HomeMy WebLinkAboutCity/County Planning Board Minutes 09.10.1998MINUTES
• CITY-COUNTY PLANNING BOARD
September 10, 1998 7:20 p.m.
Council Chambers
MEMBERS PRESENT: John Smith, Chairman
Gerald Shay, Member-at-Large
Tom Robertus, County Rep.
Betty Hart, County Rep.
Ziggy Ziegler, County Rep.
Clarence Foos, County Rep.
OTHERS PRESENT: Cal Cumin, City Planner
Cheryll Lund, City Secretary
Others in audience
Motion by Clarence Foos, second by Betty Bart, to approve the
minutes of the July and August 1998 meetings. Motion carried.
Motion by Gerald Shay, second by Clarence Foos, to approve a
bill for 5200 for administrative services, and $50 for a map for
Cal. Motion carried.
The Planning Board was adjourned and the Zoning Commission reviewed
• the following applications:
Svecial Review. Sabine and Gordon Sieber - 412 Montana Avenue.
Proponents: Sabine and Gordon Bieber bought the house at 412
Montana and want to have a daycare for up to 12 children that will
be licensed through the State of Montana. They will be employing
one other full time employee.
Sabine attended a class in regards to state licensing of daycare
facilities and has all of her paperwork filled out for obtaining
the state license. She will send it in to the state once the
special review is approved by the City.
There were no opponents present.
Discussion by members of commission.
Cal recommends approval of the special review subject to the
Biebers getting state licensing for the facility.
Motion by Gerald Shay, second by Tom Robertus, to recommend
approval of the special review for Sabine and Gordon Bieber for a
daycare facility at 412 Montana, subject to the Bieber's being
licensed through the State of Montana. Motion carried.
• 1
Tim Weidlich spoke regarding the application for building a new
church in a residential zone.
At this time he has 180 active members at the Grace Bible Church.
They have outgrown their facility at 20 2nd Avenue. They are
proposing to build a new church in 2 phases. The first phase will
allow a facility for 250 to 300 people. The second phase will
bring the church up to a maximum capacity of 500 people.
The proposed church will be on a tract of land located at the
corner of Washington Avenue and E. Maryland Lane. The parcel is
4.99 acres and is zoned residential.
A sketch of the proposed church was presented (see attached). Mr.
Weidlich stated that this drawing may not be exactly what the final
building will look like, but it will tentatively be placed as the
drawing shows with 2 accesses off of E. Maryland and 1 access off
of Washington Avenue. They will have adequate landscaping and
parking facilities.
Sewer lines were discussed.
Larry McCann spoke regarding this issue and told the board that the
City will want a binding agreement with the church that the sewer
line will be considered a private line and it will be the church's •
responsibility to maintain it and do any repairs. He also stated
that the issue of storm water containment will have to be discussed
between the City and the City Planner. The property naturally
drains to the southeast.
There were no opponents to this proposal.
Cal recommends preliminary approval of this application, subject to
the Planning Board reviewing a detailed plan when the church has a
final plan.
Motion by Gerald Shay, second by Tom Robertus, to recommend a
preliminary approval for Grace Bible Church to building a church on
the 4.99 acre tract of land, general location being the corner of
E. Maryland and Washington Avenue. Motion carried.
Preliminary Plat- Rossmoor Subdivision.
Jim Worthington presented the preliminary plat for Rossmoor
subdivision owned by the Kukes. The general location is off of
Highway 10 between Golf Course Road and W. 4th Street.
The 114 acres is being split into 3 large tracts. At this time it
is zoned agricultural.
2
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Discussion on easements, access and utilities.
Cal stated that Jim needed to provide a topal of the property,
drainage and proposed utilities.
Cal recommended approval subject to: 1) a 1 foot no access strip
be placed along Highway 10 for lots 2 & 3 and; 2) one entrance be
allowed into lot 1 with the remaining footage having a 1 foot no
access on Highway 10.
