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7.46 Wireless Communication Facilities for Transmitting and Receiving Electronic Signals

When allowed, such WCFs and associated equipment shall be subject to the following additional requirements:

Purpose
The purpose of this section is to:
1. Minimize the impacts of wireless communication facilities on surrounding areas by establishing standards for location, structural integrity and compatibility.
2. Encourage the location and colocation 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.
3. Encourage coordination between suppliers of wireless communication services in the City and County of Durham.
4. Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless service or to prohibit or have the effect of prohibiting personal wireless service in the City and County.
5. 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.
6. Encourage the use of public lands, buildings and structures as locations for wireless telecommunications infrastructure as a method to establish a precedence of quality concealment products that will minimize the aesthetic impact of related infrastructure which generating revenue for the City or County.
Siting Alternatives Hierarchy
Siting of a Wireless Communications Facility (as defined in Section 2.2) shall be in accordance with the following siting alternatives hierarchy:
1. Concealed Attached Wireless Communications Facility.
  1. On City or County-Owned property.
  2. On other publicly owned property.
  3. On privately owned property.
    
    Concealed Antenna
    
    Concealed Equipment Units - Concealed Antenna
    
    Concealed Antenna
2. Colocation or Combining on Existing Antenna Supporting Structure Facility
  1. On City or County-Owned property.
  2. On other publicly owned property.
  3. On privatelyowned property.
3. Freestanding Concealed or Non-concealed Wireless Communications Facility
  1. On City or County-Owned property.
  2. On other publicly owned property.
  3. On privately owned property.
Concealed Freestanding

The order of ranking preference, from highest to lowest, shall be 1, 2, and 3, and within each of these preferences, a, b, and c. Where a lower ranked alternative is proposed, the applicant must file relevant information as ,indicated in 7.46.5, including, but not limited to an affidavit by a radio frequency engineer demonstrating that despite diligent efforts to adhere to the established hierarchy within the Geographic Search Area, higher ranked options are not technically feasible, practical or justified given the location of the proposed wireless communications facility and the existing uses of the subject and surrounding properties within 300' of the subject property. Where a freestanding WCF is permitted, the applicant must file relevant information as indicated in 7.46.F.3 and demonstrate higher ranked options are not technically feasible, practical or justified given the location of the proposed wireless communications facility, and the existing land uses of the subject and surrounding properties within 300' of the subject property.
Exemptions
1. Non-commercial, amateur radio antennas, non-commercial, amateur, ham radio or citizen's band antenna supporting structures, antennas or antenna arrays with heights greater than as provided for in Standards for Amateur Wireless Facilities shall be regulated in accordance with Standards for Wireless Communication Facilities.
2. Satellite dish antennae.
3. Regular maintenance and/or upgrade of antenna elements of any existing wireless communications facility that does not include the addition of any new antenna elements, feed lines and associated support equipment on the facility or the placement of any new wireless communications facility.
4. 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 division beyond the duration of the state of emergency.
5. Antenna supporting structures, antennas and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the Federal Communications Commission shall be regulated in accordance with Standards for Broadcast Antenna found elsewhere in Section 7.

Uses by Zoning District.

Except as provided in subsections 2 or 3 below, no wireless communications facility shall be allowed in a particular zoning district except in accordance with the following table.

Zoning District*	Con-cealed	Colocation or Combining on Existing	Non-concealed Attached	Mitigation of Existing	Concealed	Non-Concealed WCF
RD	P	P	P*	P	DRB	MSP
R-20	P	P	P*	P	DRB	MSP
R-15	P	P	P*	P	DRB
R-10	P	P	P*	P	DRB
R-8	P	P	P*	P	DRB
R-5	P	P	P*	P	DRB
R-3	P	P	P*	P	DRB
RM	P	P	P*	P	DRB
RM-CN	P	P	P*	P	DRB
PDR	P	P	P*	P	DRB
MU	P	P	P*	P	DRB	MSP
O&I-1	P	P	P*	P	DRB
O&I-2	P	P	P*	P	DRB
NC	P	P	P*	P	DRB
SC	P	P	P*	P	DRB
GC	P	P	P*	P	DRB
CBD	P	P	P*	P	DRB
CT	P	P	P*	P	DRB
I-1	P	P	P	P	DRB	MSP
I-2	P	P	P	P	DRB	MSP
I-3	P	P	P	P	DRB	MSP
UC	P	P	P*	P	DRB	MSP
RSCH	P	P	P*	P	DRB	MSP
RAD	P	P	P*	P	DRB	MSP

