Stoneville City Zoning Code
WIRELESS COMMUNICATION
FACILITIES, RADIO, TV, MICROWAVE OR OTHER TELECOMMUNICATION TOWER
§ 151.150 GENERAL.
The Federal Telecommunications Act of 1996 (FTA) preserves local zoning authority to reasonably regulate Wireless Communications Facilities (WCFs), and WCFs are supportive of the public health, safety, and welfare in that they provide useful portable communication services for personal convenience, business and emergency purposes, the Town Council ordains the following provisions to govern the issuance of special use permits.
(Ord. passed 2-15-2006; Res. R-2021-03, passed 6-24-2021)
§ 151.151 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE TOWER STRUCTURE. Man-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA. Any exterior apparatus designed for telephonic, radio, or television communication through the sending and/or receiving of electromagnetic waves.
FAA. The Federal Aviation Administration.
FCC. The Federal Communications Commission.
FTA. The Federal Telecommunications Act of 1996.
FALL ZONE. The radius around the base of the tower equal to the height of the tower.
GOVERNING AUTHORITY. The approving authority for the tower, the Town Council.
HEIGHT. When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.
TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.
WCF. Wireless Communications Facilities.
(Ord. passed 2-15-2006; Res. R-2021-03, passed 6-24-2021)
§ 151.152 APPLICABILITY.
(A) District height limitations. The requirements set forth in this subchapter shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.
(B) Public property. Antennas or towers located on property owned, leased, or otherwise controlled by the town shall be exempt from the requirements of this subchapter, provided a license or lease authorizing such antenna or tower has been approved by the Town Council after a public hearing and abutting property owners notification. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. The person mailing such notice shall certify that such notices have been mailed.
(C) Amateur radio, receive only antennas. This subchapter shall not govern any tower, or the installation of any antenna, that complies with the height requirement for the district in which it is located and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(D) Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this subchapter shall not be required to meet the requirements of this subchapter, other than the requirements of § 151.153(C) and (F). Any such towers or antennas shall be referred to in this subchapter as "pre-existing towers" or "preexisting antennas."
(Ord. passed 2-15-2006; Res. R-2021-03, passed 6-24-2021)
§ 151.153 GENERAL GUIDELINES AND REQUIREMENTS.
(A) Purpose; goals.
(1) The purpose of this subchapter is to establish guidelines for the siting of towers and antennas.
(2) The goals of this subchapter are to: (i) encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community; (ii) encourage strongly the joint use of new and existing tower sites; (iii) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (iv) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and (v) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
(B) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulation, including but not limited to set-back requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this subchapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
(C) Inventory of existing sites. Each applicant, for an administrative approval or a special use permit, shall provide to the Zoning Administrator an inventory of its existing towers that are either within the jurisdiction of the governing authority or within one-quarter mile of the border thereof, including specific information about the location, height, and design of each tower. Applicants are encouraged to submit an inventory of potential future tower sites within the jurisdiction of the town. The Zoning Administrator may share such information with other applicants applying for administrative approvals or special use permits under this subchapter or other organizations seeking to locate antennas within Rockingham County, provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(D) Aesthetics; lighting. The guidelines set forth in this division shall govern the location of all towers and the installation of all antennas governed by this subchapter; provided, however, that the governing authority may waive these requirements if it determines that the goals of this subchapter are better served thereby.
(1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.
(2) 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 facilities to the natural setting and built environment.
(3) If an antenna is installed on a structure other than a tower, the antenna and supporting 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.
(4) Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
(E) Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this subchapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Changes to the height or lighting requirements would require additional review by the Town Council. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(F) Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the governing authority shall not issue a certificate of occupancy and power will not be permitted until such non-compliances are corrected.
(G) Coverage-need. Need of coverage shall be demonstrated by the wireless provider.
(Ord. passed 2-15-2006; Res. R-2021-03, passed 6-24-2021)
§ 151.154 SPECIFIC DEVELOPMENT GUIDELINES.
(A) Information required. Each applicant requesting a special use permit under this subchapter shall submit a sealed site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professional engineers, showing the following information:
(1) Location and dimensions of all improvements on leased or purchased area;
(2) Information concerning topography;
(3) Property lines of site;
(4) Radio frequency coverage;
(5) Tower height requirements;
(6) Setbacks;
(7) Proposed points of ingress and egress;
(8) Parking;
(9) Fencing;
(10) Landscaping and buffers;
(11) Adjacent uses within 500 feet of the tower fall zone;
(12) Proposed number of telecommunication carriers;
(13) Any other information deemed by the governing authority to be necessary to assess compliance with this subchapter; and
(14) Lease agreement signed by property owners (if applicable).
(B) Factors considered in granting special use permits. The governing authority shall consider the following factors in determining whether to issue a special use permit, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria, if the governing authority concludes that the goals of this subchapter are better served thereby:
(1) Height of the proposed tower;
(2) Proximity of the tower to residential structures and residential district boundaries;
(3) Nature of uses on adjacent and nearby properties;
(4) Surrounding topography;
(5) Surrounding tree coverage and foliage;
(6) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(7) Proposed ingress and egress;
(8) Availability of suitable existing towers and other structures as discussed in division (C) below; and/or
(9) Co-location of other telecommunications carriers as discussed in division (D) below.
(C) Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
(1) No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements;
(2) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;
(3) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;
(4) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;
(5) The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable; or
(6) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(D) Co-location of other telecommunication carriers.
