This article is designed and intended to balance the interests of the residents of the county, telecommunication providers and telecommunication customers in the siting of telecommunication facilities within the county so as to protect the health, safety, property values and integrity of viewshed property, and to foster, through appropriate use controls, a competitive environment for telecommunication carriers that does not unreasonably discriminate among providers of functionally equivalent personal wireless services, and shall not prohibit, or have the effect of prohibiting, the provision of personal wireless services, and so as to promote the county as a proactive county in the availability of personal wireless telecommunications service. To that end, this article shall:

(1)

Provide definition of preferred locations.

(2)

Provide definition of preferred configurations.

(3)

Minimize adverse aesthetic impacts in order to protect the natural viewshed of the county.

(4)

Avoid damage to adjacent property.

(5)

Maximize use of any new and existing telecommunication towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the county.

(6)

Encourage and promote the location of new telecommunication facilities in areas which do not at present have coverage.

(7)

Define application procedures.

(8)

Define procedure for obtaining a variance.

(9)

Define penalties for noncompliance.

(Ord. No. 02-2015, 6-9-15)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means any exterior apparatus designed to send and/or receive electromagnetic waves for telephonic, radio, television or personal wireless services. For the purposes of this article, this term does not include any tower and antenna which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission, the Civil Air Patrol (CAP) and any device designed only for over-the-air reception of radio or television broadcast signals.

Antenna farm means having more than one tower on a site.

Building official means the individual issuing building permits.

Governing authority means the commissioners of the county.

Micro-telecommunication facilities (MTCF) means antennae located on existing buildings, poles or other existing support structures, where the antennae do not project more than 20 feet above the top of the roofline, parapet or top of the structure, whichever is higher, and there are no more than 12 antennas per site.

Monopole tower means a telecommunications tower consisting of a single pole, constructed without guy wires, and constructed as a freestanding structure on which is located one or more antennae intended for transmitting and/or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication.

Telecommunications facilities (TCF) means antennae and towers, either individually or together, and any ancillary enclosure to house equipment located at the tower site.

Tower means a structure, such as a lattice tower, guy tower or monopole tower, constructed as a freestanding structure, on which is located one or more antennae intended for transmitting and/or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. This term includes microwave towers, common carrier towers and cellular telephone towers.

Viewshed means any property located in the county that derives all, or part, of its value from the scenic view provided by such property.

(Ord. No. 02-2015, 6-9-15)

The following shall be exempt from the provisions set forth in this article:

(1)

Any tower and antenna which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission.

(2)

Any civil air patrol base stations.

(3)

Any telecommunications facilities used for public purposes and located on property owned, leased or otherwise controlled by the county or any other governmental entity, provided, a license or lease authorizing the telecommunications facility has been approved by the commissioner.

(Ord. No. 02-2015, 6-9-15)

(a)

Preferred placement. Telecommunications facilities within the county shall be allowed as a use by right, subject to design, siting and engineering review, and shall meet the following requirements:

(1)

Collocation sites. Any existing telecommunications towers currently being used for transmitting and/or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication, and which sites are not in conflict with the provisions of this article as to location, engineering design and other criteria as set forth in this article, shall be a preferred location site; provided, however, that locations which meet the requirements of this subsection shall be subject to the design and siting components of this article and collocation sites shall not become an antenna farm or otherwise be deemed by the commissioner to be visually obtrusive.

(2)

Industrial and commercial sites. Wholly industrial and commercial structures, such as warehouses, factories, retail outlets, supermarkets, banks, garages or service stations shall be preferred locations, provided, such structures are at least 300 feet from any residential building, school, public park or playground or day care center. The distance to any property line or right-of-way from the tower must be at least equal to one times the height of the tower as measured from the base of the tower.

(3)

Privately owned site. Privately owned sites shall be preferred locations, provided, the tower is constructed at least 1,000 feet from any non-owned residential building, school, public park or playground or day care center where antenna damage or failure poses a risk to children. The distance to any property line or right-of-way from the tower must be at least equal to one times the height of the tower as measured from the base of the tower, and the tower shall not significantly impact the surrounding viewshed.

