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An existing use eligible for a conditional use permit which was lawfully established on the effective date of this chapter shall be deemed to have received a conditional use permit as herein required and shall be provided with the permit by the county upon request, and it shall not be a nonconforming use, provided, however, for any enlargement, extension or relocation of the existing use, an application in conformance with this chapter shall be required.
(1992 Code, App. F, § 19.08) (Ord. 10-06, passed 1-23-2006)
No applicant requesting a conditional use permit whose application includes the same or substantially the same requirements for the same or substantially the same property as that which has been denied by the planning commissions or the board of county commissioners and city council shall be again considered by the planning commissions before the expiration date of six months from the date of the final action on the application.
(1992 Code, App. F, § 19.09) (Ord. 10-06, passed 1-23-2006)
If the planning director finds that at any time that the terms, conditions or requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under the permit or any amendment thereto, the planning director shall report this fact to the permittee, landowner and/or operator, and the county and city planning commissions. The county and city planning commissions may, after conducting a public hearing, of which the permittee, landowner and/or operator shall be notified, make a recommendation to the board of county commissioners and the city council for their consideration and action. The board of county commissioners and the city council may, after conducting a public hearing, of which the permittee, landowner and/or operator shall be notified, revoke the conditional use permit for failure to comply with the terms, conditions or requirements of the permit.
(1992 Code, App. F, § 19.10) (Ord. 10-06, passed 1-23-2006)
Where a conditional use permit is required for approval of telecommunications towers and antenna support structures, the following will be considered.
(a) Design character.
(1) Telecommunications towers, antenna support structures and equipment buildings shall be compatible with the architectural style of the surrounding built environment, considering exterior materials, roof form, scale, mass, color, texture and character. Equipment buildings may be located underground where feasible. To prevent undue concentration of telecommunications towers, consideration should be given to co-location as a first alternative.
(2) Wireless communications facilities on new telecommunications tower structures, antenna support structures or co-located on existing telecommunications towers shall minimize visual impact.
(b) Screening.
(1) A telecommunications tower site and tower base adjacent to residential property, except when located in a farmstead, shall be provided with a fence, wall, berm or shrubbery of sufficient height and of a character necessary to provide adequate visual screening. Where the adjacent property is across public right-of-way from a telecommunications tower site, screening shall be provided in all cases except when the right-of-way is an arterial street.
(2) Existing vegetation and grades on the site shall be preserved as much as possible. Natural growth around the property perimeter on large, wooded lots may be considered a sufficient buffer to telecommunications towers. In locations where the visual impact of the telecommunications tower would be minimal, the screening requirement may be reduced or waived.
(c) Fencing. Adjacent to a residentially used or zoned property, natural materials shall be used for fence screening. If chain-link fencing is needed for safety and security, additional landscape screening shall be required outside the chain-link fence to screen public view of the telecommunications tower site.
(1992 Code, App. F, § 19.11) (Ord. 10-06, passed 1-23-2006)
Location of the tower shall be done with consideration for public safety in the event that the tower would fall and to minimize adverse visual impact of broadcast towers through careful design, siting and screening. Care should be taken to avoid interference with any similar broadcast use and in no event shall the tower be located in any airport approach zone. The tower shall be constructed in a manner that will make it inaccessible for unauthorized persons to climb.
(1992 Code, App. F, § 19.12) (Ord. 10-06, passed 1-23-2006)
AMENDMENTS TO THE REGULATIONS
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