AGRICULTURAL, FOREST AND RANGE, AND RESIDENTIAL
LAND USE SPECIFIC STANDARDS
Sections:
20.664.010 Accessory
dwelling units.
20.664.020 Accessory structures.
20.664.030 Bed and breakfast.
20.664.040 Clustered development.
20.664.050 Day care center.
20.664.060 Density bonus.
20.664.070 Front and rear yard averaging provisions.
20.664.080 Golf courses and related facilities.
20.664.090 Large group care or group home.
20.664.095 Lot size averaging in the
A-19 zoning district.
20.664.100 Manufactured homes and manufactured housing.
20.664.110 Manufactured home park design standards.
20.664.120 Multi-family housing.
20.664.130 Open and subsurface mining.
20.664.140 Recreational vehicles.
20.664.150 Recreational vehicle storage facilities.
20.664.160 Stationary tank storage (above ground).
20.664.170 Telecommunications sites.
20.664.180 Telecommunications facilities.
20.664.010 Accessory dwelling
units.
A. In agricultural and forest and range zoning districts where an open
agricultural use is conducted on the same parcel or on a contiguous parcel under
the same ownership as the parcel on which the accessory dwelling is to be placed,
the accessory dwelling shall conform to the following standards:
1.Accessory dwellings which are used to house persons, and their
families, significantly employed for open agricultural work on the property
may contain up to 1,800 square feet of livable area;
2. The accessory dwelling unit shall be provided with one off-street
parking space in addition to that required for the main dwelling. No variance
or minor exception may be filed to allow parking within the required front or
side yard setbacks.
3. If the accessory dwelling is a manufactured home, the accessory
dwelling must be removed when the open agricultural use is terminated for a
period of more than 180 days.
B. In the agricultural or forest and range zoning districts where an open
agricultural use is not conducted on the same parcel or on a contiguous parcel
under the same ownership as the parcel on which the accessory dwelling is to
be placed, the accessory dwelling shall conform to the residential accessory
dwelling standards of paragraph C, below.
C. Residential zoning districts. Accessory dwelling units within residential
zoning districts shall be constructed in compliance with the following standards:
1. No more than one accessory dwelling unit is permitted on any
parcel or lot.
2. An accessory dwelling unit may only be permitted on a parcel
on which there is an owner occupied single-family detached dwelling unit (main
unit).
3. An accessory dwelling unit is not permitted on parcels containing
two or more dwelling units.
4. The parcel upon which the accessory dwelling unit is to be established
shall conform to all standards of the land use district in which it is located,
except for parcel size and dimensions, and provided the parcel contains a minimum
of one-half (0.50) net acres.
5. The accessory dwelling shall be limited to a maximum of 700 square
feet of livable area;
6. The accessory dwelling unit shall be architecturally compatible
with the main dwelling.
7. The accessory dwelling unit shall be provided with one off-street
parking space in addition to that required for the main dwelling. No variance
or minor exception may be filed to allow parking within the required front or
side yard setbacks.
8. The accessory dwelling unit may be metered separately from the
main dwelling for gas, electricity, water and sewer services.
9. Either the principle or the accessory dwelling unit must be occupied
by the owner of the parcel.
10. Where the accessory dwelling unit is proposed on a parcel served
by an individual well, the applicant shall submit a letter or other evidence
that separate service is approved by the state engineer.
D. This title shall not validate any existing illegal accessory dwelling
unit. (Ord. 801, 1997; Ord. 763, 1996; Ord. 659, 1994; Ord. 641, 1994; Ord.
529, 1991; Ord. 424, 1984; Ord. 167, 1968) 
20.664.020 Accessory structures.
A. Accessory structures in residential zoning districts must be compatible
with the materials and architecture of the main dwelling of the property. Accessory
structures may only be constructed on a lot containing a main dwelling unit.
B. Accessory structures are subject to the minimum requirements of the
zoning district in which it is located. However, accessory structures less than
15 feet in height may be located no closer than five feet from the side and
rear property lines within the rear yard, provided that the structures are not
closer than ten feet to any other structure, or located closer than the Uniform
Building Code allows, whichever is more restrictive. In areas zoned residential,
no more than 50 percent of the rear yard area may be covered with accessory
structures.
C. Arch structures must not exceed 20 feet in overall height.
D. Accessory structures used as gate support columns must not exceed
80 square feet of floor area and must not exceed 10 feet in overall height.
Entry gates may exceed the maximum allowable height of the fencing on adjacent
fence panels by a maximum of 18 inches. (Ord. 957, 2001; Ord. 763, 1996; Ord
167, 1968)
20.664.030 Bed and breakfast.
A. Bed and breakfast inns are subject to the following operational requirements:
1. The facility shall be operated at all times by the resident owner
of the home.
2. The facility must meet the requirements of all other applicable
regulatory agencies, including the state division of health.
3. All lighting must be indirect with filaments shielded from surrounding
properties and public streets.
4. No room may be rented for a period longer than 21 consecutive
days at a time.
5. One sign is allowed with a size no larger than 24 inches by 36
inches.
B. The hearing body may approve the following accessory uses, however
these accessory uses must be specifically included as part of the special use
permit request submitted by the applicant. The hearing body’s approval of these
uses are subject to the findings as required with the special use permit:
1. Special events.
a. Weddings and receptions;
b. Civic, business, corporate and religious or other retreats;
c. Seminars;
d. Private catered dinners;
e. Small seasonal parties.
f. The number of guests permitted at the functions listed
above may be limited as part of the special use permit approval.
