The purpose of this section is to further describe the standards and conditions under which certain uses may be permitted as principal or conditional uses in specific districts.

(Amendment of 8-12-2024(1))

All uses listed in this section shall be subject to the specific standards described for each use, in addition to all other applicable standards of this chapter.

(Amendment of 8-12-2024(1))

(a)

In addition to the requirements to be followed for all development established in this chapter, the following requirements shall apply to all adult businesses.

(b)

An adult business must be separated by at least a 500-foot radius from any other adult business, residence, residential district, school, community center, church, or public park. Subsequent establishment of one of the above-listed uses within the required separation radius does not compel the relocation of an adult business.

(Amendment of 8-12-2024(1))

(a)

Automobile fuel sales and repair are subject to the requirements for convenience uses as defined in this chapter, and the following requirements.

(b)

Gas pump and pump island canopies may not be located closer than ten feet to any side or rear property line. The maximum height of the canopy shall not exceed 18 feet.

(c)

All on-site activities, except those normally performed at the fuel pumps, are to be performed within a completely enclosed building.

(d)

Where towing service is to be provided, a parking bay for the towing vehicle is to be provided. Vehicles that are either under repair or vehicles that have been repaired may be stored on a temporary basis, not to exceed 30 days, and designated parking bays must be provided for each vehicle awaiting repairs. Vehicle storage areas are subject to the same screening requirements as parking lots.

(e)

All restroom entrances shall be screened from view of adjacent properties or street rights-of-way by a decorative wall or landscaping or shall be accessed from the inside of the main entrance to the building.

(f)

No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment shall be permitted except as may be specifically allowed in that zone.

(g)

Parking space for each service stall in the station shall be provided. Pump islands shall not be considered as service bays. Standing areas at pump islands and interior circulation areas shall not be used as parking areas in calculating required parking spaces; and

(h)

RV dump sites shall be provided with a minimum of 120 feet of stacking space and be located a minimum of 60 feet from any ingress or egress from a public street. This stacking space shall be provided with bi-directional accessibility, and this space shall not in any manner inhibit on-site or off-site vehicular circulation.

(i)

All repairs or painting shall be performed within a building.

(j)

No site plan shall be approved which exposes unassembled vehicles, auto repair activities or auto parts to any street or residential district.

(k)

Any facility shall be designed to contain and minimize noise and odors.

(Amendment of 8-12-2024(1))

(a)

A home-based business is a use that is considered accessory to a dwelling unit in the residential district.

(b)

Home-based business as permitted accessory use.

(1)

Purpose. It is in the intent of this section to eliminate as accessory home-based businesses for uses except those that conform to the standards set forth in this section. In general, an accessory home-based business is a use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence with the exception of permitted signage as allowed by this chapter. The standards for home-based businesses included in this section are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood. The use shall be clearly incidental and secondary to the use of the property for residential purposes and shall not change the character of the property or adversely affect the uses permitted in the residential district of which it is a part. The home-based business may be conducted in an accessory building. A clearly accessory or incidental status in relation to the residential use of the main building is the criteria for determining whether a proposed accessory use qualifies as a permitted accessory home based business use.

(2)

Standards for permitted accessory use. Accessory home-based businesses are permitted so long as all the following standards are met:

a.

The home-based business shall be conducted by resident occupants on their property with not more than two on premise nonresident employees.

b.

No more than 30 percent of the gross area of all structures shall be used for such purpose.

c.

Except equipment and vehicles used for the business, there shall be no outside storage of any kind related to the home-based business.

d.

The use may increase vehicular traffic flow and parking by no more than one additional vehicle.

e.

No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home based business exists.

(3)

Acknowledgement of home-based business requirements. Any individual applying for a business license, with the intent of operating the business from his/her home, shall acknowledge by signature his/her understanding of the requirements and conditions of this chapter.

(c)

Uses that are prohibited. The following uses, by the nature of their character or the investment of operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home-based businesses and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the following uses shall not be permitted as home-based businesses: adult businesses; auto repair, carpentry work; dance instruction; dental offices; medical offices; mobile oil and lube services; painting of vehicles, trailers or boats; private schools with organized classes; radio or television repair; and upholstering.

(Amendment of 8-12-2024(1))

(a)

Required parking and stacking spaces for waiting automobiles shall provide a minimum of one stall and six spaces for stacking per lane. A traffic study prepared by a professional engineer for the proposed use shall be submitted by the applicant. If the traffic analysis shows more stalls or spaces are required, then the applicant shall provide the required number of parking spaces. These spaces shall not in any manner inhibit on-site or off-site vehicular circulation.

