HomeMy WebLinkAboutORC Agenda Packet - April 9 2025ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
AGENDA
ORANGE COUNTY PLANNING BOARD
WHITTED MEETING FACILITY
300 WEST TRYON STREET, SECOND FLOOR
HILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, April 9, 2025
Ordinance Review Committee – 6:00 p.m.
Note: This Ordinance Review Committee (ORC) meeting is for Planning Board members who
would like to attend. Attendance is not mandatory and a quorum is not necessary for the ORC
meeting.
No. Page(s) Agenda Item
1.CALL TO ORDER
2.
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT –
RESIDENTIAL SOLAR ARRAYS - To review Planning Director-initiated
amendments to the UDO pertaining to residential solar arrays.
Presenters: Pat Mallett, Deputy Director – Development Services
and Amy Eckberg, Sustainability Projects Manager
3.
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT –
TELECOMMUNICATION FACILITIES - To review Planning Director-initiated
amendments to the UDO pertaining to telecommunication facilities.
Presenter: Pat Mallett, Deputy Director – Development Services and
Consultants
4.ADJOURNMENT
1
2 - 12
13 - 65
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 9, 2025
Action Agenda
Item No.
SUBJECT: Unified Development Ordinance (UDO) Text Amendment – Solar Array
Residential and Accessory Standards
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
Amy Eckberg, Sustainability Program
Manager, (919)-245-2626
Patrick Mallett, Deputy Director, Development
Services, (919) 245-2577
Nicholas Stover, Planner I, (919)-245-2599
L.Karina Nabors, Sustainability Specialist,
(919)-245-2637
1. Proposed Amendments
PURPOSE: To review and comment upon a proposed County-initiated Unified Development
Ordinance (UDO) text amendment regarding Solar Array Residential and Accessory Use
Standards.
BACKGROUND: The Orange County Planning Department, in partnership with the
Sustainability Office, has initiated amendments to UDO Sections 5.2 (Table of Permitted Uses),
5.9.6 (Solar Array), and Article 10 (Definitions). The proposed amendments are intended to be
comprehensive in addressing overly complex text, and to improve interpretation and application
for both staff and applicants.
This amendment represents the first update to the solar standards since the adoption of
UDO Section 5.9.6: Solar Array on November 8, 2012. Because best practices surrounding
solar array residential and accessory standards have since changed, the County staff has
identified the need to update the language to reflect current practices.
The Orange County Strategic Plan identifies "Environmental Protection and Climate Action"
as the first priority with the objective of "identify[ing] the priorities and resources necessary to
implement the Climate Action Plan." Orange County’s Climate Action Plan prioritizes solar
energy adoption as a foundational strategy for achieving our renewable energy goals
and reducing greenhouse gas emissions. Strategy BE 2.5.1 of the Climate Action Plan
specifically calls for “implement[ing] an expedited permitting process for all new solar projects
across the county.” The purpose served by this text amendment is to carry out these objectives.
As part of our commitment to advancing solar energy, Orange County earned a SolSmart
designation, recognizing our efforts to make solar more accessible. By updating the UDO with
best practices in solar zoning, we can eliminate regulatory obstacles, simplify permitting, and
provide greater clarity for property owners. These updates will further our SolSmart goals,
directly support BE 2.5.1, and ensure faster approvals, reduced administrative burdens, and a
smoother transition to clean energy for our community.
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In compliance with the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and
Agreement, the proposed amendments were sent to both towns for comment on March 27,
2025. To date, no comments have been received.
Proposed text amendment language can be found in Attachment 1 within a “track changes”
format.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Existing staff, included in the Departmental staffing budget,
will accomplish the work required to process this amendment.
RECOMMENDATION(S): Planning staff recommends the Ordinance Review Committee review
and comment upon the proposed amendments to the UDO.
3
The following packet details the proposed modifications to Solar Array Residential and
Accessory Standards. Proposed revisions include simplification of ordinance language to better
interpret and administer provisions for both staff and applicants.
Within this amendment package:
•Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO.
•Red Strikethrough Text: Denotes existing text that staff is proposing to delete.
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:
https://www.orangecountync.gov/3040/Unified-Development-Ordinance-UDO.
4
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-10
TABLE OF PERMITTED USES
*= PERMITTED USE Δ = SUBJECT TO USE STANDARDS S = SPECIAL USE
USE TYPE
CONVENTIONAL ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 O/
RM AS EI I 1 I2 I3 PID EDB-
1
EDB-
2
EDE-
1
EDE-
2
EDH-
1
EDH-
2
EDH-
3
EDH-
4
EDH-
5
ASE-
CD
MPD-
CD
HP-
CD
REDA-
CD-1 R-CD NR-
CD
62 (M). Kennel Class II S S S S S S S S Δ Δ
62 (N).
Petroleum Product
Storage And
Distribution
* * * * *
62 (O). Sexually Oriented
Businesses Δ Δ
62 (P). Storage of Goods Δ Δ Δ Δ Δ Δ Δ Δ Δ * * *
62 (Q). Taxidermy S Δ Δ Δ Δ Δ Δ *
TELECOMMUNICATION USES
63. Telecommunication Tower (75
feet or shorter) Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
64.
Telecommunication Tower
(Over 75 feet to less than 200
feet in height)
S S S S S S S S S S S S S S S S S S S S S S S S S Δ Δ Δ Δ
65. Telecommunication Tower (200
feet and higher) Δ Δ
66. Ham Radio Towers Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
UTILITIES
67. Elevated Water Storage Tanks S S S S S S S S S S S S S S S S S S S S S S S Δ Δ Δ Δ
68.
Public Utility Stations & Sub-
Stations, Switching Stations,
Telephone Exchanges, Water &
Sewage Treatment Plants
Δ Δ Δ Δ
69. Electric, Gas, and Liquid Fuel
Transmission Lines S S S S S S S S S S S S S S S S S S S S S S S Δ Δ Δ Δ
70. Water & Sanitary Sewer
Pumping Stations Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
71. Solar Array – Accessory,
Residential, and Farm Uses Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
72. Solar Array – Large Facility S S S S S S S S S S S S S S S S S S S S S S S Δ Δ Δ Δ
73. Solar Array – Public Utility Δ Δ Δ Δ
5
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-11
TABLE OF PERMITTED USES
*= PERMITTED USE Δ = SUBJECT TO USE STANDARDS S = SPECIAL USE
USE TYPE
CONVENTIONAL ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 O/
RM AS EI I 1 I2 I3 PID EDB-
1
EDB-
2
EDE-
1
EDE-
2
EDH-
1
EDH-
2
EDH-
3
EDH-
4
EDH-
5
ASE-
CD
MPD-
CD
HP-
CD
REDA-
CD-1
R-CD NR-
CD
WASTE MANAGEMENT USES
73.
74. Landfills Δ
74.
75. Waste Management Facility Δ
Wholesale Trade Uses
75.
76. Wholesale Trade * * * * * * * * * * * *
Assembly Uses
76.
77. Club or Lodge Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
77.
78. Community Center S S S S S S S S S Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
78.
79. Museum S S S S S Δ Δ Δ
79.
80. Place of Worship Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
80.
81. Retreat Center S S S Δ Δ Δ Δ Δ Δ Δ Δ Δ
81.
82. Rural Special Events Δ Δ Δ Δ Δ Δ
82.
83.
Special Events – 150 attendees
or less Δ Δ Δ Δ Δ
83.
84.
Special Events – 151 attendees
or more Δ Δ
84.
85. Theater Δ Δ Δ * Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
Miscellaneous Uses
85.
86.
Research Lands & Installations,
Non-profit *
6
Article 5: Uses
Section 5.9: Standards for Utilities
Orange County, North Carolina – Unified Development Ordinance Page 5-62
(c)A Landscape Plan, at the same scale as the site plan, showing existing
and proposed trees, plus shrubs, ground cover and other landscape
materials.
(2)Standards of Evaluation
(a)Adequate provision has been made, by means of fencing or otherwise,
for the security of the site, including the provision of a gate at the access
entrance of access roads leading to such facilities.
(b)A minimum lot size shall be adequate for the proposed use.
(c)Adequate provision has been made for the protection of adjacent
property from the dangers of collapse, fire, flooding or other menaces to
public health and safety.
(d)The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of
$500,000.00 per occurrence.
5.9.5 Electric, Gas and Liquid Fuel Transmission Lines
(A)Submittal Requirements and Standards of Evaluation for Special Use Permit and
Conditional Districts
(1)Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a)A site plan showing the following:
(i)All existing and proposed structures within the site of the line,
(ii)All existing structures within 50 feet of the boundaries of the site,
and
(iii)Officially designated floodways and floodplains.
(b)An Erosion and Sedimentation Control Plan for the site.
(c)Typical cross sections for the installation showing elevation ofall
structures and existing and proposed topography.
(d)Plans and elevations of all proposed structures and descriptions of the
color and nature of all exterior materials.
(e)Certification by the applicant that it is a public utility and a statementthat
the proposed installation is necessary to accomplish its public utility
function and that public convenience and necessity will be served by the
proposed installation.
(2)Standards of Evaluation
(a)Adequate provision has been made to protect adjacent property from the
dangers of explosion, rupture, collapse, fire or other menaces to public
health and safety.
(b)The public convenience and necessity shall be served by this proposed
installation, if installed as proposed.
(c)The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of
$500,000.00 per occurrence.
5.9.6 Solar Array
(A)Standards for Solar Arrays as an Accessory Use
7
Article 5: Uses
Section 5.9: Standards for Utilities
Orange County, North Carolina – Unified Development Ordinance
[1] Covered in the North Carolina Building Code
Page 5-63
(1)Standards of Evaluation
Residential and non-residential land uses shall be allowed to develop onsite solar
arrays as a customary accessory use subject to submittal of a professionally
prepared site plan in accordance with Section 2.5, demonstrating compliance
with applicable standards as well as the following:
(a)Nothing detailed herein shall be construed as the County mandating or
requiring property owners adjacent, or in close proximity, to a parcel
where a solar array is being erected to manage, remove, or otherwise
alter foliage to guarantee solar access to a proposed array.
(b)Capacity, Volume, and Area Limits[1]
Solar Arrays, whether building or ground mounted, shall conform to the
following limits:
(i)Residential
a.Have a rated capacity consistent with local utility
providers net metering policy not to exceed 20 kilowatts
(for electricity); or
b.Have a rated storage volume of less than or equal to 240
gallons (for heated water); or
c.Have a collector area of less than or equal to 1,000
square feet (for thermal).
(ii)Non-residential
a.Limits shall be based on the average electricity, storage
volume, and thermal collector area necessary to support
the needs of the proposed facility,
(c)(b) Device(s) shall provide power for the principal use and accessory uses
of the property on which it is located and shall not be installed and/or
used solely for income generation purposes where power is sold either to
a utility provider or other similar third party entity.
This provision shall be in no way construed as limiting the ability of the
property owner to:
(iii)Transfer or sell excessive power generated onsite back to
the utility provider or other third party entity or
(iv)Receive credit from a local utility provider for the
power generated onsite as a means to offset utility
bills.
(d)The property owner shall provide the County with written authorization from
the local utility company acknowledging and approving the utility
connection.
(e)(c) The site plan shall denote the location and type of any batteries or other
similar storage devices onsite.
(f)Panels shall be designed and oriented on the property such that
concentrated solar radiation or glare shall not be directed onto nearby
properties or road rights-of-way, or otherwise create a safety hazard.
(g)(d) As part of the site plan submittal, the applicant shall be required to
submit documentation detailing the proposed array will not alter, or
require alteration of, any condition imposed as part of a previous
approval allowing for the development and use of the property.
(h) All mechanical equipment associated with, and necessary for, the operation
of the array shall be shielded to avoid damage. This shielding
8
Article 5: Uses
Section 5.9: Standards for Utilities
Orange County, North Carolina – Unified Development Ordinance
[2] Setback set with requirement that more aligns with accessory structures
(e.g., fences).
Page 5-64
may take the form of a small enclosed structure properly vented to allow
for air flow, fence, or landscape hedge.
(i)(e) Mechanical equipment shall not be located within the required setback
areas for the underlying zoning district as detailed within Article 3 or
within required landscaped areas as required under Section 6.8.
(j)(f) Before commencement of earth disturbing activities, the propertyowner
must acknowledge that he/she is the responsible party for owning and
ensuring the perpetual maintenance of the solar array.
(k)(g) In cases where a solar array has not been in operation for a period of 6
months due to a malfunction or other defect the property owner shall
affect repair(s) to the system within 30 days of notice from the County in
accordance with Section 9.5 of the UDO.
In cases where the array has been deemed unsafe it shall be removed or
repaired immediately in accordance with Section 9.5.5 of the UDO.
(2)Standards for Building Mounted Devices:
(a)An array may be mounted on the roof of a principal, or an
accessory structure located on the property.
(b)The array shall be viewed as an extension of the roof structure and, as a
result, shall not exceed the maximum building height detailed within
Article 3 for the underlying zoning district where the property is located.
(c)As part of the building permit review process, structural engineeringshall
be provided demonstrating the roof can support the weight of the
proposed array.
(3)Standards for Ground Mounted Devices:
(a)Ground mounted system shall not exceed a maximum height of 15 feet
from finished grade.
(b)The surface area of a ground mounted system, regardless of the
mounted angle, shall be calculated as part of the overall impervious
surface area for the parcel in accordance with the provisions of Section
4.2.
(c)(a) Arrays shall be allowed to be erected anywhere on the property outside
of established setback areas, buffer areas, designated open space
areas, and well/septic system setback areas as identified by Orange
County Environmental Health.
(d)(b) Arrays shall observe the setback requirements of the underlying zoning
district where the property is located as detailed within Article 3.
In the case of an array erected on a non-residentially zoned property, the
array shall not be located within any required setback, landscape, or
buffer area.
(c)An array may be located on parcel separate from the one on which the
residential structure it serves is located, provided there is a recorded
easement detailing the off-site utility use of the array.
(d)Ground Mounted arrays shall be located not less than 10 feet from side
and rear property lines, 20 feet from and public or private rights-of-way,
and shall be outside stream buffers, floodplains, wetlands, and primary
Common Open Space areas. [2]
9
Article 5: Uses
Section 5.9: Standards for Utilities
Orange County, North Carolina – Unified Development Ordinance
[3] Covered under erosion control 6.15
Page 5-65
(e)Upon removal of a ground-mounted solar energy system, the disturbed
land shall be restored to its natural grade, stabilized in accordance with
Section 6.15, and revegetated, with plant materials consistent with the
Orange County Recommended Plant list. [3]
(4)Standards for Farm-Related Solar Arrays
(a)All properties with verifiable bona fide farm status shall be allowed to
develop solar arrays including Solar Array - Private Utilities, pending
electrical permitting from Building Inspections.
(B)Submittal Requirements and Standards of Evaluation for Solar Array – Large
Facility (Special Use Permit)
(1)Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a)A site plan showing all existing structures on the property, any proposed
buildings or structures that are necessary to support the proposed array,
existing and proposed storage areas, parking and access areas,
topography at a contour interval of five feet, any officially designated
floodplains or alluvial soils.
(b)An assessment of the power needs for all structures on the property and
the anticipated power generated by the proposed array.
(c)The proposed arrays distance from all structures located on the property.
(d)Plans and elevations for all proposed structures and arrays as wellas
descriptions of the color and nature of all exterior materials.
(e)Landscape Plan, at the same scale as the site plan, showing existing
and proposed trees, shrubs, ground cover and other landscape material
(f)A soils report denoting the types of soil on the property including detail
on the compaction necessary to support the proposed development.
(2)Standards of Evaluation
(a)The proposed array shall not require the alteration of existing land use(s)
to accommodate development.
(b)All on-site utility and transmission lines shall, to the extent feasible, be
placed underground.
(c)The height of proposed arrays and support structures shall not exceed
the height requirements of the underlying zoning district where the
property is located as detailed within Article 3.
(d)Individual arrays/solar panels shall be designed and located in orderto
prevent reflective glare toward any inhabited buildings on adjacent
properties as well as adjacent street rights-of-way.
(e)A clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(f)All mechanical equipment, including any structure for batteries or storage
cells, shall be completely enclosed by a minimum eight (8) foot high
fence with a self-locking gate, and provided with screening inaccordance
with the provisions of Section 6.8.
(g)The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of
$500,000.00 per occurrence.
10
Article 5: Uses
Section 5.9: Standards for Utilities
Orange County, North Carolina – Unified Development Ordinance
[3] Covered under erosion control 6.15
Page 5-65
(h)A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to
property zoned, or otherwise utilized for, residential use except where
such property is owned, leased or consists of other utility easements
currently used for electrical distribution or transmission purposes.
Existing vegetation may be used to satisfy the landscaping requirements.
11
Article 10: Definitions
Section 10.1: Definitions
stenciling of the name of a non-residential establishment and may include hours of operation, phone
numbers, and other pertinent information associated with the non-residential land use.
