§ 6-3-121. Communications towers and antennae.

(a)

Definitions.

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

Communications tower, as used in this chapter, means 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.

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

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.

(b)

Permitted as conditional use. A communications tower and/or antenna may be permitted by the zoning administrator without further review upon determination that all of the applicable conditions in this section are met.

(1)

Districts in which conditional uses are permitted; height limitations.

a.

Permitted height; freestanding or guyed tower.

1.

Residential R-1 through R-7 and RI-1: Freestanding tower with height not exceeding 100 feet is a permitted conditional use; height exceeding 100 feet requires special exception.

2.

Commercial C-1, C-2, C-3, OP-1: Freestanding or guyed tower with height not exceeding 180 feet is a permitted conditional use; height exceeding 180 feet requires special exception.

3.

Industrial I-1 and I-2: Freestanding or guyed tower with height not exceeding 360 feet is a permitted conditional use; height exceeding 360 feet requires special exception.

4.

Development; agricultural AG-1, AG-2, AG-3, RDD: Freestanding or guyed tower with height not exceeding 500 feet is a permitted conditional use; height exceeding 500 feet requires special exception.

5.

Planned development: Tower with height specified in approved plan is permitted under conditions set forth in plan.

b.

Permitted height above structure.

1.

All districts: Tower and/or antenna mounted on building, water tank or structure other than a freestanding or guyed communications tower must not extend more than 30 feet above the highest part of the structure.

c.

Special exceptions and variances.

1.

All districts except planned development: Freestanding or guyed tower and/or antenna exceeding height limitations may be permitted by the zoning board of appeals as a special exception. See requirements for special exceptions in subsection (c) of this section.

2.

All districts: Variances from conditions imposed by this section may not be granted by the zoning board of appeals. Variances from other general district regulations may be granted under standards in S.C. Code 1976 § 6-29-800.

(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 zoning administrator an application accompanied by a fee and the following documents, if applicable:

a.

Specifications. One copy of typical specifications for proposed structures and antennae, including description of design characteristics and material.

b.

Site plan. 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. A site plan is not required if antenna is to be mounted on an approved existing structure.

c.

Tower location map. 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 city.

d.

Antenna capacity; wind load. 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 (latest revision) standards.

e.

Antenna owners. Identification of the owners of all antennae and equipment to be located on the site;

f.

Owner authorization. Written authorization from the site owner for the application.

g.

FCC license. Evidence that a valid FCC license for the proposed activity has been issued.

h.

Visual impact analysis. A line of sight analysis showing the potential visual and aesthetic impacts on adjacent residential districts.

i.

Removal agreement. A written agreement to remove the tower and/or antenna within 180 days after cessation of use. In the event of bankruptcy, it will remain the sole responsibility of the tower's owner to remove the tower along with all appendages.

j.

Conditions met. Evidence that applicable conditions in subsection (b)(3) of this section are met.

k.

Additional information. Additional information required by the zoning administrator for determination that all applicable zoning regulations are met.

(3)

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

a.

Location, visual impact. The proposed communications 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.

Inability to locate on existing structure. 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.

Necessity for location in residential district. 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.

Public property or other private property not suitable. 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.

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

f.

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

g.

Paint; illumination. A communications tower must not be painted or illuminated unless otherwise provided by state or federal regulations.

h.

Distance from existing tower. A permit for a proposed tower site within one mile of an existing tower (regardless of ownership) shall not be issued unless the applicant certified 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.

Indemnity; claim resolution. 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 zoning administrator 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 it's life, at no cost to the municipality, in form approved by the municipal attorney.

j.

Application of zoning regulations. Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, 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.

Minimum setbacks. A tower must be a minimum distance equal to one-half the height of the tower from property designated historic or architecturally significant, and must be set back from all lot lines distances equal to the district setback requirements or 25 percent of the tower height, whichever is greater.

(4)

Appeal to board. Applicant may appeal to the board of zoning appeals as follows:

a.

Time limit for action by zoning administrator on complete application. 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.

Variance. Applicant may appeal to the board of zoning appeals 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 subsection (c) of this section.

c.

Special exception. Applicant may apply directly to the board of zoning appeals for a permit for any tower as a special exception pursuant to subsection (c) of this section.

(c)

Special exceptions. 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. The board of zoning appeals must find and conclude:

(1)

Application; conditions. All application requirements and conditions imposed by subsection (b) of this section for conditional uses are met except height limitations and setbacks.

(2)

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

(3)

Necessity for additional height. 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; additional conditions. Setback requirements and such additional conditions are established by the board of zoning appeals as it deems necessary to remove danger to health and safety, and to protect adjacent property.

(5)

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

(6)

Variance prohibited. The board of zoning appeals 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 subsection(b)(4)b. of this section.

(Ord. No. 25-98, §§ I—III, 11-2-98)