(A) Jurisdiction. This chapter shall apply to all areas of unincorporated Ashe County which are not included in the extraterritorial jurisdiction of any municipalities.
(B) Exclusions. This chapter shall not apply to non-commercial towers which are for personal use and for which the owner makes no charge for use by others; to a tower owned by a government agency and utilized only for non-commercial emergency communications; to a tower under 40 feet in height owned and operated by a federally licensed amateur radio station operator; or to a tower used exclusively for a receive-only antenna.
(C) Exemptions. The following are exempt of the requirements of this chapter:
(1) Wireless facilities placed on utility poles.
(2) Removal or replacement of transmission equipment on an existing wireless tower or wireless facility that does not increase the tower’s height or width by 10%.
(3) Ordinary maintenance of existing wireless facilities, as defined in this chapter.
(4) Carriers on Wheels (COWs) placed for a period of not more than 120 days at any location within the county, or after a declaration of an emergency or disaster by the Governor.
(5) Antenna or antenna support structures of amateur radio operators 90 feet or less in height.
(6) New and existing wireless support structures and facilities owned by governmental agencies and designed for non-commercial emergency communications.
(Ord. passed 6-2-97; Am. Ord. passed 4-20-15; Am. Ord. passed 10-19-20; Am. Ord. passed 8-21-23)