* Non-concealed attached WCFs shall only be allowed on transmission towers and light stanchions subject to approval of the Planning Director.

P - Permitted

DRB - Development Review Board

MSP - Minor Special Use Permit

All proposed WCFs within 300' of a designated State of North Carolina Scenic Byway, regardless of type or height, shall be subject to a Major Special Use Permit.
In the RD and R-20 districts, non-concealed, freestanding Wireless Communications Facilities shall only be permitted on parcels with a minimum lot size of five acres.

General Development Standards
1. Commercial messages shall not be displayed on any WCF. Violations shall be considered zoning violations and shall be corrected under the enforcement provisions of Section 20.
2. Any applicant for facilities under this section shall certify that such proposed facility will comply with all applicable federal regulations regarding interference protection, including but not be limited to adjacent channel receiver [blanket] overload, and intermodulation distortion.
3. Lighting shall not exceed the Federal Aviation Administration [FAA] minimum standard. Any lighting required by the FAA shall be of the minimum intensity and number of flashes per minute (i.e. the longest duration between flashes) allowed by the FAA. Dual lighting standards shall be required and nighttime strobe light standards are 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.
4. WCFs shall be constructed and maintained in conformance with all applicable building code requirements.
5. The wireless communication facility equipment compound shall not be used for the storage of any excess equipment or hazardous materials, nor be used as habitable space. No outdoor storage yards shall be allowed in a WCF equipment compound.
6. In order to protect the public from unnecessary exposure to electromagnetic radiation, the WCF applicant shall certify through a written statement that the facility meets or exceeds current American National Standards Institute [ANSI] standards as adopted by the FCC. In certain allowed districts, all non-concealed WCFs of 199' feet or less shall require that a Minor Special Use Permit be granted by the Board of Adjustment. The Board of Adjustment may consider reductions to the setback requirements for such WCF as a part of the Minor Special Use Permit approval.
7. Dimensions: When permitted a WCF shall conform to the following dimensional requirements:
  1. Height:
    Attached WCF: the top of the WCF shall not be more than 20' above the building. The building or structure shall maintain the normal setbacks of the zone.
    
    Freestanding: (Includes foundations and excludes lighting rods for purposes of dissipation of lighting, or lights required by the FAA that do not provide any support for antennas), in RD or R-20 zones the maximum height shall be 120'. In all other residential zones [concealed freestanding only] the maximum height shall be limited to 25' above the allowable building height of the underlying zoning district. In all nonresidential zones the maximum height shall be 199'.
    
    Mitigation of an existing WCF: The height of a WCF approved as mitigation shall not exceed 115% of the height of the tallest WCF that is being mitigated to a maximum of 199'.
  2. Setbacks:
    Concealed freestanding and attached WCF: In Residential zones the WCF shall be subject to the setbacks of the underlying zoning district and shall not be any closer to an adjoining property line than the proposed facility is to any dwelling unit on the property on which it is proposed to be located. In all other zones setbacks shall be subject to the underlying zoning district.
    
    Non-concealed freestanding and attached WCF: Subject to the underlying zoning district plus an additional six inches for every one foot of tower height.
    
