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04-2013 April 26 2013 PB Work Session Agenda Package NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE, SUITE 110 WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053 AGENDA New Hanover County Planning Board Work Session April 26, 2013 9:00-11:00 Finance Conference Room 500 1. Call to Order Richard Collier 2. Zoning Ordinance Text Amendments Staff a. Administrative Review of Minor Changes, Sections 71; 112-7 b. Telecommunication Facilities, Section 63.5 c. Residential Zoning in Airport Industrial Districts 3. Discussion: Bicycle and Pedestrian Facilities in Commercial Staff Districts or Uses and Street Yard Requirements in Commercial Districts or Uses 4. Planning Board Motions Sharon Huffman 5. Review of Conditional Use District/Conditional Zoning District Staff Requirements 6. Update: New Hanover County Comprehensive Plan Staff Staff will provide an update on the County’s effort to create a Comprehensive Plan. 7. Adjourn Richard Collier Chris O’Keefe, AICP Planning & Inspections Director Dennis Bordeaux Inspections Manager Shawn Ralston Planning Manager Section 71: Special Use Permits Issued by the Board of County Commissioners 71-1: General Requirements (9) The original applicant(s), their successors or their assignee may make minor changes in the location and/or size of structures provided the necessity for these changes is clearly demonstrated. Minor changes shall be reviewed by the Planning and Inspections Department and upon favorable recommendation by the Planning and Inspections Director may be approved by the Superintendent of Inspections Zoning Administrator. Such approval shall not be granted should the proposed revisions cause or contribute to: (A) A change in the character of the development. (B) A change of design for, or an increase in the hazards to pedestrian and vehicle traffic circulation, or (C) A reduction modification in the originally approved setbacks from roads and/or property lines exceeding ten percent. (5/4/81) Section 112-7: Administrative Review (1) Minor changes made to an approved Conditional Zoning District, Conditional Use District, Exceptional Design Zoning District, Planned Development District, or Riverfront Mixed Use District shall be considered in the same manner as that used for Special Use Permits as set forth in Section 71-1(9). (2) Any request for a change to an approved Conditional Zoning District, Conditional Use District, Exceptional Design Zoning District, Planned Development District, or Riverfront Mixed Use District that does not qualify as a minor change under the provisions of Section 71-1(9) of the Zoning Ordinance shall be submitted as a new zoning map amendment application. 1 Section 23: Definitions Antenna- Communications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communication services. Tower- A lattice-type structure, guyed or freestanding, that supports one or more Antennas. Section 63.5-1: Telecommunication Communication Facilities, Cellular and Related Towers (1/4/10) These facilities may be located by right in the I-1 and I-2 Districts and by special use permit in all other zoning districts. In addition, All these facilities shall be subject to the following: (A) Except for amateur radio antenna up to 90 feet, any tower, antenna or related structure in any zoning district shall set back from any existing residential property line or residential zoning district boundary a distance equal to the height of the tower as measured from the base of the tower. In no case shall the setback for any tower, antenna or related structure be less than 50 feet. (B) All towers shall be constructed to accommodate collocation. Towers over 150 feet in height shall be engineered to accommodate at a minimum two additional providers. Towers 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider. (C) All applicants seeking approval shall also submit a written affidavit from a qualified person or persons, including evidence of their qualifications, certifying that the construction or placement of such structures meets the provisions of the Telecommunications Act of 1996, the National Environmental Policy Act of 1969, FCC Rules Sections 1.1311, 1.1312, 1.1307 and all other applicable federal, state and local laws. The statement must certify that radio frequency emissions from the antenna array(s) comply with the FCC standards. The statement shall also certify that both individually and cumulatively the proposed facilities located on or adjacent to the proposed facility will comply with current FCC standards. In accordance with NCGS 153A-349.52(a), the County cannot base its permitting decision on public safety implications of radio frequency emissions of wireless facilities. (D) Cellular and PCS antennas attached to existing structures shall not add more than six feet to the overall height of a structure. (10/02) 2 (E) Signage: 1. Attaching commercial messages for off-site or on-site advertising shall be prohibited. 2. The only signage that is permitted upon a tower, antenna support structure, equipment cabinet, or fence shall be informational, and for the purpose of identifying (1) the antenna support structure (such as ASR registration number); (2) the party responsible for the operation and maintenance of the facility; (3) its current address and telephone number; (4) security or safety signs; (5) property manager signs for the tower (if applicable); and (6) signage appropriate to warn the general public as to the use of the facility for radiofrequency transmissions. (B)(F) The applicant shall submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards and to resolve issues of concern, including required lighting, possible transmission interference or other conflicts when the proposed tower site is located within ten thousand (10,000) feet of an airport or within any runway approach zone. (E) Where Special Use Permits are required, all of the following standards, in addition to those listed above shall be applied, and all requirements must be met. Additional conditions may be determined to be necessary to mitigate negative impacts, and the permit should be approved only if all negative impacts can be mitigated. No reductions in setbacks may be granted for this use under Section 62.1-4 of this ordinance. 