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HomeMy WebLinkAboutC.054.93009_1083PROPOSED AMENDMENTS TOTEE IREDELL COUNTY ZONING ORDINANCE; SECTIONS 41., SS., 80.1, 80.3, 81. 2, 82.2, 93.1, 95.1 TRANSMISSION TOWERS: Mr. Lundy advised that recently there had been litigation about cellular towers. This type of tower is becoming very common. It was previously requested that the planning board "clean up" the language in the ordinance and put in place more stringent requirements on cellular towers located in residential districts. The proposed amendments are: Proposed Amendment 1: to modify Article IV, Section 41 to include the following definition: Transmission Tower. A structure, either freestanding, supported by guyvires, or attached to a building, and accessory equipment related to broadcast services, private radio services, cellular telephone services, and common carriers (as regulated by the federal Communications Commission), including AN, BM, two-way radio, television and cable antenna television transmission, and microwave transmission. This definition does not include electrical transmission distribution poles, towers, and lines, antennae of amateur (ham) radio operators (licensed by the BCC), satellite dishes, or structures not more than 751 in height. Proposed Amendment 2: to modify Article VIZI, Section 80.1 (R -A Residential -Agricultural District - Permitted Uses) to amend "Public works and public utility facilities" by the addition of "transmission towers (not including radio and television towers)." A further amendment is the deletion of reference to "transmission lines" and to "essential" services so the planning staff would not be charged with determining if the facilities are "essential to the service of the area." To read as follows: Public works and public utility facilities, such as sewage treatment plants, water treatment/filter plants, power generating plants, transformer stations, pumping stations, water towers, sanitary landfills, telephone exchanges, and transmission towers (not including radio and television towers), provided, a. Transmission towers shall be set back at least half the length of the tower from all property lines and rights-of-way; b. In the case of transformer stations, pumping stations, water towers, and telephone exchanges, no vehicles or materials shall be stored on the premises, and no offices shall be permitted; c. All buildings shall be setback at least twenty (20) feet from all property lines and shall be designed and landscaped with a buffer strip (41.6) in such a way as to blend in with surrounding area; d. All structures shall be enclosed by a chain link fence at least eight (9) feet in height. Proposed Amendment 3: to modify Article VIII, Section 80.3 (R -A Residential -Agricultural District - Special Exceptions) and Section 81.2 (R -R Resort Residential District - Special Exceptions) by the addition of "Radio and television towers." To read as follows: Radio and television towers, provided: a. Radio and television towers shall be set back at least half the length of the tower from all property lines and rights- of-way; b. No vehicles or materials shall be stored on the premises, and no offices shall be permitted;