(b)

Noise from drive through speakers shall not be audible from adjacent residential districts.

(Amendment of 8-12-2024(1))

Intent. It is the intent of this section to allow manufactured homes as defined in MCA, §73-2-302, Manufactured Housing, as a permitted use in specific zoning districts in which single-household dwellings are permitted subject to the requirements and procedures set forth in this chapter. It is the intent to allow for the permitting of only those manufactured homes certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, not mobile homes or recreational vehicles, as defined in this chapter.

(Amendment of 8-12-2024(1))

(a)

Purpose.

(1)

The purpose of this section is to establish general development standards for large-scale retail developments. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration, and decay; and to enhance the health, safety and general welfare of the residents living within the Town of Whitehall.

(2)

These standards are also intended to be used as guidelines for evaluating and assessing the quality and design of proposed large-scale retail developments. The particulars of any large-scale retail developments will be evaluated against their respective standards contained in this chapter. It is expected that the quality and design of the large-scale retail developments, while not necessarily complying with the exact standards of this chapter, will meet or exceed the intent behind these standards.

(3)

Applicability. All uses listed in this chapter shall be subject to the specific standards described for each use, in addition to all other applicable standards which may apply.

(b)

Limitations on outdoor sales and storage of large-scale retail development.

(1)

Large-scale retail development may offer for direct sale to the public merchandise, which is displayed outdoors, but the area occupied by such outdoor sales and storage, exclusive of warehouses, shall not exceed 25 percent of the total square footage of the retail building(s).

(2)

The following principal uses are exempt, as they pertain to outdoor sales and storage:

a.

Recreation vehicle sales, auto sales, motorized vehicles, boats, and heavy equipment.

b.

Agricultural implement sales, i.e., tractors, cultivators, balers, etc., and

c.

Plant nursery

(c)

Design and site development guidelines for large-scale retail developments.

(1)

Large-scale retail development shall be subject to the design and site development criteria and development standards contained herein. These guidelines shall be applied as part of the review and approval process for conditional use permits in commercial districts.

(2)

Intent and purpose. All new construction of buildings in a large-scale retail development are subject to design review. It is the intent and purpose of this section to ensure the quality of large-scale retail development will enhance the impression and enjoyment of the community both by guiding development and change that occurs after the adoption of the ordinance codified in this section, and by stimulating and assisting, in conjunction with other provisions of this chapter, improvements in signage, landscaping, access and other contributing elements of large-scale retail development appearance and function. It is further the intent of this section to establish design criteria, standards and review procedures that will allow the town to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and facilities governed by this section.

(3)

Design criteria and development standards.

a.

All buildings within a large-scale retail development shall be designed with an architectural and design character that is appropriate for and compatible with the area.

b.

When located in developed commercial area or shopping center, the architectural character of the large-scale retail development shall be integrated with the design theme of the center through the use of the same building materials, shapes and details. The effect of color in creating a design character that is appropriate for and compatible with the area will be considered. All parking, circulation, driveways, setbacks, and signage shall be integrated with the entire design theme of the project; and

c.

The elevation design of the building shall provide design character and detailing.

(Amendment of 8-12-2024(1))

(a)

Community centers must have access to an arterial or collector standard street within one block (or within 1,320 feet) of the community center site.

(b)

Community centers shall provide a 20-foot landscaped yard setback adjacent to any residentially zoned property.

(c)

The property on which a community center is proposed to be located, shall provide a minimum of two ingress/egress points.

(d)

The requirements of this section shall not apply to a community center that is intended for use solely by the residents of the residential development, is privately or jointly owned by the residential development or by the property owners' association and is an accessory use to the residential development.

(Amendment of 8-12-2024(1))

(a)

General. Uses permitted are those special temporary uses which are required for the proper function of the community or are temporarily required in the process of establishing a permitted use, constructing a public facility, or providing for response to an emergency. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. Uses permitted may include:

(1)

Carnivals, circuses, special events of not over 72 consecutive hours;

(2)

Fireworks stands;

(3)

Tent revival meetings;

(4)

Swap meets; or

(5)

Such other uses deemed to be within the intent and purpose of this section.

