5.3.3 Public and Civic Use Standards

1. Except in design districts, auditoriums shall not be located adjacent to residential uses.

2. In design districts, auditoriums shall not be permitted in the S2 sub-district of CD or CSD Districts.

Cemeteries, columbaria, and memorial gardens shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. In design districts no new cemeteries shall be allowed.

2. Cemeteries shall not exceed 300 graves in size.

3. Refer to paragraph 7.8.9, Cemeteries, for additional requirements.

Nonprofit clubs or lodges shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. In Residential and PDR Districts:

a. All structures shall be located at least 30 feet from property lines. This distance can be reduced to the yards allowed per Sec. 6.9, Nonresidential and Group Living Development in Residential Districts, if a masonry wall at least six feet high is provided. The wall shall be located outside of the street frontage area and maintain the height limitations pursuant to Sec. 9.9, Fences and Walls.

b. Parking located between the structure and the street shall be set back from the right-of-way beyond the minimum or maximum street yard, as applicable.

2. No outdoor public address systems shall be allowed.

3. Clubs and Lodges shall not be permitted in the S2 sub-district of the CD and CSD Districts.

Correctional facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. In order to accommodate outdoor recreational facilities and to allow for potential building expansion, the site size for facilities located outside the DD District shall be a minimum of one acre in area or the minimum of the zoning district, whichever is larger.

2. Facilities within the DD District have no minimum site area.

3. The facility shall be established at least 650 feet from the nearest property which is residentially zoned or used, except in the DD District where it may be established adjacent to residential uses but shall be a minimum of 650 feet from the DD District boundary.

4. The facility shall not be established within 1,320 feet of a public or private school, day care, or place of worship.

5. Site development shall be in conformance with the landscaping and dimensional requirements of the zoning district.

Child care centers shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The facility shall meet all applicable State requirements for standards, licensing and inspections.

2. In residential districts, parking located between the structure and the street shall be set back from the right-of-way beyond the minimum or maximum street yard, as applicable.

3. The facility shall meet the following space requirements if children are the primary clients of the use:

Shall comply with 10A North Carolina Administrative Code (NCAC) 09.1402, as amended.

Shall comply with 10A North Carolina Administrative Code (NCAC) 09.1401, as amended.

Government facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Following the initial approval of government facilities through the special use permit process, expansions of up to 20% of the area originally approved through the special use permit process pursuant to Sec. 3.9, Special Use Permit, can be approved administratively, unless such administrative approval is explicitly prohibited as a condition of the special use permit.

2. Administrative approvals of expansions of government facilities shall not waive any conditions of approval of the special use permit.

3. In residential districts, parking located between the structure and the street shall be set back from the right-of-way beyond the minimum or maximum street yard, as applicable.

4. In the SRP District, the following shall apply to property used for emergency service facilities such as fire, police, EMS, sheriff, or other similar facilities:

a. The OI District dimensional standards per paragraph 6.10.1, Standards for the CN, OI, and CG Districts, shall apply.

b. The parking limitation in paragraph 6.10.1B.2.a(3) shall not apply.

Museums shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. The site shall have direct access from a street which is adequately sized to accommodate traffic generated by the museum.

2. Museums shall not be permitted in the S2 sub-district of the CD and CSD Districts.

3. In residential districts, parking located between the structure and the street shall be set back from the right-of-way beyond the minimum or maximum street yard, as applicable.

Parks and open areas shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

On sites greater than two acres, the shrub requirements of paragraph 9.8.3B.3, Shrubs, and paragraph 9.8.2B, Vehicular Use Areas Visible from Adjacent Property, shall not apply if the vehicle use areas are located 100 feet or more from property lines, and at least 25% of the total site area is left in natural vegetation.

a. For all structures, picnic areas, playgrounds, and unlighted basketball courts and athletic fields:

(1) Except in Design districts, a 50-foot setback shall be maintained from property lines adjacent to residentially zoned or used property.

Except as required for the incidental building type, a 15-foot setback shall be maintained instead of the required build-to zone in paragraph 16.2.1, Building Placement Standards.