(1) All new towers or structures shall be designed to accommodate multiple carriers. The minimum number of earners will be height dependent based on the following ranges:
(a) One carrier for towers up to 90 feet in height;
(b) Three carriers for towers from 90 to 120 feet in height; and
(c) Five or more carriers for towers over 120 feet in height.
(2) Applicants shall agree to lease space at commercially reasonable rates and shall also make towers available for use by Rockingham County and town emergency service agencies at no charge to the county.
(E) Minimum lot or leased area. Minimum lot or leased area, set aside for the use of a tower facility within the town limits, shall be equal to the minimum lot size for the district in which it is located. Minimum lot or leased area set aside for the use of a tower facility in the extraterritorial jurisdiction (ETJ) shall be no less than the fall zone of the tower and shall include all required buffers and setbacks as required by this subchapter.
(F) Special use districts. Residential Agricultural (RA); Business, Office, and Institutional (B-l); Highway Business (HB); and Industrial (I-1).
(G) Certified supporting information. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(H) Setbacks and separation. The following setbacks and separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the governing authority may reduce the standard setbacks and separation requirements if the goals of this subchapter would be better served thereby.
(1) Tower facilities in the extraterritorial jurisdiction (ETJ). Tower facilities sited in the ETJ of the town must be set back a distance equal to the height of the tower from any residential structure and/or property line. Also, to encourage the construction of monopole structures, monopole towers may have a 20% reduction in the required setbacks. To encourage location of towers in existing forested areas with a minimum depth of 100 feet, the tower may have a 20% reduction in the required setbacks. In no case shall the setback be less than those required for the underlying zoning district. Said setback reductions shall only be allowed upon a professional engineering certification which states that the structure's construction will cause the tower to crumble inward so that in the event of collapse no damage to structures or adjacent zoning lots will result.
(2) Tower facilities within the town limits. Tower facilities shall meet the setback requirements for principal structures of the underlying zoning district in which they are located, provided that the tower facility has professional engineering certification which states that the structure's construction will cause the tower to crumble inward so that in the event of collapse no damage to structures on adjacent zoning lots will result.
(3) Attached antennas. Attached antennas shall meet the setback provisions of the underlying zoning district in which they are located. However, an attached antenna array may extend up to 30 inches horizontally beyond the edge of the attachment structure so long as the antenna does not encroach upon an abutting parcel.
(4) Towers, guys, and accessory facilities. Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.
(I) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the governing authority may waive such requirements, as it deems appropriate.
(J) Landscaping. The following requirements shall be maintained by the applicant and shall apply to all tower facilities and shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the governing authority may waive such requirements if the goals of this chapter would be better served thereby.
(1) New tower facilities. Tower facilities shall be landscaped with a buffer of evergreen plant materials that effectively screens the view of the tower compound from adjacent residential property. The following specifications shall be planted with a minimum landscaped area often feet in depth outside the perimeter of the compound security fence:
(a) One row of evergreen trees six feet in height shall be installed with a maximum spacing of ten feet; and
(b) All plants and trees shall be indigenous to this part of North Carolina and be drought resistant.
(2) Land-form preservation. Existing mature tree growth and natural land-forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. Vegetation that causes interference with antennas or inhibits access to tower facility may be trimmed or removed.
(3) Existing vegetation. Existing vegetation on a tower facility site may be used in lieu of required landscaping when approved by the Zoning Administrator.
(4) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.
(Ord. passed 2-15-2006; Res. R-2021-03, passed 6-24-2021)
§ 151.155 ABANDONED ANTENNAS AND TOWERS, REMOVAL.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 60 days. Applicants shall provide proof of a performance bond for the cost of removal of towers.
(Ord. passed 2-15-2006; Res. R-2021-03, passed 6-24-2021)
§ 151.156 PREFERRED LOCATIONS FOR WIRELESS COMMUNICATION FACILITIES, PERMITTED ADMINISTRATIVE REVIEW.
The following uses may be approved by the Zoning Administrator after conducting an administrative review:
(A) Antenna attachments. Antenna attachments onto existing support structures or onto an attached wireless communication facility shall be permitted by administrative approval subject to the development criteria of § 151.154 and Appendix A.
(B) All lands identified in Appendix A, Wireless Communication Facility Site Recommendations. Antenna attachments or wireless communication facilities with support structures shall be permitted by administrative approval subject to development criteria of § 151.154 and Appendix A.
(C) Existing nonresidential structure. Installing an antenna on an existing nonresidential structure other than a tower (such as a building, sign, light pole, water tower, utility pole, or other free-standing, nonresidential structure) in any commercial or industrial district that is less than 50 feet in height so long as such addition does not add more than ten feet to the height of the existing structure.
(D) Existing towers. Installing an antenna on an existing tower of any height, including a pre-existing tower, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than 20 feet to the height of the existing tower.
(E) Replacing existing structure. Replacing an existing tower which adds no more than ten feet to the overall height of the existing structure with only one replacement allowed.
(F) Existing structures. Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other free standing, nonresidential structure) that is more than 50 feet in height, so long as such addition does not add more than 20 feet to the height of the existing structure.
(G) Other lands. Wireless communication facilities with support structures shall only be permitted on all other lands not identified in Appendix A by means of approval of a special use permit regardless of the zoning district in which it is located. Prior to applying for a special use permit, the applicant shall provide adequate information to establish that lands included in Appendix A cannot be made suitable for wireless communication facility locations.
(Ord. passed 2-15-2006; Res. R-2021-03, passed 6-24-2021)