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Home My WebLink AboutNSN ORD-1996-040 Zoning Ordinance Text Amendment - Telecommunication Towers ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 1. 1996 Action Agenda Item#__q-4 SUBJECT: ZONING ORDINANCE TEXT AMENDMENT- Telecommunication Towers Article 4.3 Permitted Use Table Article 8.8.17 Radio and Television Transmitting and Receiving Towers and Elevated Water Storage Tanks(Class B Special Use) . Article 8.8.17a Telecommunication Towers(Special Use Permit requirements) Article 6.3.1 Principal Uses Article 6.18 Administrative Approval of Stealth Telecommunication Towers(new) DEPARTMENT: PLANNING PUBLIC HEARING Yes_X_No BUDGET AMENDMENT REQUIRED Yes X No ATTACHMENT(S): INFORMATION CONTACT: Mary Willis Separate Enclosure- 9/3/96 BOCC Agenda, Item VIII-G Extension 2583 Revisions to Permitted Use Table TELEPHONE NUMBERS: Proposed Amendment Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To consider amendment of Zoning Ordinance provisions relating to telecommunication towers. BACKGROUND: On September 3, 1996, the Board of Commissioners considered action on a proposed Zoning Ordinance Text Amendment related to telecommunication towers. Discussion of the item included: • Concern with proposed Article 6.18, which would allow administrative approval of "stealth' towers up to 160 feet in height; • Questions regarding the proposed changes to the Permitted Use Table (which copied too dark during duplication and could not be read); and 4.3 PERMITTED USE TABLE * = PERMITTED USE A = CLASS A SPECIAL USE (ARTICLE 8) B = CLASS B SPECIAL USE (ARTICLE 8) * Must meet requirements of Article 6.18 in order to be considered a Stealth Telecommunication Tower, w RB AR RI R2 R3 R4 R5 R8 R13 LC1 NC2 CO GC4 EC5 01 El 11 12 13 AS E f 1 D I D P17 B B B B B B B B B B B B B B B B B Receiving T -Owens Elevated Water Storage Tanks P17A Telecommunication Towers $ $ B B B B B B B B B B $ B B B B 199 Feet or Shorter P17B Telecommunication Towers A A A A A A A A A A A A A A A A A 200 Feet or Taller P 17C Stealth Telecommunication Towers 75 Feet or Shorter* P18 Research Lands & Installations, Non - Profit P19 Schools: Elementary, Middle & Secondary P20 Schools: Vocational P21 Schools: Dance, Art & Music * Must meet requirements of Article 6.18 in order to be considered a Stealth Telecommunication Tower, w 5 dl Adequate pr-evisiefi has been a . bt e) if a eefmHul4ratiefis te sed e stmemepA to be =ear. fie--basis-}r-e;ided the additional use ;wuld ne is effem moth the-"plieent's use. The-a "eafft may heRe ---�°ccluirce Pz v irrnni-xxas rbceir irmae tvi the eommuflieati rora 7 (d) If the proposed antenna cannot be accommodated on the existing tower, assess whether the existing tower could be structurally strengthened or whether the antennas transmitters and related equipment could be protected from electromagnetic interference, and generally describe the means and projected cost of shared use of the existing tower;and ! 3. A summary explanation of why proposed facilities cannot be located on any of the existing towers in the search range. e) >;..:,1 ° tli t the ° pl:,,= is 4114ig to lease space its to*&q to edw tel s pr-eN}de>=s, ded-mo o -1. C-epies of a aefiee—seFA by eer4}f}ed- mail to te!eeeffwAw4r.afiea tear=er sew previded-off--ate tower-userste apply €er- spaGe-en the proposed to --r-. fie ! its genefeA +i ! spase (whiek shall be based en reasonable leeal 7 its the tewe_ -2. A eepy of eaems: response meet.reel an the ....hea wt's ter" -rr------- evaluation of the feasibility, ----- the err----- - . to not-4nited te, the fellevAng. s4uetafeA eit�',_:radio requirements, -meEhenisal er- eleetieal inee kiability or -ability to 1 Rent en appr-eved and u4uiltewe s, eest (if f-ees- aid seas-&r Sher-inn °„ta requests r lessee dispwes the r-eJeefiea €er- sled use, then th pf&vide the a r pTahmfien e€-eeeh Fejeeted mspew Fer-Fespensesr r-eJeeted due to '7'QCTB CCSe4 YmiCaCLe , the explafmkien ° r _p 9 d) A Type C Landscape Buffer shall be provided between the tower and adjoining property. Existing vegetation may be removed only to the extent necessary to accommodate the tower, equipment buildings, and support structures such as guy wires. e) SST\7 s4'Retufes'-may be leeated y4gi the fall •se'Re, wlie e)4ends to a fadius of W01%of the o ' f) The site plan shall indicate a location for at least one equipment building in addition to that proposed for use by the applicant. g) Security fencing is provided around the tower base or around the perimeter of the site. h) The telecommunications equipment planned for the proposed tower cannot be accommodated on an existing tower due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of existing and approved towers, considering existing and planned use of those towers and the towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause radio frequency interference with other existing or planned equipment for these towers, and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers do not have space on which the equipment can be placed so it can function effectively and reasonably in parity with similar existing or approved equipment. 4. No tower or other suitable facility exists in an area where the equipment to be placed on the tower will function in its intended manner. i) The communications tower is structurally designed to support at least one additional user, and the Special Use Permit includes a statement that owner of the tower is willing to permit other user(s) to attach communication facilities which do not interfere with the primary purpose of the tower, provided that such other users agree to negotiate a reasonable compensation to the owner from such liability as may result from such attachment. 11 6.3.1 Principal Uses There nl,nlI be as a than one pFi eipa w... „,r__let, ith a eption e ' e There shall be no more than one principal use on any zoning lot except where: a) permitted as part of a Planned Development: or b) the parcel is less than 2 acres in size and non-residential multiple uses are proposed within a single principal structure; or c) One of the use is an nmanned telecommunication tower subject to a year- to-year or other short-term lease. 