An example of a window sign includes:
Site Specific Vesting Plan
A plan approved by the Orange County Board of Commissioners which describes, with reasonable
certainty, the type and intensity of use for a specific parcel or parcels of property located within the
County's zoning jurisdiction. A Site Specific Vesting Plan shall be deemed approved upon the effective
date of the Board of Commissioners' action.
Site Plans, Conditional Districts, and Preliminary Subdivision Plats may be approved as Site Specific
Vesting Plans in accordance with the provisions of this Ordinance. Site Specific Vesting Plans are
required only where an applicant wishes to vest his property rights for a period longer than that otherwise
permitted by this Ordinance, in accordance with NCGS 160D-108.
Solar Array
A device, array of devices, or structural design feature, the purpose of which is to provide for generation
or storage of electricity from sunlight, or the collection, storage, and distribution of solar energy for space
heating or cooling, interior lighting, water heating, or other domestic needs.
Solar Array – Accessory Use
Include any photovoltaic, concentrated solar thermal, or solar hot water devices that are accessory to,
and incorporated into the development of an authorized use of the property, and which are designed for
the purpose of reducing or meeting on-site energy needs.
Solar Array – Large Facility
A solar facility located on a developed or undeveloped parcel of property producing more than 20 but less
than 100 kilowatts of power that converts sunlight into electricity, whether by photovoltaics (PV),
concentrating solar thermal (CST) devices, or various experimental solar technologies, with the purpose
of supplying power to existing land use(s) as well as the wholesale or retail sale of generated electricity.
Solar Array – Private Utility
A privately-owned utility-scale facility that converts sunlight into electricity, whether by photovoltaics
(PV), concentrating solar thermal (CST) devices, or various experimental solar technologies, producing
more than 100 kilowatts of power with the primary purpose of wholesale or retail sales of generated
electricity.
Solar Array – Public Utility
A utility-scale commercial facility that converts sunlight into electricity, whether by photovoltaics (PV),
concentrating solar thermal (CST) devices, or various experimental solar technologies, producing more
than 100 kilowatts of power with the primary purpose of wholesale or retail sales of generated electricity.
12
ORANGE COUNTY
PLANNING BOARD
ORDINANCE REVIEW COMMITTEE
Meeting Date: April 9, 2025
Action Agenda
Item No.
SUBJECT: Unified Development Ordinance Text Amendment – Telecommunications Standards
DEPARTMENT: Planning and Inspections
ATTACHMENT(S):
1.Amendments Summary
2.Proposed Ordinance Amendments
INFORMATION CONTACT:
Cy Stober, Director (919) 245-2592
Patrick Mallett, Deputy Director,
Development Services, (919) 245-2577
Jack Moran, Planning Technician, (919)
245-2571
PURPOSE: To provide an overview and receive comments from the Planning Board’s
Ordinance Review Committee on County-initiated text amendments to the Unified
Development Ordinance (UDO) Telecommunications Standards.
BACKGROUND: The Orange County Planning Department has initiated amendments to the
Unified Development Ordinance sections 5.2: Table of Permitted Uses, 5.10: Standards for
Telecommunications Facilities, and Article 10: Definitions, as well as creating a new section,
8.14: Nonconforming Wireless Telecommunication Facilities.
These proposed amendments to the ordinance represent the first update since the adoption of
the UDO on April 5, 2011. In an effort to protect residential areas, minimize new facilities, and
to encourage new telecommunication facilities to locate in non-residential areas, County staff
has identified the need to update the text to reflect current best practices.
In compliance with the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and
Agreement, the proposed amendments were sent to both towns for comment on March 27,
2025. To date, no comments have been received. A community and industry meeting detailing
the proposed ordinance amendments will be held on April 7, 2025, to notify and receive input
from stakeholders.
FINANCIAL IMPACT: This text amendment has an awarded contract for professional
services with a budgeted fixed fee amount not to exceed $25,000. There are no other costs
associated with this project other than the use of staff time and the required legal
advertisement for the text amendment’s public hearing. Staff has and will continue to
accomplish the necessary tasks associated with amending the UDO and the legal
advertisement will be paid from budgeted funds for this purpose.
RECOMMENDATION(S): The Planning Director recommends the ORC review the proposed
amendment actions and provide feedback to staff.
3
13
MEMORANDUM
G. Nicholas Herman
Robert E. Hornik, Jr.
T.C. Morphis, Jr.
Albert M. Benshoff
S. Ellis Hankins
Kevin R. Hornik
Brady N. Herman
Lydia E. Lavelle
TO: The Orange County Board of Commissioners, Planning Board and Staff
FROM: Albert Benshoff and Lydia Lavelle, The Brough Law Firm, PLLC
DATE: March 25, 2025
herman@broughlawfirm.com
hornik@broughlawfirm.com
morphis@broughlawfirm.com
benshoff@broughlawfirm.com
hankins@broughlawfirm.com
khornik@broughlawfirm.com
bherman@broughlawfirm.com
lavelle@broughlawfirm.com
RE: Summary of changes to the Orange County UDO regarding Telecommunications
Facilities
INTRODUCTION: The Brough Law Firm was retained to update the County's zoning
ordinances on telecommunications facilities, include TV, radio, mobile telephone and ham radio
towers. Since the current ordinance was adopted but the Federal Communications Commission
and the N.C. General Assembly adopted mandatory requirements for new towers, particularly
including deadline and mandatory placement of small towers in public rights-of-way. The draft
replaces the current code. Please address any questions and comments to the Planning staff or to
benshoff(ci),broughlawfirm.com and/or to lavelle@broughlawfirm.com.
DEFINITIONS: The definitions were amended to follow those found in N.C. Gen. Stat. § 160D-
931 Definitions. The definitions in the statute largely track those adopted by the Federal
Communications Commission (FCC) and the industry.
STANDARDS and PROCEDURES: Most of the Te lecommunications Facilities' standards were
found in UDO§ 5.10. Section 5.10 has been wholly revised. It is still called Standards for
Te lecommunications Facilities. New technologies require new standards. Some regulations
were not effective in obtaining better development. These were deleted.
In the old version, most towers or "wireless support structures" as they are now called in the
General Statutes over 75 feet tall were approved by Special Use Permits issued by the County
Commissioners following a quasi-judicial hearing. To wers over 200 feet tall were permitted
only with conditions in the R-CD and NR-CD zoning districts. A few towers could be approved
administratively by staff.
In the new version, a SUP is required for towers above 75 feet located on private property, and
all towers over 215 feet. The number of administrative ( staff) approvals of towers and antennas
are increased.
Site plans with additional standards for towers are still required for both administrative approvals
and SUPs.
The Brough Law Firm, PLLC I 1526 E. Franklin Street I Suite 200 I Chapel Hill, NC 27514 I broughlawfirm.com
CHAPEL HILL (919) 929-3905 I CONCORD (980) 622-6440 I RALEIGH (919) 349-8988
14
15
The following packet details the proposed modifications to Telecommunications Facilities
Standards.
Within this amendment package:
•Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO.
•Red Strikethrough Text: Denotes existing text that staff is proposing to delete.
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:
https://www.orangecountync.gov/3040/Unified-Development-Ordinance-UDO.
16
MASTER TABLE OF CONTENTS
Orange County, North Carolina – Unified Development Ordinance vii
5.6.5 Garden Center ............................................................................................... 5-30
5.6.6 Massage Business ......................................................................................... 5-30
5.6.7 Junkyards/Salvage Yards .............................................................................. 5-30
5.6.8 Kennels (Class II) ........................................................................................... 5-30
5.6.9 Short Term Rental Small – Host Occupied .................................................... 5-32
5.6.10 Short Term Rental Large – Host Occupied .................................................... 5-33
5.6.11 Storage of Goods ........................................................................................... 5-35
5.6.12 Taxidermy ...................................................................................................... 5-35
5.6.13 Sexually Oriented Businesses ....................................................................... 5-35
SECTION 5.7: STANDARDS FOR RECREATIONAL USES ................................................................... 5-36
5.7.1 Recreational Uses as Accessory Uses .......................................................... 5-36
5.7.2 Recreational Facilities .................................................................................... 5-36
5.7.3 Golf – Driving and Practice Range ................................................................ 5-38
5.7.4 Golf Courses .................................................................................................. 5-39
5.7.5 Camp .............................................................................................................. 5-48
5.7.6 Race Track ..................................................................................................... 5-49
5.7.7 Guest Ranch .................................................................................................. 5-51
SECTION 5.8: STANDARDS FOR CARE & EDUCATIONAL FACILITIES ................................................ 5-51
5.8.1 Center in a Residence ................................................................................... 5-51
5.8.2 Care Facilities ................................................................................................ 5-52
5.8.3 Schools: Universities, Colleges, and Institutes .............................................. 5-54
5.8.4 Schools: Preparatory .................................................................................... 5-55
5.8.5 Schools: Technical, Trade, and Skill Training ................................................ 5-59
SECTION 5.9: STANDARDS FOR UTILITIES ..................................................................................... 5-59
5.9.1 Telephone Exchanges (without business offices), subscriber loop huts,
pressure regulator stations, water and sanitary sewer pumping stations ...... 5-59
5.9.2 Electrical Substations, Switching and Metering Stations, and Associated
Transmission Lines, Where Incoming Voltage Does Not Exceed 100
Kilovolts (kv) ................................................................................................... 5-61
5.9.3 Public Utility Stations and Substations (Including Electric Substations,
Metering, and Switching Stations Receiving More Than 100 Kilovolts (kv)
of Electricity), Water Treatment Plant, Sewage Treatment Plant,
Telephone Exchanges ................................................................................... 5-61
5.9.4 Elevated Water Storage Tanks ...................................................................... 5-62
5.9.5 Electric, Gas and Liquid Fuel Transmission Lines ......................................... 5-63
5.9.6 Solar Array ..................................................................................................... 5-63
SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES ................................................. 5-68
5.10.1 Intent .............................................................................................................. 5-68
5.10.2 Standards and Application Requirements for all new Wireless Support
Structures and Substantial Modifications .................................................................... 5-68
5.10.3 Submittal Requirements for all New Wireless Telecommunication
Facilities and Substantial Modifications Requiring a Special Use Permit ................... 5-68
5.10.4 Standards and Procedures for Administrative Approvals of Wireless
Support Structures, Substantial Modifications, Collocations, and Eligible Facility
Requests ..................................................................................................................... 5-69
5.10.5 Standards and Procedures for Small and Micro-Wireless Facilities ............. 5-69
5.10.6 Cessation ....................................................................................................... 5-70
5.10.7 Abandonment ................................................................................................. 5-71
5.10.8 Removal ......................................................................................................... 5-72
5.10.9 Temporary Use Permits for Wireless Support Structures and Facilities....... 5-89
5.10.10 Ham Radio Antennas ..................................................................................... 5-90
5.10.11 Non-Conforming Wireless Telecommunications Facilities ............................ 5-90
SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES ................................................. 5-68
5.10.1 Intent .............................................................................................................. 5-68
5.10.2 Master Telecommunications Plan (“Plan”) ..................................................... 5-68
5.10.3 Annual Telecommunications Projection Meeting (ATPM) ............................. 5-68
5.10.4 Existing Wireless Telecommunications Support Structures .......................... 5-69
5.10.5 Wireless Telecommunications Support Structures and Equipment as
Principal or Accessory Uses .......................................................................... 5-69
17
MASTER TABLE OF CONTENTS
Orange County, North Carolina – Unified Development Ordinance viii
5.10.6 Administrative Approval of Certain Telecommunication Facilities ................. 5-70
5.10.7 Antennas Not Located on Wireless Telecommunications Support
Structures ....................................................................................................... 5-71
5.10.8 Wireless Telecommunications Support Structures – Submittal and
Review Requirements .................................................................................... 5-72
5.10.9 Removal of Wireless Support Structures and Facilities ................................. 5-89
5.10.10 Ham Radio Antenna ....................................................................................... 5-90
SECTION 5.11: STANDARDS FOR WASTE MANAGEMENT FACILITIES ............................................... 5-100
5.11.1 Solid Waste Collection Facilities Owned and Operated by A Public
Agency for the Purpose of Disposal of Household Waste by Orange
County Residents ......................................................................................... 5-100
5.11.2 Landfills ........................................................................................................ 5-101
5.11.3 Waste Management Facility, Hazardous and Toxic .................................... 5-103
SECTION 5.12: STANDARDS FOR EXTRACTIVE USES ..................................................................... 5-104
5.12.1 Borrow Pits for Federal and State Highway Projects ................................... 5-104
5.12.2 Extraction of Earth Products ........................................................................ 5-104
SECTION 5.13: STANDARDS FOR AGRICULTURAL USES ................................................................. 5-108
5.13.1 Agricultural Processing Facility .................................................................... 5-108
5.13.2 Agricultural Processing Facility, Community ................................................ 5-109
5.13.3 Cold Storage Facility .................................................................................... 5-109
5.13.4 Community Farmers’ Market........................................................................ 5-110
5.13.5 Composting Operation ................................................................................. 5-110
5.13.6 Cooperative Farm Stand .............................................................................. 5-111
5.13.7 Equestrian Center ........................................................................................ 5-111
5.13.8 Farm Equipment Rental, Sales and Service ................................................ 5-112
5.13.9 Farm Supply Store ....................................................................................... 5-112
5.13.10 Feed Mill ....................................................................................................... 5-113
5.13.11 Greenhouses with On Premise Sales .......................................................... 5-114
5.13.12 Meat Processing Facility, Community .......................................................... 5-114
5.13.13 Meat Processing Facility, Regional .............................................................. 5-115
5.13.14 Non-Farm Use of Farm Equipment .............................................................. 5-115
5.13.15 Stables, Commercial .................................................................................... 5-116
5.13.16 Stockyards / Livestock Markets ................................................................... 5-117
SECTION 5.14: STANDARDS FOR MANUFACTURING, ASSEMBLY, PROCESSING, AND DISTRIBUTION
USES – FOOD ................................................................................................ 5-117
5.14.1 Manufacturing, Assembly, Processing, and Distribution Uses – Food ........ 5-117
5.14.2 Microbrewery................................................................................................ 5-118
5.14.3 Winery .......................................................................................................... 5-120
SECTION 5.15: STANDARDS FOR MANUFACTURING, ASSEMBLY, PROCESSING, AND DISTRIBUTION
USES – OTHER THAN FOOD ............................................................................ 5-122
5.15.1 Manufacturing, Assembly, Processing and Distribution Uses - Other
Than Food .................................................................................................... 5-122
5.15.2 Metal Fabrication Shop ................................................................................ 5-122
5.15.3 Research Facility With Manufacturing ......................................................... 5-122
5.15.4 Sawmills ....................................................................................................... 5-123
SECTION 5.16: STANDARDS FOR AUTOMOTIVE/TRANSPORTATION RELATED USES ......................... 5-123
5.16.1 Airports, General Aviation, Heliports, STOL ................................................ 5-123
5.16.2 Motor Vehicle Sales / Rental........................................................................ 5-124
5.16.3 Motor Vehicle Service .................................................................................. 5-124
SECTION 5.17: STANDARDS FOR MEDICAL USES .......................................................................... 5-125
5.17.1 Medical Uses................................................................................................ 5-125
5.17.2 Veterinary Clinic ........................................................................................... 5-125
5.17.3 Veterinary Hospital ....................................................................................... 5-125
SECTION 5.18: STANDARDS FOR ASSEMBLY USES........................................................................ 5-125
5.18.1 Assembly Uses, All Subtypes ...................................................................... 5-125
5.18.2 Community Center ....................................................................................... 5-126
5.18.3 Museum ....................................................................................................... 5-126
5.18.4 Retreat Center ............................................................................................. 5-126
5.18.5 Rural Special Events .................................................................................... 5-127
18
5.9.2 Electrical Substations, Switching and Metering Stations, and Associated
Transmission Lines, Where Incoming Voltage Does Not Exceed 100
Kilovolts (kv) ................................................................................................... 5-61
5.9.3 Public Utility Stations and Substations (Including Electric Substations,
Metering, and Switching Stations Receiving More Than 100 Kilovolts (kv)
of Electricity), Water Treatment Plant, Sewage Treatment Plant,
Telephone Exchanges ................................................................................... 5-61
5.9.4 Elevated Water Storage Tanks ...................................................................... 5-62
5.9.5 Electric, Gas and Liquid Fuel Transmission Lines ......................................... 5-63
5.9.6 Solar Array ..................................................................................................... 5-63
SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES ................................................. 5-68
5.10.1 Intent .............................................................................................................. 5-68
5.10.2 Master Telecommunications Plan (“Plan”) ..................................................... 5-68
5.10.3 Annual Telecommunications Projection Meeting (ATPM) ............................. 5-68
5.10.4 Existing Wireless Telecommunications Support Structures .......................... 5-69
5.10.5 Wireless Telecommunications Support Structures and Equipment as
Principal or Accessory Uses .......................................................................... 5-69
5.10.6 Administrative Approval of Certain Telecommunication Facilities ................. 5-70
5.10.7 Antennas Not Located on Wireless Telecommunications Support
Structures ....................................................................................................... 5-71
5.10.8 Wireless Telecommunications Support Structures – Submittal and
Review Requirements .................................................................................... 5-72
5.10.9 Removal of Wireless Support Structures and Facilities ................................. 5-89
5.10.10 Ham Radio Antenna ....................................................................................... 5-90
SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES ................................................. 5-68
5.10.1 Intent .............................................................................................................. 5-68
5.10.2 Standards and Application Requirements for all new Wireless Support
Structures and Substantial Modifications .................................................................... 5-68
5.10.3 Submittal Requirements for all New Wireless Telecommunication
Facilities and Substantial Modifications Requiring a Special Use Permit ................... 5-68
5.10.4 Standards and Procedures for Administrative Approvals of Wireless
Support Structures, Substantial Modifications, Collocations, and Eligible Facility
Requests ..................................................................................................................... 5-69
5.10.5 Standards and Procedures for Small and Micro-Wireless Facilities ............. 5-69
5.10.6 Cessation ....................................................................................................... 5-70
5.10.7 Abandonment ................................................................................................. 5-71
5.10.8 Removal ......................................................................................................... 5-72
5.10.9 Temporary Use Permits for Wireless Support Structures and Facilities....... 5-89
5.10.10 Ham Radio Antennas ..................................................................................... 5-90
5.10.11 Non-Conforming Wireless Telecommunications Facilities ............................ 5-90
SECTION 5.11: STANDARDS FOR WASTE MANAGEMENT FACILITIES ............................................... 5-100
5.11.1 Solid Waste Collection Facilities Owned and Operated by A Public
Agency for the Purpose of Disposal of Household Waste by Orange
County Residents ......................................................................................... 5-100
5.11.2 Landfills ........................................................................................................ 5-101
5.11.3 Waste Management Facility, Hazardous and Toxic .................................... 5-103
SECTION 5.12: STANDARDS FOR EXTRACTIVE USES ..................................................................... 5-104
5.12.1 Borrow Pits for Federal and State Highway Projects ................................... 5-104
5.12.2 Extraction of Earth Products ........................................................................ 5-104
SECTION 5.13: STANDARDS FOR AGRICULTURAL USES ................................................................. 5-108
5.13.1 Agricultural Processing Facility .................................................................... 5-108
5.13.2 Agricultural Processing Facility, Community ................................................ 5-109
5.13.3 Cold Storage Facility .................................................................................... 5-109
5.13.4 Community Farmers’ Market........................................................................ 5-110
5.13.5 Composting Operation ................................................................................. 5-110
5.13.6 Cooperative Farm Stand .............................................................................. 5-111
5.13.7 Equestrian Center ........................................................................................ 5-111
5.13.8 Farm Equipment Rental, Sales and Service ................................................ 5-112
5.13.9 Farm Supply Store ....................................................................................... 5-112
5.13.10 Feed Mill ....................................................................................................... 5-113
19
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-10
TABLE OF PERMITTED USES
* = PERMITTED USE Δ = SUBJECT TO USE STANDARDS S = SPECIAL USE
USE TYPE
CONVENTIONAL ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 O/
RM AS EI I 1 I2 I3 PID EDB-
1
EDB-
2
EDE-
1
EDE-
2
EDH-
1
EDH-
2
EDH-
3
EDH-
4
EDH-
5
ASE-
CD
MPD-
CD
HP-
CD
REDA-
CD-1 R-CD NR-
CD
62 (M). Kennel Class II S S S S S S S S Δ Δ
62 (N).
