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Prior to March 3, 1967, in any RE-2, R-200, R-90 or R-60 zone, a tea house or restaurant and buildings accessory thereto may be allowed. Any tea house or restaurant in the above zones lawfully existing on March 3, 1967, is a conforming use and may be continued, structurally altered, reconstructed or repaired so long as it remains an otherwise lawful use as previously permitted. Any alterations or reconstruction that results in an expansion of the existing floor area must be approved by special exception by the Board. No special exception for a tea house or restaurant in any of the above specified zones may be granted unless such tea house or restaurant was in existence and operating as such on March 3, 1967.
(Legislative History: Ord. No. 14-47, § 1.)
Cross reference-Eating and drinking establishments, .
(a) Any telecommunications facility must satisfy the following standards:
(1) A support structure must be set back from the property line as follows:
(A) In agricultural and residential zones, a distance of one foot from the property line for every foot of height of the support structure.
(B) In commercial and industrial zones, a distance of one-half foot from the property line for every foot of height of the support structure from a property line separating the subject site from commercial or industrial zoned properties, and one foot for every foot of height of the support structure from residential or agricultural zoned properties.
(C) The setback from a property line is measured from the base of the support structure to the perimeter property line.
(D) The Board of Appeals may reduce the setback requirement to not less than the building setback of the applicable zone if:
(i) the applicant requests a reduction; and
(ii) evidence indicates that a support structure can be located on the property in a less visually obtrusive location after considering the height of the structure, topography, existing vegetation, adjoining and nearby residential properties, if any, and visibility from the street.
(2) A support structure must be set back from any off-site dwelling as follows:
(A) In agricultural and residential zones, a distance of 300 feet.
(B) In all other zones, one foot for every foot in height.
(C) The setback is measured from the base of the support structure to the base of the nearest off-site dwelling.
(D) The Board of Appeals may reduce the setback requirement in the agricultural and residential zones to a distance of one foot from an off-site residential building for every foot of height of the support structure if:
(i) the applicant requests a reduction; and
(ii) evidence indicates that a support structure can be located in a less visually obtrusive location after considering the height of the structure, topography, existing vegetation, adjoining and nearby residential properties, and visibility from the street.
(3) The support structure and antenna must not exceed 155 feet in height, unless it can be demonstrated that additional height up to 199 feet is needed for service, collocation, or public safety communication purposes. At the completion of construction, before the support structure may be used to transmit any signal, and before the final inspection pursuant to the building permit, the applicant must certify to the Department of Permitting Services that the height and location of the support structure is in conformance with the height and location of the support structure as authorized in the building permit.
(4) The support structure must be sited to minimize its visual impact. The Board may require the support structure to be less visually obtrusive by use of screening, coloring, stealth design, or other visual mitigation options, after considering the height of the structure, topography, existing vegetation and environmental features, and adjoining and nearby residential properties. The support structure and any related equipment buildings or cabinets must be surrounded by landscaping or other screening options that provide a screen of at least 6 feet in height.
(5) The property owner must be an applicant for the special exception for each support structure. A modification of a telecommunications facility special exception is not required for a change to any use within the special exception area not directly related to the special exception grant. A support structure must be constructed to hold no less than 3 telecommunications carriers. The Board may approve a support structure holding less than 3 telecommunications carriers if:
(A) requested by the applicant and a determination is made that collocation at the site is not essential to the public interest; and
(B) the Board decides that construction of a lower support structure with fewer telecommunications carriers will promote community compatibility. The equipment compound must have sufficient area to accommodate equipment sheds or cabinets associated with the telecommunications facility for all the carriers.
(6) No signs or illumination are permitted on the antennas or support structure unless required by the Federal Communications Commission, the Federal Aviation Administration, or the County.
(7) Every freestanding support structure must be removed at the cost of the owner of the telecommunications facility when the telecommunications facility is no longer in use by any telecommunications carrier for more than 12 months.
