HomeMy WebLinkAboutORD-2014-043 Ordinance Approving Proposed Zoning Text Amendments Requiring Neighborhood Information Meetings for All Special Use Permit ApplicationsORDINANCE NUMBER: d0111- 0 Y'3
ORDINANCE APPROVING
PROPOSED ZONING TEXT AMENDMENTS
REQUIRING NEIGHBORHOOD INFORMATION MEETINGS
FOR ALL SPECIAL USE PERMIT APPLICATIONS
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WHEREAS, Orange County has initiated an amendment to the Unified Development
Ordinance (UDO) requiring a neighborhood information meeting prior to the review of Special
Use Permit applications at a public hearing; and,
WHEREAS, the amendment is intended to address a concern that local residents and
property owners are not being provided adequate time to understand, and prepare for, the
review of Special Use Permit applications; and
WHEREAS, the County has determined existing language within the UDO needs to
be modified to ensure a more transparent and open project review process; and
WHEREAS, the requirements of Section 2.8 of the UDO have been deemed complete;
and,
WHEREAS, pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A -341
of the North Carolina General Statutes, the Board finds sufficient documentation within the
record denoting that the zoning text amendment is consistent with the adopted 2030
Comprehensive Plan, as amended, as detailed within a previously adopted Statement of
Consistency, and
WHEREAS, the Board has found the proposed zoning text amendment is reasonable
and in the public interest as detailed within a previously adopted Statement of Consistency.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange
County Unified Development Ordinance is hereby amended as depicted within the attached
pages.
BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published
ordinances and that this ordinance is effective upon its adoption.
Upon motion of Commissioner flo seconded by
Commissioner the foregoing ordinance was adopted this
-1 � day of t 2014.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on —X i / V , 2014 as relates in any way to the
adoption of the foregoing and that said proceedings are recorded in the minutes of the said
Board.
WITNESS my hand and the seal of said County, this day of
2014.
r
Caves
Clerk to the Et6ard of Commissioners
UDO AMENDMENT PACKET NOTES:
The following packet details the proposed text amendments requiring a neighborhood
information meeting be held prior to the review of all Special Use Permit applications before a
public hearing. The amendment package also proposes the re- numbering and reformatting of
Section 2.7 to accommodate the new standards.
As the number of affected pages /sections of the existing UDO are being modified with this
proposal, staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be added to
the UDO.
• Red Strikethro gh Text: Denotes existing text proposed for deletion.
• Green Underlined Text: Denotes modifications made following the September 8, 2014
Quarterly Public Hearing.
Denoted modifications made to address concerns expressed by
Commissioner Gordon in a November 17, 2014 e -mail.
Staff has included footnotes within the amendment package to provide additional
information /rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes
from previous sections `spill over' onto the included page. Text with a large "X" is not proposed
for modification.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http: / /orangecountync.gov /planning /Ordinances.asp
Article 2: Procedures
Section 2.7: Special Use Permits
(4) For Class A Special Uses 26 copies of the site plan, /ha lass B Spec
Uses 10 copies of the site plan, prepared by a regist Carotin and
surveyor, landscape architect, architect, or engineerall con in the information listed in Section 2.5.
If the application involves a Preliminary Subdivision ies of the Plat
prepared in accordance with Section 7.14 shall be p(6) list of all parcels located within 500 feet of the sub and the name and
a ress of each property owner, as currently listed i ge County tax
(7) Elevatio Ycanti ll structures proposed to be us in the development.
(8) For Claecial Uses 26 copies and f Class B Special Uses 10 copies of
the Env al Assessment and /or vironmental Impact Statement, if
required cti 6.16.
(9) Method osal o ees, lim stumps and construction debris associated
with the ted activi whi shall be by some method other than open
burning.
(10) Stateme the ap cant i icating the anticipated development schedule for
the buil the oject. (11) Stateme e applicant in justifi tion of any request for vesting for a period
of more o years (five years maxi m).
2.7.4 Staff Review
(A) The Plannio Director shall cause an analysis to be made f the application by qualified
/The tives of the County and other agencies or officials s appropriate.
ng Director shall submit the analysis to the Board of unty Commissioners
nning Board, in the case of Class A Special Uses, or th oard of Adjustment,
of Class B Special Uses.
priate Board reviewing the application shall receive and enter th analysis into
uring the public hearing. The analysis shall be subject to examin 'on by all
interested parties and the Planning Director shall be subject to cross - examinati
regarding the analysis.
