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HomeMy WebLinkAboutPublic Comment DRAFT Amendment - Telecommunications Update 12-20212021-12 Telecommunications Public Comment Draft 4.2 Allocation of Principal Uses Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Use Standards RA AR R-20S R-20 R-15 R-10 R-7 R-5 RMF-L RMF-M RMF-MH RMF-H PD UMXZ B-1 CB B-2 O&I SC CS AC I-1 I-2 Communication and Information Facilities Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications S* S* S* S* S* S* S* S* S* S* S* S* S* S* SP* SP* SP* SP* SP* SP* SP* P* P* 4.3.3.C 2021-12 Telecommunications Public Comment Draft 4.3.3 Civic and Institutional Uses C. Communication and Information Facilities 1. General Requirements for All Communication and Information Facilities. The following standards shall apply to all communications and information facilities: a. Setbacks The following setback requirements shall apply to all communication and information facilities except for Amateur radio antenna below 90 feet in height, which are exempt from these requirements in accordance with NCGS 160D-905. 1. Residential Districts The minimum setback for wireless facilities located in general residential districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5), multi-family districts, and residentially designated portions of master planned developments shall be a distance equal to the height of the wireless facility, as measured from the base of the wireless facility to the tallest point, including lightning rods or similar appurtenances. 2. All Other Districts The minimum setback for wireless facilities located in all other districts shall be equal to each facility’s engineered fall zone, as established by a letter sealed by a licensed professional engineer certifying that the wireless facility will not exceed the distance specified in the letter should the wireless facility fail. Where an engineered fall zone certification is not submitted, wireless facilities shall be set back a distance equal to the height of the wireless facility, as measured from the base of the wireless facility to the tallest point, including lightning rods or similar appurtenances. Except for amateur radio antenna up to 90 feet, any tower, antenna, or related wireless support structure in any zoning district shall be 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. Certification Required 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 Federal Communications Act, 47 U.S.C. § 332, as amended, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455 (a), in accordance with the rules promulgated by the Federal Communications Commission (FCC), 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 160D-932, the county cannot base its permitting decision on public safety implications of radio frequency emissions of wireless facilities. Concept to incentivize towers in nonresidential districts with reduced setbacks Concept to incentivize towers in nonresidential districts with reduced setbacks 2021-12 Telecommunications Public Comment Draft c. Expert Review Outside experts and disputes are subject to the following provisions: 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 or a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision-making body. 2. If the applicant for a telecommunications facility claims that one 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 applications be reviewed by a qualified engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. d. Signage Signage shall comply with the following standards. 1. Attaching commercial messages for off-site or on-site advertising shall be prohibited. 2. The only signage that is permitted upon an antenna, wireless support structure, equipment cabinet, or fence shall be information and for the purpose of identifying: i. The antenna support structure (such as ASR registration number); ii. The party responsible for the operation and maintenance of the facility; iii. Its current address and telephone number; iv. Security or safety signs; v. Property manager signs for the tower (if applicable); and vi. Signage appropriate to warn the general public as to the use of the facility for radiofrequency transmissions. 2. Amateur Radio Antenna Except for in the I-1 and I-2 districts, Amateur Radio Antenna 90 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. 3. Antenna & Towers Ancillary to the Principal Use Except for in the I-1 and I-2 districts, Antenna & Towers 70 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. 4. Collocations 2021-12 Telecommunications Public Comment Draft a. Wireless collocations attached to existing structures that are not considered non- substantial modifications shall not add more than six feet to the overall height of a structure. b. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of the collocation and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; materials and color (including proposals for steel structures); and illumination. c. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. 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 existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standards, flagpole, bell/clock tower, water tower, or tree. 5. Non-Substantial Modification a. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of non-substantial modification and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; material and color (including proposals for steel structures; and illumination. b. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. 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 existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standard, flagpole, bell/clock tower, water tower, or tree. 6. Other Wireless Communication Facilities including New Wireless Support Structures & Substantial Modifications a. Standards For All New Wireless Support Structures and Substantial Modifications The following standards shall apply to all wireless support structures and substantial modifications: 1. A landscaped buffer with a base width not less than 25 feet and providing 100 percent opacity shall be required within the wireless support structure site to screen the exterior of protective fencing or walls. The base station and equipment compound of the wireless support structure and each guy wire anchor must be surrounded by a fence or wall not less than eight feet in height. 2. All wireless support structures shall be constructed to accommodate collocation. Structures over 150 feet in height shall be engineered to accommodate at a minimum two additional providers. Structures 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider. 3. Equipment compounds shall comply with the following standards: Existing standards (black italics) have been relocated for clarity 2021-12 Telecommunications Public Comment Draft i. 