This Ordinance is designed and intended to balance the interests of the residents of the City of North Charleston, telecommunications providers, and telecommunications customers in the siting of telecommunications facilities within the City of North Charleston so as to protect the health, safety and integrity of residential neighborhoods and foster, through appropriate zoning and land use controls, a competitive environment for telecommunications carriers that does not unreasonably discriminate among providers of functionally equivalent personal wireless services and shall not prohibit or have the effect of prohibiting the provision of personal wireless services, and so as to promote the City of North Charleston as a proactive city in the availability of personal wireless telecommunications service. To that end, this Ordinance shall:

(a)

Provide for the appropriate location and development of telecommunications facilities in the City of North Charleston;

(b)

Protect the City of North Charleston's built and natural environment by promoting compatible design standards for telecommunications facilities;

(c)

Minimize adverse visual impacts of telecommunications facilities through careful design, siting, landscape screening and innovative camouflaging techniques;

(d)

Avoid potential damage to adjacent properties from tower or antennae failure through engineering and careful siting of telecommunications tower structures and antennae;

(e)

Maximize use of any new and existing telecommunications towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the city;

(f)

Encourage use of multi-user telecommunication tower structures as a primary option rather than construction of additional single-use towers; and

(g)

Encourage and promote the location of new telecommunications facilities in areas which are not zoned for residential use.

(Ord. No. 1998-52, 5-28-98)

As used in this ordinance, the following terms shall have the meanings indicated:

(a)

Antenna means any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television, or personal wireless services. For the purposes of this ordinance the term "antenna" does not include any tower and antenna under one hundred (100) feet in total height which is owned and operated by an amateur radio operator licensed by the federal communications commission, any device designed for over-the-air reception of radio and television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service (or any cable television headend or hub towers and antennae used solely for cable television services) .

(b)

Director means the zoning administrator of the City of North Charleston or his/her designee.

(c)

Governing body means the city council for the City of North Charleston.

(d)

Micro telecommunications facilities are those which are located on existing buildings, poles or other existing support structures where antennae do not project more than ten feet (10') above the top of the structure and there are no more than six (6) antennae per site.

(e)

Macro telecommunications facilities are those which are located on existing buildings, poles or other existing support structures and which project more than ten feet (10') above the top of the structure but no more than twenty feet (20') above the roof line, parapet or top of the structure and there are no more than six (6) facility operators per site.

(f)

Monopole tower means a telecommunications tower consisting of a single pole, constructed without guy wires or ground anchors.

(g)

Telecommunications facilities refers to antennae and towers, either individually or together.

(h)

Tower means a structure, such as lattice tower, guy tower, or monopole tower, constructed as a free-standing structure or in association with a building, other permanent structure or equipment, on which is located one or more antennae intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. The term includes microwave towers, common carrier towers, and cellular telephone towers.

(Ord. No. 1998-52, 5-28-98)

The following shall be exempt from this ordinance.

(a)

Any tower and antenna under one hundred (100) feet in total height which is owned and operated by an amateur radio operator licensed by the federal communications commission; or

(b)

Any device designed for over-the-air reception of television broadcast signals, multi-channel multi-point distribution service or direct broadcast satellite service; or

(c)

Any telecommunications facilities located on property owned, leased or otherwise controlled by the City of North Charleston provided a license or lease authorizing the telecommunications facility has been approved by the governing body; or

(d)

Any cable television headend or hub towers and antennae used solely for cable television services.

(Ord. No. 1998-52, 5-28-98)

(a)

In Light Industrial (M-1) and Heavy Industrial (M-2) zoning districts micro and macro telecommunications facilities shall be allowed as a use by right. Telecommunications towers are permitted as a use of right up to a height of two hundred forty (240) feet following design review by the director and approval of a building permit.

(b)

In B-1, CRD and B-2 zoning districts micro and macro telecommunications facilities shall be allowed as a use by right following design review by the director and approval of a building permit. Telecommunications towers are permitted as a uses of right up to a height of one hundred sixty (160) feet following design review by the director and approval of a building permit.

