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Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-21 (B) The following criteria shall constitute a modification: (1) Any change in a condition imposed during the approval of a special use permit. (2) Any change in use or enlargement of approved use. (3) Any increase in intensity of use. An increase in intensity of use shall be considered to be an increase in usable floor area and/or an increase in the number of dwelling or lodging units. (4) Structural alterations which significantly affects the basic size, form, style, ornamentation, and/or character of the building as shown on the approved site plan or described in the applicant’s narrative. (5) Substantial change in the amount and/or location of open space, recreation facilities or landscape screening. (6) Any increase in the size or number of approved signs. (7) Any change in parking areas resulting in an increase or reduction of 5% or more in the number of spaces approved. (8) Substantial changes in pedestrian and/or vehicular access or circulation. (9) Any change in a setback required by the provisions of this Ordinance or imposed as a condition of approval. (10) Any change in the location or extent of street and utility improvements or rights- of-way, including water, sewer and storm drainage facilities, which would provide a different level of service. (11) For telecommunication facilities, a modification shall also include the following:1 (10)(a) An increase in the existing vertical height of the structure by more than: (i) 10% in the height of the tower, or (ii) The height of 1 additional antenna with separation from the nearest existing antenna not to exceed 20 feet (a)(b) An increase in height causing a contradiction or modification to facts or conditions relied upon by the County during action on the original permit request that changes the impact of the project.2 (c) The addition of an appurtenance to the body of the telecommunication facility that protrudes horizontally from the edge of the wireless support structure the greater of: (i) More than 20 feet or a.(ii) More than the width of the wireless support structure at the level of the appurtenance. Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable.3 (ii)(d) Increasing the square footage of the existing equipment compound by more than 2,500 square feet. (e) A demonstrably substantial change to the physical dimensions of the wireless support structure altering the facts relied upon by the County in order to acquire the original permit. 1 Staff has added language from the Session Law into this Section of the UDO to further detail what constitutes a ‘modification’ to a telecommunication facility. 2 Language recommended by the County Attorney’s office clarifying when a change in tower height constitutes a ‘modification’ requiring Board review. 3 This additional language is taken directly from NCGS 153A-349.51 (7a). 64