(b)

Application. Application for a special temporary use may be made by a property owner or his authorized agent as a sketch plan. Additional information deemed necessary to support the approval of a special temporary use may be required.

(c)

Decision. Application for a special temporary use shall be given only when such approval is within the intent and purposes of this chapter.

(d)

Location. Special temporary uses are commonly commercial in nature and are generally not appropriate in a residential neighborhood.

(e)

Conditions. In approving such a special temporary use, the approval shall be made subject to a time limit and other conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties. Such conditions may include, but are not limited to, the following:

(1)

Regulation of parking;

(2)

Regulation of hours;

(3)

Regulation of noise;

(4)

Regulation of lights;

(5)

Requirement of bonds or other guarantees for cleanup or removal of structure or equipment;

(6)

Provide proof of insurance; and/or

(7)

Such other conditions deemed necessary to carry out the intent and purpose of this section.

(Amendment of 8-12-2024(1))

(a)

Intent, purpose and applicability. The town council finds that:

(1)

It is the duty of the town to protect the public health, safety and welfare and the town has the authority to regulate the placement, construction, and modification of wireless telecommunications facilities in the advancement of that duty.

(2)

Wireless telecommunications facilities are often visually obtrusive due to their necessary height, support equipment and interruption of the viewscape, and can have substantial impacts on the character of Whitehall and its surrounding viewsheds that negatively affect the character of the town.

(3)

The impacts of wireless telecommunications facilities can be reduced by establishing standards for location, structural integrity, compatibility, and co-location.

(4)

The town desires to support the ability of wireless telecommunication service providers to deliver such services to the community consistent with other community objectives.

(5)

It is necessary to determine the locations and circumstances most appropriate for placement of wireless telecommunication facilities to serve the community.

(6)

The town seeks to protect against potential health and safety hazards to citizens and prevent damage to adjacent properties.

(7)

The town recognizes the certain sole authority the Federal Communication Commission exercises in the licensing and other regulation of wireless telecommunications services.

(b)

General application. All uses listed herein shall be subject to the specific standards described for each use, in addition to all other applicable standards which may apply and are limited to those districts specified. The provisions herein apply to development and modification of wireless telecommunication facilities and their accessory equipment.

(1)

The provisions herein only apply to facilities which meet the definition of a wireless telecommunication facility or that are otherwise specifically brought under the authority of section 42-151.

(2)

Additional definitions applicable to wireless telecommunication facilities (facility) are found below.

(c)

Authorized uses within districts. The purpose of this section is to describe the situations under which certain uses may be authorized as principal, conditional or accessory uses in specific districts.

(1)

Districts.

a.

Residential, 03.1.020 authorized uses.

1.

Accessory uses.

•

Micro (ten-foot) facility on community center property, located on top of a building in compliance with maximum height.

•

Micro (ten-foot) facility on public property, located on top of a building is exempt from the maximum height limitation.

•

Facility on public or community center property, stealth located within another structure - light pole, flagpole, cupola, water tower, etc., and in compliance with maximum height.

b.

Commercial, 03.2.020 authorized uses.

1.

Permitted uses.

•

Facility up to 30 feet in height.

2.

Conditional uses.

•

Facility up to 45 feet in height.

3.

Accessory uses.

•

Micro (ten-foot) facility in compliance with maximum height.

•

Micro (ten-foot) facility located on top of a building is exempt from the maximum height limitation.

•

Facility, stealth located within another structure - light pole, flagpole, cupola, water tower, etc., and in compliance with maximum height.

c.

Industrial, 03.5.020 authorized uses.

1.

Permitted uses.

•

Facility up to 45 feet in height.

2.

Conditional uses.

•

Facility up to 70 feet in height.

•

Facility over 70 feet in height but not to exceed 90 feet in height and is designed to accommodate co-location.

3.

Accessory uses.

•

Micro (ten-foot) facility in compliance with maximum height.

•

Micro (ten-foot) facility located on top of a building is exempt from the maximum height limitation.

•

Facility, stealth located within another structure - light pole, flagpole, cupola, water tower, etc., and in compliance with maximum height.

(d)

Required review procedures. The purpose of this section is to describe the procedures under which certain uses may be permitted as principal, conditional or accessory uses in specific districts. Unless specifically exempted by this chapter, all other standards and procedures of this chapter shall apply.

(1)

The Montana Subdivision and Platting Act (Title 76, Chapter 3, MCA) requires subdivision review when land interests are created by rent or lease. Depending on how the ownership and use of land for a facility subject to this chapter is established, subdivision review may be required in addition to site plan review.