2.Operational requirements.
a. The hours of operation for events that may have music,
such as weddings, must not be earlier than 8:00 am and must end no later than
8:00 pm.
b. Music shall be limited to the operational requirements
permitted with a Class “C” cabaret license (up to four musicians, non-amplified
music only). (Ord. 801, 1997; Ord.763, 1996; Ord. 414, 1983)
20.664.040 Clustered development.
Clustered development occurs when a parcel or contiguous parcels under
the same ownership are developed to cluster lots for residential use. The purpose
of the clustered development is to provide a mechanism to preserve agricultural
lands and open space, locate housing in areas which can readily be served by
emergency services, utilities, etc., and to provide the agricultural community
an alternative to transfer of development rights or large parcelization. Clustered
housing may be used when it furthers the development purposes of this chapter
and meets the following requirements:
A. The minimum parcel size for clustered lots is two net acres. Individual
parcels are not to exceed five net acres.
B. Except as provided in paragraph F herein, the number of clustered lots
created on the parcel for single-family units cannot exceed the density requirement
for the base zoning district for the parcel, plus any density bonuses, as provided
herein.
C. The remainder parcels with density removed are restricted to ranching,
farming, recreational, or agricultural open space use as designated, and cannot
be developed for any other use. The remainder parcels shall be further restricted
by including Douglas County in a deed restriction on the land owned in common
by the owners or developer of the clustered parcels, or an open space easement
in favor of the county, or a non-profit conservation entity.
D. Clustered lots shall not be located in a special flood hazard area,
but density units from a special flood hazard area may be used for clustered
lots outside a special flood hazard area.
E. Clustered lots can only be located in areas that will support the installation
and use of an individual sewage disposal system or connection with an existing
sewer system. Clustered lots are prohibited in any other areas.
F. An owner that permanently restricts the use of the water rights used
to support the requisite agricultural, recreational or open space use on all
of the remainder parcels is entitled to one and one-half (1.5) units of density
for each unit of density allowed by the zone on which water rights are restricted.
This additional density is allowed only when the water rights appurtenant to
the reserved area are permanently restricted to that agricultural, recreational
or open space use by way of a covenant running with the land to the county or
a non-profit conservation entity and to be enforced by the county or a non-profit
conservation entity.
G. The provisions of this section are applicable through the approval
of tentative and final subdivision or parcel maps. (Ord. 763, 1996; Ord. 641,
1994; Ord. 619, 1994; Ord. 612, 1993; Ord. 569, 1992; Ord. 167, 1968)
20.664.050 Day care center.
Day care centers shall be constructed in the following manner:
A. The facility shall conform to all property development standards of
the land use district in which it is located.
B. Day care facilities with more than 20 children must not be located
within 300 feet of another large day care facility.
C. An outdoor play area of no less than 35 square feet per child, but
in no case less than 450 square feet in area shall be provided. The outdoor
play area must be located in the rear area. Stationary play equipment must not
be located in required side and front yards.
D. Landscaping shall be provided to reduce noise impacts on surrounding
properties. Fencing and walls may also be required.
E. All on-site parking shall comply with the provisions of chapter
20.692 (Off-Street Parking).
Large facilities shall provide on-site vehicle turnaround
or separate entrance and exit points, and adequate passenger loading spaces.
F. All on-site lighting shall be stationary, directed away from adjacent
properties and public rights-of-way, and of an intensity appropriate to the
use it is serving.
G. All on-site signs shall comply with the provisions of chapter
20.696.
H. A facility within a residential land use district may operate up to
14 hours per day.
I. Outdoor activities may only be conducted between the hours of 8:30
a.m. to 8:00 p.m.
J. Any facility must, when applicable, be state licensed and must be operated
according to all applicable state and local health and safety regulations. (Ord.
763, 1996; Ord. 519, 1990)
20.664.060 Density bonus.
Refer to chapter 20.440 regarding the density bonus provisions of this
development code. (Ord. 763, 1996)
20.664.070 Front and rear yard
averaging provisions.
A. Front or rear yard setbacks required by the base district in Tables
20.654.010 and 20.656.010
may be averaged on the interior lots within a single-family detached or duplex
subdivision.
B. The front or rear yard setbacks of a group of five adjacent dwelling
units may vary up to five feet from that required. The average setback of all
five units shall equal the minimum required for the base district. (Ord. 763,
1996; Ord. 196, 1972; Ord. 167, 1968)
20.664.080 Golf courses
and related facilities.
Golf course developments shall be constructed in the following manner:
A. State-of-the-art water conservation techniques must be incorporated
into the design and irrigation of the golf course.
B. Treated effluent may be used for irrigation where available.
C. All accessory facilities, including but not limited to, club houses,
maintenance buildings, and half-way club houses shall be designed and located
to ensure compatibility with the golf course setting. (Ord. 763, 1996)
20.664.090
Large group care or group home.
Group housing developments shall be constructed in the following manner:
A. The parcel upon which the group housing facility is to be established
shall conform to all standards of the underlying land use district.
B. The group housing facility shall conform to and comply with all local,
state, and federal requirements.
C. A group care development may or may not include
individual dwelling units. Any development proposing individual dwelling units
shall comply with the following:
1. Individual dwelling units are not permitted within single-family
zoning districts.
2. Within the MFR zoning district, the number of dwelling units
shall be based on Table 20.656.010. Where located
within a designated receiving area, transfer of development rights are required.