    Mitigation of an existing WCF: A new WCF approved as mitigation shall not be required to meet setback standards so long as the new WCF is no closer to any property lines or dwelling units as the WCF being mitigated.
  3. Buffers:
    If the proposed WCF is the principal use of the property then landscaping per Section 10 shall be applicable. Additionally a Class 5 buffer shall be provided around the WCF Equipment Compound for freestanding non-concealed WCF in RD and R-20 zones; and a Class 3 buffer around the WCF Equipment Compound in all other zones. Existing trees and shrubs on the site should be preserved and may be used in lieu of required landscaping where approved by the Planning Director. Grading shall be minimized and limited only to the area necessary for the new WCF.
    
    If the proposed freestanding nonconcealed WCF is not a principal use of the property, a landscaped buffer shall surround the base of the WCF Equipment Compound.
    
    If the proposed freestanding nonconcealed WCF is to be located between an existing structure and a public or private street, or in an RD or R-20 zone, a landscape screen shall be provided between the WCF compound and the street and adjacent residential properties.
    
    In residential zones and adjoining public rights-of-way an opaque fence shall surround the wireless equipment compound.
8. Aesthetics:
  1. Concealed Attachments including feed lines and antennas shall be designed so as to be compatible with the façade, roof, wall or structure on which it is affixing so that it matches the existing structural design, color and texture.
  2. Freestanding WCFs shall be designed so as to be compatible with adjacent structures and landscapes with specific design considerations as to height, scale, color and texture.
Requirements
for freestanding WCFs, including those used for mitigation and associated equipment located in districts requiring a special use permit:
1. Non-concealed WCFs, including those used for mitigation, shall be limited to monopole type antenna support structures.
2. All freestanding WCFs up to 120 feet in height shall be engineered and constructed to accommodate at least 2 antenna arrays. All WCFs between 121' and 149' shall be engineered and constructed to accommodate at least 3 antenna arrays. All WCF between 150' and 199' shall be engineered and constructed to accommodate at least 4 antenna arrays.
3. New freestanding antenna-supporting structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties. The applicant shall demonstrate that alternative locations, configurations, and facility types have been examined. A report regarding the adequacy of alternative existing facilities or the mitigation of existing facilities to meet the
  applicant's need or the needs of service providers desiring to locate on the proposed, if the applicant is not a service provider, and the reasons these existing facilities cannot be used. Alternative existing facilities include all potentially useable utility distribution towers and other elevated structures within the proposed service area that would provide additional service to the users of the proposed WCF. Documentation included in the report may include such things as calculations regarding coverage capability of supporting necessary equipment, or other relevant data; lease negotiations; or other information. Technical data included in such documentation shall be certified by a registered engineer or other qualified professional. The report shall include, in narrative form, the feasibility of any alternatives the applicant may have considered and their impact on adjacent properties including but not limited to:
  1. Height
  2. Configuration
  3. Location
  4. Mass and scale
  5. Materials and color
  6. Illumination
  7. Information addressing the following items:
    1. The extent of any commercial development within the Geographic Search Area of the proposed facility.
    2. The proximity of the antenna support structure to any residential dwellings.
    3. The proximity of the antenna support structure to any public buildings or facilities.
    4. The existence of tall and like antenna support structures within the Geographic Search Area of the proposed structure.
WCF Mitigation
WCF mitigation shall accomplish a minimum of one of the following: reduce the number of overall WCFs, reduce the number of nonconforming WCF types, or replace an existing WCF with a new WCF to improve network functionality resulting in compliance with this Section of the Ordinance.
Approval Process
The following information must be supplied with the site plan or building permit application for WCFs:
1. Identification of the intended user(s) of the WCF.
2. Certification furnished by a registered engineer that the WCF has sufficient structural integrity to accommodate multiple users, and the number of additional users that can be accommodated on the proposed WCF.
3. Certification by a registered engineer or other qualified professional regarding service gaps or service expansions that are addressed by the proposed WCF (“the proposed service”), and accompanying maps and calculations.
4. The Board of Adjustment, when considering a Special Use Permit for freestanding WCFs shall not be required to make a determination of the electromagnetic field (EMF) effects of the WCF on the health of the public [as specified in Section 13.1.3(3)]. The documentation required by this Section that stipulates that the WCF does not exceed the federal limits for power density levels shall satisfy the applicant's compliance with Sections 13.1.3(3).
