§ 154.43 EXEMPTIONS.
   Unless expressly set forth herein, the following categories of small wireless facilities are exempt from the requirements of this subchapter, provided that they meet the location and design requirements set forth below:
   (A)   Any telecommunications facility that is owned and operated by an amateur radio operator licensed by the FCC and that measures less than 65 feet in height when measured from ground level.
   (B)   Over-the-air reception devices pursuant to 47 CFR § 1.4000, provided that it satisfies applicable requirements of the UDO.
   (C)   Eligible facilities requests.
   (D)   Routine maintenance of small wireless facilities and broadband service towers; the replacement of small wireless facilities or broadband service towers with small wireless facilities or broadband service towers 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 city utility poles in compliance with all applicable laws or regulations by or for a communications services provider authorized to occupy town rights-of-way and which is remitting taxes pursuant to G.S. § 105-164.4(a), (4c) or (a)(6).
   (E)   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; provided that such facility must comply with applicable federal and state requirements, and must be removed at the conclusion of the emergency.
   (F)   Public safety facilities or installations required for public safety on public or private property, including transmitters, repeaters, and remote cameras, provided that such facilities are designed to match the supporting structure.
   (G)   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 all applicable codes.
(Ord. 2018-002, passed 4-2-18; Am. Ord. 2021-008, passed 3-7-22)