(c)

In Multi-family Residential (R-2), Mobile Residential (R3) and, Office Neighborhood (ON) zoning districts micro and macro telecommunications facilities shall be allowed as a use by right following design review by the director and approval of a building permit. Monopole towers up to a height of one hundred twenty-five (125) feet are permitted as a use of right following design review by and receipt of a building permit from the director.

(d)

In Single-Family Residential (R-1), and Planned Development District (PDD) zoning districts, micro telecommunications facilities shall be allowed as a use as of [as a use of] right on nonresidential structures following design review by the director and approval of a building permit. Macro telecommunications facilities shall be allowed as a special use on nonresidential structures following design review by and receipt of a building permit from the director.

(e)

Telecommunications facilities outside the guidelines listed above may only be built after approval of a variance in accordance with section 7-2 of the Zoning Regulations of the City of North Charleston as well as receipt of a building permit.

(Ord. No. 1998-52, 5-28-98; Ord. No. 1999-13, 2-25-99; Ord. No. 2021-009, Exh. A, 2-25-2021)

(a)

Preferred location sites.

(1)

Co-location sites: Any existing telecommunications towers currently being used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication shall be a preferred location site regardless of the underlying zoning designation of the site, provided, however, that locations which meet this criteria shall be subject to the design and siting components of this ordinance and co-location sites shall not become an "antenna farm" or otherwise be deemed by the director or the governing authority to be visually obtrusive.

(2)

Publicly-used structures: Publicly-used structures are preferred locations throughout the city because they appear in virtually all neighborhoods, are dispersed throughout the city, and due to their institutional or infrastructure uses are generally similar in appearance to or readily adaptable for telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly-used structures than when placed on commercial or residential structures. Publicly-used structures include, but are not limited to, facilities such as police or fire stations, libraries, community centers, civic centers, courthouses, utility structures, water towers, elevated roadways, bridges, flag poles, schools, hospitals, clock or bell towers, light poles and churches.

(3)

Industrial and commercial structures: Wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets. Banks, garages, or service stations shall be Preferred Locations particularly where existing visual obstructions or clutter on the roof or along a roof line can and will be removed as part of the installation of the telecommunications facility.

(4)

Mixed use buildings in high density districts: Mixed use buildings (housing above commercial or other non-residential space) are also preferred location sites.

(b)

Disfavored location sites: Any single-family residential structure or site or multi-family duplex shall be a disfavored site for the location of telecommunications facilities.

(Ord. No. 1998-52, 5-28-98)

(a)

General requirements for all telecommunications facilities: The requirements set forth in this section shall govern the location and construction of all telecommunications facilities governed by this ordinance.

(1)

Building codes and safety standards: To ensure the structural integrity of telecommunications facilities, the owner of a telecommunications facility shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such telecommunications facilities, as amended, from time to time. Owners of telecommunications facilities shall conduct periodic inspections at least once every thirty-six (36) months or as required by the governing body. Inspections shall be conducted by a qualified, independent engineer licensed to practice in South Carolina. The results of such inspection shall be provided to the director.

(2)

Regulatory compliance:

a.

All telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority of regulate telecommunications facilities. If such standards and regulations are changed then the owners of the telecommunications facilities governed by this ordinance shall bring such telecommunications facilities into compliance with such revised standards and regulations within the date established by the agency promulgating the standards or regulations.

(3)

Security: All telecommunications facilities shall be equipped with an appropriate fencing and security measures to prevent unauthorized access to the telecommunications facility.

(4)

Lighting: No illumination is permitted on telecommunications facilities unless required by the FCC, FAA or state or federal agency of competent jurisdiction or unless necessary for air traffic safety. If lighting is required or necessary, the Director may review the available lighting alternatives within the appropriate regulatory guidelines and approve the design that would cause the least disturbance to the surrounding uses and views.

(5)

Advertising: No advertising is permitted on telecommunications facilities. However, antenna may be allowed on any legally permitted permanent billboard or outdoor advertising sign as long as the other requirements of this ordinance are met.

(6)

Visual Impact:

a.

Telecommunications facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color or painted and/or textured to match the existing structure so as to reduce visual obstructiveness.

b.