Petroleum Product
Storage And
Distribution
* * * * *
62 (O). Sexually Oriented
Businesses Δ Δ
62 (P). Storage of Goods Δ Δ Δ Δ Δ Δ Δ Δ Δ * * *
62 (Q). Taxidermy S Δ Δ Δ Δ Δ Δ *
TELECOMMUNICATION USES
63.
Telecommunication Tower /
Wireless Support Structure/
Substantial Modification
(74 feet or shorter) Includes
stealth wireless support
structures)Telecommunication
Tower (75 feet or shorter)
Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
64.
Telecommunication Tower /
W.S.S. / Substantial
Modification (75 feet to 214 feet
in height)Telecommunication
Tower (Over 75 feet to less
than 200 feet in height)
S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S Δ Δ Δ Δ Δ Δ
65
Telecommunication Tower /
W.S.S. / Substantial
Modification on government and
institution-owned properties (75
feet to 214 feet in height)
Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
665
.
Telecommunication Tower (215
feet and
higher)Telecommunication
Tower (200 feet and higher)
S S S S S S S S S S S S S S S S S SΔ SΔ
67 Small / Micro Cell Wireless
Facility Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
686
. Ham Radio Towers Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
20
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-11
TABLE OF PERMITTED USES
* = PERMITTED USE Δ = SUBJECT TO USE STANDARDS S = SPECIAL USE
USE TYPE
CONVENTIONAL ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 O/
RM AS EI I 1 I2 I3 PID EDB-
1
EDB-
2
EDE-
1
EDE-
2
EDH-
1
EDH-
2
EDH-
3
EDH-
4
EDH-
5
ASE-
CD
MPD-
CD
HP-
CD
REDA-
CD-1 R-CD NR-
CD
UTILITIES
697
. Elevated Water Storage Tanks S S S S S S S S S S S S S S S S S S S S S S S Δ Δ Δ Δ
706
8.
Public Utility Stations & Sub-
Stations, Switching Stations,
Telephone Exchanges, Water &
Sewage Treatment Plants
Δ Δ Δ Δ
716
9.
Electric, Gas, and Liquid Fuel
Transmission Lines S S S S S S S S S S S S S S S S S S S S S S S Δ Δ Δ Δ
720
.
Water & Sanitary Sewer
Pumping Stations Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
731
. Solar Array – Large Facility S S S S S S S S S S S S S S S S S S S S S S S Δ Δ Δ Δ
742
. Solar Array – Public Utility Δ Δ Δ Δ
WASTE MANAGEMENT USES
735
. Landfills Δ
764
. Waste Management Facility Δ
Wholesale Trade Uses
775
. Wholesale Trade * * * * * * * * * * * *
Assembly Uses
786
. Club or Lodge Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
797
. Community Center S S S S S S S S S Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
807
8. Museum S S S S S Δ Δ Δ
21
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-12
TABLE OF PERMITTED USES
* = PERMITTED USE Δ = SUBJECT TO USE STANDARDS S = SPECIAL USE
USE TYPE
CONVENTIONAL ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 O/
RM AS EI I 1 I2 I3 PID EDB-
1
EDB-
2
EDE-
1
EDE-
2
EDH-
1
EDH-
2
EDH-
3
EDH-
4
EDH-
5
ASE-
CD
MPD-
CD
HP-
CD
REDA-
CD-1 R-CD NR-
CD
817
9. Place of Worship Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
820
. Retreat Center S S S Δ Δ Δ Δ Δ Δ Δ Δ Δ
831
. Rural Special Events Δ Δ Δ Δ Δ Δ Δ
842
.
Special Events – 150 attendees
or less Δ Δ Δ Δ Δ
853
.
Special Events – 151 attendees
or more Δ Δ
864
. Theater Δ Δ Δ * Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ
Miscellaneous Uses
875
.
Research Lands & Installations,
Non-profit *
22
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-68
SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES
5.10.1 Intent
The regulations contained herein are designed to provide for the safe and efficient integration of
facilities necessary for the provision of advanced wireless telecommunications services through
the community with the goal of establishing reliable wireless service to the public, governmental
agencies, and first responders in a manner that provides for the public safety and general welfare
of its citizens.
5.10.2 Master Telecommunications Plan (“Plan”)
(A)The Plan is intended to assist providers in their search for suitable locations to build their
service network. The County may develop the Plan (map), which would display
locations within the County’s zoning jurisdiction where property owners have expressed
formal, written, interest in allowing construction of telecommunications equipment.
(B)Information that may be shown on the base Plan will include, but not limited to:
(1)Existing towers,
(2)Major transmission lines,
(3)County-defined Natural Areas,
(4)Historic properties,
(5)Scenic corridors,
(6)Known bird migratory patterns through the County,
(7)Voluntary Agricultural Districts, and
(8)Publicly-owned or quasi-public lands.
(C)In order to participate in the Plan, all owner(s), or their legally binding representatives,
shall submit an application on a form prepared by the Planning Department requesting
inclusion.
(D)All telecommunication providers who elect to construct facilities on properties in the Plan
shall provide all necessary and requested information to the County's
telecommunications consultant.
(E)Modification of the Plan may be considered annually at a Public Hearing in February of
each calendar year. Any applicant requesting modification of the Plan shall make
application to the Planning Director on or before December 1st of each year. The fee for
modifying the Plan shall be that as set forth in the Orange County Schedule of Fees.
(F)Withdrawal from the Plan is permitted if any owner submits, to the Planning Director, a
notarized statement requesting same. Upon receipt of the request, including any fee for
modifying the Plan as set forth in the Orange County Schedule of Fees, the Planning
Director shall inform interested parties that the property has been withdrawn from
consideration. Removal of the property from the Plan shall be processed as a
modification as detailed herein.
5.10.3 Annual Telecommunications Projection Meeting (ATPM)
(A)Purpose and Outcome
(1)The purpose of the ATPM meeting is to allow for a complete review of collocation
opportunities, address coverage issues, and discuss the location of needed
telecommunication support structures with providers who intent on submitting
development applications for action by the County. The intended outcome of the
meeting is to allow the County and interested parties to develop a plan for facility
deployment within the County that provides reasonable coverage based on the
23
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-69
needs of the County and its residents, while minimizing the total number of
needed telecommunication support facilities, including minimizing the
intrusiveness of such facilities, and encouraging the development of a more
efficient telecommunication network.
(2)The intended outcome of the meeting is an understanding amongst the Planning
Director and providers on areas of the County where telecommunication support
facilities are needed and application request for the year should be focused.
(B)Applicability
(1)By December 31st of each calendar year, telecommunication providers shall
submit to the Planning Director a plan indicating proposed search rings for
anticipated telecommunication support structures. This plan shall identify areas
where providers are looking to locate facilities, as well as identify those areas of
the County that are underserved by existing facilities.
(2)As of the effective date of this Ordinance amendment any pending applications
that have not received a zoning compliance permit or a special use permit shall
meet all requirements of this Ordinance, including, but not limited to submission
deadlines, application standards and processing, excluding the ATPM
requirement.
(C)Meeting Specifics
(1)The meeting shall occur by the end of January of each calendar year.
(2)Attendees shall include all carriers and tower companies who have either filed
applications the previous year or anyone who has expressed an interest in filing
an application to construct a telecommunication support facility within the County.
(3)The County shall notify each party of the date, time, and place of the meeting no
later than 30 days prior to the meeting.
(4)Those individuals/firms intent on submitting development applications are
expected to attend the meeting. While a lack of attendance will not prevent the
submittal of an application, it will prevent the applicant’s ability to participate in
the discussions outlining the areas of concentration for the location of
telecommunication support structures for that given year.
(D)Applications for the development of telecommunication support structures shall be
processed in accordance with the provisions of this Ordinance.
5.10.4 Existing Wireless Telecommunications Support Structures
(1)Telecommunications equipment as accessory uses may be placed on existing
wireless support structures in accordance with the provisions of this Ordinance.
(2)Notwithstanding the other provisions of Section 5.10, telecommunications towers
in existence as of December 10, 2002, may be replaced with a wireless support
structure of equal or less visual impact after approval by the Planning Director.
However, if the proposed new wireless support structure would not be consistent
with the minimum standards under Section 5.10, replacement must be approved
as provided for in this Ordinance.
5.10.5 Wireless Telecommunications Support Structures and Equipment as Principal or
Accessory Uses
(A)Wireless telecommunications support structures shall be permitted as a principal or
accessory use in accordance with the Table of Permitted Uses and as follows:
24
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-70
(1)On property owned by the County or any public entity, except those designated
as historic properties or sites, the County may, in its sole discretion as the owner
of the property, authorize the application and use of County property after the
applicant executes a lease agreement acceptable to the County.
(2)Wireless telecommunications facilities, as part of existing utility poles shall be
permitted as an accessory use. Wireless facilities shall be constructed as part of
the existing utility poles or as replacements for the existing utility poles. No
freestanding towers constructed exclusively for personal wireless services shall
be permitted within utility easements.
(3)The placement of new wireless telecommunications support structures shall be in
accordance with the Table of Permitted Uses, except as permitted in the Master
Telecommunications Plan (“Plan”) or by Section 5.10.6 of this Ordinance.
5.10.6 Administrative Approval of Certain Telecommunication Facilities
(A)Applicability
The following telecommunication facilities may be approved administratively by the
Planning Staff provided that all of the provisions contained in Section 5.10 are met:
(1)New stealth telecommunications wireless support structures up to 75 feet in
height that are sufficiently disguised so as to minimize visual impact;
(2)Any wireless support structure less than 75 feet in height;
(3)Any wireless support structure less than 200 feet in height located on property
that is owned or leased by Orange County; and
(4)Any wireless support structure less than 200 feet in height on which the owner of
such facility permits the County to collocate its wireless facilities on the structure
at no charge to the County when the location of such facility is of benefit to the
County as determined in the sole discretion of the County.
(5)A written decision approving or denying an application for administrative approval
of a telecommunication facility under this section shall be issued no later than 45
days following the submission of a complete application.
(6)Collocation applications meeting the following requirements:
(a) The proposed additional facility will not increase the overall height and
width of the tower or wireless support structure to which the wireless
facilities are to be attached consistent with Section 2.7.15(11) of the
Ordinance.
(b)The proposed additional facility will comply with applicable regulations,
restrictions, or conditions, if any, applied to the initial wireless facilities
placed on the tower or other wireless support structure.
(c) The proposed additional wireless facilities comply with all federal, State,
and local safety requirements.
(d)The proposed additional facility does not exceed the applicable weight
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
25
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-71
(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(A)(2).
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.
(B)Standards of Evaluation for Stealth Rooftop or Building, Water Tower, or
Transmission Line Mounted Antennas
In addition to the standards established in Subsection A above, the following are
applicable to all Stealth Rooftop or Building, Water Tower, or Transmission Line Mounted
Antennas:
(1)Antennas shall not exceed 20 feet above the roofline of the building or support
structure, water tank, or transmission line;
(2)Commercial advertising shall not be allowed on an antenna;
(3)Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(4)Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or exceed 12 feet in height;
(5)Documentation shall be required denoting that the erection of an antenna will not
compromise the structural integrity of the building, water tank, or transmission
line;
(6)If an antenna is erected on a transmission line, documentation shall be required
outlining that the antenna will not interfere, or be interfered with, by the normal
operating characteristics of the transmission line;
(7)If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25% of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building; and
(8)Approval of the Planning Director to ensure consistency with the definition of
stealth facility is required. Each application shall contain a rendering or
photograph of the antenna including, but not limited to, colors and screening
devices.
(C)Standards of Evaluation for Non-Stealth Rooftop or Building, Water Tank or
Transmission Line Mounted Antennas
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In addition to the standards established in Sub-Section (A) above, the following are
applicable to all Non-Stealth Mounted Antennas:
(1)Antennas shall not exceed 20 feet above the roofline of the subject building or
support structure, water tank, or transmission line;
(2)Antennas shall only be permitted on buildings or structures that are at least 33
feet tall. Antennas may be placed on buildings less than 33 feet tall if public
safety needs warrant the antenna;
(3)Antennas, and related equipment buildings, shall be located or screened to
minimize the visual impact of the antenna upon adjacent properties and shall be
of a material or color which matches the exterior of the building or structure upon
which it is situated;
(4)Commercial advertising shall not be allowed on an antenna;
(5)Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(6)Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or be more than 12 feet in height;
(7)If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25% of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building;
(8)Antennas may be located on utility poles pursuant to the following regulations:
(a)The maximum height of the pole with antenna shall not exceed 70 feet in
height.
(b)The utility poles shall be located on public property, within public
easements, or public rights-of-way.
(c)The antenna shall be of a size and placement that is structurally
compatible with the engineering design of the pole pursuant to the North
Carolina State Building Code and attested to by a professional engineer
licensed in the State of North Carolina, and competent to evaluate
antenna choices.
(d)The antenna shall not extend more than ten feet above the existing pole
height. If the pole is replaced to withstand the addition of
telecommunications equipment, then the same restriction shall apply
except that the utility pole may be 20 feet higher than the adjacent pole
heights.
(e)Placement of an antenna on a utility pole shall only be on poles owned or
operated by a public utility authorized to operate in the County, a County
franchisee, or Orange County.
(f)All relocation costs associated with any relocation of the antenna
necessitated by roadway or sidewalk improvements shall be borne by
the telecommunications provider.
5.10.8 Wireless Telecommunications Support Structures – Submittal and Review Requirements
(A)General Submittal Requirements for all Telecommunication Support Structures
(1)Submittal Requirements
(a)A site plan and site plan application package prepared in accordance
with Section 2.5 shall be presented for approval to the Planning Division
including all requirements for site development plan approval as
required.