(3) Through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permits, the setback may be reduced to as little as ten feet. In addition to the required findings in paragraph 3.9.8A, General Findings, the applicant shall demonstrate that the proposed design provides for equal or better functionality of the park, focusing on factors including but not limited to, proposed building orientation and location of amenities in relation to neighboring properties, and physical or environmental constraints.

(4) (County Only) In the SRP-C district, the following shall apply instead of paragraph (1) above: A 15-foot setback shall be maintained from property lines, and may be reduced to ten feet pursuant to paragraph (3) above.

b. For lighted facilities such as tennis courts, basketball courts, and athletic fields:

(1) Except in Design districts, a 100-foot setback shall be maintained from property lines adjacent to residentially zoned or used property.

Except as required for the incidental building type, a 30-foot setback shall be maintained instead of the required build-to zone in paragraph 16.2.1, Building Placement Standards.

(3) Through the issuance of a minor special use permit per Sec. 3.9, Special Use Permits, the setback may be reduced with measures used to reduce light and glare onto adjacent residentially zoned or used property. Possible measures include, but are not limited to directional lighting, lower fixture heights, berms, vegetation, and fences. In addition, documentation shall be provided from a registered professional with experience in lighting certifying that the lighting does not exceed 0.5 foot-candle at the property line of adjacent residentially zoned or used properties.

(4) (County Only) In the SRP-C district, the following shall apply instead of paragraph (1) above: A 30-foot setback shall be maintained from property lines, and may be reduced to ten feet pursuant to paragraph (3) above.

Passenger terminals shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Passenger terminals shall not be permitted in the S2 sub-district of the CD and CSD Districts.

Places of worship shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Following the initial approval of a place of worship through the special use permit process, expansions of up to 20% of the area originally approved through the special use permit process pursuant to Sec. 3.9, Special Use Permit, can be approved administratively, unless such administrative approval is explicitly prohibited as a condition of the special use permit.

2. Administrative approvals of expansions shall not waive any conditions of approval of the special use permit.

3. In residential districts, parking located between the structure and the street shall be set back from the right-of-way beyond the minimum or maximum street yard, as applicable.

Schools shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Use permits for public schools shall not be limited as to number of students. Notwithstanding any conditions on existing use permits, public schools may enroll the number of students that they are legally entitled to enroll under State building codes and other applicable State laws.

2. Following the initial approval of schools through the special use permit process, expansions of up to 20% of the area originally approved through the special use permit process pursuant to Sec. 3.9, Special Use Permit, can be approved administratively, unless such administrative approval is explicitly prohibited as a condition of the special use permit.

3. Administrative approvals of expansions of schools shall not waive any conditions of approval of the special use permit.

4. In residential districts, parking located between the structure and the street shall be set back from the right-of-way beyond the minimum or maximum street yard, as applicable.

Broadcast antenna-supporting structures and/or towers, including replacements, which contain antennae/towers that transmit signals for radio and television communications shall be permitted in accordance with the use table in Sec. 5.1, Use Table. They are subject to the requirements of Sec. 3.7, Site Plan Review, Sec. 3.9, Special Use Permit, and the following additional requirements:

1. Any antenna-supporting structure, equipment enclosures and ancillary structures shall meet the setback requirements of the underlying zoning district plus an additional six inches for every one foot of antenna support structure height.

2. The entire antenna-supporting structure or tower and all appurtenances shall be designed pursuant to the wind speed design requirements of ASCE 7-95, including any subsequent modification to those specifications.

3. Any facility shall be illuminated only in accordance with any applicable FAA requirements to provide aircraft obstruction lighting. Any such lighting shall not exceed the minimum FAA requirements and shall incorporate the most unobtrusive design allowed (e.g., white flashing lights are prohibited where red lights and painting are allowed).