(4)

New towers. Any newly constructed tower shall be located in such a way as to protect the viewshed of the county. The following guidelines shall be enacted to assist the cell tower builder in placing a new tower within the county:

a.

If a cell tower is placed near or on the top of the highest point of a knoll, mountain, ridge, etc., then the height of the tower must be kept to an absolute minimum and still allow for co-use.

b.

Where feasible, towers shall be placed on the side of knolls, mountains, ridges, etc., so as to not be seen from all directions, and thereby limiting the viewshed impact.

(b)

Disfavored placement sites.

(1)

All sites not deemed as preferred sites as set forth in section 78-34 are considered as disfavored sites and a variance must be given by the county for construction on such a site.

(2)

Close proximity to any residential building, school, public park or playground, day care center or any site that significantly impacts the viewshed shall be a disfavored site and a variance must be given by the county for construction on such a site.

(c)

Preferred tower configuration. The preferred tower configuration for the county is a nonguyed monopole tower. Towers must be less than 200 feet in height, including any antennae or attachments, and shall not require lighting. Towers must be capable of supporting multiple antennae/cell service suppliers in order to limit the total number of towers located throughout the county, and thereby limiting the viewshed impact.

(Ord. No. 02-2015, 6-9-15)

(a)

In an attempt to limit the impact on the viewshed and aesthetics of the county, all tower owners must accommodate all cell service providers as long as their tower is deemed capable of supporting additional antennae. The rate charged to the cell service providers must be a fair market rate.

(b)

Favorable variance considerations will be given to all cell tower and cell service providers that provide cell service to the county in areas that are otherwise deemed market poor.

(Ord. No. 02-2015, 6-9-15)

The following requirements shall determine the location and construction of all telecommunications facilities governed by this article:

(1)

Building codes and safety standards. To ensure the structural integrity of telecommunications facilities, the owners of such facilities shall ensure they are maintained in compliance with standards contained in applicable federal, state and local building and safety codes for telecommunications facilities, as amended from time to time. Federal tower standards, as set forth in ANSI standard ANSI/TIA/EIA/222, must be adhered to.

(2)

Regulatory compliance. All telecommunications facilities must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), Federal Communications Commissioner (FCC) and any other agency of the state or federal government with the authority to regulate telecommunications facilities. If such standards and regulations are changed, to the extent required by any such regulations, then the owners of the telecommunications facilities governed by this article 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.

(3)

Security. All telecommunications facilities shall be equipped with an appropriate anti-climbing device, or other similar protective device, to prevent unauthorized access to the telecommunications facilities.

(4)

Lighting. Illumination is not permitted on telecommunications facilities, unless required by the FCC, FAA or other state or federal agency of competent jurisdiction, or unless such illumination is necessary for air traffic safety. Any required lighting shall be restricted to dual lights (medium intensity white strobe lights, daylight mode, and red obstruction lights, nighttime mode) unless the FAA or state aeronautics division requires another form of lighting.

(5)

Advertising. Advertising is not permitted on telecommunications facilities.

(6)

Contact information. Contact information shall be posted on the fence around the telecommunications facilities, and shall be easily read. Such contact information shall contain the following:

a.

Tower owner's/company's name, address and telephone number.

b.

Tower owner's contact person's name, address and telephone number.

c.

Site owner's name, address and telephone number.

d.

County permit number.

(7)

Viewshed impact.

a.

Telecommunications facilities shall either maintain a galvanized steel finish or shall be subject to any applicable standards of the FAA or other federal or state agency, or be painted to match the existing surroundings so as to reduce visual obtrusiveness.

b.

Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop.

(8)

Landscaping.

a.

Landscaping, or other effective methods, shall be used to effectively screen the view of the equipment shelters or cabinets from adjacent public ways, public property and residential property.

b.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed and to be replanted.

c.

The commissioner may waive or modify the landscaping requirement for security purposes, or in certain locations where the visual impact of the tower would be minimal, such as developed heavy industrial areas.

d.

Removal of any trees from the site must comply with the state and county tree removal ordinances.

(9)

Maintenance. Equipment at a telecommunications 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.

(10)

Principal, accessory and joint uses. Accessory structures used in direct support of a telecommunications facility shall be allowed, but may not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment which is not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility without written approval from the commissioner.