3.Within the OC and MUC zoning districts, individual dwelling units
may be permitted subject to the following:
a. Density shall not exceed three dwelling units per acre.
b. In no event shall more than 25% of the total units (rooms)
be dwelling units.
c. Where located within a designated receiving area, transfer
development rights are required for each dwelling unit.
D. The main pedestrian entrance to the development, common areas, and
the parking facility shall be handicap accessible.
E. Indoor common areas and living units shall be handicap adaptable and
be provided with all necessary safety equipment (e.g., safety bars, etc.), as
well as emergency signal or intercom systems as determined by the director.
F. Adequate internal and external lighting including walkways shall be
provided for security purposes. The lighting shall be stationary, deflected
away from adjacent properties and public rights-of-way, and of an intensity
compatible with the residential neighborhood.
G. Common recreational and entertainment areas of a size and scale consistent
with the number of living units shall be provided. The minimum size shall equal
100 square feet for each living unit.
H. Each residential unit shall be designed for a washing machine and dryer,
or common laundry facilities of sufficient number and accessibility, consistent
with the number of living units and the Uniform Building Code shall be provided.
Such facilities shall have keyed access for tenants only.
I. The development may provide specific internal common facilities, including
but not limited to one or more of the following for the exclusive use of the
residents:
1. Central cooking and dining room(s).
2. Beauty and barber shop.
3. Small scale drug store not exceeding 1,000 square feet.
J. Off-street parking shall be provided in the following manner:
1. One and one-quarter (1.25) parking spaces for each living unit.
2. All off-street parking shall be located within 150 feet of a
public entrance.
3. Adequate and suitably striped paved areas for shuttle parking.
Shaded waiting areas shall be provided adjacent to the shuttle stops.
4. Design standards relating to and including but not limited to
handicapped parking, access, surfacing, striping, lighting, landscaping, shading,
and dimensional requirements shall be consistent with the standards outlined
in chapter 20.692 (Off-Street Parking).
5. Group care parking requirements may be adjusted on an individual
project basis, subject to a parking study based on project location and proximity
to services for senior citizens including, but not limited to medical offices,
shopping areas, and mass transit.
K. The project shall be designed to provide adequate security for residents,
guests, and employees.
L. All parts of all structures shall be within 150 feet of paved access
for single-story and 50 feet for multi-story.
M. Notwithstanding section 20.664.090.C,
individual kitchen facilities, including “wetbars,” are not permitted. (Ord.
801, 1997 Ord. 763, 1996; Ord. 688, 1995)
20.664.095 Lot size averaging in the A-19 zoning district.
Parcel maps in the A-19 zoning district are eligible
for lot size averaging to preserve the integrity of the irrigation water conveyance
system, subject to the following:
A. The net acreage divided by the number of lots
must be equal to or greater than 19 acres per lot. The minimum resulting parcel
size is 5 net acres.
B. Variation from minimum lot size is dependent
on affirmative findings, on advice from the water conveyance advisory committee:
1. That the proposed
configuration of the resulting parcels is necessary to preserve the integrity
of the water conveyance system, from delivery and drainage of water on the resulting
parcels.
2. That because of the
unusual shape or topography of the parent parcel and the existing system for
irrigating the parcels, division into parcels of a minimum of 19 acres would
be detrimental to continued agricultural production or the delivery and drainage
of irrigation water.
C. The location of the boundaries of the resulting
parcels will be secured by deed restrictions or equivalent covenants, conditions
and restrictions of record, containing the words: The boundaries of this parcel
or parcels were established to preserve the integrity of the water conveyance
system and may not be adjusted without the approval of the Board of County Commissioners.
D. Parcel maps which propose lot size averaging
under this section will be referred to the planning commission. (Ord. 1129,
2005)
20.664.100 Manufactured
homes and manufactured housing.
Manufactured or mobile homes allowed under the provisions of this chapter
shall be installed in the following manner:
A. Mobile or manufactured homes may be used as single-family dwellings
in an MH overlay zoning district if the home is certified under the National
Mobile Home Construction and Safety Standards Act of 1974. (Ord. 763, 1996;
Ord. 167, 1968; Ord. 131, 1963)
20.664.110 Manufactured
home park design standards.
Manufactured home parks or subdivisions shall be designed and constructed
in the following manner:
A. Individual manufactured home space minimum setbacks shall be measured
from the edge of internal streets and space lines as follows:
1. Front: Ten feet;
2. Side: Five feet on each side, or zero lot line on one side with
10 feet on the opposite side;
3. Rear: Ten feet;
4. Structural separation: Ten foot minimum between dwelling units.
B. Maximum manufactured home space coverage (manufactured home and its
accessory structure) shall be 75 percent.
C. Each manufactured home shall be equipped with skirting, or provided
with a support pad which is recessed to give the appearance of the manufactured
home being located on-grade.
D. All on-site utilities shall be installed underground.
E. The manufactured home park shall be provided with parking as required
by chapter 20.692 (Off-street Parking).
F. A common recreation area which may contain a recreation building shall
be provided in the park for use by all tenants and their invited guests. The
area shall be provided in one common location with a minimum aggregate area
of 200 square feet of recreational space for each manufactured home space.
G. All exterior boundaries of the manufactured home park shall appear
similar to conventional residential developments and shall be screened by a
decorative wall, fence or other comparable device six feet in height, with a
minimum six-foot-wide landscaped area provided along the outside of the perimeter
screen.
