the date the owner indicates in any way that it is abandoning such facility or 180 days after the date said small wireless facility ceases to be used, whichever comes first, unless the owner gives the Town reasonable evidence that it is diligently working to place such wireless facility back in service. P. Annual Right-of-Way Rates. The Town may only charge a small wireless facility owner for the use of a right-of-way to construct, collocate, install, mount, maintain, modify, operate or replace a utility pole, wireless facility or wireless support structure if the Town charges other communications service providers or publicly, cooperatively or municipally owned utilities for similar uses of the right-of-way, to the extent allowed under N.C. Gen. Stat. §160A-296. Charges authorized by this Section shall meet all of the following requirements:
i. The right-of-way charge shall not exceed the direct and actual cost of managing the right-of- way and shall not be based on the owner’s revenue or customer counts;
ii. The right-of-way charge shall not exceed that imposed on the other users of the right-of-way, including investor, Town or cooperatively owned entities; and
iii. The right-of-way charge shall not be unreasonable, discriminatory or violate any applicable law .
(3)
Telecommunication Facilities & Services .
A. Telecommunication Facilities . Uses shall be permitted and placed in accordance with factors which include the type and height of the facility, size of the property on which the facility is located, the zoning district in which the facility is located, whether the facility is accessory or primary. i. A Special Use Permit is required for operation in the Residential Agricultural (RA), Residential Low Density (RLD), Residential Medium Density (RMD), Residential High Density (RHD), Planned Unit Development (PUD), Downtown Center-1 (DC-1), or Downtown Center-2 (DC-2) Zoning Districts. A Special Use Permit may be required for use in the Office & Institutional (O&I) Zoning District as indicated below. B. Pre-Existing . Existing telecommunication facilities that are changed or reconstructed due to damage from natural causes or relocated shall comply with the Land Development Ordinance at the time of such damage or relocation. Federal and State property and railroad property are exempt from these regulations.
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