618 Administrative Approval of Stealth Telecommunication Towers OMMl c New stealth telecommunication towers up to 75 feet in height. which are sufficiently disguised so as to minimize visual impact, may be approved administratively by the Planning Staff provided that all of the provisions contained in Article 8 8 17a are met A new tower may be considered a stealth telecommunication tower if the prim 12=ose of the structure is, or visually appears to be, something other than the support of telecommunications equWment• the =arent p ose is customarily considered as accessory to a use which is allowed in the zoning district; and the structure and its primary use ,comply with the Or nge CounV Zoning Ordinance The_placement of telecommunication equipment on existing structures may be approved administratively provided that the equipment does not extend more than 29 feet above the structure or 10% of the height of the structure whichever is greater, and height and setback limitations of the Zoning Ordinance are met Mr. Moses Carey Page 2 13 (g) A description of aesthetic modifications to the tower the owner is prepared to make to minimize aesthetic intrusion of the tower. (Note that Bell South has designed for Gary a cellular tower to look like a tree. (News and Observer, page 56,8MM). (h) A description of the provisions applicant has made for removing the tower if by reason of changes in technology or for any other reason the need for the tower is outmoded. We also request that any permit granted to use a tower be for some limited term, not more than five years, and that any renewal of the permit be conditioned upon performance satisfactory to Orange County. We further request that the appropriate Orange County officials require as a further condition of granting a permit to erect a tower that the party to whom the permit is granted agree to keep a designated official in Orange County informed at ail times as to the following: (a) Any change of ownership of the tower; (b) Any addition to or removal from the tower of antennas; (c) Any change in the frequencies or transmitting power associated with the tower, (d) Any claims made against the owner arising out of operation of the tower, (e) Any substantial change in the financial condition of the owner of the tower; (f) Any change affecting the structural stability of the tower, (g) A description and copies of any complaints filed against the owner by any Federal or State regulatory agency; (h) A description and copies of any complaints filed against the owner by any party alleging transmissions from the tower as being the cause of damage to the health of a human or wildlife of any kind: and (h) Any change affecting the needs of the owner with respect to the tower. Respectfully yours, ho-e- o cue Eve Olive, President Emerson Waldorf School Board cc; Rosemary Wakbrf, Mayor. Town of Chapel Hill 306 North Columbia Street, Chapel Hill, NC 27516 Mks Nelson, Mayor, Town of Carrboro 301 West Main Street. Carrboro, NC 27510 Horace Johnson, Mayor, Town of Hillsborough 101 East Orange Street, Hillsborough. NC 27278 TOTAL P.e2 IBM 1,317.75 Logical Choice 1,651.00 L Services of Mechanical Engineer Re: HVAC Systems in the Court Street Annex The Board approved the professional services of Gary Merritt, PE for specifications and construction documents necessary for the replacement of the heating and air system in the Court Street Annex for a sum of$6,000 and authorized the Purchasing Director to execute the appropriate paperwork. k. Bid Award -Renovation of Heating System _Central Recreation Building in Hillsborough The Board approved the contract and awarded the bid, contingent upon final review, to Warren-Hay Mechanical Contractors, Inc. for Heating System Renovation work at the Central Recreation Center for a sum of$38,500 and authorized the Chair to sign on behalf of the Board. Other bids were received from Comfort Engineers for$74,929.00 and Quality Mechanical at $62,700. I. Contract Aporoval -Testing Services for Southern Human Services Center Construction Project The Board approved a contract with Trigon Engineering for testing services associated with the Southern Human Services Center construction project in an amount not-to-exceed $22,652.75 and authorized the Purchasing Director to execute the appropriate paperwork. m. Professional Service Contracts -UNC School of Dentistry The Board approved and authorized the Chair to sign the renewal of the contract with the UNC-School of Dentistry, Department of Dental Ecology, for the services of a dental resident to provide dental services in the Health Department. VOTE ON THE CONSENT AGENDA: UNANIMOUS PLANNING BOARD APPOINTMENTS REMOVED FROM THE CONSENT AGENDA Commissioner Gordon nominated Jay Zargoza for the Eno vacancy on the Planning Board . Commissioner Willhoit nominated Nell Andrews for this same position. VOTE: Jay Zargoza - received one vote (Commissioner Gordon ) Nell Andrews - received 4 votes (Commissioners Carey, Crowther, Halkiotis and Willhoit) A motion was made by Commissioner Crowther, seconded by Commissioner Gordon to change Renee Price from an At Large representative to the Hillsborough representative. VOTE: AYES, 3; NOS, 2 (Commissioners Carey and Halkiotis) NOTE: This leaves an AT LARGE position open on this Board and it will be advertised accordingly. 9. ITEMS FOR DECISION - REGULAR AGENDA a. Zonina Ordinance Text Amendment -Telecommunication Towers Planner Mary Willis presented for the Board's consideration of approval an amendment of the Zoning Ordinance provisions relating to telecommunication towers. Concerns had been identified by the County Commissioners at their meeting held on September 3. Mary Willis responded to those concerns. A motion was made by Commissioner Crowther, seconded by Commissioner Willhoit to delete from Section 8.8.17a.2 the words "A bond or other security" and replace with "A letter of credit". VOTE: UNANIMOUS