Discussion on whether or not an arterial is in place on this
property through the Master Traffic Plan for Laurel. Cal will
check on this and get with the Larry McCann and Jim Worthington
regarding this issue.
Motion by Gerald Shay, second by Betty Hart, to recommend
approval of Rossmoor preliminary plat, subject to the conditions
that Cal stipulated above. Motion carried.
Motion by Gerald Shay, second by Clarence Foos, to recommend
that no second public hearings be held by the City Council on the
special reviews for both Sabine and Gordon Bieber and Grace Bible
Church. Motion carried.
Motion by Tom Robertus, second by Gerald Shay, to recommend
that the City Council adopt ordinances for Telecommunications
Towers and Antennae as submitted (see attached). Motion carried.
The meeting was adjourned at 8:05 p.m.
Respectfully submitted,
Chery 1 Lund, Secretary
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City of Laurel
• LAUREL, MONTANA 59044 p~ANNING BOARD
DEPARTMENT
APPLICATION FORM
The undersigned as owner or agent of the following described
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City of Laurel
LAUREL, MONTANA 59044 pGANNING BOARD
DEPARTMENT
• APPLICATION FORM Y217jwy rq ~
The undersigned as owner or agent of the following described
property requests a Special Review as outlined in the City
Zoning Ordinance:
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CHAPTER 17.21
TELECOMMUNICATIONS TOWERS AND ANTENNAE
Sections:
17.21.010 Intent
17.21.020 Standazds for Amateur
17.21.030 Standards for Telecommunications Antennae and Towers
17.21.010 Intent:
This section is established to regulate the placement of telecommunications towers
and antennae within the Laurel zoning jurisdictional area.
TITLES AND R7500 R6000 RLMF RMF RMH PUD RT SR
DESCRIPTIONS OF
INDUSTRIES
SR -SPECIAL
REVIEW
A- ALLOWED
Amateur Radio Tower
100 feet or less in
height A A A A A A A A
Towers Greater
than 100 feet in
Height SR SR SR SR SR SR SR SR
Broadcasting (Radio and
Television) Stations, Including
any related towers, antennae
and dishes
Commercial Communication
Towers and Dishes
(Excluding Amateur
Radio Towers, Radio
and Television
Broadcasting)
1
Camouflaged
towers/antermae
Towers 50 feet or
less in height
Towers Greater
than 50 feet in
height
Tower Farms
A A A A A A A A
Section 17.21.020 Standards For Amateur Radio Towers.
A. Definitions. For the purposes of this section, the terms used shall be defined as
follows:
1. Amateur Radio Tower: aground-, building- or tower-mounted antenna
operated by a federally licensed amateur radio operator as part of the Amateur Radio
Service and as designated by the Federal Communications Commission (FCC).
2. Antenna/Tower Height: The vertical distance measured from the base of
the antenna support structure at grade to the highest point of the structure. If the support
structure is on a sloped grade, then the average between the highest and lowest grades
shall be used in calculating the antenna height.
B. General Provisions. All amateur radio towers shall comply with the following
requirements:
I . Amateur radio towers shall be located only within the rear yazd and shall
not be placed within any required setback and shall be located so as to minimize their
impact on adjacent residential properties and adjacent rights-of--way while maintaining
acceptable signal quality.
2. Amateur radio towers exceeding six (6) feet in height above grade (if
ground-mounted) or above the roof or ridge of the building on which they aze located (if
building-mounted), shall require a building permit. With each building permit, the
applicant shall submit evidence as is required to show that the device is adequately
anchored, designed and/or constructed so as to safeguard the general public and/or
adjacent property from damage in the event of failure of the device.
i
• 3. It is recommended that amateur radio towers be designed, installed, and
maintained so as to blend into the surrounding environment through the use of color and
camouflaging, except in instances where the color is dictated by the FAA.