(11)

Lot size and setbacks. All property necessary to satisfy setback requirements covering the total height of the tower shall be under the ownership or control of the applicant. The requirements for control may be satisfied by lease or easement approved by the commissioner. Multiple towers on the same site shall not be permitted. The following setback requirements shall apply to all towers:

a.

Telecommunications towers must be setback from any adjacent property line a distance equal to one times the total height of the tower, as measured radially from the base of the tower to the property line of the subject property.

b.

In addition to the setback requirement set forth in subsection (11)a. of this section, all towers must be located at least 1,000 feet from a public or private school, day care center, playground, park or residential building.

(12)

Additional requirements.

a.

Site location and development shall preserve the pre-existing character of the surrounding buildings and land uses as much as possible. Towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical.

b.

Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

c.

The design of the buildings and related structures at a tower site shall, to the extent possible, use materials, colors, textures, screening and landscaping which will blend the tower and related facilities to the natural setting and built environment.

d.

Towers shall not be located any closer than three miles from an existing tower, unless technologically required or visually preferable, or if the existing tower has insufficient antennae mounting space or structural capacity to accommodate collocation.

e.

Towers shall not be sited where they will negatively affect historic or scenic view corridors as designated by the commissioner or any state or federal law or agency, or where they will create visual clutter.

f.

Towers shall be enclosed by decay-resistant security fencing, such as a chainlink fence, not less than six feet in height. All fencing material must be maintained by the owner, at all times.

g.

Towers shall be located in a manner so that all ice-fall or debris from the tower structure will not fall outside the parcel under the ownership or control of the applicant and on which the tower is located.

(Ord. No. 02-2015, 6-9-15)

Applications for building permits or uses subject to commissioner approval shall be made by the person, company or organization that will own and operate the telecommunications facility. An application will not be considered until it is complete. The following information shall be submitted when applying for a building permit or use subject to commissioner approval:

(1)

Basic information.

a.

Each applicant requesting an administrative approval under this article shall submit a scaled site plan, scaled elevation view and supporting drawings, calculations and other documentation, signed and sealed by appropriate professionals licensed in the state, showing the location and dimensions of all improvements, including topography (utilizing minimum two-foot contour intervals) tower height requirements, setbacks, access driveways or easements, parking, fencing, landscaping, adjacent uses and any other information deemed to be necessary to assess compliance with this article and compatibility with adjacent land uses.

b.

A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and districts, structures and sites of historic significance, streetscapes or scenic view corridors, schools, parks and playgrounds.

c.

A description of anticipated maintenance needs for the telecommunications facility, including frequency of service, equipment needs and traffic noise or safety impacts of such maintenance.

d.

A report signed and sealed by an appropriate registered professional in the state, documenting the following:

1.

Telecommunications facility height and design, including technical, engineering and other pertinent factors governing selection of the proposed design;

2.

Total anticipated capacity of the telecommunications facility, including the number and types of antennae which may be accommodated;

3.

Evidence of structural integrity of the tower structure; and

4.

Structural failure characteristics of the telecommunications facility and a demonstration that site and setbacks are of adequate size to contain debris.

e.

A definition of the area of service to be served by the antenna or tower, and whether such antenna or tower is needed for coverage or capacity.

f.

Information showing the proposed facility would provide the needed coverage and/or capacity in the form of a radio frequency study to show the projected coverage of the new antenna and the present coverage provided by existing towers in the area.

g.

The identity of a community liaison person appointed by the applicant to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility, including such person's name, address, telephone number, facsimile number and electronic mail address, if applicable.

h.

Identification of the geographic service area for the tower installation, including a map showing the site and the nearest or associated telecommunications facility sites within the network. A description of the distance between the telecommunication facility sites shall be included, as well as how this service area fits into, and is necessary for, the service network.

i.

Designation of the site as either a preferred location site or disfavored location site. If the proposed location is not a preferred location or is a disfavored site, or the configuration is not a preferred configuration, the applicant must follow the variance procedures set forth by commissioners.

(2)

Site inventory. Each application shall include a site inventory, including a list of all existing and proposed telecommunications facility sites within a five-mile radius of the county and a map showing such sites. The list must include the following information for each site:

a.