4. A landscaped buffer shall surround the base of the broadcast antenna equipment compound. Existing trees and shrubs on the site can be used pursuant to Sec. 9.3, Existing Vegetation Credits for Required Landscaping, or paragraph 9.4.4, Natural Buffers, as applicable. Grading shall be limited only to the area necessary for the new broadcast antenna.

a. If the proposed broadcast antenna is the principal use of the property then landscaping per Article 9, Landscaping and Buffering, shall be applicable. Additionally a buffer equivalent to that required for an Industrial use adjoining a Residential use shall be provided around the broadcast antenna equipment compound in the RR district; and a buffer equivalent to that required for a Light Industrial use adjoining a Residential use around the broadcast antenna equipment compound in all other districts.

b. If the proposed broadcast antenna is to be located in front of an existing structure on the same zone lot, a street buffer shall also be required.

c. On sites in residential districts adjoining public rights-of-way an opaque fence consistent with the requirements of Section 9.9 shall surround the broadcast antenna equipment compound.

5. The only signage that shall be permitted upon an antenna-supporting structure/tower, equipment enclosures, or fence (if applicable) shall be informational, and for the purpose of identifying the antenna-supporting structure, (such as ASR registration number) as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable).

6. New antenna-supporting structures/tower shall be configured and located in a manner that minimizes adverse effects including visual impacts on properties within 300 feet or the proposed height of the tower, whichever is greater, of the property under consideration. The applicant shall demonstrate with specific information that alternate locations including existing towers and buildings, configurations, facility types, mass and scale, height, painting, lighting, and materials have been examined and shall justify the proposed alternatives in terms of effects on properties within 300 feet or the proposed height of the tower, whichever is greater, of the property under consideration.

Utility facilities shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Utility facilities in residential areas or adjoining residential uses shall maintain residential setbacks, be fenced (unless totally enclosed within a structure), and either be screened from view or designed to have a residential appearance.

2. In residential districts, parking located between the structure and the street shall be set back from the right-of-way beyond the minimum or maximum street yard, as applicable.

1. The purpose of this section is to:

a. Minimize the safety and aesthetic impacts of wireless communication facilities (WCFs) on surrounding areas by establishing standards for location, setbacks, structural integrity, and compatibility;

b. Encourage the location and collocation of wireless communication equipment on existing structures thereby minimizing new visual, aesthetic, and public safety impacts; effects upon the natural environment and wildlife; and to reduce the need for additional antenna-supporting structures;

c. Encourage coordination between suppliers of wireless communication services in the City and County of Durham;

d. Regulate in accordance with all federal and State law applicable to wireless communication facilities, including the Telecommunications Act of 1996 and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012; and

e. Protect the unique natural beauty and rural character of the City and County while meeting the needs of its citizens to enjoy the benefits of wireless communications services.

The following shall not be subject to the requirements of this section;

a. Satellite earth stations (satellite dishes).

b. Routine maintenance and/or in-kind replacement on any existing wireless communications facility that does not include the addition of any new antenna elements, feed lines, and/or associated support equipment on the facility or in the equipment compound, or the placement of any new wireless communications facility.

c. A government-owned wireless communications facility, upon the declaration of a state of emergency by federal, State, or local government, and a written determination of public necessity by the City or County designee; except that such facility must comply with all federal and State requirements. No wireless communications facility shall be exempt from the provisions of this section beyond the duration of the state of emergency.

d. Antenna-supporting structures, antennas, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the Federal Communications Commission, unless it qualifies as an eligible facility request.

e. Temporary mobile communication towers pursuant to Sec. 3.12, Temporary Use Permit, and paragraph 5.5.2H, Mobile Communication Tower.

f. Small wireless facilities, or any other wireless communication facility, installed within public right-of-way and specifically regulated through the City Code, or NCDOT, as applicable. However, any references to this Ordinance by the City Code or NCDOT shall be enforceable regulations.

a. WCFs and associated equipment shall be permitted in accordance with the use table in Section 5.1.

b. Grading shall be limited only to the area necessary for the new WCF and equipment compound, and access to the facility.

Unless otherwise indicated below, the following shall apply to any site plan application.

(1) Documentation, sealed by a registered professional engineer with WCF expertise, shall be provided indicating that the new WCF, or modification to an existing WCF, complies with the following. Such compliance shall be maintained throughout the life of the WCF.

