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5.2.4(D)  Telecommunications Facilities

(1)      Concealed (Stealth) Antennae and Towers

Concealed (stealth) antennae and towers, whether building-mounted or freestanding, are special uses in residential zoning districts.  Concealed towers shall comply with applicable height and setback requirements set forth in subsections (2) and (3) below. An increase of fifty feet in tower height for each additional user’s antenna with no increase in setbacks shall be granted, provided however that reasonable evidence is provided showing that the need for an additional tower is eliminated.

(2)      Other Building-Mounted Antennae and Towers

Non-stealth, building-mounted towers may be located on non-residential buildings at the heights set forth in the following table:

(3)      Other Freestanding Towers

A special use permit is required to erect any non-stealth, freestanding tower within 200 feet of an existing residential and/or mixed use district or overlay.  Freestanding non-stealth telecommunication towers located more than 200 feet from an existing residential and/or mixed use district may be permitted without a special use. 

(a)      Co-Location Required

1.       Each new tower shall be designed to accommodate one additional user’s equipment for every 25 feet of tower height above 75 feet.

2.       Applicants seeking a special use permit for antenna tower(s) greater than 75 feet in height, and proposed to be located within 3,000 feet of any communication tower greater than 75 feet in height, shall provide evidence that reasonable efforts have been made to lease space on an existing planned or constructed tower(s) or that no existing tower(s) will technically satisfy the applicant's needs.

3.       An increase of fifty feet in tower height for each additional user’s antenna with no increase in setbacks shall be granted, provided however that reasonable evidence is provided showing that the need for an additional tower is eliminated.

(b)      Height

The maximum permitted height for freestanding towers is 350 feet.

(c)      Setbacks

1.       All towers, both concealed and not concealed, shall be set back from all existing dwellings and other residentially zoned property by a minimum of 200 feet, or at least two times the height of the proposed tower, whichever is greater.

2.       All towers, both concealed and not concealed, on property zoned non-residential shall be set back from the property boundary a distance equal to the height of the proposed tower.

(d)      General Development Standards

1.       Design and Neighborhood Compatibility

a.       The exterior appearance of all towers and associated support structures and buildings shall be compatible with the other buildings in the surrounding area.

b.       The Town Council may require the applicant to apply to the Federal Aviation Administration (FAA) for compliance with FAA standards for a dual lighting system rather than a red and white marking pattern, when the Council determines such a marking pattern would cause aesthetic blight due to the visibility of the tower.

c.       Support buildings located in any residential district may not be used as an employment center for any worker.  This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments.

d.       No advertising sign or logo shall be permitted on any telecommunications facility.

e.       The decision-making body may require any other conditions to mitigate the impact of the tower on adjacent properties and uses.  

2.       Buffering and Screening

a.       All fences and walls shall be screened with Type A buffer requirements (see Section 7.2.3). 

b.       The base of the tower and each guy anchor shall be surrounded by a fence or wall at least eight feet in height.

c.       The Town Council may require all antenna(ae) be appropriately screened to safeguard surrounding property provided that such screening will not interfere with the transmission and/or reception capabilities of any antennae located on the tower.

3.       Technological Requirements

a.       Output power levels from the tower and/or all associated antennae shall not exceed the current federally approved levels for the tower as a whole for exposure to electromagnetic radiation.

b.       Radio, television, or other electromagnetic transmission(s) or reception on other properties shall not be disturbed or diminished.

4.       Existing Towers

New antennae may be co-located upon towers that exist on the effective date of this Ordinance.  However, such existing towers may not be increased in height without obtaining a special use permit.

(4)      Outside Experts and Disputes

(a)      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 of a proposed facility.  Selection of expert(s) to review the proposal shall be at the sole discretion of the decision-making body.

(b)      If an 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 application be reviewed by a qualified engineer for a determination of the accuracy of such claims.  Any costs shall be charged to the applicant.

Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008

Note: This is not the official version of the Cary Land Development Ordinance