If an antenna is installed on a structure other than a tower, the antenna and associated 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. Roof-mounted antennas shall be made visually unobtrusive by screening to match existing air conditioning units, stairs, elevator towers or other background.

c.

Where feasible, telecommunications facilities should be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

d.

The proposed tower shall not substantially detract from property listed in the National Register of Historic Places, or from a road or river which has been officially designated as a scenic road or river, or areas designated as protected by any federal agency, state agency or the Governing Body.

e.

Equipment shelters or cabinets shall be screened from public view by using privacy fencing, landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.

(7)

Landscaping:

a.

Landscaping shall be used to screen the view of the telecommunications facility from adjacent public ways, public property or residential property.

b.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost. Significant vegetation shall be defined by section 4-13 of the Zoning Regulations of the City of North Charleston.

c.

The Director may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes, for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms or where an antenna is placed on an existing structure. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas. The landscaping requirement may be modified or waived by the Director.

(8)

Maintenance impacts. Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector of local street, access for maintenance vehicles shall be exclusively by means of the collector or local street.

(9)

Principal, accessory and joint uses:

a.

Accessory structures used in direct support of a telecommunications facility shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility.

b.

Telecommunications facilities may be located on sites containing another principal use in the same buildable area.

(10)

Lot size and setbacks:

a.

The following setback requirements shall apply to all telecommunications facilities, provided however, that the Director may reduce the standard setback requirements of this section if the goals of this ordinance would be better served thereby.

i.

The base of the communications tower shall be located no closer to a residential structure than a distance equal to one foot for each foot in height of the proposed tower. This requirement may be waived by the owner of the residential structure. A communication tower must be located such that adequate setbacks are provided on all sides to prevent the tower's fall zone from encroaching onto adjoining properties (the fall zone shall be determined by an engineer certified by the State of South Carolina in a letter which includes the engineer's signature and seal).

ii.

Towers, guy wires and accessory facilities must satisfy the minimum zoning district setback requirements.

iii.

Telecommunications facilities must be set back from any property line. A sufficient distance to protect adjoining property from the potential impact of telecommunications facility failure by being large enough to accommodate such failure on the site, based on the engineer's analysis required in Section 9-7.

b.

Additional requirements for towers:

(1)

Site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the zoning district as much as possible. Personal wireless telecommunication towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical.

(2)

Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

(3)

At a tower 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 and related facilities to the natural setting and built environment.

(4)

A permit for a proposed communications tower site within one thousand (1,000') feet of an existing tower shall not be issued unless the applicant supplies documentation showing that the existing tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a co-location agreement could not be obtained at a reasonable market rate. Reasonable market rate shall be determined by applicant's providing an average of the lease rates it pays for co-locations sites in Charleston, Berkeley and Dorchester Counties. The rate information shall be deemed a trade secret of applicant and shall be made available to only the director who shall not be allowed to disclose it. The clustering of new Communications Towers on the same parcel near existing towers is encouraged.

(5)

In no case shall a tower be located in the required front yard, back yard or side yard set back in a residential district.

(6)

Towers shall be enclosed by decay-resistant security fencing not less than six (6) feet in height designed to prevent tower access.

(7)

Placement of more than one tower on a lot shall be permitted, provided all setback, design and landscape requirements are met as to each tower and provided tower failure characteristics of the towers on the site will not lead to multiple failure in the event that one fails.

(Ord. No. 1998-52, 5-28-98)

(a)

General application requirements for all building and special use permits. Application for a building permit or special use permit for any telecommunications facility shall be made to the director by the person, company or organization that will own and operate the telecommunications facility. An application will not be considered until it is complete. The following information shall be submitted when applying for a building permit, special use permit or other permit or variance included in this ordinance and must be submitted for an application to be considered complete:

(1)

Basic information.

a.

Site plan or plans to scale specifying the location of telecommunications facilities, transmission building and/or other accessory uses, access, parking, fences, landscaped areas, and adjacent land uses. Applications shall contain both a paper location map and a digitized location map in a format compatible with the GIS software currently utilized by the City of North Charleston Information Technology Services Department.

b.