(a) That the American National Standards Institute (ANSI) requirements for the proposed improvements are met; and

(b) All applicable building, structural, electrical, and safety codes and with all other laws codifying objective standards reasonably related to health and safety shall be met.

(2) The owner of a freestanding WCF shall maintain general liability insurance for the WCF in the amount of at least $1,000,000; and shall, as part of the original site plan application, site plan amendments, and subsequent modifications, provide documentation sufficient to demonstrate compliance with this requirement.

Lighting shall not exceed the Federal Aviation Administration (FAA) minimum standard. Any lighting required by the FAA shall be of the minimum intensity and the number of flashes per minute (i.e., the longest duration between flashes) allowed by the FAA. Dual lighting standards shall be required and strobe lighting standards prohibited unless required by the FAA. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements.

(a) Commercial messages shall not be displayed on any WCF.

(b) For freestanding WCFs, a warning sign shall be posted and shall include the contact information of the owner of the WCF.

(a) A WCF equipment compound shall not be used for the storage of any excess equipment or hazardous materials, nor be used as habitable space.

(b) No outdoor storage yard(s) shall be allowed in a WCF equipment compound.

A WCF shall not interfere with City and/or County public safety communications, nor shall it interfere with normal radio and television reception.

(a) Documentation shall be provided by an expert in radio frequency interference (RFI) that the proposed WCF, or modification to an existing WCF, will not cause RFI with the City’s and/or the County’s public safety communications equipment.

(b) When a specific WCF is identified as causing radio frequency interference (RFI) with the City’s and/or the County’s public safety communications equipment, the following steps shall be taken:

i. Upon notification by the City and/or County of interference with public safety communications equipment, the owners of the WCF equipment shall utilize the hierarchy and procedures set forth in the Federal Communication Commission’s (FCC) Wireless Telecommunications Bureau’s Best Practices Guide. If the WCF owner fails to cooperate with the City and/or County in applying the procedures set forth in the Best Practices Guide in order to eliminate the interference, then the City and/or County may take steps to contact the FCC to eliminate the interference.

ii. If there is a determination of RFI with the City’s and/or the County’s public safety communications equipment, the party which caused the interference shall be responsible for reimbursing the City and/or County for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the City and/or County to determine the source of the interference.

The current and/or intended wireless service provider(s), as applicable for the application, shall be indicated on the site plan, with documentation provided by the service provider(s).

No facility, structure, or associated equipment shall extend into an existing sidewalk or walkway, trail, driveway, bicycle or other vehicular parking area, or travel lane; or otherwise impede pedestrian or vehicular movement and circulation.

The top of the WCF shall not be more than 20 feet above the facility to which it is attached.

The facility to which the WCF will be attached shall maintain the normal setbacks of the zone.

i. Concealed, attached WCFs, including cables, antennas, and accessory equipment, shall be designed to match the existing structural design and color of the facade, roof, wall, light or utility pole, or any other facility to which it is to be affixed.

ii. Cables, antenna, and accessory equipment not otherwise camouflaged, as prescribed above, shall be hidden from view by installation interior to a supporting building or facility, screened from off-site view, or installed in a location not visible off-site.

Site plan approval is required pursuant to Sec. 3.7, Site Plan Review.

(a) Non-concealed, attached WCFs shall only be allowed on transmission towers, and light or utility poles internal to a site and not visible off-site.

(b) The top of the WCF shall be no more than 20 feet above the facility to which it is attached.

Site plan approval is required pursuant to Sec. 3.7, Site Plan Review.

The collocation of additional wireless facilities on existing, freestanding WCFs shall be consistent with the existing concealment method, if applicable, of the freestanding WCF.

Site plan approval is required pursuant to Sec. 3.7, Site Plan Review.

“Eligible facility requests” and “substantial changes” to existing WCFs shall be regulated as follows:

(1) Site plan approval is required pursuant to Sec. 3.7, Site Plan Review.

(2) For applications that claim “eligible facility request” status for additional height to a freestanding WCF, a fall zone impact analysis shall be provided.

