ORD-2004-019 - Zoning Ordinance Amendment Wireless Element of the Master Telecommunication Plan

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APPENDIX F — Town of Chapel Hill Telecommunication Policies 180 An accessory use is permitted anywhere, provided that it is "customarily incidental" to a permitted principal use. An accessory use can be approved by the Town Manager. Accessory antennas are subject to setback and height restrictions which create a "building envelope" with the following exceptions: "The following features may project above the building envelope defined by the maximum height limitations and additional setback requirements contained in Subsection 13.9.11 provided the Town Manager shall determine that such features do not significantly impair the degree of solar access provided adjacent properties through application of the appropriate solar setback requirements. a. Chimneys, accessory radio or television antennas, flagpoles, monuments, or solar collectors, provided the projection of such structures above the building envelope does not exceed fifteen percent (15 %) of the maximum height limitation that defines the portion of the building envelope penetrated by such structures; ..." For property encumbered by a Special Use Permit, the Development Ordinance specifies what may be approved as a minor change by the staff and those changes which require Council consideration as a Modification of Special Use Permit. In addition, the terms of the Permit may further restrict the use of the property. Design commission approval may be required for some accessory antenna additions. No other standards for appearance are provided in the Development Ordinance. GUIDELINES FOR DETERNIINING "ACCESSORY" Since adoption of a 1997 Development Ordinance text amendment, installation of telecommunication facilities (including antennas and panels) on top of existing buildings or towers is allowed as an "accessory use." The Town of Chapel Hill in 1997 deemed such arrangements, and the co- location of telecommunication facilities in general, to be a desirable alternative to construction of new free - standing towers. The Town Manager shall use the following guidelines in determining whether a proposed telecommunications facility can be considered an accessory use. Accessory: In order to be considered an accessory use, a telecommunication facility must first be clearly incidental and subordinate to the main use of a site. It cannot be of a type or nature that dominates the site, visually, architecturally, or in terms of overall massing. The following types of facilities, antennas, and panels are of a type that may be considered to be accessory uses. F-2