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(a) Intent. Regulations regarding development of telecommunications towers, antenna support structures and wireless communications facilities are intended to encourage the development of a competitive wireless communications marketplace while protecting the health, safety and welfare of the public and maintaining the aesthetic integrity of the community. The regulations cover the placement, construction and modification of telecommunications towers, antenna support structures and wireless communications facilities. The specific intent of this section is:
(1) To regulate the location of telecommunications towers, antenna support structures and wireless communications facilities;
(2) To protect residential areas and land uses from potential adverse impact of telecommunications towers, antenna support structures and wireless communications facilities;
(3) To minimize adverse visual impact of telecommunications towers, antenna support structures and wireless communications facilities through careful design, siting, landscaping and innovative camouflaging techniques;
(4) To promote and encourage shared use/co-location of telecommunications towers, antenna support structures and wireless communications facilities;
(5) To avoid potential damage to property caused by telecommunications towers, antenna support structures and wireless communications facilities by ensuring that the structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or when determined to be structurally unsound;
(6) To ensure that telecommunications towers, antenna support structures and wireless communications facilities are compatible with surrounding land uses;
(7) To facilitate the provision of wireless communications services to residents and businesses in an orderly fashion; and
(8) To promote the location of telecommunications towers in nonresidential areas.
(b) Application required. The following item must be satisfactorily addressed in a formal application to obtain a building permit at any given location in any zoning district: compliance with all applicable building codes, Federal Aviation Administration Regulations and § 158.279.
(c) Location/setbacks.
(1) Where a telecommunications tower is located within 600 feet of any residential zoning district, existing residential use except a farmstead, or future residential area, the minimum distance from the telecommunications tower base to the nearest existing residential structure or building setback line is not less than the proposed height of the tower.
(2) Where a telecommunications tower is required to meet Federal Aviation Administration paint and/or lighting regulations, the distance between the telecommunications tower and any residential zoning district or use, or any recreation/conservation district, shall not be less than one-half mile.
(d) Design character.
(1) Telecommunications towers and antenna support structure design shall use materials, colors, textures, screening and landscaping that create compatibility with the natural setting and surrounding structures.
(2) Telecommunications towers shall be protected from corrosion or rusting, and if painted, be a neutral color, unless otherwise required by the Federal Aviation Administration.
(e) Stealth. Telecommunications towers in any nonresidential district where located within 300 feet of a residential zoning district or existing residential use except a farmstead shall be monopole design.
(f) Interference with public safety radio services. In order to ensure that public safety radio services will be free from harmful or destructive interference, any applicant requesting a permit to site a telecommunications tower, antenna support structure or wireless communications facility shall provide documented Federal Communications Commission approval prior to permit issuance.
(g) Illumination. Telecommunications towers shall not be artificially lighted except as required by the Federal Aviation Administration.
(h) Maintenance.
(1) All telecommunications towers, antenna support structures and wireless communications facilities shall be maintained in good condition, order and repair so that they shall not endanger the life or property of any person.
(2) A. Telecommunications towers, antenna support structures and wireless communications facilities shall be maintained in compliance with Electronic Industries Association/Telecommunications Industries Association Standard EIA/TIA 222 (latest revision), all applicable laws, and so as not to interfere with the use of other property.
B. Upon the county planning director’s determination that a tower structure is a hazard to public safety, the owner shall be required to perform an inspection by a registered professional engineer and make all recommended corrections.
(3) All maintenance or construction on telecommunications towers, antenna support structures and wireless communications facilities shall be performed by persons employed by, or under contract to the owner.
(4) If an owner discontinues use of a telecommunications tower, or if an owner files notice with the Federal Communications Commission of its intent to cease operating the tower, the owner shall give written notice to the county planning director of the date of the discontinuance.
(i) Abandonment.
(1) If the county receives notice of discontinuance, or if any telecommunications tower is not used for 365 consecutive days, the owner may be notified that a determination of abandonment has been made. If, within 30 days of receipt of notice, the owner fails to show that the tower has been in use or under repair during the period, the county planning director may determine that the site has been abandoned.
(2) Within 75 days of notice of the determination of abandonment, the owner shall remove the tower from the site. If an owner fails to do so, the county may remove the tower and recover the cost from the owner.