5. Where due to the complexity of the methodology or analysis required to review an application for a wireless communication facility, the Planning Director may require the applicant to pay for a technical review by a third party expert, the costs of which shall be in addition to other applicable fees. Based on the results of the expert review, the approving authority may require changes to the applicant's application or submittals.
6. Evidence submitted to demonstrate that no existing wireless communications facility could accommodate the applicant's proposed facility may consist of any of the following:
  1. No existing wireless communications facilities located within the geographic area meet the applicant's engineering requirements.
  2. Existing wireless communications facilities are not of sufficient height to meet the applicant's engineering requirements, and cannot be increased in height.
  3. Existing wireless communications facilities do not have sufficient structural strength to support the applicant's proposed wireless communications facilities and related equipment, and the existing facility cannot be structurally improved.
  4. Other limiting factors that render existing wireless communications facilities unsuitable.
  5. A report of diligent efforts to locate based on the hierarchy established elsewhere in this section.
7. A statement that the proposed facility is the Least Visually Obtrusive, as defined herein, and that the proposed facility conforms with State of the Art, as defined herein, or alternatively, that State of the Art technology is unsuitable for the proposed facility. Costs of State of the Art technology that exceed customary facility development costs shall not be presumed to render the technology unsuitable.
8. In addition to the considerations for Special Use Permits found in Section 13 of this ordinance, the Board of Adjustment in determining whether a WCF is in harmony with the area [as specified in Section 13.1.3(1) or the effects and general compatibility of a WCF with adjacent properties (as specified) in Sections 13.1.4(3) and (9) and Sections 13.2.4(3) and (9)] and may consider the aesthetic effects of the WCF as well as mitigating factors concerning aesthetics. The approving bodies may disapprove an application on the grounds that the WCFs aesthetic effects are unacceptable, or may condition approval on changes in WCF height, design, style, buffers, or other features of the WCF or its surrounding area. Such changes need not result in performance identical to that of the original application. Factors relevant to aesthetic effects are: 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; the concentration of WCFs in the proposed area; and whether the height, design, placement or other characteristics of the proposed WCF could be modified to have a less intrusive visual impact.
9. If the approving authority determines that the proposed additional service, coverage or capacity to be achieved by the location of the proposed new WCF can be achieved by use of one or more alternative existing wireless communications facilities addressed in Section 7.39.F.3 and Section 7.39.H.6, or by one or more WCFs sited in alternative locations, which better serve the stated purposes set forth in Section 7.39.1 herein, it may disapprove the proposed WCF application. The applicant shall provide simulated photographic evidence of the proposed WCFs appearance from all residential areas within 1,500 feet, and from other vantage points chosen by the Planning Department.
Interference with Public Safety Communications
1. In order to facilitate the City and County's rules of the regulation, placement, and construction of WCFs and their interaction with the City and County of Durham's Public Safety Communications Equipment, all applicants requesting a permit for a WCF under this section shall agree in a written statement, to the following:
  1. Compliance with Good Engineering Practices as defined by the FCC in its Rules and Regulations
  2. Compliance with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference(RFI).
  3. In the case of co-location of telecommunications facilities, the applicant, together with the owner of the subject site, shall provide a composite analysis of all users of the site to determine that the applicant's proposed facilities will not cause radio frequency interference with the City and County of Durham's Public Safety Communications Equipment.
2. When a specific base station is identified as causing radio frequency interference with the City and County of Durham's Public Safety Communications Equipment, the following steps shall be taken:
  1. 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 FCC's Wireless Telecommunications Bureau's Best Practices Guide. If the WCF owner fails to cooperate with the City/County in applying the procedures set forth in the Best Practices Guide in order to eliminate the interference, then the City or County may take steps to contact the FCC to eliminate the interference.
  2. If there is a determination of radio frequency interference, with the City or County of Durham'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.

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