Landscape plan to scale indicating size, spacing and type of plantings required in section 9-6(A)(7).

c.

A description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personnel needs, equipment needs, and traffic, noise, or safety impacts of such maintenance.

d.

Report from a qualified, independent engineer licensed in the State of South Carolina, documenting the following:

i.

Telecommunications facility height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design;

ii.

Evidence of structural integrity of the tower structure; and

iii.

Structural failure characteristics of the telecommunications facility and demonstration that site and setbacks are of adequate size to contain debris.

e.

The identity of a community liaison officer appointed by the applicant to resolve issues of concern to neighborhoods and residents relating to the construction and operation of the facility. Include name, address, telephone number, facsimile number and electronic mail address, if applicable.

f.

Identification of the geographic service area for the subject installation, including a map showing the site and the nearest or associated telecommunications facility sites within the network. Describe the distance between the telecommunications facility sites. Describe how this service area and this proposed telecommunications facility fit into and are necessary for the service network.

g.

Designation of which location preference, identified in Section V, above, the proposed facility is meeting. If the proposed location is not a preferred location 1 through 4 or is a disfavored site, describe: (a) what good faith efforts and measures were taken to secure each of these preferred location sites; (b) why such efforts were unsuccessful; and (c) how and why the proposed site is essential to meet service demands for the geographic service area and city-wide network.

(2)

Additional information requirements for towers:

a.

If the proposed site is zoned R-1 through R-3 or PDD and there are suitable alternative sites in the M-1, M-2, CRD and B-2 zoning districts, applicants must justify why those suitable alternate sites have not been proposed. The director will review with special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The director shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

b.

Applicants must identify all existing towers within its geographic search area. Applicants must provide evidence of the lack of space on all suitable existing towers to locate the proposed antenna and of the lack of space on existing tower sites to construct a tower for the proposed antenna. If co-location on any such tower would result in less visual impact than the visual impact of the proposed tower, applicants must justify why such co-location is not being proposed. If co-location on any such tower would increase negative visual impact, then the applicant must so state and demonstrate. The director will review with special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The director shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts as the proposed site.

(3)

In order to assist the City of North Charleston in providing a database of approved communications towers, written notification will be provided, by the applicant, to the zoning administrator, on a form approved by the city's MIS director, along with a map showing the site location and coordinates of the approved communications tower, prior to being issued a development permit. The required map shall be provided both in a hard copy and an electronic copy form. The electronic copy shall be submitted on a three and one-half (3-½) inch floppy computer disk. The communications towers locations shall be provided in South Carolina State Plane coordinates (Zone 3900, NAD 83, Feet) where possible. Where South Carolina State Plane references are not available, the spatial data shall be submitted with no specified projection in decimal degrees of longitude and latitude. Failure to submit all required GIS information will prevent a development permit from being issued for the project.

(4)

The applicant must provide any other information which may be requested by the director to fully evaluate and review the application and the potential impact of a proposed telecommunications facility.

[(b)]

Expedited review for building permits only. When a telecommunications facility will be a use as a right pursuant to Section IV of this ordinance and requires only a building permit and design review before it may be erected, the director will expedite review of the application and render a decision on the application within fifteen (15) business days after receipt of a complete application.

[(c)]

Special use permits.

(1)

A request for a special use permit shall be initiated by application to the director and handled in accordance with the special use permit provision of Section _____ of the Municipal Code. The zoning board of appeals may issue a special use permit under this section provided it shall have determined that all of the requirements in Section VI have been satisfied and, further, that the benefits of and need for the proposed tower are greater than any possible depreciating effects and damage to the neighboring properties.

(2)

In granting a special use permit, the zoning board of appeals may impose additional zoning conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed tower or antenna on surrounding properties.

(Ord. No. 1998-52, 5-28-98; Ord. No. 1999-13, 2-25-99; Ord. No. 2000-086, 12-28-00; Ord. No. 2021-009, Exh. A, 2-25-2021)

Applicant and owner shall allow other future personal wireless service companies, including public and quasi-public agencies, using functionally equivalent personal wireless technology to co-locate antennae, equipment and facilities on a telecommunications facility unless specific technical constraints prohibit said co-location or if future companies refuse to pay reasonable compensation for collocation as provided in Section 9-6.A.10 above. Applicant and other personal wireless carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructures and shall provide for equitable sharing of cost in accordance with industry standards.