(D) The Planning Director shall not make a recommendation on the general findings detailed
within Section 5.3 of this Ordinance
2.7.5 Neiahborhood Information Meetin
(A) Before a Public Hearinq may be held for a Special Use the applicant is required to
schedule, with the as6w6taRGe of the Pl„^,r,,,;g Oepa.me_;r' a minimum of one
neighborhood information meeting. The purpose of the meeting is to obtain surrounding
Property owner input and comments on the proposed development project and allow staff
an opportunity to explain the review process associated with the request.
(B) The applicant shall obtain property owner mailing address information from the Orange
County Planning Department, which shall utilize Orange County Land Records data, and
1 County Attorney recommends the RFeen stM(e thFe gh text be deleted.
Z During the review of a Class A Special Use Permit application at the May 27, 2014 Quarterly Public Hearing (QPH)
it was suggested there should be a neighborhood information meeting held prior to the public hearing to allow the
developer to explain the project to surrounding property owners as well as allow staff to review the process by
which Special Use Permits are processed (i.e. quasi - judicial hearing procedures). This amendment will address the
concern(s) expressed by BOCC and Planning Board members during the May QPH.
Orange County, North Carolina — Unified Development Ordinance Page 2 -17
Article 2: Procedures
Section 2.7: Special Use Permits
shall mail certified notices of the meeting date and time to each property owner within
500 feet of the property for which a Special Use has been requested.
(C) The applicant shall mail notice of the Neighborhood Information Meeting a minimum of 14
days prior to the date of the meeting
(D) The applicant shall post a sign on the property advertising the date place and time of the
meeting a minimum of 10 days prior to the date of the meeting.
LE) The meeting shall be held a minimum of 453 days prior to the date of the Public Hearing.4
(F) Neighborhood information meetings for telecommunication facilities shalt be held in
accordance with the provisions of Section 5.10.8 (B) (2).
262.7.7 Notice Requirements for Class B Special Use Permits
Notice Requirements for Class B Special Use Permits shall follow the procedures in Section
2.12.6.
2.7.72.7.8 Nature of Proceedings
(A) The review of Special Use Permit applications shall be conducted during a public hearing
by the decision - making board.
(B) The review of a Special Use Permit application is a quasi - judicial process, where the
Board responsible for rendering a decision acts much like a panel of judges. The Board
hears factual evidence and sworn testimony presented at an evidentiary hearing, and
then makes findings of fact supported by competent, substantial, and material evidence.
(C) The chair or presiding officer of the hearing shall swear all parties intending to present
evidence or testimony during the hearing.
(D) The chair or presiding officer may take whatever action is necessary to limit testimony to
the presentation of new factual evidence that is material to the application, to ensure fair
and orderly proceedings, and to otherwise promote the efficient and effective gathering of
evidence. Such actions may include:
3 Staff has changed the timeframe for holding the neighborhood meeting consistent with BOCC and Planning Board
direction from the September 8, 2014 public hearing denoting it in green bold text.
4 Typically, neighborhood information meetings are required to occur 14 days prior to a public hearing. Staff is
recommending 30 days to ensure there is adequate time for adjacent property owners /residents to receive
information related to the quasi - judicial review process and secure the necessary experts to argue for /against a
specific project.
Orange County, North Carolina — Unified Development Ordinance Page 2 -18
2.7.52.7.6
Notice Requirements for Class A Special Use Permits
(A)
The Planning Director shall give public notice of the date, time and place of the public
hearing to be held to receive comments, testimony and exhibits pertaining to the
There are no other
application for a Special Use.
substantive
Such notice shall be published in a newspaper of general circulation in Orange County
amendments to
once a week for two successive weeks, with the first notice to be published not less than
ten days nor more than 25 days prior to the date of the hearing. In computing the notice
Section 2.7 other
period, the day of publication is not to be included, but the day of the hearing is to be
than re- numbering.
included.