4. In accordance with the FCC's preemptive ruling PRB 1, towers erected for
the primary purpose of supporting amateur radio antennae may exceed the height
limitations of the underlying zoning.
5. Attachments to amateur radio towers, such as guy wires, shall not cross
any property line or any existing or proposed easement.
6. No lighting shall be permitted on any amateur radio towers except as
mandated by the FAA.
7. No signage, other than required warning signs, or displays of any type shall
be permitted on any amateur radio tower.
TITLES AND
DESCRIPTIONS OF
INDUSTRIES AG RP NC CBD CC HC LI
SR -SPECIAL REVIEW
A- ALLOWED
48 Communications
HI P
Offices only A A A A A A A A A
Amateur Radio Towers:
100 feet or less in
height A A A A A A A A A
Greater than 100
feet in Height A A A A A A A SR P
Broadcasting (Radio and Television)
Services:
Stations and studios SR SR SR A A A A A A
3
Towers which meet the
height restrictions for
buildings for zone SR SR SR A A A A A A
Towers exceeding the
maximum height for
buildings in zone or exceed
50 feet in height,
whichever is less SR SR SR SR SR SR SR A SR
Commercial Communication Towers and Dishes
(Excluding Amateur Radio Towers, Radio, and Television
Broadcasting):
Camouflaged towers/
antennae A A A A A A A A A
Towers 50 feet or less
in height SR SR SR A A A A A A
Towers Greater than
50 feet in height SR SR SR SR SR SR SR A SR
Tower Fazms SR SR SR A SR
Dishes over 12' in
diameter A SR SR A A A A A SR
Section 17.21.030 Standards for Telecommunications Autennae and Towers
A. Purpose.
The purpose of this section is to establish regulations for the siting of towers and
antennae on public and private property. The goals of this section are to:
1. encourage the location of towers innon-residential areas and minimize the
total number of towers throughout the community;
2. strongly encourage the joint use of new and existing tower sites;
3. require users of towers and antennae to locate them, to the extent possible,
in areas where the adverse impact on the community is minimal;
4
• 4. require users of towers and antennae to configure them in a way that
minimizes the adverse visual impact of the towers and antennae; and
5. enhance the ability of the providers of telecommunications services to
provide such services to the community, as quickly, effectively, and efficiently as possible.
B. Definitions.
Abandoned Towers: Any antenna or tower that is not utilized for the provision of
telecommunications services for a continuous period of six (6) months shall be considered
abandoned.
Alternative/Camouflaged Tower Structure: Man-made trees, clock towers, bell steeples,
light poles and similar alternative-design mounting structures that camouflage or conceal
the presence of antennae or towers.
Antenna: Any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including but not limited to directional antennae, such as panels,
microwave dishes, and satellite dishes, and omni-directional antennae, such as whip
antennae but not including satellite earth stations.
Antenna/Tower Height: The vertical distance measured from the base of the antenna
. support structure at grade to the highest point of the structure. If the support structure is
on a sloped grade, then the average between the highest and lowest grades shall be used in
calculating the antenna height.
Antenna or Tower Farm: An antenna or tower farm is a tract of land which contains
three (3) or more towers within 750 linear feet of each other. Legal tracts must be
adjacent to each other to be included in this definition.
Co-location: The use of a telecommunications facility by more than one
telecommunications provider.
Commercial Telecommunications Services: Licensed commercial wireless
telecommunication services including cellular, personal communication services (PCS),
specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR),
paging, and similar services that aze marketed to the general public.
Communications Tower: Any structure that is designed and constructed primarily for
the purpose of supporting one or more antennae for telecommunications services,
including self-supporting lattice towers, guyed towers, or monopole towers. The term
includes radio and television transmission towers, microwave towers, common-cazrier
towers, cellular telephone towers, alternative tower structures, and the like. The term
includes the structure and any support thereto.
Equipment Enclosure: A structure, shelter, cabinet, or vault used to house and protect the
electronic equipment necessary for processing wireless communication signals.