Street address or GPS coordinates;

b.

Assessor's block and lot or other applicable ad valorem tax identification number;

c.

Type of building (commercial, residential, mixed use) and number of stories;

d.

Number of antennae per site, and the location and type of antenna installation;

e.

Height from grade to the top of the antenna installation.

f.

RF study of the coverage area for the antenna.

(3)

Additional information requirements.

a.

The applicant must demonstrate that they cannot provide personal wireless communication service to the new area without the use of a new telecommunications tower.

b.

The applicant shall submit information which describes the anticipated capacity of the proposed tower, and to what extent collocation will be possible on the proposed tower.

c.

The applicant must provide a utility inventory showing the locations of all water, sewage, drainage and power lines impacting the proposed tower site.

d.

The applicant must provide any other information which may be requested by the county to fully evaluate and review the application and the potential impact of a proposed telecommunications facility.

(4)

Removal bond. The applicant shall provide the county with a bond covering the total cost for tower removal if the company abandons the tower, or becomes insolvent and cannot remove the tower.

(5)

Insurance. The applicant shall provide the commissioners with proof of the tower installer's worker's compensation and public liability and property damage insurance during the construction of the tower. The public liability and property damage insurance shall remain in force during the time the tower is on the owner's property, and shall protect against damages to the property owner caused by tower and antenna failure. Proof of renewal of such insurance shall be provided yearly.

(6)

Uses subject to commissioners approval.

a.

A request for a use subject to commissioners approval shall be initiated by application to the commissioners of the county, and the commissioners may issue a special use permit, provided it shall be determined that all of the requirements here in have been met.

b.

In order to cover the actual cost to the county of obtaining expert opinion and studies, an initial application fee of $1,500.00 shall be paid to the county, and a deposit of $1,500.00 to hire experts, as necessary, to review the application. If the actual cost to the county is greater than the deposit, the applicant shall be billed for the difference and payment shall be made prior to the hearing before the commissioners. In no case shall the maximum total charge for expert's fees exceed $3,000.00, not including the application fee. If the actual cost is less than the initial deposit, the difference will be refunded to the applicant within 30 days following the commissioners hearing.

c.

In granting a telecommunications facilities permit, the commissioners 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.

d.

The permit shall allow for a construction period of one year, during which time the applicant must complete the construction. If after one year of construction time, the applicant is in noncompliance, the applicant must demonstrate that construction will be completed within 30 days thereafter and such construction shall actually be completed within such 30-day period or the permit shall be void. If construction is completed as required, the permit shall be issued.

e.

When issued, the permit shall remain in force for a period of five years, and renewal of such permit shall be subject to inspection for continuing compliance with this article and existing building codes and standards. The fee for renewal of such permit shall be $1,500.00.

(7)

Public notice.

a.

The commissioners shall require public notice of the proposed erection of a telecommunications tower within the county. The applicant shall provide the county with the names and addresses of all abutting property owners and owners of property lying in whole, or in part, within a distance of 1,000 feet of the proposed telecommunications tower as measured from the property line of the parcel on which the tower is to be constructed. The applicant must notify such property owners by registered mail 30 days prior to the public hearing of the intent to erect a telecommunications tower, and must supply the county with proof of such mailing.

b.

The applicant must place a sign facing the nearest street or road indicating that an application for the placement of a telecommunications tower on the site has been filed with the county. The sign must be readable from the street or road. The applicant must publish a notice in the county legal organ of the intent to construct a telecommunications tower and setting forth the address of the proposed site. Such notice must appear four consecutive times in the newspaper prior to the public hearing to approve or deny the application.

c.

Failure to comply with the public notice requirements will result in an automatic denial of the application.

(Ord. No. 02-2015, 6-9-15)

Appeals from any decision of the commissioner under this article shall be made to the superior court within 30 days of the commissioner's decision. Any decision by the commissioner denying or approving a request to place, construct or modify a telecommunications facility within the county shall be set forth in writing as formal findings of fact and conclusions of law and supported by substantial evidence.

(Ord. No. 02-2015, 6-9-15)

Telecommunications facilities, including, but not limited to, power source, ventilation and cooling, shall not be operated so as to cause the generation of heat which adversely affects a building occupant, and shall not be maintained or operated in such a manner as to be a nuisance.