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(b)A detailed description of the proposed telecommunication support
structure (i.e. monopole, self-supporting lattice, etc.) including a detailed
narrative description and explanation of the specific objective(s) for the
new facility including a description as to the coverage and/or capacity,
technical requirements, and the identified boundaries of the specific
geographic area of intended coverage for the proposed
telecommunication support structure.
(c)Elevation drawings and color renderings of the proposed tower showing:
(i)The vertical rendition of the telecommunication support
structure(s) identifying all users and attachments,
(ii)All related fixtures, structures, appurtenances and apparatus
including the height of said structures above the lowest adjacent
pre-existing grade,
(iii)The materials that will be used on site for said structures
including their color and any proposed lighting and shielding
devices, and
(iv)If the facility is intended to be a stealth, as defined herein, the
colors and screening devices for the Planning Director to verify
consistency with applicable definitions.
(d)A signed statement from the applicant certifying that the proposed
telecommunication support structure:
(i)Shall be maintained in a safe manner,
(ii)Is in compliance with all conditions of all applicable permits and
authorizations without exception, and
(iii)Is in compliance with all applicable and permissible local, State,
and Federal rules and regulations.
(e)A statement, prepared by a professional engineer licensed in the State of
North Carolina, which through rational engineering analysis, certifies the
tower's compliance with applicable standards as set forth in the State of
North Carolina Building Code, and any associated regulations; and
describes the tower's capacity, including an example of the number and
type of antennas it can accommodate.
(f)A statement stating how the proposed tower will minimize visual
intrusiveness to surrounding properties in the area. Criteria that may be
used for such evidence may be height and type of existing trees
surrounding the proposed tower, and local topography.
(g)A copy of the installed foundation design including a geotechnical sub-
surface soils investigation, evaluation report, and foundation
recommendation for the proposed wireless support structure.
(h)The existing cell sites (latitude, longitude, power levels) to which this
proposed site will be a handoff candidate.
(i)Propagation studies of the proposed site and showing all adjoining
planned, proposed, in-service or existing sites. This will include all of the
modeling information used to produce the study including, but not limited
to, any assumptions made about ambient tree height.
(j)The search ring utilized in finding the proposed site.
(k)The number, type, height, and model of the proposed antennas along
with a copy of the applicable specification sheet(s).
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(l)The make, model and manufacturer of the tower and antenna(s),
antenna heights and power levels of proposed site. This will include
documentation establishing the azimuth, size, and centerline height
location of all proposed and existing antennas on the structure.
(m)The frequency, modulation and class of service of radio or other
transmitting equipment.
(n)The maximum transmission power capability of all radios, as designed, if
the applicant is a cellular or functional equivalent carrier, or the maximum
transmission power capability, as designed, of all transmission facilities if
the applicant is not a cellular or functional equivalent carrier.
(o)The actual intended transmission and the maximum effective radiated
power of the antenna(s).
(p)The direction(s) of maximum lobes and associated radiation of the
antenna(s).
(q) Certification that the NIER levels at the proposed site are within the
threshold levels adopted by the FCC.
(r)Certification that the proposed antenna(s) will not cause interference with
other telecommunications devices.
(s)A written affidavit stating why "the proposed site is necessary for their
communications service" (e.g., for coverage, capacity, hole-filling, etc.)
and a statement that there are no existing alternative sites within the
provided search ring and there are no alternative technologies available
which could provide the proposed telecommunications service need
without the tower.
(t)A copy of the FCC license applicable for the intended use of the facility
as well as a copy of the 5 and 10 year building out plan required by the
FCC.
Some or all of items listed in (h) through (r) may be required to be provided on a
propagation study data form to be provided by the County.
(2)Additional Submittal Requirements – Collocation of Antennas
In addition to the requirements denoted herein, applications for the collocation of
antennas on existing structures shall be required to submit the following:
(a)The age of the existing tower in years, including the date of the grant of
the original permit or authorization for the existing tower;
(b)For a wireless support structure that is five years old or older, or for a
guyed structure that is three years old or older, a copy of the latest ANSI
Report done pursuant to the latest edition of ANSI-EIA/TIA 222F – Annex
E for any self-supporting tower. If an ANSI report has not been done
pursuant to the preceding schedule, an ANSI report shall be done and
submitted as part of the application. No Building Permit shall be issued
for any wireless support structure where the structure being attached to
is in need of remediation, unless and until the County Planning and
Inspections Department has approved all remediation work needed has
been completed or a schedule for the remediation work.
(c)A Structural Report signed by a Professional Engineer licensed to do
business in the State and bearing that engineer’s currently valid stamp,
showing the structural adequacy of the wireless support structure to
accommodate the proposed modification or antenna array Collocation,
including any equipment shelter, unless the equipment shelter is located
on the lowest floor of a building;
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(d)If attaching to a structure other than a tower or where the proposed
attachment is within 30 feet of areas to which the public has or could
reasonably have or gain access to, documentation shall be provided,
including all calculations, proving that the potential exposure to RF
radiation (i.e. Non-Ion Emitting Radiation), will be comply with the most
recent FCC regulations governing RF radiation and exposure thereto,
and further denoting the minimum distance from any antennas an
individual may safely stand without being exposed to RF radiation in
excess of the FCC’s permitted standards and any portion(s) of the
structure that would be exposed to RF radiation in excess of the FCC’s
permitted standards. Compliance with the FCC’s regulations, in such an
instance the RF radiation from all facilities at that location shall be
included in the calculations to show the cumulative effect on any area of
the building or structure deemed accessible by the public or workers.
Such report or analysis shall be signed and sealed by a Professional
Engineer licensed in the State.
(e)If the modification or antenna array collocation is 30 feet or more above
ground level, then a signed document such as the FCC’s “Checklist to
Determine whether a Wireless support structure may be Categorically
Excluded” shall be provided to verify that the modification or antenna
array collocation will fully comply with the current FCC’s RF emissions
regulations. If not categorically excluded, a complete RF emissions study
is required to enable compliance verification, including providing all
calculations so that such may be verified prior to issuance of a Building
Permit;
If any section or portion of the structure to be attached to is not in
compliance with the FCC’s regulations regarding RF radiation, that
section or portion must be barricaded with a suitable barrier to
discourage approaching into the area in excess of the FCC’s regulations,
and be marked off with yellow and black striped warning tape or a
suitable warning barrier, as well as placing RF radiation signs as needed
and appropriate to warn individuals of the potential danger;
(f)A signed statement that the applicant will expeditiously remedy any
physical or RF interference with other telecommunications or wireless
devices or services caused by the new installation.
(3)Standards of Evaluation – Collocations and Towers Requiring
Administrative Approval
(a)A proposed tower shall not be permitted if it is not substantially
necessary for the telecommunications service need identified pursuant to
the standards of this Ordinance.
(b)Tower height shall be measured from the base of the tower to the
highest point of the proposed antenna(s), with lightening rod, to be
located atop the tower structure.
(c)Telecommunications towers shall conform with all of the requirements of
this Ordinance.
(d)All towers shall be engineered to allow for collocations. No co-locator
shall be refused access for collocation by charging exorbitant lease fees.
Public safety provider collocations shall take priority over other co-
locators.
(e)A telecommunications consultant shall provide Planning Staff assistance
on exorbitant rate leases.
(f)All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including
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aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
(g)Applicants shall evaluate the reasonable feasibility of collocating new
antennas and equipment on an existing structure or structures within the
applicant’s search ring.
(h)Prior to issuing a building permit for the collocation of an antenna array
on an existing facility, an applicant shall demonstrate that the collocation
is located appropriately on the facility with the overall goal being to
preserve the carrying capacity of the facility for future collocations and to
minimize the visual intrusiveness and impact, including the profile of the
facility.
(i)In determining the necessary height for a facility, or the height of a
collocation on a facility, the signal strengths analyzed shall be the
threshold or lowest signal strength at which the customer equipment is
designed to function, which may be required to be determined by the
manufacturer’s published specifications for the customer equipment.
(j)Approval of the Planning Director to verify consistency with the definition
of stealth facility is required.
(k)All telecommunications towers shall be placed in heavily wooded areas
on the site to the maximum extent possible so as to lessen the visual
intrusiveness of the structure and accessory structures.
(l)No tower shall be permitted to exceed its designed loading capacity. For
all wireless support structures attached to existing structures, the
engineer certification statement shall include certification that the
structure can support the load superimposed from the wireless support
structure. All wireless support structures shall have the capacity to
permit multiple users; at a minimum monopole wireless support
structures shall be structurally designed to accommodate four users and
self-support/lattice or guyed wireless support structures shall, at a
minimum accommodate three users.
(B)General Submittal Requirements – Special Use Permits or Conditional Districts
In addition to the general submittal requirements detailed herein, and the specific
submittal requirements for all Special Use Permit applications detailed within Section 2.7
or 2.9, as applicable, of this Ordinance, applicants shall be required to adhere to the
following:
(1) Overall Policy and Desired Goals
The overall policy and desired goals for approvals of wireless
telecommunications support structures shall be promoting and encouraging,
wherever possible, the following:
(a)Alternatives to constructing new wireless support structures, including
but not limited to the collocation of wireless telecommunications
equipment and mitigating the visual effect of a wireless
telecommunication support structure to an extent not commercially
impracticable; and
(b)The placement, height and quantity of wireless telecommunications
towers and equipment in such a manner, including but not limited to the
use of stealth technology or camouflage techniques, to minimize adverse
aesthetic and visual impacts on the land, property, buildings, and other
facilities adjacent to, surrounding, and in generally the same area as the
requested location of such wireless telecommunications support
structure, which shall mean using the least visually and physically
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intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
(2)Balloon Test and Neighborhood Information Meeting
(a)The applicant shall, at least 45 days prior to a Special Use Permit
evidentiary hearing or Planning Board meeting at which a Conditional
District application is scheduled for review, conduct a balloon test
whereby the applicant shall arrange to fly, or raise upon a temporary
mast, a minimum of 10’3” in length, brightly colored red or orange
balloon at the maximum height of the proposed new wireless support
structure.
(b)The balloon test shall be flown for at least four consecutive daylight
hours starting sometime between 10:00 A.M. and 2:00 P.M. on the dates
chosen.
(c)A notice of the dates (including a second date in case of poor visibility,
weather or atmospheric conditions on the initial date), times, and location
of the balloon test shall be mailed, by certified mail, return receipt
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 first 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
County’s telecommunications consultant, can explain the 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 of poor
weather or atmospheric conditions on the initial date, the secondary
date may be a weekday.
(e)The applicant shall inform the County Planning Staff, in writing, 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 property, and
directional signs posted at locations to be determined by Planning Staff.
The signs shall measure no more than nine square feet in area and no
less than four square feet in area, giving the contact information of the
County Planning Department, the proposed dates, times, and location of
the balloon test. The signs shall be posted to meet the same time limits
as provided for in the balloon test notification as stated above.
(3)Submittal Requirements
In addition to the information required herein as well as Section 2.7or 2.9, as
applicable, the following shall be submitted as part of the application:
(a)A site plan showing the following:
(i)The entire site (including property boundary lines) and size of all
existing structures within 500 feet of the site,
(ii)Existing and proposed structures on site,
(iii)The fall zone of the tower,
(iv)Existing and proposed topography at a contour interval of five
feet and
(v)Any officially designated floodways and floodplains, or the
presence of alluvial soils.
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(b)Plans, and elevations for all proposed structures and descriptions of the
color and nature of all exterior material, along with the make, model, and
manufacturer of the proposed structure, maximum antenna heights, and
power levels.
(c)A Landscape and Tree Preservation Plan drawn at the same scale as
the site plan, showing the existing and proposed trees, shrubs, ground
cover and other landscape materials. This plan shall minimize adverse
visual effects of wireless telecommunications support structures and
antennas through careful design, siting, landscape screening and
innovative camouflaging techniques.
(d)Evidence that the applicant has investigated the possibilities of placing
the proposed equipment on an existing wireless support structure. Such
evidence shall consist of:
(i)A listing of all wireless telecommunications support structures
within a two mile radius of the proposed wireless support
structure site and a listing of all wireless support structure, utility
poles and other structures in the vicinity of the proposed facility
that are technically feasible for utilization by the applicant to fill
all or a substantial portion of the telecommunications service
need identified by the Applicant pursuant to section
5.10.8(A)(1)(s). Documents shall be submitted at the time of
application filing that indicates the applicant’s ability or inability to
co-locate on the identified tower(s) and reasons why.
(ii)Delineation of the boundaries of the maximum search ring within
which the telecommunication equipment can function as
intended. The following information shall be provided for all
existing wireless support structures within the search ring:
a.Wireless telecommunication support structure height;
b.Existing and planned wireless support structure users;
c.Whether the existing wireless telecommunication
support structure could accommodate the
telecommunication equipment to be attached to the
proposed wireless support structure without causing
structural instability or radio frequency interference; and
d.If the proposed telecommunication equipment cannot be
accommodated on the existing wireless
telecommunication support structure, assess whether
the existing wireless support structure could be
structurally strengthened or whether the antennas
transmitters and related equipment could be protected
from electromagnetic interference, and generally
describe the means and projected cost of shared use of
the existing wireless support structure; and
e.Any restrictions or limitations of the FCC or FAA that
would preclude the shared use of the wireless support
structure;
f.Propagation studies of all adjoining planned, proposed,
in-service, or existing sites, and;
g.Any additional information requested by the County.
(iii)A summary explanation of why proposed telecommunication
equipment cannot be located on any of the existing wireless
support structures in the search ring.
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(e)Documentation from applicable state or federal agencies indicating
requirements, which affect the appearance of the proposed wireless
support structure, such as lighting and coloring.
(f) Draft performance bond guaranteeing removal of the wireless support
structure in the event that it is abandoned or unused consistent with the
provisions of this Ordinance
(g)A listing of, and current tax map identifying, all property owners within
1,000 feet of the parcel and addressed, first class stamped envelopes to
the property owners for notifications of the public hearing in accordance
with Section 2.7.6 of this Ordinance.
(h)A report containing any comments received by the applicant in response
to the balloon test along with color photographs from various locations
around the balloon.
(i)Evidence that the balloon test requirement has been met, including a
notarized statement and listing of the property owners notified of the test,
a copy of a current Orange County Tax Map showing the subject
property and all properties within the notification ring, and copies of the
certified mail returned receipts from the mail-out.
(j)A notarized statement that the sign posting requirement has been met.
(k)Photographs of a clearly visible balloon floated at the proposed tower
location to the maximum height of the tower, as well as photographs with
the proposed tower and associated antennas superimposed upon them
showing what the proposed tower will look like. Photographs shall be
taken from locations such as: property lines, and/or nearby residential
areas, historic sites, roadways, including scenic roads and major view
corridors, and other locations as deemed necessary by the Planning
Staff to assess the visual impact of the proposed tower.
(l)The application shall include a statement that the facility and its
equipment will comply with all federal, state and local emission
requirements.
(m)An Applicant may be required to submit an Environmental Assessment
Analysis and a Visual addendum. Based on the results of the Analysis,
including the Visual addendum, the County may require submission of a
more detailed visual analysis. The scope of the required Environmental
and Visual Assessment will be reviewed at the pre-application meeting.
(n)If required, a Visual Impact Assessment, which shall include:
(i)A “Zone of Visibility Map” shall be provided in order to determine
locations from which the tower may be seen.
(ii)Panorama photo simulations of the proposed wireless support
structure, superimposed on the existing landscape, to scale,
showing “before and after” views including but not limited to
State highways and other major roads; State and local parks;
other public lands; historic districts; preserves and historic sites
normally open to the public; and from any other location where
the site is visible to a large number of visitors, travelers or
residents
(iii)An assessment of the visual impact of the wireless support
structure base, guy wires and accessory buildings from abutting
and adjacent properties and streets shall be considered to
determine the need of screening.
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(o)All applications shall contain a demonstration that the wireless support
structure is sited so as to have the least visually intrusive effect
reasonably possible and thereby have the least adverse visual effect on
the environment and its character, on existing vegetation, and on the
residences in the area of the telecommunications tower.
(p)A statement, prepared by a professional engineer licensed in the State of
North Carolina, which through rational engineering analysis, certifies the
tower's compliance with applicable standards as set forth in the State of
North Carolina Building Code, and any associated regulations; and
describes the tower's capacity, including an example of the number and
type of antennas it can accommodate.
(4)Standards of Evaluation
(a)The telecommunications equipment planned for the proposed wireless
support structures cannot be accommodated on an existing wireless
support structures due to one or more of the following reasons:
(i)The planned equipment would exceed the structural capacity of
existing and approved wireless support structures, considering
existing and planned use of those wireless support structures
and the wireless support structures cannot be reinforced to
accommodate planned or equivalent equipment at a reasonable
cost.
(ii)The planned equipment would cause radio frequency
interference with other existing or planned equipment for these
wireless support structures, and the interference cannot be
prevented at a reasonable cost.
(iii)Existing or approved wireless support structures do not have
space on which the equipment can be placed so it can function
effectively and reasonably in parity with similar existing or
approved equipment.
(iv)No tower or other suitable facility exists in an area where the
equipment to be placed on the tower will function in its intended
manner.