Associated equipment may include air conditioning, backup power supplies, and
emergency generators.
FAA: Federal Aviation Administration
FCC: Federal Communications Commission
C. Applicability.
All towers or antennae located within the City of Laurel and/or the zoning
jurisdiction area whether upon private or public lands shall be subject to this ordinance.
This ordinance shall apply to towers and antennae upon state and federal lands to the
extent of the City's jurisdiction by way of law, pursuant to any memoranda of
understanding or otherwise. Orrly the following facilities shall be exempted from the
application of this ordinance:
Amateur radio stations and towers.
2. Broadcast towers for radio and television.
3. Pre-existing towers or antennae. Pre-existing towers and pre-existing
antennae shall not be required to meet the requirements of this ordinance/resolution, so
long as said pre-existing towers had received all required approvals, permits, and
exceptions prior to adoption of this ordinance.
D. Commercial Towers Located in Residential Zoning Districts.
1. Towers shall be permitted as an allowed use in all residential zoning
districts provided the tower meets all of the following criteria:
a) Towers supporting commercial antennae conforming to all
applicable provisions of this Code shall be permitted as an allowed use only in the
following locations: church, school, utility, and government sites, when camouflaged as
steeples, bell towers, clock towers, or similar structures.
2. Towers shall be permitted in the AG zoning district provided the following
conditions and all applicable setback, lot coverage, and building (commercial equipment
enclosures) height requirements are met;
a) Towers supporting commercial antennae conforming to all applicable
provisions of this Code shall be permitted as an allowed use only in the following
locations:
6
1) Church, school, utility, and government sites, when
camouflaged as steeples, bell towers, clock towers, or similar structures.
2) Commercial towers fifty (50) feet or less in height.
b) Commercial towers which are greater than fifty (50) feet in height
shall be required to obtain special review approval.
c) Tower farms are permitted by special review.
E. Towers Located in Commercial Zoning Districts.
1. Towers shall be permitted as an allowed use in all commercial zoning
districts provided the tower meets all of the following criteria:
a) Church, school, utility, and government sites, when camouflaged as
steeples, bell towers, clock towers, or similar structures.
b) When co-located on an existing tower which has previously
received all required approvals and permits, and meets the provisions and requirements of
these regulations.
2. Towers located in Agricultural (AG), Residential Professional (RP) and
Neighborhood Commercial (NC) that do not meet the requirements of Section E(1) shall
be required to obtain special review approval.
3. Towers located in Community Commercial (CC), Highway Commercial
(HC), Light Industrial (LI), Central Business District (CBD), and Public (P) zoning
districts shall be permitted as an allowed use provided that the towers meet the
requirements of Section E.1, or:
a. Commercial towers located on the roof of any existing structure
shall be permitted as an allowed use.
b. Commercial towers fifty (50) feet in height or less shall be
permitted as an allowed use.
a Commercial towers which are greater than fifty (50) feet in height
shall be required to obtain special review approval.
d. -Tower farms are permitted by special review, except in the CBD
zoning district.
5. All commercial towers located in Heavy Industrial (HI) shall be permitted
as an allowed use, including tower farms.
F. Commercial Towers Located in Parks.
The presence of certain communications antennae or towers represents a potential
conflict with the purpose of City and County owned parks. In no case shall towers be
allowed in any designated conservation areas. Communications antennae or towers will be
considered only in the following parks after the recommendation of the Parks Committee
of the City Council or the County Board of Parks Commissioners, and the City Council or
the County Commission. The following criteria shall be taken into consideration for
approval of communications antennae or towers in parks:
1. Public parks of a sufficient scale and character that are adjacent to an
existing commercial or industrial use;
2. Commercial recreation areas and major playfields; and,
3. Park maintenance facilities.
G. General Requirements.
The requirements set forth in this section shall govern the location and
construction of all telecommunications facilities governed by this ordinance.
