Orange County NC Website
Browse       Search
Article 5: Uses <br /> Section 5.10: Standards for Telecommunication Facilities <br /> <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 5-94 <br /> <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 co- <br />locationcollocation 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 />(½) 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 />iii. The telecommunication equipment on the <br />existing wireless telecommunication support <br />structure is not compatible with the proposed <br />telecommunication equipment of the applicant; <br />or <br />iv. Adequate coverage by the applicant cannot be <br />met at the location of the existing wireless <br />telecommunication support structure; or <br />v. The existing wireless telecommunication support <br />structure cannot be reasonably modified to <br />accommodate additional co-locationcollocation <br />by the applicant. <br />b. Exceptions shall only be allowed after a thorough <br />analysis of the search area, provided by the applicant is <br />performed by the County’s consultant or Staff, indicating <br />that coverage is not possible on an existing wireless <br />support structure at the four-carrier capacity or other <br />user capacity that can be achieved. There must be an <br />80% approval vote of the deciding board for this specific <br />finding to pass the exception criteria. <br />(c) Setbacks <br />(i) Within or adjacent to residential zoning districts, minimum <br />setbacks from the base of the wireless support structure to the <br />property boundary shall be equal to 110% of the wireless support <br />structure height. <br />(ii) If the wireless support structure is proposed as an accessory use <br />to a residential use, the setback shall be 110% of the wireless <br />support structure height from any residence or dwelling unit on <br />33