Staff has not
The Planning Director shall post on the affected property a notice of the public hearing at
included all of the
least ten days prior to the date of said hearing.
renumbered
Written notice shall be sent by certified mail to all adjacent property owners not less than
sections as part of
15 days before the hearing date. Adjacent property owners are those whose property
this review.
lies within five hundred feet of the affected property and whose names and addresses are
currently listed in the Orange County tax records.
262.7.7 Notice Requirements for Class B Special Use Permits
Notice Requirements for Class B Special Use Permits shall follow the procedures in Section
2.12.6.
2.7.72.7.8 Nature of Proceedings
(A) The review of Special Use Permit applications shall be conducted during a public hearing
by the decision - making board.
(B) The review of a Special Use Permit application is a quasi - judicial process, where the
Board responsible for rendering a decision acts much like a panel of judges. The Board
hears factual evidence and sworn testimony presented at an evidentiary hearing, and
then makes findings of fact supported by competent, substantial, and material evidence.
(C) The chair or presiding officer of the hearing shall swear all parties intending to present
evidence or testimony during the hearing.
(D) The chair or presiding officer may take whatever action is necessary to limit testimony to
the presentation of new factual evidence that is material to the application, to ensure fair
and orderly proceedings, and to otherwise promote the efficient and effective gathering of
evidence. Such actions may include:
3 Staff has changed the timeframe for holding the neighborhood meeting consistent with BOCC and Planning Board
direction from the September 8, 2014 public hearing denoting it in green bold text.
4 Typically, neighborhood information meetings are required to occur 14 days prior to a public hearing. Staff is
recommending 30 days to ensure there is adequate time for adjacent property owners /residents to receive
information related to the quasi - judicial review process and secure the necessary experts to argue for /against a
specific project.
Orange County, North Carolina — Unified Development Ordinance Page 2 -18
2.9.1
Article 2: Procedures
Section 2.9: Conditional Districts
(C) Text amendments to this Ordinance for stormwater provisions shall comply with the
requirements in effect for any other text amendment.
itional Use District
(A) Generally
1) Any use permitted under the CUD proce/ena ll conform to all pplicable
development regulations for the corresp general use z ning district as well
as any specific development standards od within this rdinance.
(2) The Board of County Commissioners, in wing a CU application, may
'mpose such reasonable conditions uporoval of a UD request as will
a ord protection of the public health, safnd gen ral welfare, ensure that
su tantial justice is done, and ensure ele tre tment.
(3) Only ose conditions mutually agreed te pplicant and the Board of
County ommissioners may be impo sed D application. (4) Within the conomic Development DistriDDs), there are specific uses that
require app val of a CUD. These uses oted on the Table of Permitted
Uses — Econ is Development Districts tion 5.2).
(B) Applications
Applications to establish a U
processed i n accordance wit
(1) Zoning Atlas amendm
(2) Class A Special Use F
(3) The provisions of this
(C) Submittal Requirements
(1) In addition to the CU
following informati
D shall be su mitted to the Planning Director and shall be
the prZection e(s)for:
e t (S2.8),
'er 't 2.7), and
applicationXorm, an applicant shall also submit the
(a) A site p n prepared in
includ' g the following:
with the provisions of Section 2.5
(i) A detailed description of th proposed use of property including
an outline of the proposed o erational characteristics of the
proposed development,
(ii) A detailed traffic survey, regardle s of the estimated number of
trips per day, prepared in accorda e with all applicable North
Carolina Department of Transportati n (NC DOT) requirements
or standards as well as Section 6.17 o this Ordinance,
(iii) The appropriate environmental documen repared in
accordance with Section 6.16; and
(iv) A landscape plan showing the location of on- 'te significant
trees; proposed screening, buffers, and landsc ing; and any
proposed treatment of any existing natural featur s.
(b) A summary of utility services, including processing of waste ater.
(c) A schedule of construction of all elements of the proposal; an
(d) Any other information identified during the pre - application confer ce
deemed essential to demonstrate the project's compliance with the e
regulations.
Orange County, North Carolina — Unified Development Ordinance Page 2 -26
Article 2: Procedures
Section 2.9: Conditional Districts
(2) 26 copies of the application package required in (1) above shall be submitted by
the applicant.
(3) The Planning Board and /or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CUD.