(8) All support structures must be identified by a sign no larger than 2 square feet affixed to the support structure or any equipment building. The sign must identify the owner and the maintenance service provider of the support structure or any attached antenna and provide the telephone number of a person to contact regarding the structure. The sign must be updated and the Board of Appeals notified within 10 days of any change in ownership.
(9) Outdoor storage of equipment or other items is prohibited.
(10) Each owner of the telecommunications facility is responsible for maintaining the telecommunications facility in a safe condition.
(11) The applicants for the special exception must file with the Board of Appeals a recommendation from the Transmission Facility Coordinating Group regarding the telecommunications facility. The recommendation must be no more than 90 days old, except that a recommendation issued within one year before June 22, 2010, must be accepted for one year from the date of issuance. The recommendation of the Transmission Facility Coordinating Group must be submitted to the Board at least 5 days before the date set for the public hearing.
(12) The Board must make a separate, independent finding as to need and location of the facility. The applicant must submit evidence sufficient to demonstrate the need for the proposed facility.
(b) Any telecommunications facility special exception application for which a public hearing was held before November 18, 2002 must be decided based on the standards in effect when the application was filed.
(c) Any telecommunications facility constructed as of November 18, 2002 may continue as a conforming use.
(Legislative History: Ord. No. 15-54, § 11; Ord. No. 16-53, § 2.)
Editor’s note—Previous Sec. 59-G-2.58. Temporary structures, including farm markets was repealed by Ord. No. 13-110, § 4.
The use of any lot, parcel or tract of land for a legitimate theater, including a dinner theater, and for buildings accessory to such theater, may be allowed, upon a finding by the board that:
(a) Such use will not constitute a nuisance because of traffic, noise, lighting, hours of operation, or number of patrons who will attend such theater;
(b) Such use will not affect adversely the present character or future development of the surrounding residential community; and
(c) Such lot, parcel or tract of land on which the theater, accessory buildings and parking areas are located, or are to be located, has a minimum area of 5 acres; and a minimum frontage of 300 feet; and that the buildings and parking used in connection with the theater are set back a minimum of 50 feet from all property lines.
(Legislative History: Ord. No. 10-24, § 3; Ord. No. 12-1, § 1; Ord. No. 14-47, § 1.)
Editor's note-Section 59-G-2.61, granting a special exception to outdoor theaters, was repealed by Ord. No. 12-4, § 6.
A tire, battery, and automobile accessory store may be permitted in an integrated shopping center subject to the following requirements:
(a) The use is incidental to a primary, permitted use and contains no more than 5 percent of the total floor area of such primary use.
(b) The use will not constitute a nuisance because of noise, illumination, fumes, odors or physical activity in the location proposed.
(c) Installation service shall be limited to those related products which are retailed by the primary user on the premises.
(d) Installation service shall be limited to enclosed buildings.
(e) No outdoor displays or storage of tires or like objects is allowed.
A special exception may be granted for a winery, subject to the following requirements:
(a) The minimum area of the lot must be 10 acres.
(b) The minimum setback from any property line must be 75 feet, except that the minimum setback from the street may be reduced to 50 feet if the board finds that:
(1) The site is in an agricultural rather than a residential area; and
(2) The smaller setback would be compatible with surrounding uses.
(c) The board may regulate hours of operation, numbers of vehicles and personnel employed and other on-site operations so as to prevent adverse impact on adjoining uses.
(d) The property must front on and have access to a road built to primary or higher standards.
(e) The board must be notified if the winery intends to conduct public tours.
(f) Adequate parking must be provided on site in accordance with the requirements for an industrial or manufacturing establishment or warehouse, as stated in article 59-E. In addition, there must be a minimum of 10 additional visitors' spaces if the winery conducts public tours.
(g) In evaluating the compatibility of this special exception with surrounding land uses, the Board must consider that the impact of an agricultural special exception on surrounding land uses in the agricultural zones does not necessarily need to be controlled as stringently as the impact of a special exception in the residential zones.
(Legislative History: Ord. No. 10-69, § 9; Ord. No. 13-107, § 3.)
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