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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Article 5: Uses Section 5.10: Standards for Telecommunication Facilities (2) Notwithstanding the other provisions of Section 5.10, telecommunications towers in existence as of December 10, 2002, may be replaced with a wireless support structure of equal or less visual impact after approval by the Planning Director. However, if the proposed new wireless support structure would not be consistent with the minimum standards under Section 5.10, replacement must be approved as provided for in this Ordinance. 5.10.5 Wireless Telecommunications Support Structures and Equipment as Principal or Accessory Uses (A) Wireless telecommunications support structures shall be permitted as a principal or accessory use in accordance with the Table of Permitted Uses and as follows: (1) On property owned by the County or any public entity, except those designated as historic properties or sites, the County may, in its sole discretion as the owner of the property, authorize the application and use of County property after the applicant executes a lease agreement acceptable to the County. (2) Wireless telecommunications facilities, as part of existing utility poles shall be permitted as an accessory use. Wireless facilities shall be constructed as part of the existing utility poles or as replacements for the existing utility poles. No freestanding towers constructed exclusively for personal wireless services shall be permitted within utility easements. (3) The placement of new wireless telecommunications support structures shall be in accordance with the Table of Permitted Uses, except as permitted in the Master Telecommunications Plan ( "Plan ") or by Section 5 10.6 of this Ordinance. 5.10.6 Administrative Approval of Certain Telecommunication Facilities (A) Applicability The following telecommunication facilities may be approved administratively by the Planning Staff provided that all of the provisions contained in Section 5.10 are met: (1) New stealth telecommunications wireless support structures up to 75 feet in height that are sufficiently disguised so as to minimize visual impact; (2) Any wireless support structure less than 75 feet in height; (3) Any wireless support structure less than 200 feet in height located on property that is owned or leased by Orange County; and (4) Any wireless support structure less than 200 feet in height on which the owner of such facility permits the County to collocate its wireless facilities on the structure at no charge to the County when the location of such facility is of benefit to the County as determined in the sole discretion of the County. (5) A written decision approving or denying an application for administrative approval of a telecommunication facility under this section shall be issued no later than 45 days following the submission of a complete application. (6) Collocation applications meeting the following requirements: (a) The proposed additional facility will not increase the overall height and width of the tower or wireless support structure to which the wireless facilities are to be attached consistent with Section 2.7.14 of the Ordinance. a 4 NCGS 153A -349 now allows for modification of an existing, permitted, telecommunication facility under certain set parameters. Staff has included a new definition of `Substantial Modification — Telecommunication Facility' in Article 10 of the UDO to incorporate this allowance. Staff is including language within the proposal, specifically in Section 2.7.14, requiring additional permitting if the height of the tower is increased beyond what was originally Orange County, North Carolina — Unified Development Ordinance Page 5 -82