Orange County NC Website
Article 2: Procedures <br />Section 2.7: Special Use Permits <br />(B) The following criteria shall constitute a modification: <br />(1) Any change in a condition imposed during the approval of a special use permit. <br />(2) Any change in use or enlargement of approved use. <br />(3) Any increase in intensity of use. An increase in intensity of use shall be <br />considered to be an increase in usable floor area and /or an increase in the <br />number of dwelling or lodging units. <br />(4) Structural alterations which significantly affects the basic size, form, style, <br />ornamentation, and /or character of the building as shown on the approved site <br />plan or described in the applicant's narrative. <br />(5) Substantial change in the amount and /or location of open space, recreation <br />facilities or landscape screening. <br />(6) Any increase in the size or number of approved signs. <br />(7) Any change in parking areas resulting in an increase or reduction of 5% or more <br />in the number of spaces approved. <br />(8) Substantial changes in pedestrian and /or vehicular access or circulation. <br />(9) Any change in a setback required by the provisions of this Ordinance or imposed <br />as a condition of approval. <br />1( 0) Any change in the location or extent of street and utility improvements or rights - <br />of -way, including water, sewer and storm drainage facilities, which would provide <br />a different level of service. <br />(11) For telecommunication facilities, a modification shall also include the following:' <br />ip -94(a) An increase in the existing vertical height of the structure by more than: <br />(i) 10% in the height of the tower, or <br />The height of 1 additional antenna with separation from the <br />nearest existing antenna not to exceed 20 feet <br />W(t) _A substantial change to the physical dimensions of the <br />wireless support structure which alters facts or conditions <br />relied upon by the County when granting the original permit. <br />It shall be the County's burden to demonstrate that such a <br />scenario constitutes a substantial change to the physical <br />dimensions of the wireless support structure.2 <br />(c) The addition of an appurtenance to the body of the telecommunication <br />facility that protrudes horizontally from the edge of the wireless support <br />structure the greater of: <br />(i) More than 20 feet or <br />a-(ii) More than the width of the wireless support structure at the level <br />of the appurtenance. <br />Except where necessary to shelter the antenna from inclement <br />weather or to connect the antenna to the tower via cable.3 <br />' Staff has added language from the Session Law into this Section of the UDO to further detail what constitutes a <br />`modification' to a telecommunication facility. <br />2 Language recommended by the County Attorney's office clarifying when a change in tower height constitutes a <br />`modification' requiring Board review submitted to staff on December 4, 2013. <br />3 This additional language is taken directly from NCGS 153A- 349.51 (7a) at the request of the County Attorney's <br />office. <br />Orange County, North Carolina — Unified Development Ordinance Page 2 -21 <br />