H. Common open space shall be landscaped in accordance with a landscape
plan approved by the director and in a manner consistent with chapter 20.694
(Landscaping Standards).
I. All manufactured home park or subdivision developments shall provide
recreational amenities within the site which may include but are not limited
to swimming pools, spas, a clubhouse, a “tot lot” with play equipment, picnic
shelter or barbecue area, court game facilities such as tennis, basketball,
or racquetball, improved softball or baseball fields, or day care facilities.
The type and number of amenities shall be approved by the board and provided
according to the following schedule:
|
Units |
Number of Amenities |
|
0-9 |
0 |
|
10-50 |
1 |
|
51-100 |
2 |
|
101-200 |
3 |
|
201-300 |
4 |
One amenity shall be added for each 100 additional units or fraction
thereof. (Ord. 763, 1996; Ord. 131, 1963)
20.664.120 Multi-family
housing.
Multi-family housing is subject to design review and shall be constructed
in the following manner:
A. All multi-family developments with 12 or more dwelling units shall
provide 25 percent of the project site as useable open space for passive and
active recreational uses. Useable open space areas shall not include rights-of-way,
vehicle parking areas, areas adjacent to or between any structures less than
15 feet apart, setbacks, patios or private yards, or slope areas greater than
8 percent.
B. Each dwelling unit shall have a private, walled patio or balcony in
accordance with the following:
1. Ground floor units shall have a patio or balcony not less than
150 square feet in area or 25 percent of the dwelling unit size, whichever is
less.
2. All other units shall have a patio or balcony not less than 75
square feet in area.
C. All multi-family developments shall provide recreational amenities
within the site which may include a swimming pool, spa, club house, tot lot
with play equipment, picnic shelter or barbecue area, court game facilities
such as tennis, basketball, or racquetball, improved softball or baseball fields,
or, day care facilities. The type and number of amenities shall be approved
by the director and provided according to the following schedule:
|
Units |
Number of Amenities |
|
0-11 |
0 |
|
12-50 |
1 |
|
51-100 |
2 |
|
101-200 |
3 |
|
201-300 |
4 |
One amenity shall be added for each 100 additional units or fraction
thereof.
D. Off-street parking spaces for multi-family residential developments
shall be located within 150 feet from the dwelling
unit (front or rear door) for which the parking
space is provided.
E. Each dwelling unit shall be provided a minimum of 150 cubic
feet of private enclosed storage space within
the garage, carport, or immediately adjacent
to the dwelling unit.
F. Driveway approaches within multiple family developments
of 12 or more units shall be delineated with
interlocking pavers, rough-textured concrete,
or stamped concrete and landscaped medians.
G. All parts of all structures shall be within 150 feet of
paved access for single story and 50 feet for
multi-story.
H. Common laundry facilities of sufficient number and accessibility
consistent with the number of living units and
the Uniform Building Code shall be provided.
I. Where common laundry facilities are not provided, each dwelling
unit shall be designed for a washing machine
and dryer. (Ord. 801, 1997; Ord. 763, 1996;
Ord. 347, 1980; Ord. 203, 1973; Ord. 167, 1968)
20.664.130 Open and subsurface
mining.
A.Applicability requirements.
1. Requirements for special use permits. Unless exempted by provisions
of this chapter, an approved special use permit as provided in chapter 20.604
shall be required for all surface mining operations in all zoning districts
in which surface mining is allowed, and shall be required for the expansion
or substantial change of operation of any surface mine for which such expansion
or changes have not been thereby approved, including any operation which meets
the definition of a “non-conforming use” pursuant to chapter 20.698.
2. Requirements for reclamation plans. A reclamation plan shall
be required for all surface mining operations where permitted.
3. Exemptions. A reclamation plan shall not be required for any
of the following activities:
a. Excavations or grading conducted for farming or on-site
construction or for the purpose of restoring land following a flood or natural
disaster;
b. Prospecting for, or the extraction of, minerals for non-commercial
purposes in total amounts of less than 500 cubic yards in any one location of
one acre or less;
c. Surface mining operations that are required by federal
law in order to protect a mining claim, if such operations are conducted solely
for that purpose;
d. Emergency excavations or grading by the county or its agent
for flood control purposes;
e. Any other surface mining operations which the director
determines to be of an infrequent nature and which involve only minor surface
disturbances.
B. Applications for special use permits for surface mining operations
and reclamation plans.
1. In addition to the special use permit application required in
chapter 20.604, all applications for a special use
permit for surface mining operations shall contain the surface mining and reclamation
application supplement required by the planning division.
2. As many copies of a reclamation plan application as may be required
shall be submitted in conjunction with all applications for special use permits
for surface mining operations. For surface mining operations that are exempt
from a special use permit pursuant to this chapter, the reclamation plan application
shall include information concerning the mining operation that is required for
processing the reclamation plan.
3. Applications shall include the necessary environmental review
information prescribed by the planning division.
C. Performance standards for reclamation plans.
1. All new or revised reclamation plans shall address the environmental
impacts of the project, including but not limited to wildlife habitat, backfilling,
re-grading, slope stability, re-contouring, erosion control, re-vegetation,
drainage, agricultural land reclamation, equipment removal, stream protection,
topsoil salvage, tailing and mine waste management and maintenance.
2. Douglas County may impose additional performance standards developed
either in review of individual projects, as warranted, or through the formulation
and adoption of county-wide performance standards on any new reclamation plan
or modification to a previously approved reclamation plan.