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a CUD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County L and ReGGF s depa trnentPlanning Department 5 and shall mail
certified notices of the meeting date and time to each property owner within 500
feet of the property for which a CUD has been requested.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meetings.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of 10 days prior to the date of the meeting.'
(4)(5) The Neighborhood Information Meeting shall be held a minimum of 44-45 $ days
prior to the date of the Public Hearing where the application is scheduled for
review and public comment.
(E) Review and Evaluation of Application
(1) All CUD applications shall be reviewed and acted upon in accordance with the
review procedures for Class A Special Use Permits (Section 2.7).
(2) The following shall be considered when evaluating an application for a CUD:
(a) The policies and objectives of the Orange County Comprehensive Plan,
particularly in relation to the use, proposed site, and surrounding area;
(b) The policies and objectives of any adopted Small Area Plan(s) relating to
the area; and
(c) The potential impacts to the surrounding area including, but not limited,
to: traffic, storm water drainage, compatibility of land use activities, and
land values.
(3) The Board of County Commissioners may attach reasonable and appropriate
conditions to the location, nature, and extent of the proposed use. Such
conditions may address the following:
(a) The characteristics of the proposed use and its relationship to
surrounding property and existing land uses,
5 Planning staff already provides this service during the pre - application conference related to a Special Use or
Conditional Use project. The proposed amendment is designed to ensure local regulations mirrors current
practice.
6 County attorney recommended change denoted in green underlined text. Originally we had decided not to use
the full text of 'Neighborhood Information Meeting' and just used 'meeting'. The Attorney's office wanted the
language put back and for the Ordinance to spell out 'Neighborhood Information Meeting' in its entirety in this
section.
Staff inadvertently left out the requirement for posting of a sign advertising the neighborhood meeting. This
corrects the error.
8 We are changing the timeframe to 45 days.
Orange County, North Carolina — Unified Development Ordinance Page 2 -27
Article 2: Procedures
Section 2.9: Conditional Districts
(3) The application for an extension request shall be submitted a minimum of s'
months prior to the expiration of the permit.
Alterations to an Approved CUD
(1) Changes to approved plans and conditions of development shall be eated as
changes to the zoning atlas and shall be processed as an amend nt to such as
contained in Section 2.8.
The Planning Director may approve minor changes without go' g through the
amendment process. The Planning Director, at his /her discr tion, may elect not
to allow any proposal as a minor change and will forward t detailed application
for changes to the Planning Board and Board of County ommissioners for
onsideration in accordance with the procedures outlin herein.
(3) A inor change is one that will not:
(a) Alter the basic relationship of the propose development to adjacent
property,
(b) A er the approved land uses,
(c) Incr \eb he density or intens/offioevelopment, and /or
(d) Decthe off - street parkin reduce the buffer yards provided
at tndary of the s ite.
2.9.2 Conditional Zoning District (CZD)
(A) Generally
Only those uses listed on the Tab o Permitted Uses in Section 5.2 for a specific
Conditional Zoning District and det i ed in Section 3.8 of this Ordinance shall be
developed.
(B) Applications
Applications to rezone prop y to a CZD s all be submitted to the Planning Director and
shall be processed in acco dance with the p cedure(s) for:
(1) Zoning Atlas a ndment (Section 2.8),
(2) Site plans (S ction 2.5) for CZDs that req ire a site plan, and
(3) The provi ' ns of this Section.
(C) Submittal Req rements
(1) In ad ition to the CZD application form, an applica t shall also submit the
foll ing information:
A site plan prepared in accordance with the pr visions of Section 2.5 of
this Ordinance, except for MPD -CZ applications see (C)(2) below).
(b) A detailed description of the proposed use of prop y including an
outline of the proposed development.
(c) A detailed traffic survey, regardless of the estimated nu ber of trips per
day, prepared in accordance with all applicable North Ca lina
Department of Transportation (NC DOT) requirements or s ndards as
well as Section 6.17 of this Ordinance.
(d) The appropriate Environmental Document prepared in accorda a with
Section 6.16.
(e) A landscape plan showing the location of on -site significant trees;
proposed screening, buffers, and landscaping; and any proposed
treatment of any existing natural features.
