet.

b.

Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than twenty (20) feet or (ii) more than the width of the wireless support structure at the level of the appurtenance.

c.

Increasing the square footage of the existing equipment compound by more than two thousand five hundred (2,500) square feet.

3.23.

Temporary wireless communication facility. Wireless communication facility that is intended to be used for ninety (90) or fewer days.

3.24.

Utility pole. A structure that is designed for and used to carry lines, cables, wires, lighting facilities, or small wireless facilities for telephone, cable television, electricity, lighting, or wireless services.

3.25.

Water tower. A water storage tank, a standpipe, or an elevated tank situated on a support structure originally constructed for use as a reservoir or facility to store or deliver water.

3.26.

Wireless facility. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless communications and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include any of the following:

a.

The structure or improvements on, under, within, or adjacent to which the equipment is collocated.

b.

Wireline backhaul facilities.

c.

Coaxial or fiber-optic cable that is between wireless structures or utility poles or city utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

3.27.

Wireless infrastructure provider. Any person with a certificate to provide telecommunications service in the State who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures for small wireless facilities but that does not provide wireless services.

3.28.

Wireless provider. A wireless infrastructure provider or a wireless services provider.

3.29.

Wireless services. Any services, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using wireless facilities.

3.30.

Wireless services provider. A person who provides wireless services.

3.31.

Wireless support structure. A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole or a city utility pole is not a wireless support structure. (2019-111, s. 2.4.)

(Ord. of 4-16-2013, § 3)

4.1.

A government-owned and operated communications facility erected for the purposes of installing antenna(s) and ancillary equipment to provide communications for public health and safety.

4.2.

A temporary communications facility (COW) used for the purposes of providing coverage upon the declaration of a state of emergency by federal, state, or local governments. This facility may be exempt from the provisions of this Ordinance for up to three (3) months after the end of the state of emergency.

4.3.

Temporary, mobile communications facilities used for the purposes of providing coverage at limited time special events. This facility may be exempt from the provisions of this Ordinance for up to five (5) days after the end of the event.

4.4.

Towers constructed by public utilities for internal communications only (no commercial leasing of tower space to wireless cellular carriers).

4.5.

Towers constructed to provide fixed wireless internet service (no commercial leasing of tower space to wireless cellular carriers).

4.6.

Installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator (no commercial leasing of tower space to wireless cellular carriers).

4.7.

Co-location of additional antennas on existing wireless facilities with no increase in tower height.

5.1.

Montgomery County encourages the location and co-location of wireless facilities and wireless support structures on existing structures thereby minimizing new, additional antenna support structures.

5.2.

Montgomery County encourages, but does not require (per G.S. 160D-932) the use of public (county owned) lands, buildings, and structures as locations for wireless telecommunications infrastructure.

5.3.

Montgomery County encourages applicants under this article to allow public safety communications equipment to be located on their wireless support structures and sites.

Where Permitted: Free-standing wireless facilities constructed within the parameters below shall be permitted by right. If a proposed tower fails to meet the parameters listed, the request shall follow the special use permit or rezoning processes where appropriate.

Tower Type: M — Monopole. SST — Self-Supporting Tower. GT — Guyed Tower. Tower Height: FAA-NI — FAA Non-Illumination Height

6.1.

Minimum Area: Wireless facility sites shall be of a minimum size to accommodate at least four (4) wireless carriers. All structures and appurtenances must be contained within the fenced area.

6.2.

Setbacks: Wireless facilities and support structures shall be set back from all property lines one (1) foot for each vertical foot of tower height. Setbacks may be reduced to the fall zone distance with documentation from an engineer licensed in the State of North Carolina.

6.3.

Towers Attached to Structures: Tower height attached to existing structures shall include the height of the structure.

6.4.

Fencing: Fencing must be of a height equal to or greater than accessory structures but no less than eight (8) feet. This fence must be opaque in nature. Fencing materials must be chain link fencing with slat inserts.

6.5.

Access and Orientation: Any road accessing a wireless facility and/or wireless support structure from a public right-of-way shall be paved or graveled and at least twenty (20) feet wide (exclusive of shoulders). The roadway shall have an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. The roadway must be maintained and passable by emergency vehicles year-round. Gravel access roads shall be of an "all weather" type.

6.6.

