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Public Hearing on Land Use Ordinance Amendments to Establish a New Use Classification for Data Service Provider Facilities
PURPOSE: The purpose of item is for the Board of Aldermen to consider amending the Land Use Ordinance to establish a new use classification for data service provider facilities. A draft ordinance has been prepared. The Board must receive public comments before taking action on the draft ordinance.
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DEPARTMENT: Planning
CONTACT INFORMATION: Christina Moon - 919-918-7325; Bob Hornik - 919-929-3905; Nick Herman - 919-929-3905; Marty Roupe - 919-918-7333
INFORMATION: Section 15-146 of the Land Use Ordinance, Table of Permissible Uses, outlines a number of utility-type uses such as above-ground utility structures or facilities, and underground lines. Such uses are further classified based on the physical size of the facility's components as well as the extent, or coverage, of the area for which the utility is designed to serve. As interest in new data services come on line, staff noted an opportunity to further refine the existing definitions to better provide for new types of uses.
A draft ordinance has been prepared that, if adopted, would establish a new data service provider facility use classification. The new use would be added to the list of definitions in the LUO and added to the Table of Permissible Uses. Article XI, Supplementary Use Regulations, would also be amended with a new Section 15-176.6 to provide dimensional requirements and performance standards. The proposed amendment also includes language that would require a service provider to remove facilities that were no longer in service within a certain period of time. The LUO includes similar language for cell tower facilities.
The draft ordinance was referred to Orange County and presented to the Planning Board and Appearance Commission at the June 4, 2015 Joint Review meeting. Comments are provided (Attachment C).
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