Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 6 – 15 Effective Date: September 01, 2013 Supp. No. 4 Article 6.3. Public & Institutional Uses | CHAPTER 6. ​USE REGULATIONS Sec. 6.3.3. Utilities c) 100% of the tower height from the property line of an abutting Mixed Use or Special district. d) 20 feet from any public street. e) The setbacks required by Sec. 6.3.3.C.2.d.i.b) and Sec. 6.3.3.C.2.d.i.c) above shall not be applicable to any residential dwelling that is not a permitted use in the district. f) If a telecommunication tower is located on the property of a civic use in a Residential District, the setbacks in Sec. 6.3.3.C.2.d.i.a) through Sec. 6.3.3.C.2.d.i.d) above apply, except that in no case shall a tower be located less than 200% of the tower height to the property line of a lot developed with a dwelling, congregate care facility, or a vacant lot located in a Residential District, unless a protective yard is preserved or installed adjacent to the property line of a lot developed with a dwelling, congregate care facility or a vacant lot located in a Residential District. The protective yard shall be of a width equal to the tower height, and shall contain plantings meeting the minimum standards of a Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A. ) and Sec. 6.3.3.C.2.d.ii.e) below. ii. Installation of a new tower where an existing tower is being replaced. a) If one or more existing telecommunication towers is to be concurrently removed and replaced by a new tower, then the required setback exceeding 100 feet in Sec. 6.3.3.C.2.d.i.b) and Sec. 6.3.3.C.2.d.i.c) above may be reduced by 15% for each additional telecommunication user in excess of that of the existing tower. Evidence shall be presented by the applicant that each additional user will upon installation occupy the new tower. b) The Board of Adjustment may grant a further reduction to the setbacks for the removal of an existing tower and replacement with a new tower with more telecommunications users in accordance with Sec. 6.3.3.D. c) The base of the tower and each guy anchor are surrounded by a fence or wall at least 8 feet in height unless the tower and all guy anchors are mounted entirely on a building over 8 feet in height. Except for fence and wall entrances, all fences and walls shall be screened with plant material so that no more than 2/3 of the surface of the fence or wall is visible within 3 years after erection of the structure from a public street or from any adjoining lot which contains a dwelling, congregate care facility, or from any adjoining lot zoned a Residential District. d) The area adjoining street rights-of-way shall contain a Type C1 or C2 street protective yard (see Sec. 7.2.4.B. ) installed parallel to the street right-of-way. No protective yard is required along street frontage located a distance from the tower of more than 200% of the tower height. e) A protective yard that contains the same plantings required in a Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A. ) must be installed within all the yard areas required by Sec. 6.3.3.C.2.d.i.b) and Sec. 6.3.3.C.2.d.i.c) . The installation of any fence, wall, planting or berm shall not reduce or lessen this requirement. f) The output power from the tower shall not exceed federally- approved levels for exposure to electronic magnetic force (EMF). g) If determined by the City that the proposed tower is situated in a location which will benefit the City’s telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunication equipment beneficial to the public system. h) The tower is either less than 100 feet in height or located no closer than 1,000 feet to a tower greater than 100 feet in height (determined by a straight line and not street distance). i) If the tower is located within an Overlay District that restricts height, the tower cannot exceed the maximum building height allowed within the more restrictive zoning district. j) No tower shall be approved unless evidence is presented that at least 1 telecommunication user upon installation will occupy the tower. If the tower is between 100 feet and 150 feet in height, the tower shall be engineered and constructed to accommodate a minimum of 2 telecommunication users. If the tower equals or exceeds 150 feet in height but is less than 180 feet in height, the tower shall be engineered and constructed to accommodate a minimum of 3 telecommunication users. If the tower equals or

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