D. Phasing of reclamation.
1. Phasing of reclamation. Reclamation activities shall be phased
with respect to the phasing of the mining operation and shall be initiated at
the earliest possible time on those portions of the mined lands that will not
be subject to further disturbance.
2. Interim reclamation may also be required for mined lands that
have been disturbed and will be disturbed again in future operations if it is
determined to be necessary to ensure the success of final reclamation or for
health and safety purposes. Reclamation may be done on an annual basis, or in
stages compatible with continuing operations, or on completion of all excavation,
removal, or fill as approved by the county. Each phase of reclamation shall
be specifically described in the reclamation plan and shall include: the approximate
length of time for completion of each phase; all reclamation activities required;
criteria for measuring completion of specific reclamation activities; and estimated
costs as provided in subsection 20.664.130.F (Financial assurances for reclamation
plans). The county shall approve the reclamation schedule.
3. Annual reports. Surface mining operators shall submit annually
a status report to the planning division on the anniversary date of the special
use permit.
4. A copy of the final approved reclamation plan shall be kept on-site
at all times.
E. Findings for approval.
In addition to the findings for approval special use permits contained in chapter
20.604, approval for surface mining operations shall
include a finding that the project complies with the provisions of federal and
state law.
1. For reclamation plans, the following findings shall be made by
the board prior to approval:
a. That the reclamation plan and potential use of reclaimed
land pursuant to the plan are consistent with this chapter and the county’s
master plan;
b. That through implementation of the reclamation plan, all
significant adverse impacts on lands to be reclaimed as a result of the surface
mining operations are mitigated to the maximum extent feasible;
c. That the land or resources to be reclaimed will be restored
to a condition that is compatible with the surrounding environment;
d. That the reclamation plan and potential use of reclaimed
land pursuant to the plan are consistent with any applicable air quality or
water quality resource plan or that suitable off-site development will compensate
for related disturbances to resource values existing after reclamation is completed;
e. The reclamation plan will restore the mined lands to a
usable condition which is adaptable for alternative land uses consistent with
the master plan and any other applicable plan or element.
F. Financial assurances for reclamation plans.
1. In order to ensure that reclamation will proceed in accordance
with the approved reclamation plan, the county shall require as a condition
of approval one or more forms of security which will be released upon satisfactory
performance. The applicant shall post security in the form of a surety bond,
irrevocable letter of credit from an accredited financial institution, a certificate
of time deposit as part of an approved trust fund, or other method acceptable
to the county. Financial assurances shall be made payable to Douglas County.
2. Financial assurances shall be required to ensure compliance with
elements of the reclamation plan including but not limited to re-vegetation
and landscaping requirements; restoration of wildlife habitat; protection of
archaeological sites; restoration of water bodies and water quality; slope stability
and erosion and drainage control, disposal of hazardous materials; and other
mitigation measures. Financial assurances for such elements of the reclamation
plan shall be monitored by the planning division.
3. Financial assurances shall not be released until the reclamation
has been completed in accordance with the approved reclamation plan to the satisfaction
of the director.
4. The amount of financial assurances shall be based upon the estimated
costs of reclamation for each year in the reclamation plan, including any irrigation
and maintenance of reclaimed areas as may be required. Cost estimates shall
be prepared by a licensed engineer or other qualified professionals retained
by the operator; the estimates shall be approved by the county engineer. Financial
assurances may be based upon estimates including but not necessarily limited
to the volume of earth moved (cubic yards) for each year or phase of reclamation.
Financial assurances to ensure compliance with re-vegetation, restoration of
wildlife habitat, and any other applicable element of the reclamation plan shall
be based upon cost estimates that include but may not be limited to labor, equipment,
materials, mobilization of equipment, administration, and reasonable profit
by a commercial operator other than the permittee.
5. In projecting the costs of financial assurances, it shall be
assumed without prejudice or insinuation that the surface mining operation could
be abandoned by an operator and, consequently, the county or state may need
to contract with a third-party commercial company for mobilization and reclamation
of the site.
6. Where reclamation is accomplished in annual increments, the amount
of financial assurances required for any one year shall be adjusted annually
and shall be adequate to cover the full estimated costs for reclamation of any
land projected to be in a disturbed condition from mining operations by the
end of the following year. The estimated costs shall be the amount required
to complete the reclamation on all areas that will not be subject to further
disturbance, and to provide interim reclamation, as necessary, for any partially
excavated areas in accordance with the reclamation plan. Financial assurances
for each year shall be released upon successful completion of reclamation (including
any maintenance required) of all areas that will not be subject to further disturbance
and upon the operator filing additional financial assurances for the succeeding
year. Financial assurances for all subsequent years of the operation shall be
handled in the same manner.
7. Financial assurances for reclamation that is accomplished in
multiple-year phases shall be handled in the same manner as described for annual
reclamation.
8. If a change of ownership occurs, the existing financial assurance
remains in force until a replacement financial assurance is approved by the
lead agency.
G. Inspections.
1.The department shall arrange for inspection of a surface mining
operation within six months of receipt of the annual report required in subsection
D.3, above, to determine whether the surface mining operation is in compliance
with the reclamation plan.
2. In no event shall less than one inspection be conducted in any
calendar year. The inspections may be made by a state-registered geologist,
state-registered civil engineer, state-licensed landscape architect, state-registered
forester, or other qualified specialist who has not been employed by the mining
operation in any capacity during the previous 12 months, as selected by the
director. The director shall, within 30 days of completion of the inspection,
notify the mining operator that the inspection has been conducted and shall
forward a copy of the inspection notice and any supporting documentation to
the mining operator. The operator shall be solely responsible for the reasonable
cost of such inspection.
