§ 155.114 SPECIAL USE PERMITS; REVIEW; COMMUNICATION SERVICES.
   The uses listed under the various districts herein as special permit uses are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses make it desirable that they may be permitted to locate therein. The following procedure is established to integrate property into special permit uses with other land uses located in the district:
   (A)   Review process; notice; hearing. These uses shall be reviewed and authorized or rejected under the following procedures:
      (1)   An application shall be filed with the Town of Wellston planning commission for review. The application shall show the location or intended use of the site, the names of all the property owners and existing land uses within 300 feet and any other material or information pertinent to the request which the planning commission may require.
      (2)   Notice shall be published and mailed to property owners at least seven days before the hearing.
      (3)   The planning commission shall hold one or more public hearings thereon.
      (4)   The planning commission shall, within 45 days of the date of the application, transmit to the Town board its report as to the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utilities, and other matters pertaining to the general welfare, and the recommendation of the planning commission concerning the use thereon. Thereupon, the Town board may authorize or deny the issuance of a permit for the use ofland or buildings as requested.
   (B)   Filing fee. Fees for the filing of a special use permit application shall be set by motion or resolution of the Town board.
   (C)   Communication services; towers; cellular telephone, radio and television. The following criteria are established for each use subject to review before issuance of a special permit:
      (1)   Districts. Eligible in A-1, A-2, C-2, C-3, industrial.
      (2)   Height and anchors.
         (a)   Any tower anchored to the ground which is proposed to extend to a height of over 50 feet.
         (b)   Any tower attached to a building which is proposed to reach a height over 20 feet above the roofline of the building.
      (3)   Standards for ground anchored towers.
         (a)   Towers and antennas shall be located on a site so as to provide a minimum distance equal to 110 percent of the height of the tower from all property lines; provided, however, that the council may modify this requirement where tower design will assure that a collapsing tower will fall within a smaller area.
         (b)   All tower supports and peripheral anchors shall be located entirely within the boundaries of the property and shall not be less than five feet from the property line.
         (c)   A wall or chainlink fence not less than eight feet in height from finished grade shall be provided around any high voltage equipment.
            1.   Access shall be through a locked gate;
            2.   Signs shall be located every 20 feet, attached to the fence or wall, and shall display in large bold letters the following:
            HIGH VOLTAGE - DANGER
         (d)   Equipment, mobile or immobile, that is not necessary for direct support of the use, shall not be stored or parked on the site unless repairs to the facility are being made, or unless the zoning district permits such a use.
(Ord. 2022-11-01, passed 11-10-2022)