Unified Development Ordinance, 25th Supplement, December 2022

CHAPTER 6. ​USE REGULATIONS | Article 6.3. Public & Institutional Uses

a. Aeration facility, artesian well. b. Electric or gas generation plant. c. Telecommunication tower. d. Water or sanitary sewer treatment plant. C. Telecommunication Tower (less than 250 feet) 1. Defined

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 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. If shown 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. 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

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers that is less than 250 feet in height. Does not include any structure erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or amateur radio antennas. 2. Use Standards a. Radio or television or similar reception for adjoining properties will not be disturbed or diminished. b. The height of the tower cannot exceed 250 feet. c. The lighting of the tower cannot exceed the minimum standards of the Federal Aviation Administration for red obstruction lighting system contained in Advisory Circular No. 70/7460-IF dated 27 September, 1978, as the same may be amended. d. The minimum setback from the outside dimensions of the tower, not from guy anchors, and not located within the property of a civic use in a Residential District, are as follows: i. Installation of a new tower where no tower is being replaced. a) 20 feet from the property line of either any adjoining lot that is developed without a dwelling, congregate care facility or vacant lot located in a Mixed Use or Special district, unless increased by Sec. 6.3.3.C.2.d.i.b) and Sec. 6.3.3.C.2.d.i.c) below. b) 200% of the tower height, unless the tower is constructed as a monopole in which case the minimum setback shall be 100% of the tower height, but no less than 50 feet from the property line of an abutting Residential District.

Supp. No. 25

6 – 16 Pub l i s hed De c embe r 2022

Pa r t 10 : Un i f i ed Deve l opmen t Or d i nanc e C i t y o f Ra l e i gh , No r t h Ca r o l i na