(Ord. No. 1998-52, 5-28-98)

Appeals from any decision of the director may be taken by any person aggrieved or any official of the city affected by the decision of the director. Such appeal shall be to the zoning appeals board pursuant to Section 7-2 of the municipal code. Any decision by the director or by the zoning appeals board denying a request to place, construct, or modify a telecommunications facility shall be in writing and supported by substantial evidence in a written record.

(Ord. No. 1998-52, 5-28-98)

Telecommunications facilities, including, without limitation, power source, ventilation and cooling, shall be operated at all times within the City of North Charleston Noise Ordinance, shall not be operated so as to cause the generation of heat that adversely affects a building occupant and shall not be maintained or operated in such a manner as to be a nuisance.

(Ord. No. 1998-52, 5-28-98)

All telecommunications facilities shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such facilities. If, upon inspection by the building official, any such telecommunications facility is determined not to comply with the code standards or to constitute a danger to persons or property then upon notice being provided to the owner of the facility and the owner of the property is [if] such owner is different, such owners shall have thirty (30) days to bring such facility into compliance. In the event such telecommunications facility is not brought into compliance within thirty (30) days, the city may provide notice to the owners requiring the telecommunications facility to be removed. The city may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

(Ord. No. 1998-52, 5-28-98)

(a)

Any telecommunications facility that is not operated for a continuous period of six (6) months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it. The owner of a telecommunications facility and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications facility. If such antenna and/or tower is not removed within sixty (60) days of receipt of notice from the city notifying the owner(s) of such abandonment, the city may remove such tower and/or antenna and place a lien upon the property for the costs of removal. The city may pursue all legal remedies available to it to insure that abandoned telecommunications facilities are removed. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

(b)

If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this ordinance as if such tower or antenna were a new tower or antenna.

(Ord. No. 1998-52, 5-28-98)

(a)

All telecommunications facilities operative on May 28, 1998 shall be allowed to continue their present usage as a non-conforming use and shall be treated as a non-conforming use in accordance with Section 4-5 of the city of North Charleston zoning regulations. Routine maintenance, including replacement with a new tower or antenna of like construction and height, shall be permitted on such existing telecommunications facilities. New construction other than routine maintenance shall comply with the requirements of this ordinance.

(b)

A telecommunications facility that has received city approval as of May 28, 1998 in the form of either a building permit or special use exception, but has not yet been constructed or placed in operation shall be considered an existing telecommunications facility so long as such approval is current and not expired.

(c)

Placement of an antenna on a non-conforming structure shall not be considered an expansion of the non-conforming structure.

(Ord. No. 1998-52, 5-28-98)

(a)

Any person who attempts to erect or erects a telecommunications facility covered by this ordinance without having first obtained the necessary building permit, special use permit or variance in the manner provided in this ordinance shall be deemed in violation of this ordinance. Any responsible party or other persons convicted by a court or competent jurisdiction of violating any provision of this ordinance shall be guilty of violating a duly adopted ordinance of the city and shall be punished as provided by Section 1-10 of the North Charleston City Code.

(b)

If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this ordinance or without obtaining that required permits, or if any building, structure or land is used in violation of this article, the city attorney, in addition to any other remedies, may institute proceedings to prevent such unlawful erection, construction, reconstruction, alternation, conversion, maintenance or use or to correct or abate such violations. Each and every day such unlawful erection, construction, reconstruction, alteration, conversation, maintenance or use continues may be deemed a separate offense.

(Ord. No. 1998-52, 5-28-98)

Whenever the governing authority finds that the application of this ordinance would unreasonably discriminate among providers of functionally equivalent personal wireless services or prohibit or have the effect of prohibiting the provision of personal wireless services, a conditional use permit waiving any or all of the provisions of this ordinance may be granted.

(Ord. No. 1998-52, 5-28-98)