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BC 2004 05 17
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BC 2004 05 17
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3/9/2006 10:14:17 PM
Creation date
8/2/2004 2:57:43 PM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
5/17/2004
Board
Board of Commissioners
Meeting Type
Regular
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May 17, 2004 Page ' 459 <br /> <br />least $5,000.00. Such additional escrow funds shall be deposited with <br />the County before any further action or consideration is taken on the <br />Application. In the event that the amount held in escrow by the County <br />is more than the amount of the actual invoicing at the conclusion of <br />the project, the remaining balance shall be promptly refunded to the <br />Applicant. <br /> <br />C) The total amount of the funds needed as set forth in subsection (B) of <br /> this section may vary with the scope and complexity of the project, the <br /> completeness of the Application and other information as may be needed <br /> to complete the necessary review, analysis and inspection of any <br /> construction or modification. <br /> <br />Section 15. Exceptions from a Conditional <br />Telecommunications Facilities. <br /> <br />Use Permit for Wireless <br /> <br />A) No Person shall be permitted to site, place, build, construct, modify <br /> or prepare any site for the placement or use of, Wireless <br /> Telecommunications Facilities as of the effective date of this <br /> Ordinance without having first obtained a Conditional Use Permit for <br /> Wireless Telecommunications Facilities. Notwithstanding anything to the <br /> contrary in this section, no Conditional Use Permit shall be required <br /> for those non-commercial exceptions noted in the definition of Wireless <br /> Telecommunications Facilities. <br /> <br />B) All Wireless Telecommunications Facilities existing on or before the <br /> effective date of this Ordinance shall be allowed to continue as they <br /> presently exist, provided however, that any visible modification of an <br /> existing Wireless Telecommunications Facility must comply with this <br /> Ordinance. <br /> <br />Section 16. Public Hearing and Notification Requirements. <br /> A) Prior to the approval of any Application for a Conditional Use Permit for <br /> a new tower, a public hearing shall be held by the County, notice of <br /> which shall be published in the official newspaper of the County no less <br /> than ten (10) calendar days prior to the scheduled date of the public <br /> hearing. In order that the County may notify nearby landowners, the <br /> Application shall contain the names and address of all landowners whose <br /> property is located within fifteen hundred (1500) feet of any property <br /> line of the lot or parcel on which the new Wireless Telecommunications <br /> Facilities are proposed to be located <br /> <br />B) There shall be no public hearing required for an application to co-locate <br /> on an existing tower or other structure, as long as there is no proposed <br /> increase in the height of the Tower or structure, including attachments <br /> thereto. <br /> <br />C) The County shall schedule the public hearing referred to in Subsection <br /> (A) of this section once it finds the Application is complete, the <br /> County, at any stage prior to issuing a Conditional Use Permit, may <br /> require such additional information as it deems necessary. <br /> <br />Section 17. Action on an Application for a Conditional Use Permit for <br />Wireless Telecommunications Facilities. <br /> A) The County will undertake a review of an Application pursuant to this <br /> Article in a timely fashion, consistent with its responsibilities, and <br /> shall act within a reasonable period of time given the relative <br /> complexity of the Application and the circumstances, with due regard <br /> for the public's interest and need to be involved, and the Applicant's <br /> desire for a timely resolution. <br /> <br />B) The County may refer any Application or part thereof to any advisory or <br /> other committee for a non-binding recommendation. <br /> <br />C) After the public hearin9 and after formally considering the <br /> Application, the County may approve, approve with conditions, or deny a <br /> Conditional Use Permit. Its decision shall be in writing and shall be <br /> supported by substantial evidence contained in a written record. The <br /> burden of proof for the grant of the permit shall always be upon the <br /> Applicant. <br /> <br />D) If the County approves the Conditional Use Permit for Wireless <br /> Telecommunications Facilities, then the Applicant shall be notified of <br /> such approval in writing within ten (10) calendar days of the County's <br /> action, and the Conditional Use Permit shall be issued within thirty <br /> (30) days after such approval. Except for necessary building permits, <br /> <br /> <br />
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