Orange County, North Carolina — Unified Development Ordinance Page 2 -29
Article 2: Procedures
Section 2.9: Conditional Districts
(f) A summary of utility services, including processing of
(a) A schedule of construction of all elements of the pry
(h) Any other information identified during th - application conference
de ed essential to demonstrate t roject's compliance with these
regulatio
(2) In lieu of the requirements a) above, an application for a Master Plan
Development (MPD) C shall i de the requirements in Section 6.7. The
requirements of ) through (1)(h) a e are applicable for MPD -CZ
applicatio
(3) 2 pies of the application package required in (1) a ) above shall be
submitted by the applicant.
(4) The Planning Board and /or Board of County Commissioners may req'cre:
additional information in order to evaluate and properly process the appl
for a CZD.
(D) Neighborhood Information Meeting 9
(1) Before a Public Hearing may be held on an accepted application for a CZD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County 10and shall
mail certified notices of the meeting date and time to each property owner within
500 feet of the property for which a CZD has been requested.
The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) i rie api3iicant sndii pv5t a siiiii vfi ti a, piy6c;rik ii4i`.c i W51 uaW. pi A
and tip° J the meeting a minimum of 10 days prior to the date of ti-,
11
(5) The Neighborhood Information Meeting shall be held a minimum of 14 days prior
to the date of the Public Hearing where the application is scheduled for review
and public comment.
view and Evaluation of Application
The review, p ing, and evaluation of a CZD application is ative process
subject to judicial review he same procedures andards of review that apply
to general use district zoning decisi'o
(F) Approval and Conditions
(1) The a County Commissioners shall take action on the _a on to
------rezone the property in accordance with the procedures outlined within Sec
2.8.
9 Originally staff had anticipated amending this section to require a neighborhood information meeting to be held
45 days prior to a public hearing to review a CZD application. As the review of this type of application does not
involve a Special Use Permit and is completed through a legislative review process (i.e. no sworn expert
testimony), staff has determined existing review requirements are sufficient.
10 was added by staff to address a suggestion made by Commissioner Gordon via e -mail received
on November 17, 2014.
11 was added by staff to address a suggestion made by Commissioner Gordon via e -mail received
on November 17, 2014.
Orange County, North Carolina — Unified Development Ordinance Page 2 -30
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
(2) Attendees shall include all carriers and tower companies who have either fil
applications the previous year or anyone who has expressed an interest i iling
an application to construct a telecommunication support facility within th County.
(3) The County shall notify each party of the date, time, and p/vent eeting no
later than 30 days prior to the meeting.
(4) Those individuals /firms intent on submitting development are
expected to attend the meeting. While a lack of attendancvent the
submittal of an application, it will prevent the applicant's aipate in
the discussions outlining the areas of concentration for the
telecommunication support structures for that given year.
(D) Applic ions for the development of telecommunication support$tructures shall be
process 6,d in accordance with the provisions of this Ordinanc
5.10.4 Existinq Wireless telecommunications Support Structures
(1) Telecoiyimunications equipment as accessory es may be placed on existing
wireless upport structures in accordance wit the provisions of this Ordinance.
(2) Notwithsta ing the other provisions of Se ion 5.10, telecommunications towers
in existence s of December 10, 2002, m y be replaced with a wireless support
structure of eq al or less visual impact fter approval by the Planning Director.
However, if the oposed new wireles support structure would not be consistent
with the minimum tandards under ection 5.10, replacement must be approved
as provided for in N� Ordinance.
5.10.5 Wireless Telecommunications Supp Str tures and Equipment as Principal or
Accessory Uses
(A) Wireless telecommunications sup o structures shall be permitted as a principal or
accessory use in accordance wi the able of Permitted Uses and as follows:
(1) On property owned b the Coun or any public entity, except those designated
as historic properti or sites, the ounty may, in its sole discretion as the owner
of the property, a horize the applic ion and use of County property after the
applicant execu s a lease agreemen acceptable to the County.
(2) Wireless tele ommunications facilities, a part of existing utility poles shall be
permitted a an accessory use. Wireless cilities shall be constructed as part of
the existi utility poles or as replacements r the existing utility poles. No
freesta ing towers constructed exclusively f personal wireless services shall
be per fitted within utility easements.