(1992 Code, App. F, § 15.12) (Ord. 10-06, passed 1-23-2006)
(a) Intent. The requirements of this section are intended to provide for the regulation and permitting of uses and associated improvements on private property which are not so recurring in nature as to constitute a permanent use. These requirements are not intended to regulate temporary uses on public property, including public rights-of-way.
(b) Permit required. No person shall operate a temporary use without first obtaining a permit therefore from the county planning department as prescribed in this section. If an objection is filed pursuant to division (f) below or if the county planning department determines that a hearing should be held due to the scope of the proposed use, the temporary use application shall be referred to the planning commissions for action. A date for public hearing shall be set at which time the county and city planning commissions shall meet jointly to consider the application. At the joint meeting, the planning commissions shall decide by a vote of each body whether to grant the temporary use permit. When the planning commissions are not in agreement, the application shall be considered denied.
(c) Applications.
(1) Submission deadline. All applications for a temporary use permit shall be made to the county planning department at least 60 days prior to the proposed commencement date of the use, provided a lesser time may be allowed consistent with the requirements of this section.
(2) Temporary use plan.
A. All temporary uses shall be subject to approval of a temporary use plan.
B. The plan shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended to be used, the time period for which the temporary use permit is requested, and other information in sufficient detail as the county planning department determines is reasonably necessary to adequately review the application and to ensure the use will be conducted in a manner consistent with the requirements of this section.
(d) Fee. A fee of $50 shall accompany the application for a temporary use permit.
(e) Standards for review. The following standards shall be used in determining the suitability and compatibility of a temporary use:
(1) The temporary use will have no adverse effect on nearby properties or jeopardize public health, safety and general welfare;
(2) The temporary use will not create hazardous traffic conditions or result in traffic in excess of the capacity of the roads serving the use;
(3) The site is adequate to accommodate the proposed use, including the provision for on- and off- site parking;
(4) Adequate sanitation facilities will be available on the site;
(5) The time period and hours of operation for the temporary use are clearly specified;
(6) Provision is made for the removal, cleanup and restoration of the site;
(7) The temporary use will not adversely impact the natural environment;
(8) The site is suitable for the proposed temporary use, considering flood hazard, drainage, soils and other conditions which may constitute a danger to life, health or property; and
(9) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s building code.
(f) Notice. The county planning department shall send written notice of the temporary use permit application to the owners of all property located within 600 feet of the property involved. Written notice shall also be sent to the city planning department. The notice shall be sent at least 14 days before the county planning department makes its determination on the temporary use permit. If any property owner so notified files a written objection prior to the time the county planning department makes its determination regarding the application, the application shall be referred to the planning commissions for action.
(g) Conditions of approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety and welfare and the social and economic well-being of those who will use the temporary use, residents and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must be clearly specified in writing on the temporary use permit.
(h) Appeal of planning department or planning commission decision. Any person aggrieved by an action of the county planning department in granting, denying, revoking or suspending a temporary use permit may appeal the action to the planning commissions. The appeal shall be in writing and filed with the county planning department within five working days of the decision. The action of the planning commissions may be appealed to the board of county commissioners and city council in the same manner.
(i) Hearing by board and city council. In the case of an appeal of a decision of the planning commissions, a date for public hearing shall be set at which time the board of county commissioners and city council shall meet jointly to consider the temporary use application. At the joint meeting, the board of county commissioners and city council shall decide by a vote of each body whether to grant the temporary use permit.
(j) Exemptions. The following uses shall not require a temporary use permit:
(1) Estate or real estate sales involving the property or items from the property where the sale is held;
(2) Garage, yard or rummage sales provided:
A. Sales last not longer than three days;
B. Sales are held no more than twice yearly; and
C. Sales are conducted on the owner’s property or one of the owner’s property in case of a multi-party sale.
(3) Weddings, purely social parties or similar family events where the function or event involves the owner or lessor of the property and where no monetary consideration or fees for the use of the property or attendance is involved.
(1992 Code, App. F, § 15.13) (Ord. 10-06, passed 1-23-2006)
PARKING AND LOADING REGULATIONS
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