ORDINANCE - Wireless Communication Towers - 1-6-14

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n BK:00026 PG:0252 AN ORDINANCE AMENDING THE LEE COUNTY UNIIIUD DEVELOPMENT ORDINANCE BE IT ORDAINED by the Board of Commissioners for Lee County, North Carolina that the Unified Development Ordinance be, and it hereby is, amended as follows: Section 1. That Article Five, Supplemental Development Regulations, Subsection 5.33.1.2 be rewritten as follows: 5.33.12 MINOR AND SUBSTANTIAL MODIFICATIONS. A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment shall be considered a minor modification so long as it does not include a substantial modification as defined §533.1.2.1 below. 5.33.1.2.1 A "Substantial Modification" shall be defined as the mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the criteria listed below. (a) Increasing the existing vertical height of the structure by the greater of (i) more than ten percent (10%) or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet. (b) Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) More than the width of the wireless support structure at the level of the appurtenance. (c) Increasing the square footage of the existing equipment compound by more than 2,500 square feet 5.33.12.2 Minor modifications shall be reviewed and approved administratively subject to the submittal and review procedures as set forth in this Ordinance. Applications for new towers or those deemed as substantial modifications shall require approval via a Special Use Permit as set forth in this Ordinance. Section 2. That Article Five, Supplemental Development Regulations, Subsection 5.332.1 "GENERALLY" be rewritten as follows: 5.33.2.1 GENERALLY (a) Towers shall not interfere with normal radio and television reception in the vicinity. No tower shall display any sign, banner or any message. Violations shall be considered zoning violations and shall be corrected under the enforcement provisions of § 1.6 of this ordinance.