1. Building Codes and Safety Standards. To ensure the structural integrity
of telecommunications facilities, the owner of a telecommunications facility shall ensure
that it is maintained in compliance with standards contained in applicable local building
codes and the applicable standards for such telecommunications facilities, as amended
from time to time.
2. Regulatory Compliance.
All telecommunications facilities must meet or exceed current standards and
regulations of the FAA, the FCC, and any other agency of the state or federal government
with the authority to regulate telecommunications facilities governed by this ordinance
shall bring such telecommunications facilities into compliance with such revised standards
and regulations within the date established by the agency promulgating the standards or
regulations.
Setbacks:
a. Commercial towers adjacent to residential uses or zoning. Towers
must be set back, from all property lines, a distance equal to the height of the tower from
any off-site residential structure or residentially zoned lot. Accessory structures must
• maintain a minimum of a fifteen (IS) foot setback frock any lot line adjacent to a
• residential structure or residentially zoned lot, or the required setback of the zoning
district where the tower is located, whichever is greater.
b. Commercial zoning setbacks. Towers and accessory facilities must
meet the minimum yazd setback requirements, including arterial setbacks, for the zoning
district in which they are located.
4. Lot coverage and height: Towers and accessory structures shall riot exceed
lot coverage requirements for the zoning district in which they are located. Accessory
structures shall not exceed the height restrictions for the zoning district in which they are
located.
Fencing and Buffering.
a. Fencing. A chain link or solid wood fence, or masonry wall at least
six (6) feet in height (eight (8) feet if razor or barbed wire is to be used) shall be
constructed and maintained around the perimeter of the tower site. Climb-proof shields
can be substituted for a fence or wall around the tower.
b. Landscaping adjacent residential uses and/or residential zoning. For
facihties located in a residential zoning district, adjacent to a residential use, or adjacent
to a,residentially zoned parcel the following will be required: a combination of hedges (firs
or other fast-growing plants) and/or evergreen trees, at beast four (4), feet in height when
planted, shall be planted and maintained around the perimeter of the tower site and spaced
close together to provide a continuous visual screen. Shrubs shall also be planted and
maintained around the guy anchors for visual screening purposes.
c. .Commercial landscaping. For all other facilities located in
commercially or industrially zoned district, the landscaping requirements in Laurel
Municipal Code, Section 17.40.130 shall apply.
6. Lighting. Antenna towers shall not be artificially lighted unless required by
the FAA or other state or federal agency. If safety lighting is required by the FAA, the use
of red beacons is preferred to flashing strobe lights. Security lighting on site maybe
mounted up to twenty (20) feet high on the tower, and shall be directed towards the
ground to reduce light pollution, prevent off-site light spillage, and avoid illuminating the
tower. It is recommended that cut-off lighting be used. When incorporated into the
approved design of the facility, light fixtures used to illuminate sports fields, pazking lots,
or similar areas may be included in the facility.
7. Signage. Signage shall be limited to non-illuminated warning and
equipment identification signs.
• 8. Co-location.
a. Any proposed tower shall be designed in all respects to accommodate
both the applicant's antennae and comparable antennae for at least two (2) additional
users if the tower is over one hundred (100) feet in height or for at least one (1)
additional compazable antennae if the tower is between fifty (50) feet and one
hundred (100) feet in height.
b. All new antennae must co-locate on existing towers or structures
unless the provisions of Section K(10) of these regulations are met.
9. Maintenance.
a. Equipment at a transmission facility shall be automated to the
greatest extent possible to reduce traffic and congestion. Where the site abuts or has
access to a collector or local street, access for maintenance vehicles shall be exclusively by
means of the collector or local street.
b. All property used for the siting of a commercial telecommunications
tower or antenna shall be maintained, without expense to the city and/or county, so as to
be safe orderly, attractive, and in conformity with city and/or county codes including those
regazding the removal of weeds and trash.