(3) Th placement of new wireless telecommunicatio support structures shall be in
a ordance with the Table of Permitted Uses, exce as permitted in the Master
elecommunications Plan ( "Plan ") or by Section 5.10. of this Ordinance.
5.10.6 Administrat' a Approval of Certain Telecommunication Facilities
Z(2) licability
following telecommunication facilities may be approved administra ively by the
nning Staff provided that all of the provisions contained in Section 5.1 are met:
New stealth telecommunications wireless support structures up to feet in
height that are sufficiently disguised so as to minimize visual impact;
Any wireless support structure less than 75 feet in height;
Any wireless support structure less than 200 feet in height located on prop rty
that is owned or leased by Orange County; and
Orange County, North Carolina — Unified Development Ordinance Page 5 -93
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
(4) Any wireless support structure less than 200 feet in height on which the her of
such facility permits the County to collocate its wireless facilities on structure
at no charge to the County when the location of such facility is enefit to the
County as determined in the sole discretion of the County.
(5) A itten decision approving or denying an applicati or administrative approval
of a to ommunication facility under this sectio all be issued no later than 45
days follo i the submission of a complet pplication.
(6) Collocation applic ons meeting th�,Wowing requirements:
(a) The proposed a_M4io facility will not increase the overall height and
width of the towe r eless support structure to which the wireless
facilities are be attache onsistent with Section 2.7.14 of the
Ord inan
(b) T proposed additional facility will c ly with applicable regulations,
restrictions, or conditions, if any, applied a initial wireless facilities
placed on the tower or other wireless support cture.
(c) The proposed additional wireless facilities comply wi II federal, State,
and local safety requirements.
(d) The proposed additional facility does not exceed the applicable ht
limits for the wireless support structure.
(B) Submittal Requirements
All applications for telecommunication facilities that are eligible for administrative
approval shall be submitted and reviewed in accordance with the standards of Section
5.10.8 of this Ordinance.
(C) Neighborhood Information Meeting 13
(1) For all administratively approved wireless support structures, excluding
collocations a neighborhood information meeting shall be scheduled in
accordance with the provisions of Section 5.10.8
5.10.7 Antennas Not Located on Wireless Telecommunications Support Structures
(A) General Standards
(1) To minimize adverse visual impacts, stealth antenna types shall be preferred. If
a non - stealth antenna is proposed, the application shall be required to
demonstrate, in a technical manner acceptable to the Planning Director, why the
stealth antenna (i.e. an antenna incorporated into the architecture of the building
or fully screened from view from sight proximate to the antenna) cannot be used
for the particular application. This does not preclude a combination of the
various types of antennas.
(2) Antenna dimensions shall be subject to approval by the Planning Director. A
statement shall be submitted, prepared by a professional engineer competent to
evaluate antenna choices, to certify the technical need for the required
dimensions.
(3) Prior to the issuance of a Building Permit by the Inspections Division, the
application shall provide evidence that the wireless telecommunication support
structure or antennas are in compliance with FAA regulations. Where an
antenna will not exceed the highest point of the existing structure upon which it is
to be mounted, such evidence shall not be required.
13 Staff is adding language to ensure all administratively approved towers will comply with the same neighborhood
information meeting requirements as any other regulated wireless support facility.
Orange County, North Carolina — Unified Development Ordinance Page 5 -94
(B)
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
engineer certification statement shall include certificatio/rusers
structure can support the load superimposed from the wrt
structure. All wireless support structures shall have the
permit multiple users; at a minimum monopole wireless
structures shall be structurally designed to accommodatnd
self - support /lattice or guyed wireless support s tructures
minimum accommodate three users.
mineral Submittal Requirements — Special Use Permits
Ina ition to the general submittal requirements detailed herein, d the specific
submi I requirements for all Special Use Permit applications d ailed within Section 2.7
of this 0 inance, applicants shall be required to ad/toth llowing:
(1) Ov all Policy a nd Desired Goals
Theo rall policy and desired goals for Spemits for wireless
telecom unications support structures shalg and encouraging,
wherever ssible, the following:
(a) Alter tives to constructing new
but not ited to the collocatio
equip me and mitigating th is
telecom
mu cation suppo truc
impracticable, and
y6reless support structures, including
of wireless telecommunications
ual effect of a wireless
:ture to an extent not commercially
(b) The placement, igh and quantity of wireless telecommunications
towers and equip t in such a manner, including but not limited to the
use of stealth tec o gy or camouflage techniques, to minimize adverse
aesthetic and vi al i acts on the land, property, buildings, and other
facilities adjac nt to, sur unding, and in generally the same area as the
requested I ation of such fireless telecommunications support
structure, hich shall mean ing the least visually and physically
intrusiv acility that is not tech ologically or commercially impracticable
under a facts and circumstanc .
