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Please refer to Attachment 5 for the completed balloon test and photo <br />simulation report prepared by the applicant for this project. <br />d. Concerns were expressed that telecommunication facilities are not appropriate <br />for development within the Rural Buffer (RB) zoning district due to its <br />intent/purpose of only allowing low intensity development in an effort to <br />maintain the rural aesthetic of the area. <br /> STAFF COMMENT: Per Section 5.2.1 Table of Permitted Uses of the UDO <br />telecommunication facilities are a permitted use of property within the RB <br />zoning district subject to the issuance of a special use permit. There are <br />existing telecommunication facilities within the RB zoning district, the <br />majority of these reviewed and acted upon through this very process. <br />9. Attachment 4 of this abstract contains comments from various County departments on <br />the proposal. <br />10. Review of SUP applications are carried out in a quasi-judicial format meaning decisions <br />relating to the approval or denial of an application are based solely on the sworn <br />testimony of all parties involved with the case, both those for and against an application, <br />as well as the review of the competent material and substantial evidence submitted into <br />evidence during the public hearing. <br />11. The applicant has the burden of establishing, by the submission of competent material <br />and substantial evidence, the existence of facts and conditions that demonstrate the <br />projects compliance with the various requirements and standards detailed within the <br />UDO. <br />Those opposing approval of the application shall have the burden of establishing, also <br />through the submission of competent material and substantial evidence, the specific <br />manner in which the proposal does not satisfy the requirements for approval of the <br />application. <br />12. As previously indicated the Board of Adjustment shall render a decision only on the <br />sworn testimony of all parties and on the competent material and substantial evidence <br />submitted during the hearing relating to the approval or denial of the application. <br />13. Per Section 2.25.4 of the UDO every decision of the Board of Adjustment shall be subject <br />to review at the request of any aggrieved party by the Superior Court by proceedings in <br />the nature of certiorari. Appeals have to be submitted with the Superior Court within 30 <br />days of the availability of notice of decision as detailed within 2.12.5 of the UDO. <br />14. If approved, staff is recommending the imposition of several conditions as detailed within <br />Attachment 3. <br /> <br />123