Orange County NC Website
Ordinance as Approved by BOCC <br />22 <br />c) The application shall not be approved unless it demonstrates that <br />the telecommunications equipment may not be sited at a higher <br />priority site because of commercial impracticability or because no <br />higher priority site is available that would serve to provide the <br />telecommunications service need identified by the Applicant as <br />provided for in Subsection 6.18.4 d)(10). <br />d) An Applicant may not by-pass sites of higher priority merely <br />because the site proposed is the only site leased or selected. <br />Agreements between providers limiting or prohibiting co-location <br />shall not be a valid basis for any claim of commercial <br />impracticability. <br />e) Notwithstanding that a potential site may be situated in an area of <br />highest priority or highest available priority, an application shall not <br />be approved if it conflicts with the provisions and requirements of <br />this Ordinance. <br />f) Within or adjacent to residential zoning districts, minimum <br />setbacks from the base of the tower to the property boundary shall <br />be equal to 110% of the tower height. If the tower is proposed as <br />an accessory use to a residential use, the tower setback .shall be <br />110% of the tower height from any residence or dwelling unit on <br />the subject property. <br />g) Adjacent to non-residential uses or non-residential zoning districts, <br />minimum setbacks from the base of the tower to the property <br />boundary shall be the greater of 20% of the tower height, or the <br />minimum required setback. <br />h) A Type C Landscape Buffer shall be provided between the tower <br />and its accessory structures and adjoining property/properties. <br />Existing vegetation may be removed only to the extent necessary <br />to accommodate the tower, equipment buildings, and support <br />structures such as guy wires. Plantings around the compound <br />perimeter, outside of .any fence or wall, shall be composed entirely <br />of fast growing evergreen vegetation. New plantings and existing <br />vegetation used for screening shall be at least six (6) feet in height <br />or greater at planting. Proposed plantings (name, type, height) <br />shall be shown on the Landscape Plan for the facility. <br />Landscaping shall provide a screen on a year-round basis. <br />i) The site plan shall indicate a location for at least two equipment <br />buildings in addition to that proposed for use by the applicant. All <br />outdoor lighting not regulated by the FCC shall comply with the <br />Outdoor Lighting Standards set forth in Section 6.31 of the Zoning <br />Ordinance. <br />j) An 8-foot fence or wall shall be required around the base of any <br />tower. This fence or wall shalt encompass all accessory <br />equipment within the compound. Fences shall be required around <br />