1. (A) The minimum distance between the tower and any other adjoining parcel of land or road must be equal to the minimum setback described above, plus any additional distance necessary to ensure that the tower, as designed, will fall within the tower site. 2. (B) The applicant shall provide simulated photographic evidence of the proposed appearance of the tower from four (4) vantage points and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation shall include overall height; configuration; physical location; mass and scale; materials and color (including proposals for stealth structures); and illumination. 3. (C) Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Attached stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an 3 existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as church steeple, windmill, silo, light standard, flagpole, bell/clock tower, water tower, or tree. 4. (D) The proposed appearance of concealed or non-concealed facilities shall be evaluated for compatibility with the surrounding community prior to submission of the special use application. Applicants shall meet with Planning staff for a preliminary review of proposed appearance in order to assure each facility will impose the least obtrusive visual impact. (F) (E) A landscaped buffer with a base width not less than 25 feet and providing 100% opacity shall be required within the tower site to screen the exterior of protective fencing or walls. The base of the tower and each guy wire anchor must be surrounded by a fence or wall not less than 8 feet in height. (G)(F) All applicants seeking approval for the construction of any new towers, antennas, and related structures shall submit written evidence in the form of a report to demonstrate that collocation on any existing tower, antenna or usable structure in the search area for the new tower is not reasonable or possible. Technical data in the report shall include certification by a Registered Professional Engineer licensed in the State of North Carolina or other qualified professional, whose qualifications shall be included, regarding service gaps or service expansions that are addressed by the proposed telecommunication tower and accompanying maps and calculations demonstrating the need for the proposed tower. A map showing the search ring and an inventory of all structures investigated for co-location shall be included as well as a radio frequency analysis indicating the coverage of existing wireless communications sites, coverage prediction, and design radius, together with a certification from the applicant’s radio frequency (RF) engineer that the proposed network design is intended to improve coverage or capacity potential or reduce interference and the proposed facility cannot be achieved by any higher ranked alternative such as a concealed (stealth) facility, attached facility, replacement facility, co- location, or new antenna support structure. (H)(G) All towers shall be constructed to accommodate collocation. Towers over 150 feet in height shall be engineered to accommodate at a minimum two additional providers. Towers 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider. 4 (I)(H) All applicants seeking approval shall also submit a written affidavit from a qualified person or persons, including evidence of their qualifications, certifying that the construction or placement of such structures meets the provisions of the Telecommunications Act of 1996, the National Environmental Policy Act of 1969, FCC Rules Sections 1.1311, 1.1312, 1.1307 and all other applicable federal, state and local laws. The statement must certify that radio frequency emissions from the antenna array(s) comply with the FCC standards. The statement shall also certify that both individually and cumulatively the proposed facilities located on or adjacent to the proposed facility will comply with current FCC standards. In accordance with NCGS 153A-349.52(a), the County cannot base its permitting decision on public safety implications of radio frequency emissions of wireless facilities. (J)(I) Any tower and associated equipment which was lawfully constructed under the terms of the Ordinance, which is now considered a nonconforming improvement, may continue or be reconstructed as a conforming improvement even through the tower and associated equipment may not conform with the provisions of this Ordinance for the district in which it is located. Towers and associated equipment may only be enlarged and/or relocated if the enlarged or relocated tower eliminates the need for an additional tower, provides additional collocation opportunities on the tower, or provides additional antenna space on the tower; and provided further that the enlargement and/or relocation shall be in conformance with the following regulations and design limitations: 1. Tower height may not be increased by more than 15% of the originally constructed tower height. Increases in height greater than 15% will require a variance from the Board of Adjustment. 