(b)Location of Wireless Support Structures
(i)Applicants for facilities shall locate, site and erect said facilities
according to the following priorities, in the following order:
a.On existing County-owned facilities without increasing
the height of the tower or structure.
b.On existing Facilities without increasing the height of the
tower or structure.
c.On County-owned properties or facilities.
d.On properties in areas zoned for commercial or industrial
use.
e.On properties in areas zoned Agricultural Residential
(AR).
f.On properties in areas zoned for residential use.
(ii)If an Applicant proposes to place telecommunications equipment
at a location that is not a preferred priority 1 site, then the
Applicant must provide a detailed explanation as to why a higher
priority site is not proposed. The explanation shall be in the form
of a written report demonstrating the Applicant’s review of the
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above locations in order of priority and the reason(s) for the site
selection. The explanation shall, at a minimum, include the
information required by section 5.10.8(B)(3)(d).
(iii)The application shall not be approved unless it demonstrates
that the telecommunications equipment may not be sited at a
higher priority site because of commercial impracticability or
because no higher priority site is available that would serve to
provide the telecommunications service need identified by the
Applicant as provided for in section 5.10.8(A)(1)(s).
(iv)An Applicant may not by-pass sites of higher priority merely
because the site proposed is the only site leased or selected.
Agreements between providers limiting or prohibiting collocation
shall not be a valid basis for any claim of commercial
impracticability.
(v)Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, an application
shall not be approved if it conflicts with the provisions and
requirements of this Ordinance.
(vi)Wireless support structures shall not be located within one-half
(½) mile of any existing monopole, lattice or guyed wireless
telecommunications support structure.
a.An exception may be allowed when the applicant can
sufficiently demonstrate that:
i.Appropriate space on the existing
telecommunication wireless support structure is
not available; or
ii.The applicant has made good faith effort to
negotiate an agreement with the owner of the
existing wireless telecommunication support
structure and has been unsuccessful, which
must be documented in writing; or
iii.The telecommunication equipment on the
existing wireless telecommunication support
structure is not compatible with the proposed
telecommunication equipment of the applicant;
or
iv.Adequate coverage by the applicant cannot be
met at the location of the existing wireless
telecommunication support structure; or
v.The existing wireless telecommunication support
structure cannot be reasonably modified to
accommodate additional collocation by the
applicant.
b.Exceptions shall only be allowed after a thorough
analysis of the search area, provided by the applicant is
performed by the County’s consultant or Staff, indicating
that coverage is not possible on an existing wireless
support structure at the four-carrier capacity or other
user capacity that can be achieved.
(c)Setbacks
(i)Within or adjacent to residential zoning districts, minimum
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setbacks from the base of the wireless support structure to the
property boundary shall be equal to 110% of the wireless support
structure height.
(ii)If the wireless support structure is proposed as an accessory use
to a residential use, the setback shall be 110% of the wireless
support structure height from any residence or dwelling unit on
the subject property.
(iii)Adjacent to non-residential uses or non-residential zoning
districts, minimum setbacks from the base of the wireless
support structure to the property boundary shall be the greater of
20% of the tower height, or the minimum required setback.
(iv)All buildings and other structures to be located on the same
zoning lot as a telecommunication tower wireless support
structure shall conform with the setbacks established for the
zoning district or as established through the subdivision process,
whichever is greater.
(d)Access
(i)At a wireless telecommunications support structure site, an
access road, turn around space and parking shall be provided to
ensure adequate emergency and service access.
(ii)Maximum use of existing roads, whether public or private, shall
be made to the extent practicable.
(iii)Road construction shall, at all times, minimize ground
disturbance and the cutting of vegetation.
(iv)Road grades shall closely follow natural contours to ensure
minimal visual disturbance and reduce soil erosion.
(e) Landscaping and Buffers
(i)A Type C Landscape Buffer shall be provided between the
wireless support structures and its accessory structures and
adjoining property/properties.
(ii)Existing vegetation may be removed only to the extent
necessary to accommodate the wireless support structures,
equipment buildings, and support structures such as guy wires.
(iii)Plantings around the compound perimeter, outside of any fence
or wall, shall be composed entirely of fast growing evergreen
vegetation.
(iv)New plantings and existing vegetation used for screening shall
be at least six feet in height or greater at planting.
(v)Proposed plantings (name, type, height) shall be shown on the
Landscape Plan for the facility.
(vi)Landscaping shall provide a screen on a year-round basis.
(f)The visibility of the balloon to adjacent properties and the surrounding
area shall not constitute sole justification of denial of a permit application,
but is an indication of what location on the site may be less visually
intrusive.
(g)The applicant shall demonstrate and provide a description in writing and
by drawing how it shall effectively screen from view the base and all
related equipment and structures of the proposed facility.
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(h)The site plan shall indicate a location for at least two equipment buildings
in addition to that proposed for use by the applicant.
(i)All utilities at a facility site shall be installed underground and in
compliance with all Laws, ordinances, rules and regulations of the
County, including specifically, but not limited to, the National Electrical
Safety Code and the National Electrical Code where appropriate.
(j)All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including
aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
(k)Fences and Walls
(i)An eight foot fence or wall shall be required around the base of
any wireless support structures. This fence or wall shall
encompass all accessory equipment within the compound.
(ii)Fences shall be required around guy wire tie downs
(iii)A fence or wall may be placed around the perimeter of the facility
to include guy wire tie downs and associated equipment should
the applicant/owner wish to do so.
(l)The communications tower is structurally designed to support additional
users as provided for in Section 5.10.8(A)(3)(d), and the Special Use
Permit or Conditional District approval includes a statement that the
owner of the wireless support structure is willing to permit other user(s)
to attach communication equipment which do not interfere with the
primary purpose of the wireless support structure, provided that such
other users agree to negotiate a reasonable compensation to the owner
from such liability as may result from such attachment.
(m)To minimize the number of antenna arrays and thus the visual impact,
the County may require that dual mode antennas be used, including by
two different carriers, unless it can be proven that such will not work
technologically and that such would have the effect of prohibiting the
provision of service in the County.
(n)Structures shall be galvanized and/or painted with a rust-preventive paint
of an appropriate color to harmonize with the surroundings.
(o)Both the wireless telecommunications support structure and any and all
accessory or associated telecommunication equipment and related
facilities shall maximize the use of building materials, colors and textures
designed to blend with the structure to which it may be affixed and/or to
harmonize with the natural surroundings, this shall include the utilization
of stealth technology as may be required by the County.
(p) Antennas
(i)All new or replacement antennas, except omni-directional whip
antennas, shall be flush-mounted or as close to flush-mounted
as is technologically possible on any facility, so long as such
does not have the effect of prohibiting the provision of service to
the intended service area, alone or in combination with another
site(s), unless the applicant can prove that it is technologically
impracticable.
(ii)If attached to a building, all antennas shall be mounted on the
facie of the building and camouflaged so as to match the color
and, if possible, texture of the building or in a manner so as to
make the antennas as visually innocuous and undetectable as is
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possible given the facts and circumstances involved.
(q) Lighting
(i)The wireless support structures will not be artificially lighted
unless required by the FAA, FCC or other federal or state
agency. Where such agencies allow a choice between painting
the tower or installing strobe lighting, painting shall be the
preferred choice.
(ii)If lighting is legally required or proposed, the applicant shall
provide a detailed plan for sufficient lighting of as unobtrusive
and inoffensive an effect as is permissible under State and
federal regulations.
(iii)For any facility for which lighting is required under the FAA’s
regulations, or that for any reason has lights attached, all such
lighting shall be affixed with technology that enables the light to
be seen as intended from the air, but that prevents the ground
scatter effect so that it not able to be seen from the ground to a
height of at least 12 degrees vertical for a distance of at least
one mile in a level terrain situation. Such device must be
compliant with or not in conflict with FAA regulations. A physical
shield may be used, as long as the light is visible from the air, as
intended by the FAA.
(iv)All outdoor lighting not regulated by the FCC shall comply with
the Outdoor Lighting Standards set forth in Section 6.11 of this
Ordinance.
(r)The tower and antenna will not result in a significant adverse impact on
the view of or from any historic site, scenic road, or major view corridor.
(s)Facilities, including antennas, towers and other supporting structures,
such as guy anchor points and wires, shall be made inaccessible to
individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with; and transmitters and
telecommunications control points shall be installed in such a manner
that they are readily accessible only to persons authorized to operate or
service them.
(t)A determination shall be made that the facility and its equipment will
comply with all federal, state and local emission requirements, and the
Special Use Permit or Conditional District approval shall include a
statement that the facility and its equipment will comply with all federal,
state and local emission requirements.
(u)Electro-Magnetic Radiation Levels
(i)The Special Use Permit or Conditional District approval shall
include a condition that the electro-magnetic radiation levels
maintain compliance with requirements of the FCC, regarding
emission of electromagnetic radiation.
(ii)Within 30 days of installation of equipment on the tower, and
within 30 days of the installation of any additional equipment in
the future, the tower owner shall provide documentation of
emission levels in relation to FCC standards.
(iii)In addition, the tower owner must provide documentation of
emission levels within five working days if so requested by
Orange County.
(iv)Orange County may make such requests at any time, not to
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exceed two times per year.
(v)“High Voltage”, "No Trespassing" and Other Signs
(i)If high voltage is necessary for the operation of the
telecommunications tower or any accessory structures, "HIGH
VOLTAGE - DANGER" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(ii)"NO TRESPASSING" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(iii)The letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING" warning signs shall be at least six inches in
height. The two warning signs may be combined into one sign.
The warning signs shall be installed at least five feet above the
finished grade of the fence.
(iv)The warning signs may be attached to freestanding poles if the
content of the signs would, or could, be obstructed by
landscaping. Signs noting federal registration (if required) shall
be attached to the tower structure in compliance with federal
regulation.
(v)Facilities shall contain a sign no larger than four square feet to
provide adequate notification to persons in the immediate area of
the presence of RF radiation or to control exposure to RF
radiation within a given area.
(vi)A sign no larger than four square feet containing the name(s) of
the owner(s) and operator(s) of the antenna(s) as well as
emergency phone number(s) shall be installed. The sign shall
be on the equipment shelter or cabinet of the applicant and be
visible from the access point of the site and must identify the
equipment owner of the shelter or cabinet.
(vii)On tower sites, an FCC registration sign, as applicable, is also to
be present. The signs shall not be lighted, unless applicable law,
rule or regulation requires lighting.
(viii)The use of any portion of a tower for signs or advertising
purposes including company name, banners, streamers, etc.
shall be strictly prohibited.
(ix)Mobile or immobile equipment not used in direct support of a
tower facility shall not be stored or parked on the site of the
telecommunication tower, unless repairs to the tower are being
made.
(5)Performance Guarantees
(a)The applicant and/or the owner of record of a telecommunication support
structure shall, at their expense, execute and file with the County a
Performance Guarantee ensuring the faithful performance of the terms
and conditions of this Section, Section(s) 2.27 and 6.22 of this
Ordinance, and applicable conditions of any Special Use Permit or
Conditional District approval. This guarantee shall include costs for the
removal of a telecommunication support structure that has ceased being
used consistent with Section 5.10.9 of this Ordinance.
(b)The full amount of the Performance Guarantee shall remain in full force
and effect throughout the term of the Special Use Permit or Conditional
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District approval and/or until any necessary site restoration is completed
to restore the site to a condition comparable to that, which existed prior
to the issuance of the original Special Use Permit or Conditional District
approval.
(6)Liability Insurance
(a)A holder of a Special Use Permit or Conditional District approval for a
wireless support structure shall secure and at all times maintain public
liability insurance for personal injuries, death and property damage, and
umbrella insurance coverage, for the duration of the Special Use Permit
or Conditional District approval in the following amounts:
(i)Commercial General Liability covering personal injuries, death
and property damage: $1,000,000 per occurrence/$2,000,000
aggregate; and
(ii)Automobile Coverage: $1,000,000.00 per occurrence/
$2,000,000 aggregate; and
(iii)A $3,000,000 Umbrella coverage; and
(iv)Workers Compensation and Disability: Statutory amounts.
(b)For a wireless support structure on County property, the Commercial
General Liability insurance policy shall specifically name the County as
an additional insured. The insurance policies shall be issued by an
agent or representative of an insurance company licensed to do
business in the State and with a Best’s rating of at least A.
(c)The insurance policies shall contain an endorsement obligating the
insurance company to furnish the County with at least 30 days prior
written notice in advance of the cancellation of the insurance.
(d) Renewal or replacement policies or certificates shall be delivered to the
County at least 15 days before the expiration of the insurance that such
policies are to renew or replace.
(e)Before construction of a permitted facility is initiated, but in no case later
than 15 days prior to the grant of the building permit, the holder of the
Special Use Permit or Conditional District approval shall deliver to the
County a copy of each of the policies or certificates representing the
insurance in the required amounts. A Certificate of Insurance that states
that it is for informational purposes only and does not confer rights upon
the County shall not be deemed to comply with this Section.
(C)General Building and Inspection Standards for all Telecommunication Support
Structures
(1)Tower Inspection
(a)Telecommunication tower owners shall submit a report to the County
Inspections Division certifying structural and electrical integrity upon
completion of the initial construction and at intervals as specified in this
Section.
(b)Inspection records shall be kept by the tower owner and made available
upon request to the Inspections Division during regular business hours.
(c)The following inspection schedule shall be followed, except in cases
where a tower has no structures other than those associated with
telecommunication tower use located within the tower’s fall zone.
(i)At least once every 36 months, or 36 months from the date of a
collocation approval, a structural engineer who is regularly
involved in the maintenance, inspection and/or erection of
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telecommunications towers shall inspect the tower and submit a
report to the Inspections Division within a reasonable time
thereafter. At a minimum, this inspection shall be conducted in
accordance with the provisions of this Ordinance and in
accordance with the tower inspections check list provided in the
EIA-222 (as amended from time to time). This is considered a
major inspection review.
(ii)At least once every 12 months, a visual inspection from the
ground shall be conducted by a properly trained staff member of
a tower provider or tower consultant and a report shall be filed
with the Inspections Division within a reasonable time thereafter.
This inspection shall include, but shall not be limited to, visual
inspection of tower foundations, structures, guys, and
connections for evidence of settlement or later movement; soil
erosion; condition of paint or galvanizing; rust or corrosion, loose
or missing bolts, loose or corroded lightning protection
connectors; tower plumbness, significant variation in guy sags
(i.e. tensions), and other material areas or matters relating to the
structural integrity of the tower. This is considered a minor
inspection review.
(iii)In addition to the regularly scheduled major and minor
inspections set forth herein, a minor inspection, at a minimum,
will be conducted if the tower or its appurtenances are noted at
any time to be visibly damaged. Additionally, a major inspection
shall be conducted if the visible damage to the tower is
significant or when, after conducting a minor inspection,
significant questions remain about the structural integrity of the
tower.
(d)The Inspections Division may conduct periodic inspections of
telecommunications towers to ensure electrical integrity. The owner of
the telecommunication tower may be required by the County to have
more frequent inspections should there be reason to believe that the
electrical integrity of the tower is jeopardized. The County reserves the
right to require additional inspections if there is evidence that the tower
has a safety problem or is exposed to extraordinary conditions.
(e)Any tower found, through inspection by the owner or by inspection of the
Inspections Division, to be structurally unsafe and cannot be brought into
compliance within 180 days shall be removed at the owner’s expense.
(f)Current or former EIA standards shall apply to the addition of antennas
or other appurtenances to communications towers under the following
conditions:
(i)Additions to towers constructed prior to the effective date of this
Ordinance, regardless of whether the additions are accounted for
in the original design, shall comply with the current EIA
standards, and the wind loading specified therein. Additions to
towers constructed subsequent to the effective date of this
Ordinance shall comply with standards set forth elsewhere in this
Section.
(ii)Existing towers that will not have any additional attached
appurtenances shall at a minimum comply with the EIA
standards in existence at the time the tower was erected.
(iii)Replacement of antennas or other appurtenances shall at a
minimum comply with the EIA standard in existence at the time
the tower was erected if the replacement does not add to the
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original design loading.
(iv)If a structural analysis shows a tower is not in compliance with
the appropriate EIA standards, the owner shall submit an
application to the Inspections Division with a plan to bring the
tower into compliance within six months.
(v)Analysis of Existing Towers
a.Within 12 months of the effective date of this Ordinance
an analysis commissioned by tower owners and
prepared by a North Carolina Licensed Professional
Engineer (P.E. Analysis) shall be performed on all
towers in excess of 100 feet in height and shall be
submitted to the Inspections Division.
b.The analysis shall determine the tower’s compliance or
lack thereof with the EIA standard in effect at the time
the tower was constructed and when the most recent
structural loading change was made.
c.For all towers less than six years old, a current existing
P.E. analysis of the tower may be submitted in lieu of the
new P. E. analysis required above.
d.If the tower does not meet the aforementioned EIA
standards, the letter or existing P.E. analysis shall
include the types of modifications that would be required
to bring the tower up to standard.
e.All existing towers shall be subject to the annual
electrical inspection conducted by the Inspections
Division including any associated inspection fees.
f.The Inspections Division shall be notified in writing when
a required analysis is complete. A copy of the analysis
report shall be made available to the County Inspections
Division upon request. That report shall also give details
of the net result of any changes made to the tower or its
appurtenances since the last inspection.
