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Agenda 06-03-2025; 5-c - Unified Development Ordinance Text Amendments – Telecommunication Facilities Standards
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Agenda 06-03-2025; 5-c - Unified Development Ordinance Text Amendments – Telecommunication Facilities Standards
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BOCC
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6/3/2025
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Business
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Agenda
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5-c
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60 <br /> DRAFT <br /> 324 accurate representation? We need to say it's for everything or we need to say the reason we're <br /> 325 calling this out is because of statutes. <br /> 326 <br /> 327 Charity Kirk: I'm just unclear. I'm trying to understand. I feel my comments are nit-picky like I said, and this is <br /> 328 something I didn't understand, so as long as you all are clear. <br /> 329 <br /> 330 Chris Johnston: But I'm not sure, because from Perdita I heard 30 days and now I'm hearing 180 days, plus 30 <br /> 331 days, so I'm not sure it is 100 percent. Sorry. Cy. <br /> 332 <br /> 333 Cy Stober: Yeah, I think I can help. So, 5.10. 6 is about cessation. So,that's the operations of the facility as a <br /> 334 use. We would then go to Subsection 7 you can have abandonment,which means that the owner <br /> 335 has completely abandoned a structure and its operations. Perhaps even abandoned the vendors <br /> 336 who are using that structure. Those are separate things. 5.10.8 would be our next plinko down <br /> 337 from 5.10.6 where we go from cessation of operations to removal and that's the enforcement on <br /> 338 their end. We have the 180-day for small micro wireless there, but there's the 30-day notice of <br /> 339 abandonment and then to Mr. Benshoffs comment abatement is empowered to the county. So, <br /> 340 that means that we can order the demolition and we can place an assessment on the property or <br /> 341 even take other legal actions to assess the owner of the facility. So, in Subsection B, Item B,the <br /> 342 county's empowered to abate the use, so, more immediately within 30 days to Perdita's point,then <br /> 343 personal micro wireless facilities. So, the empowerment's there. It is worded less directly, but it's <br /> 344 all there. <br /> 345 <br /> 346 Charity Kirk: Thank you. That was what I wanted to know. <br /> 347 <br /> 348 Cy Stober: To give you the big picture,we've only had two decommission sites, towers in 12 years and in <br /> 349 both instances the property owner didn't like the deal they had with the tower provider. They <br /> 350 terminated the lease. The tower provider immediately said we're taking this thing down and then <br /> 351 new tower providers said well, I'm going to move in right next to it and under the provisions <br /> 352 reconstructed a new tower. <br /> 353 <br /> 354 Charity Kirk: So, is now a good time to make amendments? <br /> 355 <br /> 356 Lamar Proctor: Well, I would just say I think this is dangerous territory just as an attorney because this is a very <br /> 357 specialized area. <br /> 358 <br /> 359 Charity Kirk: I have a grammatical amendment. <br /> 360 <br /> 361 Lamar Proctor: Sure, a grammatical amendment, sure. <br /> 362 <br /> 363 Charity Kirk: But I also have a few more questions that I might as well do. You mentioned under 5.10.2.(1).(4), <br /> 364 facility should contain a sign no larger than 4 feet square to provide adequate notification to <br /> 365 people in the immediate area of the presence of RF radiation or to control exposure to RF <br /> 366 radiation within a given area. Like does that mean the sign could be 2 inches? Because there's <br /> 367 no minimum set. But are there expectations for signs being big enough?The Feds take care of <br /> 368 that, Miss Kirk. <br /> 369 <br /> 370 Charity Kirk: Okay. This is my first. <br /> 371 <br /> 372 Albert Benshoff: No, I mean it, it's very confusing, it's very technical. There's no problem with your questions. <br /> 373 There's how much do you copy; how much do you repeat from what the FCC says and how long <br /> 374 do you make it. The county has an interest in not letting people put a Drink Coca Cola sign on <br /> 375 their cell tower that's 100 square feet. <br /> 376 <br /> 377 Charity Kirk: And this is a bad result of just trying to clarify. <br />
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