10. Visual Impact/Aesthetics.
a. Telecommunications facilities shall either maintain a galvanized
steel finish or, subject to any applicable standazds of the FAA or other applicable state or
federal agency, be painted a neutral color or painted and/or textured to match the existing
structure so as to reduce visual obtrusiveness.
b. If an antenna is installed on a structure other than a tower, the
antenna and associated electrical and mechanical equipment must be of a neutral color that
is identical to, or closely compatible with, the color of the supporting structure so as to
make the antenna and related equipment as visually unobtrusive as possible. Roof-
mounted antennae shall be made visually unobtrusive by screening to match existing air
conditioning units, stair, elevator towers or other background.
c. Where feasible, telecommunications facilities should be placed
directly above, below or incorporated with vertical design elements of a building to help in
camouflaging.
d. Telecommunications facilities shall not be placed in a direct line of
sight with historic or scenic view corridors as designated by the Laurel City Council or the
• Yellowstone County Commission, or by any state or federal law or agency.
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11. Tower Separation. All commercial telecommunications towers over fifty
(50) feet in height, regazdless of the zoning district in which the tower is located, shall be
located at least one (1) mile from any other commercial telecommunications tower.
Towers located within an approved tower farm shall be excluded from this requirement.
H. Nonconforming Telecommunications Facilities. Telecommunications towers
and/or facilities in existence on the date of the adoption of these regulations, which do not
comply with the requirements of these regulations (nonconforming towers) are subject to
the following provisions:
1. Nonconforming towers may continue their present use, but may not be
expanded without complying with these regulations, except as further provided in this
section.
2. Nonconfornng towers may add additional antennae (belonging to the
same carrier or other carriers) subject to review and approval by the Planning Board.
3. Nonconforming towers which are hereafter damaged or destroyed, by less
than fifty percent 50%, due to any reason or cause may be repaired and restored to their
former use, location, and physical dimensions subject to obtaining a building permit and
other necessary approvals thereof, but without otherwise complying with these
regulations. If a tower is destroyed or damaged by more than fifty percent (50%) the
tower must be brought into compliance with these regulations.
4. The owner of any nonconforming tower may replace and/or repair such
tower in order to improve the structural integrity of the facility, to allow the facility to
accommodate co-located antennae or facilities, or to upgrade the facilities to current
engineering, technological or communications standazds, without having to conform to the
provisions of these regulations.
I. Modifications to Existing Facilities or Pre-existing Facilities Wlrich Meet the
Requirements of These Regulations.
1. Minor modifications. Minor modifications to facilities permitted under
these regulations shall be approved by the Planning Department. Minor modifications are
as follows: the addition of no more than two (2) antenna arrays to any existing tower, so
long as; the addition of the antenna arrays add no more than twenty (20) feet in height to
the facility; an increase in height of the support structure which is no greater than ten
percent (10%). Co-locations of up to one (1) antennae array shall be considered a minor
modification.
2. Major modifications. Major modifications to towers permitted under
these regulations shall be approved through a Special Review. Major modifications aze
any that exceed the definition of minor modifications.
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• J. Abandonment. Communications facilities will be considered abandoned if they
are unused by all providers at the facility for a period of six (6) months. Determination of
abandonment shall be made by the Planning Board, which shall have the right to request
documentation from the facility owner regarding tower or antenna usage. Upon
abandonment, the facility owner shall have ninety (90)
days to:
re-use the facility, or transfer the facility to another owner who will re-use
it; or
2. dismantle the facility. If the facility is not removed within ninety (90) days
of abandonment, the City and/or County may remove the facility at the facility and/or
property owner's expense. If the facility is removed, City and/or County approval of the
facility will expire.
If the facility owner is unable to remove the facility within the ninety (90)
days due to unusual circumstances, the Planning Board may grant the facility owner an
additional ninety (90) days in which to comply with the requirements of this section.
K. Submittal Requirements. The applicant of a new telecommunications
tower/facility shall provide the following documentation for review by the Planning Board:
1. A map to scale showing the service area of the proposed
telecommunications facility and an explanation of the need for that facihty.