H. Time limit for commencement of a special use permit for surface
mining operations.
The conditions of approval of the special use permit shall include time limits
for commencement of operations and continuance thereof, in the absence of which,
the permit will lapse.
I. Modifications to reclamation plan.
Requests for modifications of approved reclamation plans shall be processed
in the same manner as original applications for reclamation plan reviews unless
they are determined to be minor modifications. Applications for minor modifications
may be submitted in connection with the following, as long as it is not incompatible
with existing conditions or plans:
1. To allow the minor re-contouring of final topography, providing
slope stability is maintained and substantiated; effecting no more than 10 percent
of the site;
2. To allow minor modification or addition of site access;
3. To allow a minor substitution in the reclamation plan, provided
it does not substantially alter the intended end use described in the approved
reclamation plan;
4. To allow minor technological or administrative changes in methods
used to achieve reclamation;
5. To allow measures to be taken which will ensure or maintain public
safety (e.g. fences, gates, signs, or hazard removal) provided it does not substantially
alter the intended end use described in the approved reclamation plan;
6. To allow minor modifications to a previously approved phasing
plan.
J. Violations and penalties.
If the director, based upon an annual inspection or otherwise confirmed by an
inspection of the mining operation, determines that a surface mining operation
is not in compliance with this section, the applicable permit or the reclamation
plan, the county shall initiate revocation procedures of the special use permit.
K. Section fees.
The county shall establish fees as it deems necessary to cover the reasonable
costs incurred in implementing this section, including but not limited to processing
of applications, annual reports, inspections, monitoring, enforcement and compliance.
L. Special development and performance standards.
1. Required signage. The outer boundaries of all property used for
quarrying operations, involving the extraction and processing of rock, sand,
gravel, decomposed granite, clay or similar materials shall be posted with signs
carrying the message “QUARRY ZONE” in letters not less than four inches in height,
and in letters not less than one inch in height, the message “This property
may be used for the extraction and processing of rock, sand, gravel, decomposed
granite, clay and similar materials, by Douglas County Code.”
a. These signs shall be posted not more than 500 feet apart,
with signs placed at each change in direction of the boundary lines of the property
and displayed in such manner as to give reasonable notice to passers-by of the
message contained thereon.
2. All mining and quarrying operations, rock crushing plants and
aggregate dryers shall be established and operated in accordance with the following
standards:
a. All equipment and premises employed in conjunction with
any of the uses permitted shall, insofar as is practicable and feasible, be
constructed, operated and maintained so as to suppress noise and vibration which
are or may be injurious or annoying to persons living in the vicinity.
b. All private roads shall be kept wetted while being used
or shall be treated with an approved dust palliative or hard-surfaced and maintained
so as to prevent the emanation of dust.
c. All private access roads leading off any public street
or highway onto property used for any purpose permitted in this zone shall be
paved, with asphalt or concrete surfacing not less than three inches in thickness,
for the first 50 feet of the access road.
d. No excavation or production from an open pit quarry shall
be permitted which creates a slope steeper than one foot horizontally to one
foot vertically.
e. No excavation or production shall be permitted nearer than
50 feet from the project boundary.
f. No production shall be permitted nearer than 50 feet to
any lot line of adjoining property unless the written consent of the owner in
fee of the property is first secured and recorded in the county recorder’s office.
g. Prior to the start of any quarry operations, the outer
boundaries of the entire property shall be continuously enclosed by a six-foot-high
fence. Where adjacent to a public street or residentially zoned area, required
fencing shall be a view obstructing fence, wall or landscaped berm. Elsewhere,
the fence may be constructed of chain link, provided however that the reviewing
authority may, without notice or hearing, grant a modification to the provisions
of this subsection where:
i. The property is located in the bed or flood channel
of a wash or water course and fencing would be impractical; or
ii. Topographic features; location factors or other
conditions create an unnecessary hardship or unreasonable situation making it
impractical to require compliance with the fencing requirements contained in
this subsection.
h. All uses permitted which are not conducted within an enclosed
building shall confine all operations on the property to the hours between 7:00
a.m. and 10:00 p.m., Monday through Saturday, except in cases of public emergency,
or such reasonable or necessary equipment or building repairs as are required
to be made.
i. Before commencing operation in any quarry the owner or
operator shall secure insurance, to the extent of one million dollars ($1,000,000),
against liability in tort arising from the production, activities or operations
incident thereto conducted or carried on under or by virtue of any law or ordinance,
and such insurance shall be kept in full force and effect during the period
of such operations. (Ord. 763, 1996; Ord. 167, 1968)
20.664.140 Recreational vehicles.
No trailer or recreational vehicle shall be used for living or sleeping
purposes in any area within the unincorporated area of the county except as
follows:
A. A recreational vehicle or travel trailer may be occupied as a use pending
construction of a permanent single-family residence in any agricultural, forest
and range or residential district, provided that the owner of the lot or parcel
obtains a temporary use permit and occupies the recreational vehicle or travel
trailer only for the period of construction, not to exceed 12 months. The temporary
use permit must be issued concurrently with the building permit for the permanent
residence. On expiration of the permit, or within 30 days from the date of issuance
of the certificate of occupancy for the residence, any recreational vehicle
or travel trailer must be removed or located on the site in accordance with
chapter 20.692;
B. Existing trailer parks and campgrounds conducted, maintained and licensed
under the terms of this chapter;
C. The temporary use of non-paying guests or relatives of the person residing
on the lot or parcel which has a main residence may occupy a travel trailer
or recreational vehicle for sleeping purposes for a period not to exceed seven
consecutive days. The use must not exceed a total of 14 days for a calendar
year. A travel trailer or recreational vehicle used for such a purpose must
not discharge any litter, sewage, effluent or other matter except into sanitary
facilities designed to dispose of the material.
