§ 4-2. Exceptions.

All proposed exceptions must make application for a determination by the Planning Director or designee that the proposal qualifies as an exception.

Any proposed exception that will be more than 200 feet tall shall first provide the Planning Department with a copy of an FAA determination as a result of filing the FAA Form 7460-1, Notice of Proposed Construction or Alteration of an Object that may Affect the Navigable Airspace.

Any proposed exception that will be within 20,000 feet of a runway surface at the Michael J. Smith Airport, Bogue Airfield, and/or Atlantic Field shall provide with the application a copy of an FAA determination as a result of filing the FAA Form 7460-1.

The applicant shall establish to the satisfaction of the Planning Director or designee that the proposal will not adversely impact the restricted air space in Carteret County, particularly as it relates to the flight paths to and from MCAS Cherry Point, Bogue Field, Atlantic Field, Bombing Ranges PT 9 and 11, Seymour Johnson AFB, plus Camp Lejeune and New River Air Station.

Upon review of a complete application, the Planning Director or designee may determine that the proposal qualifies as one of the following kinds of exceptions:

4-2.1.

Public service facilities owned by county, state, or federal governments and their agencies; Carteret-Craven Electric Cooperative; or Progress Energy, including their successors.

4-2.2.

When placing wireless facilities on electric utility or government-owned property or facilities, only non-commercial wireless carriers and users are exempt from the requirements of this Ordinance.

4-2.3.

Any facilities expressly exempt from the county's siting, building, and permitting authority.

4-2.4.

Facilities used exclusively for private, non-commercial radio and television reception and private citizen's bands, licensed amateur radio, and other similar non-commercial telecommunications.

4-2.5.

Facilities used exclusively for providing unlicensed spread spectrum technologies, such as IEEE 802.11a, b, g services (e.g. Wi-Fi and Bluetooth), where the facility does not require a new tower or increase the height of the structure being attached to that do not provide service for a distance greater than 100 linear feet from the transmission and reception equipment.

4-2.6.

Any legally-permitted wireless telecommunications facility that existed before the effective date of this Ordinance shall be allowed to continue as it presently exists, including maintenance, repair, or replacement, so long the result is that the wireless telecommunications facility remains substantially the same as it was prior to the maintenance, repair, or replacement, as determined by the Planning Director or designee.

However, any substantial structural and/or visible modification, as determined by the Planning Director or designee, of an existing facility shall require that the complete facility and any new installation will comply with this Ordinance, as will anything that will increase the structural load to more than 100 percent of capacity.

4-2.7.

Any repair and maintenance of a wireless telecommunication facility that might require a building permit but does not require any other permit. However, construction or site work is not exempt.

4-2.8.

Reserved.

4-2.9.

Any reception or transmission device expressly exempted by the Telecommunications Act of 1996.

4-2.10.

Radio towers for AM or FM stations and television towers are permitted above the height limit in any zoned or unzoned area but each must be located no closer to any property line than 150 percent of its height.

4-2.11.

The following structures, features, or equipment are permitted above the height limit in any zoned or unzoned area: silos; towers used to support electric power and other utility lines; skylights and roof structures for elevators; stairways; tanks; ventilating fans; air conditioning or similar equipment for the operation or maintenance of the building; and any device used for screening such structures and equipment.

4-2.12.

This Ordinance shall in no way regulate, restrict, prohibit, or otherwise deter any bona fide farm and its related uses. Non-farm uses on a farm shall be subject to this Ordinance.

4-2.13.

The following are exempt from all Carteret County planning approval processes and requirements but not the NC Building Code:

A.

Removal or replacement of transmission equipment on an existing wireless tower or base station that does not result in a substantial modification or in an increase in the structural load to above 100 percent of the host structure's structural capacity.

B.

Ordinary maintenance of existing wireless facilities and wireless support structures that does not result in a substantial modification or in an increase in the structural load to above 100 percent of the host structure's structural capacity;

C.

Wireless facilities placed on utility poles; and

D.

Carrier on wheels or cell on wheels (COWs) placed for a period of not more than 120 days at any location or for more than 120 days at any location but only after a declaration of an emergency or a disaster by the Governor.

(Ord. of 1-13-14(3))