(a) The analysis shall include:

i. A sealed engineering analysis of the fall zone with the additional height.

ii. A sealed survey indicating all primary structures and facilities within the fall zone shall be provided.

iii. A list of active building permits with addresses within the fall zone, or a statement that at time of submittal no building permits were issued within the fall zone.

(b) The analysis shall demonstrate the additional height does not impact primary structures or facilities if the support structure should fail. If the impact analysis demonstrates there are no existing primary structures or facilities, or none pending with an active building permit, within the fall zone with the additional height, then the application shall be considered an “eligible facility request.” Otherwise, the request shall be considered a substantial change.

(3) If an application qualifies as an eligible facility request, the modification shall be allowed with an approved site plan demonstrating compliance with applicable setbacks and the requirements within paragraph 5.3.3N.3.c, Structural, Operational, and Insurance Requirements.

(4) Eligible facility requests can be incremental, but shall not cumulatively result in creating a substantial change to the existing WCF.

Example: If 20 feet is the maximum additional height that can be added to a particular existing tower and maintain eligible facility request status then multiple applications to incrementally increase height can be submitted, so long as the cumulative additional height does not exceed the 20-foot addition maximum.

(5) Measurements for modifications to a WCF in an application that claims an eligible facility request shall be based from the dimensions of the facility as approved prior to February 22, 2012. The measurements for modifications to all WCFs approved on or after February 22, 2012, shall be based from the dimensions of the facility as originally approved and constructed.

(6) Substantial changes shall be held to all applicable Ordinance requirements.

Calculations of height shall include the foundation of the wireless support structure at grade, but exclude lightning rods for the dissipation of lightning, or lights required by the FAA that do not provide support for any antennas.

The maximum height shall be 120 feet.

The maximum height shall be limited to 20 feet above the allowable building height of the underlying zoning district.

The maximum height shall be 180 feet.

The following setback requirements are established to mitigate potential safety and aesthetic impacts upon surrounding properties.

i. Setbacks shall be measured from the base of the wireless support structure.

ii. The minimum setback from each property line shall be 120% of the height of the tower, or 85 feet, whichever is greater. Except in PDR and residential districts, a reduction in the minimum setbacks may be approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

iii. The minimum setback from the centerline of a natural gas line easement for gas lines measuring eight inches in diameter or greater shall be 120% of the height of the tower, or 85 feet, whichever is greater.

A project boundary buffer of at least 60% opacity and minimum 10-foot width, pursuant to the requirements of Sec. 9.4, Project Boundary Buffers, shall surround the base of the WCF equipment compound. Existing trees and shrubs on the site can be used pursuant to Sec. 9.3, Existing Vegetation Credits for Required Landscaping, or paragraph 9.4.4, Natural Buffers, as applicable.

An eight-foot tall, 100% opaque fence or wall, per the requirements of Section 9.9, Fences and Walls, shall surround the WCF equipment compound.

i. Freestanding, concealed and unipole WCFs less than 120 feet in height shall be engineered and constructed to accommodate at least two antenna arrays.

ii. Freestanding, concealed and unipole WCFs from 120 feet to 150 feet in height shall be engineered and constructed to accommodate at least three antenna arrays.

iii. Freestanding, concealed and unipole WCFs above 150 feet in height shall be engineered and constructed to accommodate at least four antenna arrays.

A monopine or faux tree WCF shall be considered concealed if the following criteria are met. If the following criteria are not met, then the proposed WCF will be considered non-concealed for regulatory purposes.

i. The WCF is incorporated within an existing cluster of trees that measures, after any necessary grading or clearing for the facility, at least 1,000 square feet with no individual dimension of less than 25 feet. Minimum tree size and tree protection zone requirements shall be pursuant to paragraphs 8.3.1D.3.a, d, and e, Clusters of Trees.

ii. Any tree protection zone located off-site, for existing on-site trees that will be used to meet paragraph 5.3.3N.4.e(1)(f)i, above, shall be permanently protected through a conservation easement or method that provides similar protection from disturbance.

iii. The tower shall be designed to match a species located within the existing cluster of trees, with the support structure to be designed as a tree trunk and antenna arrays flush-mounted and completely concealed by limbs, branches, and leaves.

iv. Limbs, branches, and leaves shall cover at least the upper 50% of the support structure, and shall cover any of the support structure that extends above the tree line of the cluster of trees.