(2)

No facility may be permitted except in accordance with the applicable zoning district and development review processes.

(3)

All applications are subject to the review processes, submittal requirements and other requirements of article V of this chapter as may be applicable.

(4)

Pre-application. Prior to submitting an application for a facility, the applicant must request in writing a pre-application conference with the planning board. The purpose of the pre-application conference is to acquaint the participants with the applicable requirements of this section and title, as well as any preliminary concerns of the town staff. The applicant's written request for a pre-application conference must include the following information with regard to the proposed facility:

a.

Location.

b.

Overall height.

c.

Number of antennas proposed, including those of other providers to be collocated.

d.

Type(s) of wireless telecommunication services to be provided.

e.

Coordination of accessory ground equipment shelter(s).

f.

Documentation of service coverage and/or capacity gaps.

g.

For an applicant who is not themselves a wireless service provider, a copy of an executed lease from a wireless service provider of not less than 12 months duration will be required prior to final permit approval.

(5)

Sketch plan. The following shall be reviewed as a sketch plan, and a pre-application is not required:

a.

Co-location upon a previously approved facility, when such additional facilities were contemplated as part of the original review and approval.

b.

Replacement of existing antennas on lawfully established facility, provided:

1.

They are mounted using similar techniques as that of the antennas they are replacing in order to minimize visual impact,

2.

They are made of non-reflective material and colored to match the telecommunication facility or existing antennas, whichever results in the replacement antennas being less visible, or are placed in the tower.

3.

Replacement does not result in an increase in the number of antennas (e.g., like antennas may be replaced with like antennas). Notwithstanding, existing antennas may remain for a period not to exceed six months in order to accommodate the transfer of service from the existing antennas to the replacement antennas; and

4.

Replacement antennas do not exceed the size (e.g., area or length) of existing antennas.

c.

Reconstruction or replacement of previously approved facility subject to the following:

1.

Does not increase the height or base diameter of the existing tower or structure as originally approved or constructed.

2.

Does not reduce existing landscape buffers unless replaced with vegetation with similar characteristics, plant densities and maturity; and

3.

Does not use colors or lights that make the tower or antenna more visually obtrusive, unless required by either the Montana Aeronautics Division (MAD) or the Federal Aviation Administration (FAA).

d.

A facility as a temporary use and will not last in excess of 120 days in accordance with section 42-150.

e.

Temporary communication uses, including, but not limited to, wireless telecommunications, mobile services and other types of broadcast towers used solely for emergency communications by non-emergency service providers (i.e., private, for-profit wireless service providers) in the event of a loss of service or communications due to an act of God, natural disaster, or other occurrence that necessitates the re-establishment of services for the public benefit are subject to the following:

1.

Application for sketch plan review within two days of placement; and

2.

The emergency use of the facility shall not exceed a period of one year commencing when transmissions or receiving begins. The facility must be removed within 30 days after they are no longer used unless land use approval is obtained through the appropriate procedure to allow their continued use in accordance with all applicable requirements.

(6)

Site plan. All applications for a facility shall be reviewed as a site plan unless classified for sketch plan review.

(7)

Conditional use. In addition to the site plan and conditional use criteria described in article V, the town council shall, in approving a conditional use permit for a facility, determine favorably as follows:

a.

That the applicant has clearly demonstrated service coverage and/or capacity gap.

b.

That no existing or approved facility within the town meets the applicant's engineering requirements.

c.

That no existing or approved facility within the town meets the applicant's height requirements.

d.

That no existing or approved structure within the town has sufficient structural strength to support the applicant's proposed antenna and cannot be reinforced to provide sufficient structural strength.

e.

That verifiable limiting factors render collocation unsuitable or unreasonable, such as:

1.

Proposed antennae would cause electromagnetic interference.

2.

Existing or approved antenna would cause interference with proposed antenna.

3.

Owners are unwilling to accommodate the applicant's needs.

f.

That the service may not be provided by a higher-ranking preference in subsection (e)(7) at the proposed site, or that verifiable limiting factors otherwise render higher ranking preferences unsuitable or unreasonable.

g.

That the maximum building height limitation of the district will be exceeded by the least amount necessary to provide service.

h.

That the service may not be provided at an alternative site at a higher elevation within the municipal limits or that verifiable limiting factors otherwise render an alternative site at a higher elevation unsuitable or unreasonable.

i.

