2009-11-06 TPDtele - Laserfiche WebLink

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And I also just want to add that we overlooked another portion of the Zoning Code. There are actually about four sections that talk about telecommunication towers. And so we would want to amend one more section along with this, this bill that’s transmitted to Council. This is Section 25-2-61, No. 11. And currently it reads that a use permit is required for telecommunication antennas and towers in the RS, RD, R and RCX zoned districts, and then we would just want to add the RA, the SA, the Ag, A, and IA districts to that. Are there any questions? WOODWARD: Madam Director. LEITHEAD TODD: This is basically as a result of some State legislation which occurred which the prior Planning Director did not think impacted our County Code. Upon reviewing it and checking with the other counties and looking at the language of the State legislation and also conferring with Corporation Counsel in fact it did impact and basically legalized telecommunications towers in State Ag lands without getting any kind of a Use Permit from the County. And while, you know, we have not officially taken that position, this is meant to take care of that in the event that somebody were to contest and say that they could just build it without a permit. This would require at least a use permit; and then that gives us the opportunity to review, as well as the neighboring property owners an opportunity to come in and list any objections that they may have. Otherwise, without this legislation there is a possibility that a telecommunications provider could go ahead, build something and say that they didn’t need a special permit; and then it’s a strong likelihood that they would prevail in court. WOODWARD: Thank you. Commissioner Domingo? DOMINGO: Thank you, Mr. Chairman. Since we’re addressing telecommunications antennas, and I think this item has come up for the sole purpose as emphasized by the Planning Director, can we address the issue of residential areas? LEITHEAD TODD: Well, that’s why we’re adding all of this in, is basically there are different types of residential uses that weren’t necessarily included when we looked at that and we looked at the fact that Family Ag and, you know, some of these areas are more like residential, but we expanded it. And we’re basically trying to say that anywhere you want to put it in you’ve got to come in and get some kind of a use permit from us. With the exception of the first set, I’m sorry, okay, in Resort and Commercial areas it’s permitted. Okay? It’s going to need a Use Permit in the Residential and Agricultural and Rural areas. WOODWARD: Commissioner Iwashita. DOMINGO: Mr. Chairman? WOODWARD: Oh, yes. DOMINGO: Can you just omit having telecommunication antennas in Residential properties? 2 EXHIBIT C