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

Communications tower (tower) as used 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, water tank, etc. "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.

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

Editor's note— Ord. No. 98-001, § 26-101, adopted 3-23-1998, added provisions to the code, but did not specify manner of inclusion. At the request of the town, said provisions have been codified as Section 26-101, as set out herein.

(Ord. No. 98-001, 3-23-1998)

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

(1)

Districts in which conditional uses are permitted; height limitations.

(2)

Application 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 Town of Pelzer an application accompanied by the following document(s), if applicable:

(a)

One copy of typical specifications for proposed structure(s) and antennae, including description of design characteristics & materials.

(b)

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 land uses on adjacent property [site plan not required if antenna is to be mounted on an approved existing structure].

(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 town.

(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 standards, latest revision.

(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 a stated time period after cessation of use.

(j)

Additional information required by the Town of Pelzer (or Zoning Administrator) for determination that all applicable regulations are met.

(k)

Evidence that applicable conditions in subsection (c) are met.

(3)

Conditions. Applicant must show that all applicable conditions are met.

(a)

The proposed 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.

(c)

Applicant for a permit in a residential district must show that the area cannot be adequately served by a facility placed in a non-residential district for valid technical reasons.

(d)

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 occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements.

(e)

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

(f)

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

(g)

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

(h)

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.

(i)

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 Town of Pelzer 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 municipal attorney.

(j)

Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sigh, 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.

(k)

A tower must be a minimum distance equal to one-half the height of the tower from any property designated historic or architecturally significant. No other setbacks are indicated.

(l)

Prior to issuing a permit, the Town of Pelzer may make use of technical services of the Municipal Association of South Carolina to determine that the standards in subsections (3)(b), (3)(c), (3)(d), (3)(e), (3)(g), and (3)(h) of Section 26-102 of this article are met.

(4)

Appeal to Board. Applicant may appeal to the Board of Zoning Appeals as follows:

(a)

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 applicant to be a denial of a permit which is subject to appeal to the Board of Zoning Appeals.

(b)

Applicant may appeal to the Board for a variance from general zoning district regulations and setback requirements in this section, but not from any other conditions in this section. Towers exceeding height limitations may be permitted only by special exception pursuant to Section 26-103.

(c)

Applicant may apply directly to the Board for a permit for any tower as a special exception pursuant to Section 26-103.

Editor's note— Ord. No. 98-001, § 26-102, adopted 3-23-1998, added provisions to the code, but did not specify manner of inclusion. At the request of the town, said provisions have been codified as Section 26-102, as set out herein.

(Ord. No. 98-001, 3-23-1998)

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

(1)

All application requirements and conditions imposed by Section 26-102 of this article for conditional uses are met except height limitations and setbacks.

(2)

If additional tower height is requested, total tower height will not exceed 150 percent of maximum height permitted in the district as a conditional use.

(3)

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 and such additional conditions are established by the Board as it deems necessary to remove danger to health and safety, and to protect adjacent property.

(5)

Prior to approving a permit by special exception or on appeal from action of the Zoning Administrator on an application for a conditional use, the Board shall make use of technical services of the Municipal Association of South Carolina to determine that the standards in subsections (3)(b), (3)(c), (3)(d), (3)(e), (3)(g), and (3)(h) of Section 26-102 are met.

(6)

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

(7)

The Board 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 Section 26-102(4).

Editor's note— Ord. No. 98-001, § 26-103, adopted 3-23-1998, added provisions to the code, but did not specify manner of inclusion. At the request of the town, said provisions have been codified as Section 26-103, as set out herein.

(Ord. No. 98-001, 3-23-1998)