Unified Development Ordinance, 4th supplement, September 2017
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 6 – 17 Effective Date: September 01, 2013 Supp. No. 4 Article 6.3. Public & Institutional Uses | CHAPTER 6. USE REGULATIONS Sec. 6.3.3. Utilities 6.3.3.D.2.d.iii. above may be reduced by 15% for each additional telecommunication user in excess of the existing tower. vi. For towers exceeding a height of 250 feet, or where one or more existing telecommunications towers is concurrently being removed and replaced with a new tower containing additional telecommunication users, this setback may be reduced by the Board of Adjustment. In the case of a replacement tower, the Board of Adjustment shall show that the lesser setback will reduce the number of towers in the area. In all cases, the Board of Adjustment shall also show that the lesser setback will not be injurious to property or improvements in the affected area. In no case shall the setback be reduced to less than 50% of the tower height. e. The base of the tower and each guy anchor must be 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 is zoned a Residential District. f. 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 tower height. g. 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.D.2.d.ii. or Sec. 6.3.3.D.2.d.iii. The installation of any fence, wall, planting or berm shall not reduce or lessen this requirement. h. The output power from the tower shall not exceed federally approved levels for exposure to electronic magnetic force (EMF). i. 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. j. If the proposed tower is located on property that is zoned a Residential District at the time of the special use hearing, the tower shall be either less than 75 feet in height or be located no closer than 1,500 feet to a tower greater than 75 feet in height which was constructed after September 1, 2013, (determined by a straight line and not street distance). k. If the proposed tower is located on property that is zoned a mixed use or heavy industrial district at the time of the special use hearing, the tower shall be either less than 100 feet in height or be located no closer than 1,000 feet to a tower greater than 100 feet in height which was constructed after September 1, 2013, (determined by a straight line and not street distance). l. The Board of Adjustment may approve the construction of a tower which does not meet the above standards if evidence is provided which demonstrates that reasonable effort has been made to lease space on an existing tower or that no existing tower will technically satisfy the applicant’s specific needs. m. 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. n. The tower shall be engineered and constructed to accommodate a minimum of 5 telecommunication users. o. Unless enclosed by a closed fence at least 8 feet in height, the exterior appearance of all buildings located in a Residential District shall look like a residential dwelling, including without limitation, pitched roofs and frame or brick veneer construction. For each potential telecommunication user to occupy the tower, there shall be a minimum of 600 square feet reserved on the plans for associated buildings and equipment, unless the applicant provides evidence that less space is necessary.