(Ord. No. 02-2015, 6-9-15)

All telecommunications facilities within the county shall be maintained in compliance with standards contained in applicable building and technical codes in order to ensure the structural integrity of such facilities. If, upon inspection by the building official, any such telecommunications facility is determined not to comply with the code standards or constitutes a danger to persons or property, then, upon notice being provided to the owner of the facility and the property owner if such owner is different, such owners shall have 30 days to bring such facility into compliance; provided, the owner of the facility shall have such extended period as may be required beyond the 30 days if the nature of the cure is such that it reasonably requires more than 30 days and the owner of the facility commences the cure within the 30-day period and thereafter continuously and diligently pursues the cure to completion. If such telecommunications facility is not brought into compliance within the required time period, the county may provide notice to the owners requiring a county fine of $100.00 per day until the antenna or tower is in compliance. The county may provide notice to the owners requiring the telecommunications facility to be removed. If such telecommunications facility is not removed within 30 days of receipt of such notice, the county may remove such facility and place a lien upon the property for the costs of removal. Delay by the county in taking such action shall not in any way waive the county's right to take action. The county may pursue all legal remedies available to it to ensure that telecommunications facilities not in compliance with the code standards, or which constitute a danger to persons or property, are brought into compliance or removed. The county may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna, and regardless of any permits, federal, state or otherwise, which may have been granted.

(Ord. No. 02-2015, 6-9-15)

(a)

Any telecommunications facility within the county which is not operated for a continuous period of 24 months shall be considered abandoned, whether or not the owner or operator intends to make use of such facility or any part of it. The owner of a telecommunications facility, and the owner of the property where the facility is located, shall be under a duty to remove the abandoned telecommunications facility. If such abandoned antenna and/or tower is not removed within 60 days of receipt of notice from the county notifying the owners of such abandonment and requesting removal of the telecommunications facility, the county may remove such tower and/or antenna and place a lien upon the property for the costs of removal. The county may pursue all legal remedies available to it to ensure that abandoned telecommunications facilities are removed. Delay by the county in taking action shall not in any way waive the county's right to take action. The county may seek to have the abandoned telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna, and regardless of any permits, federal, state or otherwise, which may have been granted.

(b)

If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this article as if such tower or antenna were a new tower or antenna.

(Ord. No. 02-2015, 6-9-15)

(a)

All telecommunications facilities within the county which are operative on the effective date of the ordinance from which this article is derived shall be allowed to continue their present use. Any tower which is nonconforming with respect to setback requirements set forth in this article may be replaced if such tower is destroyed, provided, the degree to which the structure is nonconforming does not increase and all other requirements of this article are met. Routine maintenance of existing telecommunications facilities shall be required. New construction, other than routine maintenance, shall comply with the requirements of this article.

(b)

A telecommunications facility that has received the county's approval in the form of a building permit as of the effective date of the ordinance from which this article is derived, but has not yet been constructed or placed in operation, shall be considered an existing telecommunications facility as long as such approval is current and not expired.

(c)

Placement of an antenna or collocation on a nonconforming structure, provided, the degree to which the structure is nonconforming is not increased, shall not be considered an expansion of the nonconforming structure.

(Ord. No. 02-2015, 6-9-15)

Whenever the commissioner finds that the application of this article would unreasonably discriminate among providers of functionally equivalent personal wireless services or prohibit, or have the effect of prohibiting the provision of personal wireless services, minor variance compromise as set forth in this article may be granted.

(Ord. No. 02-2015, 6-9-15)

If the proposed location, height, type, setback or other aspect of a telecommunications tower or antenna cannot comply with the preferred configurations or requirements set forth in this article, a variance permit shall be required for the construction of a tower or the placement of an antenna in the county.

(1)

Requirements for obtaining a variance.

a.

A nonpreferred telecommunications tower or antenna request shall require the applicant to demonstrate in writing to the satisfaction of the commissioners why the applicant cannot use the following:

1.

An existing facility.

2.

A preferred location.

3.

A preferred configuration.

b.

In addition to the requirements set forth in subsection (1)a. of this section, the applicant shall also provide the following:

1.