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. ii. Shall not be used as a habitable space. 4. 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 wireless support structure site is located within 10,000 feet of an airport or within any runway approach zone. b. Additional Standards for New Wireless Support Structures and Substantial Modifications Allowed By-Right The following standards shall apply to wireless support structures and substantial modifications allowed by-right: 1. Except in the I-1 and I-2 districts, wireless support structures shall be monopole or unipole construction; guyed or lattice-type towers are prohibited. 2. Except in the I-1 and I-2 districts, all wireless equipment, including any feed lines, antennas, and accessory equipment, must be enclosed in the tower cannister, camouflaged, screened, obscured, mounted flush, or otherwise not readily apparent to a casual observer. c. Additional Standards for New Wireless Support Structures and Substantial Modifications Requiring Special Use Permits Where Special Use Permits are required, all of the following standards shall be applied, and all requirements must be met. Additional conditions may be determined to mitigate negative impacts, and the permit should be approved only if all negative impacts can be mitigated. No reduction in setbacks may be granted for this use for increased buffers. The minimum distance between the wireless support structure and any other adjoining parcel of land or road must be equal to the minimum setback described in Subsection 4.3.3.C.1.a above, plus any additional distance necessary to ensure that the wireless support structure, as designed, will fall within the wireless support structure site. 1. The applicant shall provide evidence that collocating new antennae and equipment on an existing wireless support structure or structures within the applicant’s search ring is not reasonably feasible. For the purposes of this section, collocation on an existing wireless support structure is not reasonably feasible if the collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. 2. The applicant shall conduct a balloon test prior to the submittal of provide simulated photographic evidence of the proposed appearance of the wireless support structure and wireless facilities. The applicant shall arrange to raise a colored balloon no less than three (3) feet in diameter at the maximum height of the proposed wireless support structure. The balloon test shall provide the basis for simulated photographic evidence from four vantage points and a statement Setbacks for all wireless facilities addressed in Subsection 4.3.3.C.1.a Concept to require balloon tests Concepts to address structural and aesthetic design standards Concept to require collocation when feasible, per NCGS 160D-933(c) Existing standards (black italics) have been relocated for clarity 2021-12 Telecommunications Public Comment Draft 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. Wireless support structures shall be monopole or unipole construction; guyed or lattice-type towers are prohibited. 4. All wireless equipment, including any feed lines, antennas, and accessory equipment, must be enclosed in the tower cannister, camouflaged, screened, obscured, mounted flush, or otherwise not readily apparent to a casual observer. 5. Wireless support structures located within general residential districts (RA, AR, R- 20, R-20S, R-15, R-10, R-7, or R-5) shall be required to utilize faux tree stealthing except where a structure is proposed in an area containing such dense existing tree clusters that the structure is not visible from existing single-family or duplex residential uses and/or platted lots located within a general residential district. Faux structures shall be designed to match a species of tree located within the existing cluster of trees in which a structure is proposed. i. A wireless support structure may be exempted from this requirement only by the Board of Commissioners as a condition of approval on the special use permit. ii. 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 existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standards, flagpole, bell/clock tower, water tower, or tree. 6. 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 permit application. Applicants shall meet with Planning and Land Use staff for a preliminary review of proposed appearance in order to assure each facility will impose the least obtrusive visual impact. d. Standards for Nonconforming Wireless Support Structures Any wireless support structure 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 though the wireless support structure and associated equipment may not conform with the provisions of this ordinance for the district in which it is located. Wireless support structures and associated equipment may only be enlarged and/or relocated if the enlarged or relocated wireless support structure: is considered an eligible facilities request, eliminates the need for an additional wireless support structure, provides additional collocation opportunities on the wireless support structure, or provides additional antenna space on the wireless support structure; and provided further than Concept to require faux tree stealthing where applicable in general residential districts Concepts to address structural and aesthetic design standards 2021-12 Telecommunications Public Comment Draft the enlargement and/or relocation shall be in conformance with the following regulations and design limitations: 1. Wireless support structure height may not be increased by more than 10 percent of the originally constructed structure height, except where either of the following is applicable: i. The district in which the wireless support structure is located would allow the increase by right, or ii. The wireless support structure was originally permitted as a special use permit and applicant obtains a special use permit modification, as described in UDO Section 10.3.5 Special Use Permit. 2. A wireless support structure 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 setbacks does not exceed 10 percent of the originally constructed structure height and the relocated structure is sited to minimize any increase in the existing nonconformity. Any request to reconstruct and relocate the structure where the resulting decrease in setback exceeds 10 percent of the originally constructed structure height shall require a special use permit or special use permit modification, as described in UDO Section 10.3.5, Special Use Permit.