(D)Fees
(1)A filing fee as set by the Board of County Commissioners shall be paid upon
application for a Site Plan/Zoning Compliance Permit Application, a Building
Permit application, a Conditional District, or Special Use Permit.
(2)An inspection fee is due the County at the time of all required future inspections
as detailed within Section 5.10.8(C)(1)(c) of this Ordinance. Such fees may
reflect the County’s fully allocated costs, and shall not exceed such costs.
(3)Public land or right-of-way lease agreements shall be established by separate
instrument and recorded prior to the issuance of Building Permits.
(4)Consultant Fee. Regardless of the type of telecommunication support structure
proposed (i.e. administrative approval, special use permit, collocation, etc.) an
applicant is required to submit a fee to cover the County's telecommunications
consultant to review the application. An escrow account of an amount
determined by the Board of County Commissioners, as denoted on the adopted
fee schedule, shall be paid by check to Orange County to pay associated
consultant review fees during all phases of the application review process. The
Board of County Commissioners shall determine the amount of charges or fees
assessed to an applicant on account of an outside consultant in advance and
incorporate these charges and fees into an application fee that is based on the
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reasonable costs of the services the County incurs in connection with the
application review. The fees and charges paid by the applicant for the services
of a consultant shall not exceed what is usual and customary for wireless
facilities and support structures. The foregoing does not prohibit the County
from imposing additional reasonable cost-based fees for the actual costs incurred
by the County for a consultant's review of an application due to amendments or
revisions to the original application. The amount of the consultant charges
incorporated into the application fee shall be separately identified and disclosed
to the applicant upon request. Any unused funds in the account after either the
approval of the Certificate of Occupancy (CO), or the expiration of the Special
Use Permit approval, whichever is sooner, shall be returned to the designated
party.
5.10.9 Removal of Wireless Support Structures and Facilities
(A)The owner of any facility shall be required to provide a minimum of 30 days written notice
to the County Clerk prior to abandoning any facility.
(B)County Determination
Under the following circumstances, the County may determine that the health, safety, and
welfare interests of the County warrant and require facility removal:
(1)Facilities that have been abandoned (i.e. not used as facilities) for a period
exceeding 90 consecutive days or a total of 180 days in any 365 day period,
except for periods caused by force majeure or Acts of God, in which case, repair
or removal shall commence within 90 days of abandonment;
(2)Permitted facilities fall into such a state of disrepair that it creates a health or
safety hazard;
(3)Facilities have been located, constructed, or modified without first obtaining, or in
a manner not authorized by, the required Special Use Permit or Conditional
District approval, or any other necessary authorization and the development
approval may be revoked.
(C)If the County makes such a determination as noted above, then the County shall notify
the holder of the development approval for the facility within 48 hours that said facility
shall be removed.
(D)The holder of the development approval, or its successors or assigns, shall dismantle
and remove such facility, and all associated structures, from the site and restore the site
to as close to its original condition as is possible, such restoration being limited only by
physical or commercial impracticability, within 90 days of receipt of written notice from the
County. However, if the owner of the property upon which the facility are located wishes
to retain any access to the facility, the owner may do so with the approval of the County.
(E)If a facility is not removed or substantial progress has not been made to remove the
facilities within 90 days after the permit holder has received notice, then the County may
order officials or representatives of the County to remove the facility at the sole expense
of the owner or development approval holder.
(F)If the County removes, or causes to be removed a facility, and the facility owner does not
claim and remove it from the site to a lawful location within ten days, then the County
may take steps to declare the facility abandoned, and sell them and their components.
(G)Temporary Use Permit/Agreement
(1)Notwithstanding anything in this Section to the contrary, the County may approve
a temporary use permit/agreement for the facility, for no more than 90 days,
during which time the holder of the development approval shall develop a
suitable plan for facility removal, conversion, or re-location, subject to the
approval of the County, and the holder of the development approval and the
County shall execute an agreement to such plan.
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(2)If such a plan is not developed, approved and executed within the 90 day time
period, then the County may take possession of and dispose of the affected
facility in the manner provided in this Section and utilize the Performance
Guarantee.
5.10.10 Ham Radio Antenna
(A)Standards of Evaluation
(1)Shall be for the private use of the property owner on which they are located.
(2)Shall not exceed 90 ft. in height.
(3)Minimum setbacks from the base of the antenna to the property boundary shall
be equal to 110% of the tower height.
5.10.1 Purpose and Intent
(A)This section establishes general standards for the siting of wireless telecommunications
facilities that will provide for the public health, safety, and welfare. The terms “wireless
support structure” and “tower” are synonymous. The provisions of this section are
specifically intended to:
(1)Protection of residential areas and uses from potential adverse impacts of
wireless communications facilities, and generally encourage these facilities in
areas where adverse impacts on the community are minimal;
(2)Encourage the placement of wireless telecommunications facilities in non-
residential areas;
(3)Minimize the number of new major telecommunications towers (wireless support
structures);
(4)Create conditions where wireless telecommunications service providers are able
to provide wireless telecommunications services effectively and efficiently in
accordance with State and Federal law;
(5)Minimize the number of new telecommunications towers throughout the County
by encouraging the joint use or collocation of new and existing wireless
telecommunications facilities; and
(6)Establish collocation and concealed towers as the preferred options for the
accommodation of wireless telecommunications equipment.
(B)Policy of Orange County
It is the policy of Orange County that new wireless telecommunications facilities and/or
substantial modifications to existing telecommunications facilities be located in the
following prioritized order:
(1)Collocations on any existing wireless support structure provided that the height of
the structure is not increased.
(2)New wireless support structures located on state or local government real
properties owned or leased by Orange County, municipalities, EMS, Public
Safety, public utility authorities as defined in N.C. General Statutes Chapter
162A, (e.g., OWASA and Orange Alamance Water), and Institutions of higher
public education and research (e.g. UNC, Duke, Duke Forest Durham Technical
Community College);
(3)Properties in areas zoned for commercial, economic development, or industrial
use.
(4)Properties in areas zoned Agricultural Residential (AR), Rural Residential (R-1),
or Rural Buffer (RB); and
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(5)Properties in areas zoned for denser residential use.
(C)EXEMPTIONS
The standards in this section shall apply to all wireless telecommunications facilities
except for the following, which are exempted from these standards but remain subject to
all other applicable standards in this Ordinance:
(1)Removal of antennas, wireless support structures, or wireless
telecommunications equipment on an existing telecommunications tower, utility
pole, vertical projection, or equipment compound, where the device or structure
is not replaced;
(2)The operation of a small wireless facility solely within or inside an open structure,
(e.g. an athletic stadium);
(3)Per 47 CFR 1.4000 and FCC Order 98-273 non-commercial uses of dish
antennas, satellite earth stations, noncommercial receive-only TV or radio
antennas Dish antenna/ satellite earth stations may be no more than one (1)
meter (39.37 inches) in diameter and not greater than 35 feet above ground
level.
(4)County or other government-owned wireless communications; and
(5)Properties in areas zoned for denser residential use. Upon the declaration of a
state of emergency by U.S. or N.C. State government(s), temporary, commercial
wireless communications facilities may receive temporary use permits under
section 5.10.11.
(D)Wireless telecommunications facilities subject to this section.
The following use types and configurations are considered to be wireless
telecommunications facilities, and land uses subject to these requirements:
Type of Approval Type of Wireless Telecommunications Facility
Administrative New, replacement, and substantial modifications
of major telecommunication towers up to 74 feet in
height
Administrative Stealth or concealed telecommunication towers,
antennae, or wireless telecommunications
equipment up to 74 feet in height
Administrative Collocations of antennae and associated
equipment on existing towers, buildings, or other
vertical projections that are not substantial
modifications
Administrative The installation of small / micro wireless
telecommunications facilities
On government properties
-Administrative;
On non-government
owned properties - Special
Use Permit (SUP)
New, replacement, and substantial modifications
of major telecommunication towers between 75
and 214 feet in height
SUP New, replacement, and substantial modifications
of major telecommunication towers of 215 feet in
height or taller
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5.10.2 Standards and Submittal Requirements for all new Wireless Support Structures and
Substantial Modification
The following requirements shall apply to all new wireless telecommunications facilities,
substantial modifications and any modifications to an existing wireless telecommunications facility
that exceeds the scope of routine maintenance.
(A)Applicant Statements:
Signed statement(s) from the applicant and owner of the wireless support structure
certifying that the proposed telecommunication support structure:
(1)Shall be maintained in a safe manner;
(2)Is in compliance with all conditions of all applicable permits and authorizations
without exception; and
(3)Is in compliance with all applicable and permissible local, State, and Federal
rules and regulations.
(B)A detailed description of the proposed wireless support structure (e.g., monopole, self-
supporting lattice, or other.), including a detailed narrative description of the specific
objective(s) for the new facility with a description regarding coverage and/or capacity
within the geographic area of intended coverage for the proposed wireless support
structure, and how the proposed tower will minimize its visibility to properties in the area;
and
(C)A statement by a N.C. Professional Engineer that certifies the tower's compliance with
applicable N.C. State Building Codes regarding the tower's capacity to safely carry the
number and type of antennas proposed. FOR NEW WIRELESS SUPPORT
STRUCTURES ONLY, a Fall Zone Analysis will be provided. A N.C. Professional
engineer shall submit a sealed document stating the area(s) in which the wireless support
structure will fall if the structure fails.
(D)All wireless support structures shall have the capacity to permit multiple users. Self-
support/lattice or guyed wireless support structures shall accommodate at least three
users.
(E)A site plan and site plan application meeting Section 2.5. In addition to the requirements
of Section 2.5.3, the following additional information shall also be included:
(1)Elevations for all proposed structures and descriptions of the color and nature of
all exterior material, along with the make, model, and manufacturer of the
proposed structure, maximum antenna heights, and power levels;
(a)Wireless support structures shall be galvanized and/or painted with a
rust-preventive paint of an appropriate color to harmonize with the
surroundings;
(b)Both wireless support structures and all accessory or associated
telecommunication equipment and related facilities shall maximize the
use of building materials, colors, and textures designed to blend with the
structure to which it may be affixed and/or to harmonize with the natural
surroundings, this shall include the utilization of stealth technology.
(2)All utilities at a facility site shall be installed underground.
(3)A map showing the size and location of all existing structures within 1,000 feet of
the property boundaries where the facility is to be installed.
(4)A site plan of the wireless support structure showing all of the following:
(a)Within or adjacent to residential zoning districts, minimum setbacks from
the base of the wireless support structure to the property boundary shall
be equal to 110% of the wireless support structure height.
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(b)If the wireless support structure is proposed as an accessory use to a
residential use, the setback shall be 110% of the wireless support
structure height from any residence or dwelling unit on the subject
property.
(c)Adjacent to non-residential uses or non-residential zoning districts,
minimum setbacks from the base of the wireless support structure to the
property boundary shall be the greater of 20% of the tower height, or the
minimum required setback.
(d)All stealth towers, buildings and other structures to be located on the
same zoning lot as a wireless support structure shall conform with the
setbacks established for the zoning district or as established through the
subdivision process, whichever is greater.
(5)Landscape Plan. A Landscape Plan meeting the requirements of Section 6.8 is
required.
(F)A statement evidencing compliance with federal and state regulations. All wireless
telecommunication facilities shall comply with or exceed current standards and
regulations of the Federal Aviation Administration (FAA), the Federal Communications
Commission (FCC), and any other agency of the federal government that regulates
telecommunications facilities. A copy of the FCC license applicable for the intended use
of the facility as well as a copy of the 5 and 10- year building out plan required by the
FCC is required. In addition to federal requirements, all wireless telecommunication
facilities shall comply with or exceed current standards and regulations of N.C. Gen. Stat.
§§160D-930 through 160D-936.
(G)Accessory equipment.
An Itemization of all accessory equipment, including any buildings, cabinets, or shelters,
shall be used only for the purpose of housing wireless telecommunications equipment
and other supplies in direct support of the operation of the wireless telecommunications
facility. Any equipment or materials not used in direct support of such an operation shall
not be stored on the site.
(H)Lighting Plan.
A lighting Plan in accordance with section 6.11 is required with the following additional
prevailing standard:
(1)Lighting of a wireless support structure is limited to that required for compliance
with FAA minimum standards. Any lighting required by the FAA must be of the
minimum intensity and duration. FAA-required lighting shall be designed so that
it is not visible from the ground, to the extent permitted by FAA regulations.
(I)Signage. “High Voltage,” "No Trespassing" and Other Signs
(1)If high voltage is necessary for the operation of the telecommunications facility or
any accessory structures, "HIGH VOLTAGE - DANGER" warning signs shall be
permanently attached to the fence or wall and shall be spaced no more than 40
feet apart.
(2)The warning signs may be attached to freestanding poles if the content of the
signs would, or could, be obstructed by landscaping. Signs noting federal
registration (if required) shall be attached to the tower structure in compliance
with federal regulation.
(3)The letters for the "HIGH VOLTAGE - DANGER" and "NO TRESPASSING"
warning signs shall be at least six inches in height.
(a)The two warning signs may be combined into one sign.
(b)All warning signs shall be installed at least five feet above the finished
grade of the fence.
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(4)Facilities shall contain a sign no larger than four square feet to provide adequate
notification to people in the immediate area of the presence of RF radiation or to
control exposure to RF radiation within a given area.
(5)A sign no larger than four square feet containing the name(s) of the owner(s) and
operator(s) of the antenna(s), as well as emergency phone number(s), shall be
installed. The sign shall be on an equipment shelter or cabinet and be visible
from the access point of the site.
(6)The use of a wireless support structure for signs or advertising purposes
including company name, banners, streamers, flags, or other similar devices is
strictly prohibited.
(J)Retention of expert assistance and reimbursement by applicant.
The County may hire any consultant and/or expert necessary to assist the County in
reviewing and evaluating applications for a wireless telecommunications facility, including
the construction and modification of the site. The County consultants/experts shall invoice
the County for its services in reviewing the application, including the construction and
modification of the site, once permitted. The fees for these services shall be reimbursed
by the applicant up to the statutory limits.
5.10.3 Submittal Requirements for all New Wireless Telecommunication Facilities and Substantial
Modifications Requiring a Special Use Permit
An application meeting the requirements of Sections 2.7, 5.10.2, and this section is required. The
application will be processed as any other application for a Special Use Permit (SUP) provided
that the standards of this section are met.
(A)PROCEDURE for APPROVAL
(1)Applications shall be approved according to the following schedule. If a decision
is not reached within the allotted period, the application shall be automatically
approved.
Facility Requested Time to Deem
Application Complete
(days)
Time to Decision After
Application is Complete
(days)
Total Time to Decide
(days)
New Wireless Support
Structure requiring a
Special Use Permit, Site
Plan Approval, or a
Substantial Modification
90 60 150
Collocation 45 45 90
Small / Micro Wireless
Facility
30 45 75
(B) Additional Application Requirements and Standards
In addition to the requirements of Section 5.10.4, the following information shall be
submitted with the application.
(1)A Visual Impact Assessment, which shall include:
(a)A “Zone of Visibility Map” shall be provided in order to determine
locations from which the tower (wireless support structure) may be seen;
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(b)Panorama photo simulations of the proposed wireless support structure,
superimposed on the existing landscape, to scale, showing “before and
after” views from public rights of way and/or publicly accessed properties
and waters; and
(c)A narrative assessment of the visual impact of the communications
facility from adjacent properties and streets to determine the need of
screening.
5.10.4 Standards and Procedures for Administrative Approvals of Wireless Support Structures,
Substantial Modifications, Collocations and Eligible Facility Requests
(A)Applicability
The following telecommunication facilities may be approved administratively by the
County provided that all of the provisions contained in Section 5.10 are met:
(1)New stealth telecommunications wireless support structures;
(2)Any monopole wireless support structure less than 75 feet in height;
(3)Any wireless support structure less than 215 feet in height located on property
that is owned or leased by
(a)Orange County;
(b)A voluntary fire organization;
(c)An Emergency Service organization; and/or
(d)Any other public entity;
(4)A wireless support structure less than 215 feet in height on which the owner of
such facility permits the County to collocate its wireless facilities on the structure
at no charge to the County, at the County’s request;
(5)Small and Micro-Wireless Facilities as defined and regulated by Section 5.10.8; .
