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ORD-2014-001 Ordinance Amending the Unified Development Ordinance of Orange County incorporating State Law related changes to the Board of Adjustment
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ORD-2014-001 Ordinance Amending the Unified Development Ordinance of Orange County incorporating State Law related changes to the Board of Adjustment
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Last modified
4/5/2016 2:56:08 PM
Creation date
1/27/2014 12:16:22 PM
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BOCC
Date
3/6/2014
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
6f
Document Relationships
Agenda - 01-23-2014 - 5a
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2014\Agenda - 01-23-2014 - Regular Mtg.
Agenda - 03-06-2014 - 6f
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2014\Agenda - 03-06-2014 - Regular Mtg.
Minutes 01-23-2014
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2014
Minutes 03-06-2014
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2014
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Article 5: Uses <br />Section 5.10: Standards for Telecommunication Facilities <br />(b) Location of Wireless Support Structures <br />(i) Applicants for facilities shall locate, site and erect said facilities <br />according to the following priorities, in the following order: <br />a. On existing County -owned facilities without increasing <br />the height of the tower or structure. <br />b. On existing Facilities without increasing the height of the <br />tower or structure. <br />C. On County -owned properties or facilities <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)(s). <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 se- <br />tesat+eacollocation shall not be a valid basis for any claim of <br />commercial 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 />Orange County, North Carolina — Unified Development Ordinance Page 5 -93 <br />
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