Signage: Signage requirements must conform to Montgomery County sign ordinances.

6.7.

Lighting: wireless facilities constructed by right on residentially zoned parcels may not be illuminated. Wireless facilities constructed on commercial or industrial zoned parcels, or facilities approved on residential properties through the special use permit process, may be illuminated.

6.8.

The following standards apply for illumination of wireless facilities:

6.8.1.

Lighting on all wireless facilities and/or wireless support structures, if required by the Federal Aviation Administration (FAA), shall not exceed the FAA minimum standards. Any strobe lighting required by the FAA must be of the minimum intensity and minimum number of flashes per minute allowable by the FAA. Shielding shall be utilized to minimize visual impact to pedestrians and reduce potential attraction from migratory birds. Dual lighting standards shall be used in the following manner: strobe lights during daylight hours and red lights during nighttime hours unless specifically prohibited by the FAA.

6.8.2.

All wireless facilities and/or support structures may utilize a security light controlled by a motion detection sensor at or near the entrance to the facility. This security light shall be placed in such a manner to not disturb any neighboring residentially zoned or residentially occupied property.

6.9.

Landscaping: Shall be provided around the perimeter of the compound except for gate drive area. Landscaping shall consist of evergreen shrub and trees that must be a least three (3) feet in height at time of placement and must reach six (6) feet in height within two (2) years. Said landscaping shall be planted five (5) feet from the fence and five (5) apart.

6.10.

Address: Applicant shall prominently display and maintain the assigned street address number on a post at the driveway intersection. The numbers on the driveway display shall be no less than four (4) inches in height and have a night reflective surface. Further, this address post shall be installed within five (5) business days from issuance of the zoning permit. The site must be posted with the owner's name and contact information and all carrier's names and contacts. These shall be updated when ownership change occurs.

6.11.

Decommissioning: A Decommissioning Plan, obtained from the Montgomery County Planning Department, must be completed. This plan shall be filed with the Montgomery County Register of Deeds and shall be completed prior to zoning approval. Failure to abide by the approved decommissioning plan will result in a fine of not more than fifty dollars ($50.00) per day as such violation continues as provided by Article I, Section 9.1 of the Montgomery County Zoning Ordinance.

Editor's note— Ord of 07-20-2021(1) amended the Zoning Code by the addition of a new Section 6 of Article XI. The subsections of said provisions have been redesignated as §§ 6.1—6.11, at the editor's discretion, for purposes of maintaining consistency of subsections within this article.

Towers in the R-1 or R-2 zoning district on parcels of land five (5) acres or less are not permitted by right. Applicants may apply for a special use permit to construct towers, but approval is subject to the Board of Adjustment. Applicants must pay all applicable fees and may incur significant costs to complete an application. The special use permit process may take as long as six (6) months to complete. All items required for the special use permit process must be completed prior to Board review. The special use permit request shall be subject to both the conditions listed in Section 6 of this article, as well as the following additional design standards, application procedures, and provisions for wireless facilities:

7.1.

Towers shall be of the monopole type construction only;

7.2.

Underlying use of the property may be zoned residential R-1, but may not contain a residential dwelling;

7.3.

Tower cannot exceed non-illumination height approval by the FAA;

7.4.

Balloon testing and photographs are required. Notice of testing must be advertised as follows:

Public advertisement shall be placed in a newspaper of general circulation in the County. The notice shall be made in accordance with legal notice posting requirements. Additional notices must be placed in all newspapers with general weekly circulation of more than seven hundred fifty (750) subscribers. Notification shall be published once a week for two (2) successive calendar weeks, with the first notice being published not less than ten (10) days before and not more than twenty-five (25) days before the balloon testing. An affidavit of publication shall be submitted to the Planning Department;

7.5.