2. A tower shall be allowed to be reconstructed and relocated within the boundaries of the property on which it is located so long as the decrease in the setback does not exceed 15% of the originally constructed tower height and the relocated tower is sited to minimize any increase in the existing nonconformity. Any request to reconstruct and relocate the tower where the resulting decrease in setback exceeds 15% of the originally constructed tower height shall require a variance from the Board of Adjustment. (8/4/97) 5 (K)(J) Cellular and PCS antennas attached to existing structures shall not add more than six feet to the overall height of a structure. (10/02) (L)(K) Signage: 1. Attaching commercial messages for off-site or on-site advertising shall be prohibited. 2. The only signage that is permitted upon a tower, antenna support structure, equipment cabinet, or fence shall be informational, and for the purpose of identifying (1) the antenna support structure (such as ASR registration number); (2) the party responsible for the operation and maintenance of the facility; (3) its current address and telephone number; (4) security or safety signs; (5) property manager signs for the tower (if applicable); and (6) signage appropriate to warn the general public as to the use of the facility for radiofrequency transmissions. (M)(L) Equipment Compound: 1. Shall not be used for the storage of any equipment or hazardous waste (e.g., discarded batteries) or materials not needed for the operation. No outdoor storage yards shall be allowed in a tower equipment compound. 2. Shall not be used as habitable space. (K)(I) Outside Experts and Disputes 1. Siting of telecommunications facilities may involve complex technical issues that require review and input by outside experts. Staff may require the applicant to pay the reasonable costs of a third-party technical study of a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision- making body. 2. If an applicant for a telecommunications facility claims that one (1) or more standards of this Ordinance are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision-making body may require that the application be reviewed by a qualified engineer for a determination of 6 the accuracy of such claims. Any costs shall be charged to the applicant. (L)(J) The applicant shall submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards and to resolve issues of concern, including required lighting, possible transmission interference or other conflicts when the proposed tower site is located within ten thousand (10,000) feet of an airport or within any runway approach zone. Section 72-46: Telecommunications, Communication Facilities, Cellular and Related Towers Facilities located in a PD, R-20S, R-20, R-15, R-10, R-7, B-1, B-2, O&I, AR, AI, SC, and an RA require a special use permit and are subject to all design requirements described in Section 63-5.1. 1 Special Use Permits Allow certain property uses in zoning districts where they would not otherwise be acceptable by minimizing negative effects on surrounding properties Can recommend conditions to assure the use will be harmonious with the area and meets the intent of the ordinance Quasi-judicial proceeding Petitioner and opponents allowed a total of 20 minutes for each side (15 minutes each for presentations and 5 minutes each for rebuttals) Planning Board can recommend approval if find the following: 1. That the use will not materially endanger the public health or safety if located where proposed and approved; 2. That the use meets all required conditions and specifications; 3. That the use will not substantially inure the value of adjoining or abutting property, or that the use is a public necessity; and 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located an in general conformity with the plan of development of New Hanover County. Regardless of Planning Board recommendation, the application will proceed to the next regularly scheduled County Commissioners meeting Straight Rezoning Rezones a section of the County to a different zoning district All uses designated as permitted uses for that zoning district would be allowed Cannot recommend conditions Can be requested by an interested party or the County (Commissioners, staff, etc.) Petitioner and opponents allowed a total of 20 minutes for each side (15 minutes each for presentations and 5 minutes each for rebuttals) If rezoning is approved by Planning Board, it will automatically be heard by the Commissioners. If the Planning Board votes to deny the rezoning, the Petitioner may appeal to the Board of Commissioners. Conditional District Rezoning Rezoning request where use is tied to a site-specific development plan 2 step process: must first consider the rezoning request and then the special use permit tied to the request Can recommend conditions Can be requested only by the owners of the real property 2 Petitioner and opponents allowed a total of 20 minutes for each side (15 minutes each for presentations and 5 minutes each for rebuttals) If rezoning is approved by Planning Board, it will automatically be heard by the Commissioners. If the Planning Board votes to deny the rezoning, the Petitioner may appeal to the Board of Commissioners. Conditional Zoning Rezoning that requires a site specific development plan but does not require a special use permit Can recommend conditions Petitioner and opponents allowed a total of 20 minutes for each side (15 minutes each for presentations and 5 minutes each for rebuttals) If rezoning is approved by Planning Board, it will automatically be heard by the Commissioners. If the Planning Board votes to deny the rezoning, the Petitioner may appeal to the Board of Commissioners.