In addition to applicable site plan review, the following approvals are required:

(a) A minor special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use Permit Approval, shall be required if the proposed WCF is located on a property with residential or PDR zoning, or within 450 feet of property zoned as residential or PDR, and is either:

i. A monopine or faux tree, or unipole, of any height; or

ii. Any other freestanding, concealed WCF above 60 feet in height.

(b) A major special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use Permit Approval, shall be required for any freestanding, concealed or unipole WCF proposed within 300 feet of a designated State of North Carolina Scenic Byway.

i. In all RR and RS-20 districts, freestanding, non-concealed WCFs shall only be permitted on parcels with a minimum lot size of five acres.

ii. Freestanding, non-concealed WCFs shall not be permitted in the RS-8 and RS-10 Districts.

Calculations of height shall include the foundation of the WCF wireless support structure at grade, but exclude lightning rods for the dissipation of lightning, or lights required by the FAA that do not provide support for any antennas.

ii. In the RS-20 District

The maximum height shall be 55 feet.

iii. In the RR District

The maximum height shall be 120 feet.

iv. In All Other Districts Pursuant to Sec. 5.1, Use Table, and the restrictions in paragraph (a) above, the maximum height shall be 180 feet.

The following setback requirements are established to mitigate potential safety and aesthetic impacts upon surrounding properties.

i. The minimum setback of the WCF from each property line shall be 120% of the height of the tower, or 85 feet, whichever is greater. Except in residential districts, a reduction in the minimum setbacks may be approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit.

ii. The minimum setback from the centerline of a natural gas line easement for gas lines measuring at least eight inches in diameter shall be 120% of the height of the tower, or 85 feet, whichever is greater.

(d) Buffers

(e) Fence/Wall

An eight-foot tall, 100% opaque fence or wall per the requirements of Section 9.9, Fences and Walls, shall surround the WCF equipment compound.

Freestanding, non-concealed WCFs shall be limited to monopole-type wireless support structures.

i. Freestanding, non-concealed WCFs up to 120 feet in height shall be engineered and constructed to accommodate at least two antenna arrays.

ii. Freestanding, non-concealed WCFs from 120 feet to 150 feet in height shall be engineered and constructed to accommodate at least three antenna arrays.

iii. Freestanding, non-concealed WCFs above 150 feet in height shall be engineered and constructed to accommodate at least four antenna arrays.

In addition to applicable site plan review, the following additional approval is required.

(a) A minor special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use Permit Approval, shall be required for all freestanding, non-concealed WCFs unless proposed within 300 feet of a designated State of North Carolina Scenic Byway.

(b) A major special use permit pursuant to Sec. 3.9, Special Use Permit, and paragraph 5.3.3N.5, Applications Requiring Special Use Permit Approval, shall be required for any freestanding, non-concealed WCF proposed within 300 feet of a designated North Carolina Scenic Byway.

a. The following shall be required, as applicable, in addition to the findings required pursuant to paragraph 3.9.8A, General Findings, in order for the approving authority (the Board of Adjustment or governing body, as applicable) to approve the special use permit.

(1) Evidence that it is not reasonably feasible to collocate new antennas and equipment on an existing wireless support structure or structures within the applicant’s geographic search ring. Collocation on an existing WCF support structure is not reasonably feasible if collocation is technically or commercially impractical, or the owner of the existing WCF support structure is unwilling to enter into a contract at fair market value.

(2) That the use of existing facilities would prevent the provision of personal wireless services in the area of the City and/or County to be served by the proposed WCF.

(3) In determining whether a WCF is in harmony with the area, and the effects on and general compatibility of a WCF with adjacent properties as specified in paragraph 3.9.8A, General Findings, the approving authority shall consider the aesthetic effects of the WCF as well as factors that mitigate the aesthetic effects.