(6)Applications for collocation on Wireless Support Structures or other structures
meeting the following requirements:
(a)The proposed additional facility will not increase the overall height and
width of the tower or wireless support structure;
(b)(ii) Twenty-foot tall Wireless Support Structures are permitted on
buildings as defined and regulated by Section 5.10.6(D);
(c)The proposed additional facility will comply with applicable regulations,
restrictions, or conditions, if any, applied to the initial wireless facilities
placed on the tower or other wireless support structure;
(d) The proposed additional wireless facilities comply with all federal, State,
and local safety requirements;
(e)All applications for the collocation of antennas on existing structures shall
be required to submit the following;
(i)The age of the existing wireless support structure;
(ii)The date of the original permit approval or authorization for the
existing wireless support structure;
(iii)For a wireless support structure that was built five or more years
before the date of an application, or for a guyed structure built
three years before an application date, a copy of the latest ANSI
Report done pursuant to the latest adopted Appendix to ANSI-
EIA/TIA 222 for any self-supporting tower. If an ANSI report has
not been done pursuant to the preceding schedule, an ANSI
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report shall be done and submitted as part of the application. No
Building Permit shall be issued for any wireless support structure
where the structure being attached to is in need of remediation,
unless and until the County Planning and Inspections
Department has approved all remediation work needed has been
completed and/or a schedule for the remediation work has been
approved; and.
(iv)A Structural Report signed and sealed by a Professional
Engineer showing the structural adequacy of the wireless
support structure to accommodate the additional facility and any
associated equipment.
(7)Notwithstanding the other provisions of Section 5.10, wireless communications
facilities in existence as of December 10, 2002, may be replaced with a new
wireless communications facility of equal or less visual impact, provided they
comply with the minimum standards of Section 5.10.
(B)Stealth
(1)General Standards
(a)To minimize adverse visual impacts, stealth antenna types shall be
preferred.
(b) Written narrative justifying that the wireless communications facility
meets the definition of a stealth facility. Each application shall contain a
rendering or photograph of the antenna (and Wireless Support Structure,
if any) including, but not limited to, colors and screening devices.
(c)Antennas, including their wireless support structure, shall not exceed 20
feet above the roofline of a building or support structure, water tank, or
transmission line.
(d)Any related equipment building shall not exceed 600 square feet of gross
floor area per WCF user or exceed 12 feet in height.
(e)A signed and sealed statement by a Professional Engineer that an
antenna / wireless support structure will not compromise the structural
integrity of a building, water tank, or transmission line.
(f) If an equipment building is located on the roof of a building, the area of
the equipment building shall not occupy more than 25% of the roof area.
(2) Setbacks
(a)The setback of the primary land use shall apply to freestanding stealth
wireless support structures when they are installed on existing
structures.
(b)For new free standing stealth wireless support structure, the setback
shall be the distance required for the use being mimicked. For example,
a concealed WTF disguised as a steeple shall be set back the distance
required for churches.
(C)Colocations on Wireless Support Structure or Building
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 (as
defined by this UDO) cannot be used for the particular application.
(1)Wireless support structures shall not exceed 20 feet above the roofline of the
subject building or support structure, water tank, or transmission line. The height
of the Wireless Support Structure shall be measured from the base of the
structure to its highest point.
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(2)Non-stealth antennas shall only be permitted on buildings or structures that are
at least 33 feet tall unless Orange County determines that public safety needs to
warrant an antenna on a shorter building.
(3)Antennas, wireless support structures , and related equipment buildings, shall
be located or screened to minimize the visual impact of the antenna upon
adjacent properties and shall be of a material or color which matches the exterior
of the building or structure upon which it is situated.
(4)Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per service provider or be more than 12 feet in height.
(5)If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25% of the roof area and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building;.
(6)Current or former Electronic Industries Alliance standards shall apply to the
addition of antennas or other appurtenances to communications towers under the
following conditions:
(a)Additions to towers constructed prior to the effective date of this
Ordinance, regardless of whether the additions are accounted for in the
original design, shall comply with the current Electronic Industries
Alliance standards, and the wind loading specified therein. Additions to
towers constructed subsequent to the effective date of this Ordinance
shall comply with standards set forth elsewhere in this Section.
(b)Existing towers that will not have any additional attached appurtenances
shall at a minimum comply with the Electronic Industries Alliance
standards in existence at the time the tower was erected.
(c)Replacement of antennas or other appurtenances shall at a minimum
comply with the Electronic Industries Alliance standard in existence at
the time the tower was erected if the replacement does not add to the
original design loading.
(d)If a structural analysis shows a tower is not in compliance with the
appropriate EIA standards, the owner shall submit an application to the
Inspections Division with a plan to bring the tower into compliance within
six (6) months.
(D)Monopoles
(1)At a minimum, monopole wireless support structures shall be structurally
designed to accommodate as many antenna arrays as the tower is designed to
carry.
(E)Procedure
All applications for telecommunication facilities that are eligible for administrative
approval shall be submitted and reviewed in accordance with the standards of Section
5.10.3 of this Ordinance.
(1)A written decision approving or denying an application for administrative approval
of a telecommunication facility under this section shall be issued no later than 45
days following the submission of a complete application.
(2)If the Planning Director denies the application, the reasons for such a decision
shall be stated in writing to the applicant.
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5.10.5 Standards and Procedures for Small and Micro-Wireless Facilities
(A)An applicant may file a single consolidated application for up to 25 separate small or
micro-wireless facilities at one time, but the County may choose to issue separate
decisions on one or more of the facilities included within a consolidated application.
(B)Timeframe for review.
Applications for the establishment of a small/micro wireless facility shall be processed
and decided within 45 days from the date the application is determined to be complete.
Nothing shall prohibit the County and the applicant from mutually agreeing to a longer
review period.
(1)If an application is denied, the County will send a written explanation of the
reasons for denial no later than the date of denial. The applicant may cure the
deficiencies and submit the revised application within 30 days of the initial denial.
The application will be deemed complete on resubmission if the application
materials cure the deficiencies. [See N.C. Gen. Stat. § 160D-933 (d)(3).]
(C)Timing for operation.
Construction of a small/micro wireless facility shall commence within six (6) months of its
approval and the small wireless facility shall be activated for use within one (1) year from
the permit issuance date, unless delayed by a lack of commercial power at the site.
(D)Maximum equipment size.
(1)In no instance shall a small or micro wireless facility exceed the following
maximum size limitations found in the definition; a small or micro wireless facility
that exceeds these maximum size limitations shall be reviewed as a wireless
communications facility.
(2)Micro wireless facilities shall be no larger in dimension than 24 inches in length,
15 inches in width, and 12 inches in height and that has an exterior antenna, if
any, no longer than 11 inches.
(3)The antenna(s) of small wireless facilities shall be located inside an enclosure of
no more than 6 cubic feet in volume or, in the case of an antenna that has
exposed elements, the antenna and all of its exposed elements, if enclosed,
could fit within an enclosure of no more than 6 cubic feet. All other wireless
equipment associated with the facility shall have a cumulative volume of no more
than 28 cubic feet.
(a)The following types of ancillary equipment are not included in the
calculation of equipment volume, as discussed herein: electric meters,
concealment elements, telecommunications demarcation boxes, ground-
based enclosures, grounding equipment, power transfer switches, cut-off
switches, vertical cable runs for the connection of power and other
services, or other support structures.
(E)Maximum height.
No new structure intended to support a small wireless facility shall be taller than 50 feet
above the adjacent, pre-construction grade. An existing structure (such as a utility pole,
light standard, sign, etc.) may be replaced in order to accommodate a small wireless
facility, but the replacement structure shall not exceed the height of the original structure
being replaced or 50 feet, whichever is taller. In cases where a new structure is installed
to serve a small wireless facility exceeds 50 feet in height, the structure shall be reviewed
and decided in accordance with the standards for a wireless communications facility, as
defined and regulated by Section 5.10.
(1)The antennae or equipment associated with a small wireless facility project shall
not exceed ten feet above the height of the structure the small wireless facility is
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mounted on. In cases where a replacement structure intended to serve a small
wireless exceeds the height of the original structure, the replacement structure
shall be reviewed and decided in accordance with the standards for a collocation.
(F)Placement.
A small wireless facility, including the support structure and all other equipment, shall not
obstruct the safe passage of vehicles, pedestrians, or bicycles.
(G)Method of attachment.
All equipment associated with a small wireless facility shall be fastened to a supporting
structure in a manner that minimizes the potential for structural failure, as justified and
established in a signed and sealed analysis from a professional engineer.
(H)Appearance.
The portion of a small/micro wireless facility attached to the support structure shall match
the color of the support structure, to the maximum extent practicable. In cases where an
applicant proposes inclusion of a small / micro wireless facility on a decorative support
structure, sign, or other existing structure not constructed solely for the purposes of
providing wireless telecommunications services, the County may require the small
wireless facility to be configured or concealed to ensure compatibility with the structure as
a condition of approval.
(I)Electrical service.
In cases where a small/micro wireless facility is proposed in areas where electrical
service is underground, all electrical service to power the small wireless facility shall also
be underground.
5.10.6 Cessation
(A)A wireless telecommunication facility shall be considered to have ceased operation if the
County receives written notice from a wireless services provider that it intends to cease
operations at a particular wireless telecommunication facility, or a wireless
telecommunications facility ceases to transmit a wireless telecommunications signal for a
period of 30 consecutive days or longer.
(B)Upon receipt of a written notice from a wireless services provider or upon determination
that a wireless communication facility has ceased operation, the County shall forward
written documentation of the cessation to the wireless services provider, and the owner of
the land, if different.
(C)The deadline to remove the wireless support structure shall be 180 days for small /micro
wireless facilities.
5.10.7 Abandonment
(A)The wireless telecommunications facility shall be deemed abandoned if wireless
telecommunications signals do not resume for a period of 180 consecutive days or longer
from the date the written documentation of cessation is filed.
(B)Upon making a determination that a wireless telecommunications facility has been
abandoned, the County shall forward written documentation of the abandonment to the
wireless services provider, and the owner of the land, if different.
(C)The deadline to remove the wireless support structure shall be 180 days for small /micro
wireless facilities.
5.10.8 Removal
(A)The County may require the wireless services provider or the owner of the land, if
different, to remove an abandoned wireless telecommunications facility within 30 days of
the date it is deemed abandoned, according to Section 5.10.9.
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(B)Should the wireless services provider, or the owner of the land, if different, fail to remove
the abandoned telecommunications facility within 30 days of the date that notice of
abandonment is filed, the County may remove the wireless telecommunications facility
and recover the actual cost of such removal, including legal fees, from the wireless
services provider and the owner of the land, if different. The county reserves the right to
place a lien upon the property for unrecovered costs associated with the removal of the
wireless communication facility.
(C)The deadline shall be 180 days for small /micro wireless facilities.
5.10.9 Temporary Use Permits for Wireless Support Structures and Facilities
(A)Notwithstanding anything in this Section to the contrary, the County may approve a
temporary use permit/agreement for a facility for no more than 90 days, during which time
the applicant shall develop a plan for facility removal, conversion to another type of
wireless support structure, or relocation. All such modifications to the existing wireless
communications facility shall be subject to the approval of the County.
(1)(1) EXCEPTION. Upon the declaration of a state of emergency by U.S. or N.C.
State government(s), temporary, commercial wireless communications facilities
may be granted temporary use permits for multiple 90-day terms. No emergency
temporary use permit shall be granted more than 90 days after a state of
emergency, or determination of public necessity ends.
(B)If such a plan is not developed, approved and executed within the 90-day time period,
then the County may take possession of and dispose of the affected facility in the manner
provided in this Section and utilize the filed bond or other security.
5.10.10 Ham Radio Antennas
(A)Standards of Evaluation
(1)Shall be for the non-commercial use of the property owner on which they are
located.
(2)Shall not exceed 90 ft. in height.
(3)Setbacks from the base of the antenna to the property boundary shall be equal to
110% of the tower height.
5.10.11 Non-Conforming Wireless Telecommunications Facilities
See section 8.14.
SECTION 5.11: STANDARDS FOR WASTE MANAGEMENT FACILITIES
5.11.1 Solid Waste Collection Facilities Owned and Operated by A Public Agency for the Purpose
of Disposal of Household Waste by Orange County Residents
(A)Standards of Evaluation
(1)The site shall consist of a parcel, or easement across a parcel, (whether owned
or leased by the public agency) which has been recorded by the Orange County
Register of Deeds.
(2)The parcel or easement across the parcel, (whether owned or leased by the
public agency) on which the facility is located shall contain a minimum area of
40,000 square feet.
(3)The parcel or easement shall have frontage on a State maintained road.
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ARTICLE 8: NONCONFORMITIES TABLE OF CONTENTS
SECTION 8.1: INTENT ..................................................................................................................... 8-1
8.1.1 Generally .......................................................................................................... 8-1
SECTION 8.2: CLASSIFICATION ....................................................................................................... 8-1
SECTION 8.3: COMPLETION OF NON-CONFORMING PROJECTS ......................................................... 8-1
8.3.1 Valid Permit Issued .......................................................................................... 8-1
SECTION 8.4: NON-CONFORMING USES INCOMPATIBLE WITH PERMITTED USES ............................... 8-3
SECTION 8.5: NON-CONFORMING SIGNS ......................................................................................... 8-3
8.5.1 Timeframe for Abatement ................................................................................ 8-3
SECTION 8.6: SPECIAL PERMIT USES ............................................................................................. 8-3
SECTION 8.7: NON-CONFORMING LOTS........................................................................................... 8-3
SECTION 8.8: NON-CONFORMING USES OF LAND WITHOUT STRUCTURES OR WITH MINOR
STRUCTURES ..................................................................................................... 8-3
SECTION 8.9: NON-CONFORMING USES OF MAJOR STRUCTURES, OR STRUCTURES AND
PREMISES IN COMBINATION ................................................................................ 8-4
SECTION 8.10: NON-CONFORMING STRUCTURES, OTHER THAN SIGNS .............................................. 8-4
SECTION 8.11: NON-CONFORMING CHARACTERISTICS OF USE .......................................................... 8-5
SECTION 8.12: REPAIRS AND MAINTENANCE .................................................................................... 8-5
SECTION 8.13: UNSAFE NON-CONFORMING STRUCTURES ................................................................. 8-5
SECTION 8.14: NONCONFORMING WIRELESS TELECOMMUNICATION FACILITIES ................................. 8-5
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SECTION 8.14: 8.14 NONCONFORMING WIRELESS TELECOMMUNICATION
FACILITIES
(A)Lawfully established wireless telecommunications facilities in operation prior to
April 5, 2011, that do not comply with these standards may remain and operate as
nonconforming uses.
(B)Ordinary and routine maintenance may be performed on a nonconforming wireless
telecommunications facility.
(C)Collocation of antennae, antenna-support structures, and related wireless
telecommunications equipment (not including substantial modifications, is
allowed, provided that the overall height of the existing nonconforming wireless
support structure remains unchanged or is reduced.
(D)In the event a nonconforming telecommunications tower is removed, it shall not be
replaced with another nonconforming wireless telecommunications tower.
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Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-39
Rooming House
A host occupied dwelling unit where individual rooms are rented out for occupancy for weekly or longer
periods. Individual rooms do not contain kitchen or cooking facilities for occupant use.
Routine Maintenance
Activities associated with regular and general upkeep of transmission equipment, including the
replacement of existing wireless facilities with wireless facilities of the same size.
Rural Buffer
Designated lands in the Comprehensive Plan that are adjacent to an urban or transition area that is rural
in character and which should remain rural and not require urban services.
Rural Community Activity Node Land
Land designated in the Comprehensive Plan that is focused on designated road intersections which serve
as a nodal crossroads for the surrounding rural community and is an appropriate location for any of the
following: church, fire station, small post office, school, or other similar institutional uses and one or more
commercial uses.
Rural Designated
Property that is not located in Urban Designated areas as defined in these definitions.
Rural Heritage Museum
A facility which stores and exhibits objects of historical, agricultural, and/or cultural interest for the
purpose of educating the public about the rural heritage of Orange County and surrounding areas.
Rural Industrial Activity Node
Land designated in the Comprehensive Plan that is focused on designated road intersections which
serves as a nodal crossroads for the surrounding rural community and is an appropriate location for
small-scale industrial uses which do not require urban type services.
Rural Neighborhood Activity Node
Land designated in the Comprehensive Plan that is focused on designated road intersections within a
Rural or Agricultural Residential area that is appropriate for small-scale commercial uses.
Rural Residential Land
Land designated in the Comprehensive Plan that is in the rural areas of the County that is an appropriate
location for low intensity and low density residential development which are not dependent on urban
services.
Rural Special Event
A temporary or seasonal commercial activity that occurs on a bona fide farm and which is expected to
attract more than 20 people at any given time.
Salvage yard
Property used for the storage, collection, and/or recycling of any type of equipment whatsoever, whether
industrial or non-commercial, and including but not limited to vehicles, appliances and related machinery.
Saw Mill
A facility where off-site logs or timber are sawn, planed or otherwise processed into lumber or other wood
products; not including the processing of timber for use on the same parcel of property.
School – Performing Arts, Sports and Recreation
A land use providing instruction and/or training in the arts, such as music, art, or dance, and/or athletic
activities, such as martial arts but not approved by the North Carolina Department of Public Instruction.
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c)Extend public water and/or sanitary sewerage systems other than laterals to serve individual lots;
d)Necessitate the installation of drainage improvements which would require easements through
one or more lots to serve other lots; and
e)At the option of the applicant, involve vesting of the subdivision for a period greater than one
year.