(2) Balloon T
(a) he applicant shall, at least six weeks for to a Class B Special Use
Permit public hearing and at least 11 we s prior to a Class A Special
Use Permit public hearing, conduct a ballo test whereby the applicant
shall arrange to fly, or raise upon a tempora mast, a minimum of 10'3"
in length, brightly colored red or orange balloo at the maximum height
of the proposed new wireless support structure.
(b) The balloon test shall be flown for at least four cons cutive daylight
hours starting sometime between 10:00 A.M. and 2:0 P.M. on the dates
chosen.
(c) A notice of the dates (including a second date in case of p r visibility,
weather or atmospheric conditions on the initial date), times, nd location
of the balloon test shall be mailed, by certified mail, return rece t
requested, by the applicant, to all persons owning property within 1,000
feet of the subject parcel no less than 14 days in advance of the fir test
date. The data contained within the office of Orange County Land
Records shall be used as the primary source for determining which
residents are to receive notice of the balloon tests.
This notice shall also inform local residents that a neighborhood
information meeting shall be held the day of the balloon test so that the
applicant can explain the proposal and Planning staff, including the
Orange County, North Carolina — Unified Development Ordinance Page 5 -100
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
County's telecommunications consultant can explain the Special Use
Permit review process.
(d) The primary date shall be on a weekend (excluding legal holidays , but to
prevent delays in the processing of the application, and in case f poor
weather or atmospheric conditions on the initial date, the sec ndary
date may be a weekday.
(e) The applicant shall inform the County Planning Staff, in iting, of the
dates and times of the test at least 14 days in advance
(f) The applicant shall also post a sign on the subject p operty, and
directional signs posted at locations to /determi ed by Planning Staff.
The signs shall measure no more tha n feet in area and no
less than four square feet in area, givint information of the
County Planning Department, the proptimes, and location of
the balloon test. The signs shall be pot the same time limits
s provided for in the balloon test notifi ated above.
(3) Submittal Requirements
In addition to information required her n as well as Section 2.7, the following
shall be submitte as part of the applic on:
(a) A site plan owing the folio ing:
(i) The e 're site (in uding property boundary lines) and size of all
existing ructu s within 500 feet of the site,
(ii) Existing an roposed structures on site,
(iii) The fall z ne o the tower,
(iv) Existi and prop ed topography at a contour interval of five
feet nd
(v) y officially designate floodways and floodplains, or the
resence of alluvial soils.
(b) Plan , and elevations for all propose structures and descriptions of the
co r and nature of all exterior materia ,along with the make, model, and
anufacturer of the proposed structure, aximum antenna heights, and
power levels.
(c) A Landscape and Tree Preservation Plan dra \support he same scale as
the site plan, showing the existing and propos, shrubs, ground
cover and other landscape materials. This plII minimize adverse
visual effects of wireless telecommunications structures and
antennas through careful design, siting, landscr ening and
innovative camouflaging techniques.
(d) Evidence that the applicant has investigated sibilitie of placing
the proposed equipment on an existing wireleport struc re. Such
evidence shall consist of:
(i) A listing of all wireless telecommunicupport structu s
within a two mile radius of the proposless support structure site and a listing of all wirelport str ucture, utili
poles and other structures in the vicinity of the proposed facility
14 As we currently require a balloon test be held prior to a public hearing reviewing a telecommunication
application, staff believes it is reasonable to hold a neighborhood information meeting at the same time on -site so
that interested parties can not only visualize the height of a proposed tower but ask questions related to the
review process.
Orange County, North Carolina — Unified Development Ordinance Page 5 -101