(a) Documentation of balloon tests and other methodologies used to simulate the height and appearance of the proposed WCF shall be provided by the applicant, along with descriptions of the locations, distances, and vantage points that formed the basis of the simulation(s).

(b) Factors that the approving authority may consider in determining the aesthetic effects of a proposed WCF include:

i. The protection of the view in sensitive or particularly scenic areas and areas specially designated in adopted plans such as unique natural features, scenic roadways, and historic sites;

ii. The concentration of WCFs in the proposed area; and,

iii. Whether the height, design, placement, or other characteristics of the proposed WCF could be modified to have a less intrusive visual impact.

b. The approving authority shall not make a determination on the electromagnetic field (EMF) effects of the WCF on the health of the public, as specified in the third finding in paragraph 3.9.8A, General Findings. Documentation that certifies that the facility meets or exceeds applicable American National Standards Institute (ANSI) standards as adopted by the FCC in order to protect the public from unnecessary exposure to electromagnetic radiation shall be sufficient. This shall not preclude other issues regarding the health, safety, and welfare of the public from being considered in order to satisfy the finding.

A balloon test shall be required for all proposed WCFs that require a special use permit.

(1) The balloon shall be at least three feet in diameter and oblong.

(2) The color of the balloon shall be red or orange.

(3) The test shall be within 50 feet of the proposed location of the WCF tower.

(4) The balloon shall be raised to the height of the proposed WCF and stabilized for windy conditions.

(5) The test shall be done during daylight hours and for at least four consecutive hours.

(6) Weather conditions during the test shall be recorded.

(a) Owners of property within 600 feet of the property under consideration for a proposed WCF site shall be notified in writing by first class mail, at least 14 days prior to the test date. Measurement shall be made from the property lines of the subject property.

(b) The notification shall include:

i. The date, time, and location of the test;

ii. An alternative date and time, as needed;

iii. A map indicating the location(s) of the test(s); and

iv. Contact information for the individual(s) requesting the test.

(c) At least one sign with a minimum dimension of two feet by three feet shall be posted on the site, and be legible and visible along the most prominent right(s)-of-way adjacent to the property of the proposed WCF site. The posting shall be at least 14 days before the test date. The sign shall indicate the purpose, and provide the date and time of the test, the alternate test date and time, and the contact information for the individual(s) requesting the test.

(d) A list of the notified property owners and their properties, a copy of the notification sent to each owner, and affidavits attesting to mailing and sign posting per Ordinance standards shall be submitted with the application for the special use permit.

Technical dimensional requirements shall not prohibit or have the effect of prohibiting the provision of personal wireless services, pursuant to the Telecommunications Act of 1996. Applicants may seek variances, pursuant to the requirements of Sec. 3.14, Variance, to technical dimensional requirements that an applicant claims have the effect of prohibiting the provision of personal wireless services.

Due to the complexity of the methodology or analysis required to review certain applications for a wireless communication facility, review by a third party expert, the costs of which shall be the responsibility of the applicant and in addition to other applicable fees, shall be required for any special use permit or variance application, including all supporting documentation. The third party review shall be submitted as evidence to the Board of Adjustment or governing body, as applicable.

If it is determined by the Planning Department that a WCF has been inoperable for at least six consecutive months, the WCF will be considered abandoned. The owner of the facility shall remove the facility within 90 days of receipt of a notice of abandonment from the Planning Department. After such time has elapsed, if the facility has not been removed, enforcement action pursuant to Article 15, Enforcement, shall commence.

A third-party structural analysis sealed by a registered professional engineer with WCF expertise shall be submitted by the owner of the facility to the Planning Director, or designee, every five years from the date of the issuance of the certificate of compliance for the support structure. The analysis shall certify that the structure has been inspected pursuant to the applicable building and safety codes and is structurally sound. If the required structural certification cannot be provided, the Planning Director shall issue a notice of violation and provide a timeframe to either repair or remove the facility.

Shelters and food pantries or kitchens shall be permitted in accordance with the use table in Sec. 5.1, Use Table, subject to the following:

1. Facilities located within another legally established public or civic use shall not require a minor special use permit.