Collocation sites or other preferred location sites that are located within the geographic service area of the proposed site.

2.

An explanation of good faith efforts and measures taken to secure each of the preferred location sites, and why each site is not technologically, legally or economically feasible for the applicant's needs.

3.

How and why the proposed site is essential to meet service demands for the geographic service area it will cover and for the county-wide network as a whole.

c.

Applicants must identify all existing towers and all towers for which there are applications currently on file with the county or adjacent counties that could service the proposed search area. The applicant must provide evidence of the lack of space on all suitable existing towers.

d.

The commissioners will review the variance request based on the justifications of undue expense and/or difficulties in entering into a lease agreement for collocation with a tower owner. The commissioners shall carefully weigh such claims, and the evidence presented in favor of them, against a facility's negative impacts at the proposed site and on the surrounding area.

e.

The commissioners will indicate to the applicant within 30 days whether a request for a variance permit should be pursued. If the commissioners feels that the applicant's request does not justify a variance permit, then both parties may agree on a minor variance compromise in writing that satisfies all parties and this article.

f.

At no time and under no circumstances shall the commissioners waive more than one of the preferred items (preferred location and preferred configuration) set forth in this article without requiring the applicant to apply for a variance permit. The commissioners shall charge an appropriate fee for county services and expenses in regards to the minor variance consideration, not to exceed $1,500.00.

(2)

Acquisition procedures.

a.

The cost of a variance permit shall be $1,500.00, plus any unusual or sustained costs that the commissioner shall deem necessary and appropriate. There shall be no limit to the unusual or sustained costs, except that they are actual and fair to all parties involved, and that they are agreed upon in writing prior to the execution of the variance process. In the event of unforeseen costs and expenses, both the commissioner and/or the applicant may amend their written agreement with both parties affirming the new agreement in writing. This process may repeat itself as long as both parties agree to it.

b.

In granting a variance permit, the commissioners may impose conditions to the extent that they conclude are necessary to minimize adverse effects from the proposed tower on adjoining or nearby properties.

c.

All engineering information that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer or qualified industry expert that is acceptable to the commissioner. The commissioner reserves the right to reject any expert or engineering submissions and request additional information from that or another source.

d.

Each applicant requesting a variance permit shall submit a site plan, scaled elevation view and supporting drawings, calculations and other documentation, signed and sealed by appropriate licensed professionals or qualified industry experts, showing the location and dimensions of all structures and improvements, including topography, utilizing minimum two-foot contour intervals, tower height requirements, setbacks, access driveways or easements, parking, fencing, landscaping, adjacent uses and any other information deemed necessary by the commissioners to assess compliance with this article and compatibility with surrounding uses.

e.

Before taking action upon a proposed variance permit, the commissioners shall hold a public hearing on the proposed variance permit. At least 30 days prior to the date of the public hearing, the commissioners shall cause the following notice requirements to be instituted:

1.

A sign shall be erected in a conspicuous location on or adjacent to the property under consideration. The sign shall state the date, time, place, location and purpose of the public hearing.

2.

A letter shall be sent by regular mail to all property owners of record of abutting parcels, giving notice of the public hearing. Owners of record shall be as indicated by the county tax commissioner's records. The letter shall at least state the same information as required in subsection (2)e.1. of this section for the erection of a sign.

f.

A public hearing shall be held by the commissioners. The commissioners will gather all information and hear all reasonable positions, and then shall rule on the variance within 15 days of the public hearing.

1.

If the variance is approved, the applicant may continue with the tower, provided, they observe all other ordinance rules and regulations that pertain to any nonvariance aspects of the tower construction and implementation.

2.

If the variance is not approved, the commissioners will notify the applicant of such denial.

(Ord. No. 02-2015, 6-9-15)

Any person who violates any provision of this article shall be guilty of violating a duly adopted ordinance of the county and, upon conviction, such violation shall be punishable as provided in section 1-12 of the Code of Ordinances. O.C.G.A. § 15-10-60 et seq. shall govern the trial of any violation of this article, and any violation of this article may be tried upon citation as contemplated by O.C.G.A. § 15-10-63.

(Ord. No. 02-2015, 6-9-15)