That the facility is built to the minimum height necessary to provide service.

(8)

Adequate review of applications may require the town to retain consultants or other third-party assistance to review an application. In such event the applicant shall reimburse the town for the actual costs incurred prior to issuance of a permit.

(9)

The provisions of article IX, Whitehall Zoning Ordinance shall apply for all nonconforming facilities subject to this section.

(10)

Any expansion of existing facilities or sites may only occur in compliance with the review procedures required in this section.

(e)

Special standards. All facilities shall meet the following special standards:

(1)

Safety. All facilities shall meet the following standards:

a.

The structural design for all facilities greater than ten feet in height or which have more than four square feet of total antenna area shall be certified by a professional structural engineer licensed to practice in the State of Montana. A building permit shall be obtained prior to the installation of any facility.

b.

All facilities shall meet or exceed current standards and regulations of the FCC, FAA and any other agency with the authority to regulate facilities. If such standards are changed, the owner shall modify the installation to comply with the new standards within six months of the effective date of the new standards or regulations unless a different implementation schedule is required by the issuing agency.

c.

Facilities with a base located at grade shall be enclosed within a secure fence not less than six feet in height or the facility shall be equipped with an appropriate anti-climbing device.

(2)

Aesthetics. All facilities shall meet the following standards:

a.

All installations shall be as visually unobtrusive as is feasible. Facilities and equipment mounted on existing structures shall be visually incorporated into the structure or background by the use of architectural elements, color, screening or other methods.

b.

No signage is permitted, except for identification and warning signs and other signs required by the building code or FCC.

c.

All structures shall be required to obtain a building permit from the Town of Whitehall prior to construction.

d.

Visual screening of ground mounted equipment shall be provided in all residential areas and where a facility is located within a nonresidential area which is visible, from a viewpoint six feet above grade, from a residential area. Screening shall provide an opaque screen within 18 months of establishment and be a minimum of six feet in height. The screening may be of landscape materials or a fence which otherwise complies with this chapter.

e.

Exterior facade materials and the character of equipment shelters used in residential areas shall be of materials commonly used in the immediate area. The architectural design of the exterior of the shelter shall be compatible with surrounding residential structures. The intent of the requirements of this paragraph may be met by providing opaque fencing or other visual screening compatible with the neighborhood, in compliance with this chapter, which will obscure the entire equipment shelter. The screening shall be in place prior to the commencement of operations of the facility.

(3)

Setbacks. Special setbacks for facilities shall be provided and/or a design for internal structural collapse to avoid damage or injury to adjoining property or users shall be provided.

a.

Residential district setbacks shall be 100 percent of facility height which may be reduced to no less than 75 percent upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the State of Montana, establishing a smaller collapse area.

b.

A facility in nonresidential districts shall provide a minimum setback from the property lines of 75 percent of facility height which may be reduced to no less than 30 percent of facility height upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the State of Montana, establishing a smaller collapse area.

c.

Facilities located within nonresidential districts, but adjacent to a residential district or residentially developed areas, shall maintain a minimum setback from residential zoning or residential property boundaries of 100 percent of facility height which may be reduced to no less than 75 percent upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the State of Montana, establishing a smaller collapse area. All accessory equipment related to said facility shall maintain the minimum residential zoning district setbacks.

d.

All accessory equipment related to a facility shall maintain the minimum zoning district setbacks.

(4)

Height.

a.

The general exemption in section 42-106(c)(2)a. which applies to public and private utility facilities does not apply to wireless telecommunication facilities.

b.

The specific exemption in section 42-106(c)(2)d. which applies to towers, "provided that any structure above the height otherwise permitted in the district shall occupy no more than 25 percent of the area of the lot and shall be at least 25 feet from every lot line" refers to the maximum building height permitted without a conditional use permit and applies to wireless telecommunication facilities.

(5)

Stealth.

a.

The proposed stealth structure should be appropriate for the context of its surroundings. For example, a silo structure appropriate in a farming area would be inappropriate in a more urban setting.

b.

The proposed stealth structure should blend the technology into whatever the surrounding environment has to offer.

c.

True stealth should mean people can't readily spot an antenna installation.

d.

The accessory equipment should be integrated into the site or buried underground.

e.

Color does not achieve stealth against the sky or distant views but can achieve stealth for building mounted antenna. For example, building mounted antennas that are painted to match the brick facade.