2. A map showing the locations and service areas of other
telecommunications facilities operated by the applicant and those that are proposed by the
applicant which are close enough to impact service within the Ciry/County.
3. A site/landscaping plan showing the specific placemeht of the
telecommunications facilities on the site; showing the location of existing structures, and
indicating type and locations of plant materials used to screen telecommunications facility
components and the proposed color(s) for the telecommunications facility.
4. Inventory of existing sites. Each applicant for one or more towers shall
provide to the Planning Board an inventory of its existing towers, including specific
information about the location, height, and design of each tower. The Planning Board
shall maintain an inventory of existing towers, including specific information about the
location, height, and design of each tower. The City may shaze such information with
other persons, organizations or governmental authorities seeking to locate antennae
within the City and/or County.
5. viability of suitable existing towers or other structures. No new tower
shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the
Planning Board that no existing tower or structure can accommodate the applicant's
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• proposed antenna. Evidence submitted to demonstrate that no existing tower or
structure can accommodate the applicant's proposed antenna may consist of any of the
following:
a. No existing towers or structures aze located within the geographic
area required to meet the applicant's engineering requirements.
b. Existing towers or structures are not of sufficient height to meet the
applicant's engineering requirements.
c. Existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related equipment and cannot be
reinforced to provide sufficient structural strength.
d. The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures, or the antenna on the
existing towers or structures would cause interference with the applicant's proposed
antenna.
e. The fees or costs required to share an existirg tower or structure or
to adapt an existing tower or structure for sharing are unreasonable. Costs below new
tower development aze presumed reasonable.
f. Property owners or owners of existing towers or structures are
unwilling to accommodate the applicant's needs.
g. The applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
L. Special Review Uses.
1. A request for a special review shall be initiated by application to the
Planning Board and handled in accordance with the special review procedure provided in
these zoning regulations. The Laurel City Council may issue special review approval
under these sections provided it shall have determined that all of the requirements of the
Section G of these regulations have been satisfied and, further, that the benefits of and
need for the proposed tower are greater than any possible depreciating effects and damage
to neighboring properties.
2. In granting special review approval, the Laurel City Council may impose
additional conditions to the extent determined necessary to buffer or otherwise minimize
adverse effects of the proposed tower or antenna on surrounding properties.
3. Expiration of Special Review Approval:
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a. A building permit must be applied for within one (1) year of a
special review approval and the project shall be completed within two (2) years from the
date the special review is granted by the City Council or County Commission. For the
purposes of these regulations, the term start of construction shall be defined as the
installation of a permanent foundation for the tower structure. The City Council may
grant up to two (2), six {6) month extensions of the period to start construction upon
written request by the applicant.
b. The City Council shall not approve an extension unless the
`development plan is brought into conformance with any relevant zoning regulations which
have been amended subsequent to the original approval and unless the applicant provides
adequate evidence that construction is able to begin within the time period sought. This
evidence shall include, but not be limited to, the acquisition of any or all required
government approvals and project financing. The City Council may as a condition of
approval of a special review establish the period of time such special review may remain in
effect.
c. Small increases in the height of existing towers approved by Special
Review may be approved by the Planning Board on an administrative basis provided:
1).. The increase in height is used to facilitate the co-location of
another communications provider on the same structure; and
2) The increase in the height of the tower structure is ten percent
(10%) or less.
M. Appeals. Appeals from any decision of the Planning Board may be taken by any
person aggrieved or any official of the City affected by the decision of the Planning Board.
Such appeal shall be to the City Board of Adjustment.
N. Nuisances. Telecommunications facilities, including, without limitation, power
source, ventilation and cooling, shall be operated at all times within the City noise
regulations, shall not be operated so as to cause the generation of heat that adversely
affects a building occupant and shall not be maintained or operated in such a manner as to
be a nuisance.
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