D. Storage of travel trailers or recreational vehicles shall be in accordance
with section 20.660.150(C)(4) (d).
(Ord. 801, 1997; Ord. 763, 1996; Ord. 633,
1994; Ord. 131, 1963)
20.664.150 Recreational
vehicle storage facilities.
Developments within the multi-family land use districts and with 12 or
more dwelling units, or single-family subdivisions in excess of 30 units containing
parcels less than 8,000 square feet in size shall provide recreational vehicle
storage facilities. The storage facilities shall be reviewed as part of the
design review and shall be constructed in the following manner:
A. Centralized storage areas shall be provided for recreational vehicles,
as defined in Appendix A and
20.660.150.C.4.d, at a minimum of one space for
each eight dwelling units.
B. Individual storage spaces shall measure not less than 12 feet by 30
feet, and shall have direct access to a driveway with a minimum paved width
of 25 feet. (Ord. 763, 1996)
20.664.160 Stationary tank
storage (above ground).
A. Definitions.
1. Storage vault means above ground flammable or combustible
liquid storage vaults that are concrete enclosures located outside a building
containing a tank and a pump assembly.
2. Storage tanks means above ground combustible liquid tanks
are double wall steel tanks on supports or pads located outside a building.
Storage tanks lack fire resistance ratings from exposure fires. Above ground
storage tanks are limited to class II and III liquids only.
B. General requirements.
1. Storage vault and tank installations shall be limited to a maximum
1050 gallons individual tank capacity and 3150 aggregate at any one site.
2. Storage vaults and tanks shall be used only for private vehicle
fleet, non retail installations, government fleet installations, private company
equipment yards, waste oil storage, emergency generator pumps and other similar
uses where the fire chief or fire marshal determines there is no increased threat
to fire safety.
3. The fire chief or fire marshal may prohibit the use of a storage
vault or tank installation when, in his opinion there is a hazard to fire of
life safety from a given installation.
4. Storage vault and tanks shall not be manifolded together.
5. A building permit shall be obtained from the community development
department and local fire department prior to the installation of tanks. Plans
shall be submitted along with the request for a permit.
6. The location of tanks shall comply with the setback requirements
of the applicable zoning district. Clearance to property lines, structures,
unprotected openings and public ways shall be shown when applying for permits.
7. Grade shall slope from the tank and dispensing areas away from
any structure.
8. Storage value and tank installations shall be fenced or secured
to prohibit the public from having access to the installation.
9. Storage vaults and tanks shall be considered a group M, Division
2 occupancy under the Uniform Building Code.
10. Existing above ground single wall tanks containing flammable
or combustible liquids shall meet all requirements outlined in the Uniform Fire
Code, Article 79, Division V. All existing tanks shall be protected with two
hour fire resistive construction.
11. All new installations shall be double wall tanks with two hour
fire protection added or preferably a storage vault.
C. Tank design.
1. The storage vault and tank assembly shall be engineered in accordance
with nationally recognized standards to insure that normal transportation, installation
and operation of the tank will not result in damage to the tank or tank envelope
which may lead to leakage of the tank contents.
2. Only tanks with UL or other nationally recognized testing laboratories
listing shall be used and labeled accordingly. Each tank shall be compatible
with the product being used.
3. All storage vault tanks shall be attached to the concrete vault
by an approved engineered means.
4. Tank venting shall comply with section 79.509 of the Uniform
Fire Code:
a. Minimum vent size shall be 1¼ inside diameter;
b. Vent piping shall terminate a minimum of twelve feet above
the ground;
c. Vents shall discharge only in an upward or horizontal direction;
d. Vent lines shall not terminate within five feet of any
building openings nor within five feet of a property line that may be built
upon;
e. Vent pipes shall be arranged so that flammable vapors will
not enter any building openings, be trapped under eaves or other obstructions
or discharge into hazardous locations.
The vent supplied with the storage vault may only be used if engineering data
is shown to prove the vent is adequate for either the filing or withdrawal rate,
whichever is greater, and that the vent pipe length is adequate and the vent
location complies with the above.
5. The storage tanks and the tanks within the storage vault shall
be grounded with a ground rod bonded to a metallic pipe coming from the tank
with a flexible copper wire of adequate strength for the intended service and
electrical resistance.
6. All piping shall be provided with swing joints where the pipe
attaches to any building. Listed flexible connections may be used in lieu of
the swing joints when approved by the chief or fire marshal.
7. Tank openings for filling and gauging purposes must be covered
by vapor tight caps or lids and must be secured against tampering at all times
except during filling or gauging operations. Fill pipes must terminate within
six inches of the bottom of the tank.
8. All vault interstitial spaces shall be monitored for leakage
in accordance with N.D.E.P.
9. Vault enclosures shall be liquid and vapor tight without backfill.
The sides and bottom of the enclosure shall be of reinforced concrete and listed
for a two hour fire exposure with openings for inspection through the top only.