(6)

Co-location. If co-location is required, the owner of the facility shall certify in writing, prior to final permit approval, that the owner will accept for co-location any FCC licensed or licensing exempt provider using compatible technology at reasonable and customary rates and terms up to the structural capacity to accommodate additional antennae. Co-location may be denied based on verifiable expectations of interference from additional users. Later failure to comply with the requirements supporting collocation may result in the revocation of town approvals or other penalties provided by the municipal code as the requirements of the title will have been violated.

(7)

Preferences. In order to justify the construction of a facility, the applicant must demonstrate that higher ranking alternatives in the following hierarchy do not constitute feasible alternatives. The order of preference, from most preferred to least preferred and based on technical feasibility, for new facilities is:

a.

Stealth micro (ten-foot) facility or co-location on existing facility.

b.

Micro (ten-foot) facility.

c.

Stealth facility 30 feet or less in height.

d.

Facility 30 feet or less in height or stealth facility 45 feet or less in height.

e.

Facility 45 feet or less in height or stealth facility 70 feet or less in height.

f.

Facility in excess of 70 feet in height.

1.

In order to demonstrated that preferable facilities do not constitute feasible alternatives, such demonstration must be made by submission of a statement of position, qualifications and experience by a professional engineer (electrical or radio frequency) licensed to practice in the State of Montana and address the required findings that no existing or proposed structures adequate to accommodate the proposed antennae are located within the town that meet the applicant's engineering and service requirements.

(f)

Administrative.

(1)

The applicant must provide an inventory of existing and approved facilities within one mile of the town boundaries. The inventories shall note the feasibility of accommodating other users. The town may share this information with other applicants or interested parties to encourage co-location.

(2)

The public land and agencies exemption from full compliance with zoning in §76-2-402, MCA does not apply to private entities utilizing publicly owned lands.

(3)

Any antennae or antenna support structures that are not utilized for the provision of wireless services for a continuous period of six months shall be considered abandoned. All facilities shall be removed within six months of the cessation of operations. If a facility is not removed within six months, the Town shall remove the facility at the facility or landowner's expense. Where multiple users share a facility, the non-operational antennae and associated ground mounted equipment shall be removed but any common equipment may be retained until all users have terminated the utilization of the site.

(4)

Failure to comply with the terms of the zoning ordinance shall be grounds for facilities to be removed by action of the town at the facility or landowner's expense.

(5)

Denial of an application shall be made only after the review body has determined that specific criteria of this chapter cannot be met. Said determination shall be made in writing and shall include the reasons for the denial and the evidence which supports those reasons. The stated reasons for the denial must be based on substantial evidence, not generalized public opposition.

(g)

Exemptions.

(1)

The following wireless communication facilities that are regulated by the Federal Communications Commission (FCC) pursuant to the Code of Federal Regulations as may be amended:

a.

Industrial, scientific, and medical equipment.

b.

Military and government radar antennas and associated communication and broadcast towers used for aviation services; and

c.

Amateur (ham) and citizen band transmitting and receiving antennas and associated communication and broadcast towers.

(2)

Radio transceivers, normally hand-held or installed in a vehicle, such as an automobile, truck, trailer, watercraft, or aircraft, including cellular phone or mobile broadcast studio.

(3)

A radio frequency machine which is designated and marketed as a consumer product, such as microwave ovens and radio control toys; or is in storage, shipment, or on display for sale, provided such machines are not operated except for demonstration purposes.

(4)

Temporary telecommunication facilities used solely for emergency communications by public officials in the event of a natural disaster, emergency preparedness or public health or safety purposes.

(5)

Two-way transmitting antennas used on a temporary basis by "911" emergency services, including fire and rescue, medical, and law enforcement, as well as essential public utility providers, including but not limited to water and sanitary and storm sewer providers.

(Amendment of 8-12-2024(1))

Purpose and intent. For the purpose of promoting the health, safety, morals, and the general welfare of the community, the Town of Whitehall provides for additional requirements for marijuana facilities.

(1)

Sales of medical or recreational marijuana is prohibited on property that is directly adjacent to property zoned residential district or directly adjacent to an existing residential use. In addition to State law restrictions. Sales of medical or recreational marijuana is prohibited within 500 feet of a library or other public institution.

(2)

Production, manufacturing, and wholesale distribution including growing facilities are prohibited.

(Amendment of 8-12-2024(1))