Orange County NC Website
Article 5: Uses <br /> Section 5.10: Standards for Telecommunication Facilities 31 <br /> d. On properties in areas zoned for commercial or industrial <br /> use. <br /> e. On properties in areas zoned Agricultural Residential <br /> (AR). <br /> f. On properties in areas zoned for residential use. <br /> (ii) If an Applicant proposes to place telecommunications equipment <br /> at a location that is not a preferred priority 1 site, then the <br /> Applicant must provide a detailed explanation as to why a higher <br /> priority site is not proposed. The explanation shall be in the form <br /> of a written report demonstrating the Applicant's review of the <br /> above locations in order of priority and the reason(s) for the site <br /> selection. The explanation shall, at a minimum, include the <br /> information required by section 5.10.8(B)(3)(e). <br /> (iii) The application shall not be approved unless it demonstrates <br /> that the telecommunications equipment may not be sited at a <br /> higher priority site because of commercial impracticability or <br /> because no higher priority site is available that would serve to <br /> provide the telecommunications service need identified by the <br /> Applicant as provided for in section 5.10.8(A)(1)(n). <br /> (iv) 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 /> (v) Notwithstanding that a potential site may be situated in an area <br /> of highest priority or highest available priority, an application <br /> shall not be approved if it conflicts with the provisions and <br /> requirements of this Ordinance. <br /> (vi) Wireless support structures shall not be located within one-half <br /> (%2) mile of any existing monopole, lattice or guyed wireless <br /> telecommunications support structure. <br /> a. An exception may be allowed when the applicant can <br /> sufficiently demonstrate that: <br /> i. Appropriate space on the existing <br /> telecommunication wireless support structure is <br /> not available; or <br /> ii. The applicant has made good faith effort to <br /> negotiate an agreement with the owner of the <br /> existing wireless telecommunication support <br /> structure and has been unsuccessful, which <br /> must be documented in writing; or <br /> iii. The telecommunication equipment on the <br /> existing wireless telecommunication support <br /> structure is not compatible with the proposed <br /> telecommunication equipment of the applicant; <br /> or <br /> iv. Adequate coverage by the applicant cannot be <br /> met at the location of the existing wireless <br /> telecommunication support structure; or <br /> V. The existing wireless telecommunication support <br /> structure cannot be reasonably modified to <br /> Orange County, North Carolina—Unified Development Ordinance Page 5-92 <br />