groups. For the purposes of this , and activities be grouped as follows:
(A) Group 1: exempt allowed in all districts. constructed or permitted prior to the effective date of this , for residential, amateur radio which are less than 80 feet in height or any (including ) less than 50 feet in height are exempt from the terms of this with the exception of compliance with setbacks within the district. If an mounted on an does not extend more than 30 feet higher than the , the construction is exempt from the terms of this . If of an on an existing results in the not increasing by more than 30 feet, the construction is exempt from the terms of this . Exemption herein does not constitute exemption from any other applicable federal, or local law or regulation.
(B) Group 2: or replacement. The Town of Mills River requires of on existing where opportunities are available. Upon enactment of this , any person, corporation, partnership or other entity which intends to collocate on an existing within the jurisdiction of this , where the results in the increasing by more than 20 feet, first obtain a from the in accordance with the terms of this . be placed so as not to increase the degree of any existing non-conformities.
(C) Group 3: for residential, amateur radio. Upon enactment of this , any person, corporation, partnership or other entity which intends to construct a , within the jurisdiction of this , which is 80 feet or more in height and which is intended for residential or amateur radio first obtain a from the in accordance with the terms of this .
(D) Group 4: new less than 50 feet. Upon enactment of this , any person, corporation, partnership or other entity which intends to construct a new up to 50 feet in height within the jurisdiction of this first obtain a from the in accordance with the terms of this . Allowed in districts MR-GB, MR-NC, MR-LI and MR-MU.
(E) Group 5: new 50 feet through 250 feet. Upon enactment of this , any person, corporation, partnership or other entity which intends to construct a new up to 250 feet in height within the jurisdiction of this first obtain a from the in accordance with the terms of this . Allowed in districts MR-GB, MR-NC, MR-LI and MR-MU.
(F) Group 6: new . Upon enactment of this , any person, corporation, partnership or other entity which intends to construct a new greater than 250 feet in height within MR-GB, MR-NC, MR-LI and MR-MU districts and under the jurisdiction of this first obtain a from the in accordance with the terms of this . Any person, corporation, partnership or other entity which intends to construct a new less than 100 feet in height within MR-30 district and under the jurisdiction of this first obtain a from the in accordance with the terms of this .
(G) Group 7: location of on . Upon enactment of this , any person, corporation, partnership or other entity which intends to mount an on an that would add more than 20 feet to the height of the within the jurisdiction of this first obtain a from the in accordance with the terms of this .
(H) Group 8: public safety and governmental Use. Upon enactment of this , any government agency which intends to construct a new first obtain a from the in accordance with the terms of this .
(Ord. 00079, passed 4-25-2013; Am. Ord. 2021-06, passed 4-22-2021)