A neighborhood meeting, arranged and conducted by the applicant, must be held. The meeting must conform to the following standards:

•

Public advertisement shall be placed in a newspaper of general circulation in the County. The notice shall be made in accordance with legal notice posting requirements. Additional notices must be placed in all newspapers with general weekly circulation of more than seven hundred fifty (750) subscribers. Notification shall be published once a week for two (2) successive calendar weeks, with the first notice being published not less than ten (10) days before and not more than twenty-five (25) days before the neighborhood meeting. An affidavit of publication shall be submitted to the Planning Department;

•

Notification of the meeting via first class mail shall be made to all property owners within two hundred fifty (250) feet of any parcel property lines upon which the application for a communication tower is being made. A certification of mailing and a list of all notified owners shall be submitted to the Planning Department;

•

The meeting shall occur no less than ten (10) miles from the site location and shall be held at a site primarily used for community services and open for public use (community buildings, public safety facilities, churches, etc.) unless otherwise approved by Montgomery County staff;

•

Documentation of the time, date, location, meeting minutes, list of attendees, a transcription of all public comments (written and oral), and a copy of all information presented, disseminated, and/or discussed must be submitted to the Planning Department;

7.6.

The facility site must be accessed by a paved driveway located at an assigned 911 address. Pavement must continue to the perimeter fence gate or at least one hundred (100) feet from the public right-of-way. Access must also meet standard access requirements as detailed in Section 6.6 above;

7.7.

The wireless tower and support structures must be designed with the structural capacity to accommodate at least four (4) wireless carriers;

7.8.

Facility must be landscaped with mature evergreen trees and evergreen shrubs in order to establish a continuous landscape buffer fifteen (15) feet in depth outside of, and along, all perimeter fencing;

8.1.

All requests for a wireless facility and wireless support structure must be made through completion of a Montgomery County Wireless Communication Tower Permit application. The application must be completed in full and must be accompanied by the following items:

•

Detailed site plan;

•

Photographs of a similarly constructed wireless facility and wireless support structure(s);

•

Superimposed imagery of the purposed wireless facility and accessory structures upon existing landscape and aerial phots of the site;

•

Engineered building plans;

•

Copy of information submitted to United States Fish and Wildlife Service;

•

Copy of compliance letter from the State Historic Preservation Office (SHPO) or documentation of non-applicability;

•

Copy of compliance letter with the National Environmental Policy Act (NEPA) or documentation of non-applicability;

•

Statement of potential visual and aesthetic impacts of the proposed wireless facility and wireless support structure on all adjacent residential zoning districts;

•

Copy of the FAA's "Determination of No Hazard Report";

•

Copy of existing system report from the Montgomery County Environmental Health Department;

•

Certificate of insurance with a minimum of one thousand dollars ($1,000.00) in general liability insurance covering any construction or operational liabilities;

•

A letter of intent from a federally licensed wireless carrier including documentation of the carrier's radio licenses demonstrating their ability to broadcast within the limits of Montgomery County.

(Ord. of 4-16-2013, § 6)

9.1.

Whenever the County encounters radio frequency interference with its public safety communications equipment and believes that such interference has been or is being caused by one or more wireless facility and wireless support structures, the following steps shall be taken:

•

The County shall provide notification to all wireless facility and wireless support structure service providers operating in the jurisdiction of possible interference with the public safety communications equipment. Upon such notification, the owners shall use their best efforts to cooperate and coordinate with the County and, among themselves investigate and mitigate the interference. If any, utilizing the procedures set forth in the joint wireless industry-public safety "Best Practices Guide," released by the FCC in February 2001, including the "Good Engineering Practices," which may be amended or revised by the FCC.

•

If any wireless facility and wireless support structure owner fails to cooperate with the County in complying with the owner's obligations under this section or if the FCC makes a determination of radio frequency interference with the County public safety communications equipment, the owner who fails to cooperate and/or the owner of the wireless facility and wireless support structure which caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the County for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the "Best Practices Guide" within twenty-four (24) hours of the County's notification.

9.2.

Once a wireless facility permit is issued, the wireless facility must be constructed as approved. If not so constructed, the Enforcement Officer shall order the wireless facility to be altered in order to achieve compliance with the approved application. If the applicant fails to achieve compliance within thirty (30) days of said notice, the Enforcement Officer shall issue a Violation Letter directing the facility be removed. A fine of not more than fifty dollars ($50.00) per day as any such violation continues as provided by Article I, Section 9.1 of the Montgomery County Zoning Ordinance.

(Ord. of 4-16-2013, § 7)

10.1.

All special use permit requests are subject to the regulations described in Article V of the Montgomery County Zoning Ordinance.

10.2.

Upon the approval of a special use permit by the Montgomery County Board of Adjustment, the wireless facility and wireless support structure and other structures must be completely constructed within twenty-five (25) months from the date of issuance or the permit will be null and voided.