(A) The standards established herein shall apply to qualifying small wireless facilities, qualifying utility poles and qualifying town utility poles, as defined herein. Nothing in this chapter shall be interpreted to excuse compliance with, or to be in lieu of, any other requirement of state or local law, except as specifically provided herein, without limitation, the provisions of this chapter do not permit placement of small wireless on privately owned utility poles or wireless support structures, or on private property without the consent of the property owner or any person who has an interest in the property.
(B) The following categories of small wireless facilities are exempt from the requirements set forth in § 153.59 of this chapter:
(1) Any wireless communications facility below 65 feet when measured from ground level which is owned and operated by an amateur radio operator licensed by the FCC and used exclusively for amateur radio operations;
(2) Satellite dishes;
(3) Eligible facilities requests that satisfy the requirements set forth in § 153.41 of this chapter;
(4) Routine maintenance of small wireless facilities; the replacement of small wireless facilities that are the same size or smaller; or installation, placement, maintenance or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles or town utility poles in compliance with all applicable laws or regulations by or for a communications service provider authorized to occupy the town rights-of-way and who is remitting taxes under G.S. § 105-164.4(a) or (a)(6).
(5) A temporary small wireless facility, upon the declaration of a state of emergency by federal, state or local government, and a written determination of public necessity by the town; except that, such facility must comply with all federal and state requirements and must be removed at the conclusion of the emergency.
(6) Public safety facilities or installations required for public safety on public or private property, including transmitters, repeaters and remote cameras so long as the facilities are designed to match the supporting structure.
(7) A small wireless facility located in an interior structure or upon the site of any stadium or athletic facility; provided that, the small wireless facility complies with applicable codes.
(Ord. passed 8-12-2019)