Substantial damage
Damage of any origin sustained by a structure during any one year period whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred. See definition of “substantial improvement.” Substantial damage
also means flood-related damage sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of each such flood event, on the average, equals or
exceeds 25% of the market value of the structure before the damage occurred.
Substantial improvement
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure,
taking place during any one year period whereby the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement. This term includes structures,
which have incurred substantial damage, regardless of the actual repair work performed.
The term does not, however, include either:
a)Any correction of existing violations of State or Orange County health, sanitary, or safety code
specifications which have been identified by the Orange County code enforcement official and
which are the minimum necessary to assure safe living conditions, or
b)Any alteration of a historic structure provided that the alteration will not preclude the structure's
continued designation as a historic structure and the alteration is approved by a variance issued
pursuant to this Ordinance.
Support System
A combination of footers, piers, caps, and shims that will, when properly installed, support the mobile
home. Masonry walls may be installed as a cosmetic feature.
Taxidermy
The practice of preparing and preserving the skins of animals and of stuffing and mounting them in lifelike
form.
Telecommunication Facilities, Accessory Use
A use incidental to, subordinate to, and subservient to the principal use of the property. As defined in this
section an accessory use is a secondary use.
Telecommunication Facilities, Antenna
Communications equipment that transmits, receives, or transmits and receives electromagnetic radio
signals used in the provision of all types of wireless communications services. 1
A system of electrical conductor communications equipment that transmits and/or receives
electromagnetic radio signals used in the provision of all types of wireless communications services.
Telecommunication Facilities, ANSI/TIA-222
Telecommunications Industry Association Standard 222- (or most recent standard) (Structural Standards
for Antenna Supporting Structures and Antenna Supporting Structures”) and ANSI / TIA-322 Standard
(“Loading, Analysis and Design Criteria Related to the Installation, Alteration and Maintenance of
Communication Structures.”). Standards are accredited by the American National Standards Institute.
This definition applies to the most recent standard.
Telecommunication Facilities, Applicable Codes
1 G.S. 160D-931 (1)
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Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-58
The North Carolina. State Building Code and any other uniform building, fire, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization together with State or County
amendments to those codes enacted solely to address imminent threats of destruction of property or
injury to persons. 2
Telecommunication Facilities, Applicant
Any wireless service provider or wireless support structure owner submitting an application for a wireless
facility.
Telecommunication Facilities, Application
A request submitted by an applicant to Orange County for a permit to collocate wireless facilities or to
approve the installation, modification or replacement of a utility pole, or a wireless support structure. 3
A formal request, containing all necessary and required documentation, submitted to Orange County to
construct or modify a wireless support structure or a wireless facility.
Telecommunication Facilities, Base Station
A station at a specific site authorized to communicate with mobile stations, generally consisting of radio
receivers, antennas, coaxial cables, power supplies, and other associated electronics.
Telecommunication Facilities, Building Code
The most recently adopted or amended edition of the North Carolina State Building Code.
Telecommunication Facilities, Building permit
An official Orange County administrative authorization issued prior to beginning construction consistent
with the provisions of N.C.G.S. §§ 160D-403 and 160D-1110. 4
An official Orange County administrative authorization to begin construction consistent with the provisions
of N.C.G.S. 160D-403.
Telecommunication Facilities, Collocation
The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on
existing structures, including utility poles, electrical transmission towers, water towers, buildings, and
other structures capable of structurally supporting the attachment of wireless facilities in compliance with
applicable codes. This term does not include the installation of new utility poles or wireless support
structures. 5
The placement or installation of wireless facilities on existing structures, including electrical transmission
towers, water towers, buildings, and other structures capable of structurally supporting the attachment of
wireless facilities in compliance with applicable codes.
Telecommunication Facilities, Commercial Impracticability or Commercially
Impracticable
The inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of
which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy
of the project. The inability to achieve a particular financial return on investment or profit, standing alone,
and for a single site, shall not deem a situation to be commercially impracticable and shall not render an
act or the terms of an agreement commercially impractical.
Telecommunication Facilities, Communications Facility
The set of equipment and network components, including wires and cables and associated facilities used
by a communications service provider to provide communications service.6
2 G.S. 160D-931 (2)
3 G.S. 160D-931 (3)
4 G.S. 160D-931 (5)
5 G.S. 160D-931 (8)
6 G.S. 160D-931 (9)
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Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-59
Telecommunication Facilities, Communications Service
Cable service as defined in 47 U.S.C. § 522(6), information service as defined in 47 U.S.C. § 153(24),
telecommunications service as defined in 47 U.S.C. § 153(53), or wireless services.7
1)47 USC § 522 “(6): the term “cable service” means –
(A)the one-way transmission to subscribers of (i) video programming, or (ii) other
programming service, and
(B)subscriber interaction, if any, which is required for the selection or use of such video
programming or other programming service;”
2) 47 USC § 153(24) See definition of Telecommunications Facilities, Communications Service
Provider.
1) 47 USC § 153 (53) “The term “telecommunications service” means the offering of
telecommunications for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilities used.”
Telecommunication Facilities, Communications Service Provider
A cable operator as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47
U.S.C. § 153(24); telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless provider.8
1) 47 U.S.C. § 522(5) “the term “cable operator” means any person or group of persons (A) who
provides cable service over a cable system and directly or through one or more affiliates owns a
significant interest in such cable system, or (B) who otherwise controls or is responsible for,
through any arrangement, the management and operation of such a cable system.
2)47 U.S.C. § 153 (24) “The term “information service” means the offering of a capability for
generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available
information via telecommunications, and includes electronic publishing, but does not include any
use of any such capability for the management, control, or operation of a telecommunications
system or the management of a telecommunications service.
3)47 U.S.C. § 153 (51) “The term “telecommunications carrier” means any provider of
telecommunications services, except that such term does not include aggregators of
telecommunications services (as defined in section 226 [47 USCS § 226]). A telecommunications
carrier shall be treated as a common carrier under this Act [47 USCS §§ 151 et seq.] only to the
extent that it is engaged in providing telecommunications services, except that the Commission
shall determine whether the provision of fixed and mobile satellite service shall be treated as
common carriage.”
Telecommunication Facilities, EIA-222
Electronics Industries Association Standard 222 (Structural Standards for Steel Antenna Wireless support
structures and Antenna Support Structures).
Telecommunication Facilities, Eligible Facilities Request
A request for modification of an existing wireless tower or base station that involves collocation of new
transmission equipment or replacement of transmission equipment but does not include a substantial
modification.
Telecommunication Facilities, Equipment Compound
An area surrounding or near the base of a wireless support structure within which a wireless facility is
located.
7 G.S. 160D-931 (10)
8 G.S. 160D-931 (11)
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Telecommunication Facilities, Equipment enclosure
An enclosed structure, cabinet, or shelter used to contain radio or other equipment necessary for the
transmission or reception of wireless communication signals.
Telecommunication Facilities, Existing Structure/Building
For purposes of this Section, any building or structure that currently exist on a parcel of land. Such
structures may include, but shall not be limited to, telecommunications wireless support structures,
overhead transmission line support structures, water tanks, silos, churches, schools, and utility poles.
Telecommunication Facilities, Extraordinary Conditions
Conditions subsequent to a hurricane, flood, tornado, or other natural or other disaster.
Telecommunication Facilities, FAA
The Federal Aviation Administration or its duly designated and authorized successor agency.
Telecommunication Facilities, FCC
The Federal Communications Commission or its duly designated and authorized successor agency.
Telecommunication Facilities, Fall Zone
The area in which a wireless support structure may be expected to fall in the event of a structural failure,
as measured by engineering standards.
Telecommunication Facilities, Guyed Wireless support structure
A telecommunication wireless support structure that is supported, in whole or in part, by guy wires and
ground anchors.
Telecommunication Facilities, Height
When referring to a wireless support structure, the distance measured from the pre-existing grade level to
the highest point on the structure, including any antenna or lightening protection device.
Telecommunication Facilities, Inspections Division
A division of the Orange County Planning and Inspections Department.
Telecommunication Facilities, Master Telecommunications Plan (“Plan”)
A plan developed for Orange County by the County’s Planning Department that shows properties where
owners have expressed interest in allowing the placement of telecommunications wireless support
structures provided that all applicable federal, state, and local regulations are met. Information that may
be shown on the plan will include existing wireless support structures, County defined Natural Areas,
historic properties, scenic corridors, all major electrical lines, Voluntary Agricultural Districts, existing
telecommunication wireless support structures, known bird migratory patterns through the County and all
public and quasi-public properties that may allow telecommunication facilities. The Plan will be for
purposes of disclosing information to telecommunication providers when they are seeking to establish
their telecommunication networks in the County.
Telecommunication Facilities, Micro Wireless Facility
A small wireless facility that is no larger in dimension than 24 inches in length, 15 inches in width, and 12
inches in height and that has an exterior antenna, if any, no longer than 11 inches.
Telecommunication Facilities, Microwave dish antenna
A dish-like antenna used to link wireless service sites together by wireless transmission of voice or data.
Telecommunication Facilities, Modification or Modify
The addition, removal, or change of any of the physical and visually discernable components or aspects
of a wireless facility or support structure, such as antennas, cabling, equipment shelters, landscaping,
fencing, utility feeds, changing the color or materials or any visually discernable components, vehicular
access, parking and/or an upgrade or change-out of equipment for better or more modern equipment that
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is not a Substantial Modification. Adding a new wireless carrier or service provider to a wireless support
structure as a collocation is a modification.
The addition, removal, or change of any of the physical and visually discernable components or aspects
of a wireless facility or support structure, such as antennas, cabling, equipment shelters, landscaping,
fencing, utility feeds, changing the color or materials or any visually discernable components, vehicular
access, parking and/or an upgrade or change-out of equipment for better or more modern equipment.
Adding a new wireless carrier or service provider to a wireless support structure as a collocation is a
modification.
Telecommunication Facilities, Monopole Wireless support structure
A wireless support structure consisting of a single pole or spire self-supported by a permanent foundation,
constructed without guy wires and ground anchors.
A telecommunication wireless support structure consisting of a single pole or spire self supported by a
permanent foundation, constructed without guy wires and ground anchors.
Telecommunication Facilities, Necessary
What is technologically required for the equipment to function as designed by the manufacturer and that
anything less will result in prohibiting or acting in a manner that prohibits the provision of service as
intended and described in the application.
Telecommunication Facilities, NIER
Non-Ionizing Electromagnetic Radiation.
Telecommunication Facilities, Panel Antenna
An inconspicuous, relatively flat, square or rectangular antenna designed to be affixed to the wall of a
building or structure in order to receive and transmit signals from a telecommunication device.
Telecommunication Facilities, Personal Wireless Services (PWS) or Personal
Telecommunications Service (PTS)
As defined and used in the 1996 Telecommunications Act.
Telecommunication Facilities, Repairs and maintenance
The replacement or repair of any components of a wireless facility where the replacement is identical to
the component being replaced or for any matters that involve the normal repair and maintenance of a
wireless facility without the addition, removal or change of any of the physical or visually discernable
components or aspects of a wireless facility that will add to the visible appearance of the facility as
originally permitted, but does not constitute a modification to a wireless facility or support structure.
Telecommunication Facilities, Roofline
The overall ridgeline of the structure, not including cupolas, elevator towers, clock towers or other similar
features.
Telecommunication Facilities, Search ring
The area within which a wireless support facility or wireless facility must be located in order to meet
service objectives of the wireless service provider using the wireless facility or wireless support structure.9
The area within which a wireless support structure must be located in order to meet service objectives of
the wireless service provider using the wireless facility or wireless support structure.
Telecommunication Facilities, Self-Support/Lattice Wireless support structure
A tapered structure broad at the base and narrower at the top consisting of cross-members and diagonal
bracing and without guyed support.
Telecommunication Facilities, Small Wireless Facility
A wireless facility that meets the following qualifications:
9 G.S. 160D-931 (17)
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a.Each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of
an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit
within an enclosure of no more than 6 cubic feet.
b.All other wireless equipment associated with the facility has a cumulative volume of no more than 28
cubic feet. For the purposes of this sub-subdivision, the following types of ancillary equipment are not
included in the calculation of equipment volume: electric meters, concealment elements,
telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer
switches, cut-off switches, vertical cable runs for the connection of power and other services, or other
support structures.10
Telecommunication Facilities, Stealth or Stealth Technology
A design or treatment that minimizes adverse aesthetic and visual impacts on the land, property,
buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested
location of such wireless support structures, which shall mean building the least visually and physically
intrusive facility that is not technologically or commercially impracticable under the facts and
circumstances. Stealth technology includes such technology as Distributed Antenna System (DAS) or its
functional equivalent or camouflage where the structure is disguised to make it less visually obtrusive and
not recognized to the average person as a wireless support structure.
Telecommunication Facilities, Substantial Modification
The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical
dimensions of the support structure. The burden is on Orange County to demonstrate that a mounting that
does not meet the listed criteria constitutes a substantial change to the physical dimensions of the
wireless support structure. A mounting is presumed to be a substantial modification if it meets any one or
more of the following criteria:
a.Increasing the existing vertical height of the structure by the greater of (i) more than ten percent (10%)
or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to
exceed 20 feet.
b.Except where necessary to shelter the antenna from inclement weather or to connect the antenna to
the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes
horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) more
than the width of the wireless support structure at the level of the appurtenance.
c.Increasing the square footage of the existing equipment compound by more than 2,500 square feet.11
The mounting of a proposed wireless facility on a wireless support structure that substantially changes
the physical dimensions of the support structure.
Telecommunication Facilities, Telecommunication Equipment
Equipment, which is located either upon a telecommunication tower or a structure and includes some
form of antenna for the purpose of transmitting and receiving wireless services.
Telecommunication Facilities, Utility pole
A structure that is designed for and used to carry lines, cables, wires, lighting facilities, or small wireless
facilities for telephone, cable television, electricity, lighting, or wireless services.12
A structure that is designed for and used to carry lines, cables, or wires for telephone, cable television, or
electricity, or to provide lighting.
Telecommunication Facilities, Unforeseen Events
Condemnations of existing telecommunications wireless support structures for road projects, casualty of
existing telecommunications wireless support structures, blocking of signals from new construction
10 G.S. 160D-931 (18)
11 G.S. 160D-931 (19)
12 G.S. 160D-931 (20)
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necessitating a relocation of a telecommunication wireless support structure, or the need to replace an
existing telecommunication wireless support structure for capacity issues, or for other reasons deemed
necessary by the County Planning Director or his/her designee.
Telecommunication Facilities, Water Tower
A water storage tank, a standpipe, or an elevated tank situated on a support structure originally
constructed for use as a reservoir or facility to store or deliver water.13
Telecommunication Facilities, Whip Antenna
A cylindrical antenna that transmits and/or receives signals in 360 degrees.
Telecommunication Facilities, Wireless facility
Equipment at a fixed location that enables wireless communications between user equipment and a
communications network, including (i) equipment associated with wireless communications and (ii) radio
transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies, and
comparable equipment, regardless of technological configuration. The term includes small wireless
facilities. The term does not include any of the following:
a.The structure or improvements on, under, within, or adjacent to which the equipment is collocated.
b.Wireline backhaul facilities.
c.Coaxial or fiber-optic cable that is between wireless structures or utility poles or city utility poles or that
is otherwise not immediately adjacent to or directly associated with a particular antenna.14
The set of equipment and network components, exclusive of the underlying wireless support structure or
tower, including antennas, transmitters, receivers base stations, power supplies, cabling, and associated
equipment necessary to provide wireless data and wireless telecommunications services to a discrete
geographic area. This may also be referred to as a Personal Wireless Facility.
Telecommunication Facilities, Wireless facility Stealth
A wireless support structure designed using stealth technology such that its primary purpose is, or
visually appears to be, something other than the support of telecommunications equipment, the apparent
purpose of the wireless support structure is customarily considered as accessory to a use that is allowed
in the zoning district, and the structure and its primary use comply with this Ordinance.
Telecommunication Facilities, Wireless Infrastructure Provider
Any person with a certificate to provide telecommunications service in the State who builds or installs
wireless communication transmission equipment, wireless facilities, or wireless support structures for
small wireless facilities but that does not provide wireless services.15
Telecommunication Facilities, Wireless Provider
A wireless infrastructure provider or a wireless services provider. 16
Telecommunication Facilities, Wireless support structure
A new or existing structure, such as a monopole, lattice, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless support structure.
Telecommunication Facilities, Wireless Telecommunications Facility (WTF),
Includes both Telecommunications Site and Personal Wireless Facility
A structure, facility or location designed, or intended to be used as, or used to support antennas or other
transmitting or receiving devises. This includes without limit wireless support structures of all types, kinds
and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other
structures that can be used as a support structure for antennas or the functional equivalent of such. If
13 G.S. 160D-931 (21)
14 G.S. 160D-931 (22)
15 G.S. 160D-931 (23)
16 G.S. 160D-931 (24)
65