S ORD-2002-037 Telecommunication Tower Ordinance Amendments

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2 2) Formal applications for the May and November Public Hearings by the County Commissioners, and meetings of the Board of Adjustment, shall be submitted in accordance with the published yearly calendar of meetings schedule. 3) Exceptions to the ATRM requirement as it applies to a particular site may be allowed in the case of unforeseen events as defined in Section 6.18 provided the applicant shall submit documentation for review by the Orange County Development Review Committee (DRC) that such a waiver is necessary. The DRC shall make a determination on the waiver request and notify the applicant within a reasonable time period. 4) 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. Section 7. (Page 6-25d) Amend Section 6.18 to read as follows: 6.18 Telecommunications Towers and Eauiqment The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: 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. Antenna - A transmitting and/or receiving device used for wireless services, that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations. Building Code - The most recently adopted or amended edition of the North Carolina State Building Code. Co-location - Locating telecommunication equipment for more than one provider on one qualified shared facility at one site. 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, shall not deem a situation to be commercially impracticable. EIA-222 - Electronics Industries Association Standard 222 (Structural Standards for Steel Antenna Towers and Antenna Support Structures).