Tank connections shall be so piped or closed that neither vapors or liquid can
escape into the enclosed space. A means shall be provided whereby portable
equipment may be employed to discharge to the outside any vapors which might
accumulate should any leakage occur.
10. Storage vault and tank assemblies shall provide overfill containment
protection which will contain a minimum of five gallons of spillage. Such containment
shall be around the fill pipes. Provisions for preventing rain water or snow
melt from entering the overfill containment area shall be made.
11. Each storage vault or tank shall rest on concrete supports meeting
nationally recognized approved engineered standards to support the weight of
the tank, vault or outer shall and its contents. When designing the supports,
visual inspection of the underside of vault is required.
12. The storage vault and tank system shall rest on an engineered
concrete pad. Restraining from flotation shall be provided in areas prone to
flooding. Refer to Uniform Building code, Chapter 23 for requirements.
13. Storage vaults and tanks must be clearly marked with their produce
name and the words “FLAMMABLE (OR COMBUSTIBLE) KEEP FIRE AWAY.” The
dispensing and filling area shall be posted as “NO SMOKING” area for
at least 25 feet in all directions. Dispensing areas must be posted with “NO
SMOKING OR OPEN FLAMES ALLOWED, STOP ENGINES WHILE REFUELING.” Letters
for signs must be a minimum of two inches in height and ½ inch stroke on a background
of contrasting color.
14. Storage vaults, tanks and dispensing units shall be protected
from physical damage by the installation of six-inch concrete filled bollards
located at least 12 inches from the vault or tank and spaced a maximum of four
feet apart on all sides of the vault or tank subject to such damage. A concrete
“jersey barrier” may be used in lieu of the bollards.
15. A concrete pad shall be provided under vehicles being refueled
where required by local jurisdiction.
16. The area around the storage vault or tank shall be maintained
free from weeds and brush at all times for at least ten feet in all directions.
No other storage is permitted in the area or under the storage vault or tank.
17. The storage vault or tank and the dispensing units shall be
secured to prevent tampering when not in use.
D. Pumps and dispensing units.
1. All pumps and dispensing units used in conjunction with the installation
shall be tested and listed by a nationally recognized testing laboratory for
use with the product being stored in the vault or tank assembly.
2. All electrical wiring shall comply with the National Electrical
Code.
3. The pump shall take its suction from the top of the vaulted tank
or the storage tank.
4. Remote pumping stations are prohibited.
5. Emergency pump shut off switches shall be provided within 75
feet but not closer than 15 feet from all dispensers. The switches shall not
be located inside any building. A sign shall be posted “EMERGENCY PUMP SHUTOFF”
at the shutoff switch. The sign shall be legible for a distance of 75 feet.
6. A portable fire extinguisher with a minimum 2A-20BC classification
shall be located in an accessible location not more than 30 feet from the dispensing
unit.
7. For refueling operations conducted between 30 minutes after sunset
and 30 minutes before sunrise, adequate lighting is required to be permanently
mounted in the area of the refueling operations.
E. Waste oil tanks.
1. Where the product stored in the storage vault or tank assembly
is pumped in or poured in, such as waste oil tanks, ball check valves at the
fill and at the withdrawal lines shall be provided.
2. Waste oil lines shall not be under pressure inside any building.
3. Storage vault or tank assemblies containing waste oil shall be
provided with a reliable level indicator.
F. Container filling.
1. Class I flammable liquids shall not be dispensed into containers
unless the nozzle and the container are electrically bonded.
2. Product may be dispensed into approved containers only. Class
I liquids shall not be dispensed into glass or plastic containers at any time.
G. Training.
1. Every facility with a storage vault shall provide training to
employees to include but not be limited to:
a. Use and care of the vault;
b. Procedures in the event of a spill or leak;
c. Training in the use of portable fire extinguishers;
d. Initial training to all employees;
e. Annual training to all employees.
2. Training records shall be retained for inspection by the fire
department. (Ord. 801, 1997; Ord. 763, 1996; Ord. 671, 1994; Ord. 641, 1994;
Ord. 167, 1968)
20.664.170 Telecommunications
sites.
The following standards apply to all telecommunication sites as defined
in this title:
A. The height of wireless communications facilities includes all antenna
array structures.
B. Antenna support structures, where utilized, must be monopole type.
C. The wireless communications facility shall be located on the existing
structure so as to minimize visual impacts from surrounding properties and rights-of-way.
D. All antennas and support structures must be painted to be architecturally
compatible with the building on which it is located or painted to minimize visual
impacts where the structures extend above the roof line.
E. Roof-mounted antenna support structures shall be located no closer
to the nearest edge of the roof than the height of the structure with all antennas
and other equipment attached.
F. Accessory equipment and equipment structures must be screened or designed
according to the provisions of this title and the adopted Douglas County design
manual.
G. Telecommunications sites are prohibited on residential structures and
accessory residential structures.
H. The following additional standards apply within residential zoning
districts:
1. Telecommunications antennas may only be located on alternative
tower structures
2. Accessory equipment structures are limited in size to 120 square
feet.
I. Telecommunication sites, as defined is section 20.660.130.H, are subject
to minor design review.
J. Exemptions. The following facilities are exempt from county review:
1. Antennas not exceeding four feet high and 580 square inches in
area as viewed from any one point, or tubular antennas not more than four inches
in diameter and 15 feet in height when placed on an existing non-residential
structure.
2. Antennas that are fully enclosed inside an existing structure.
3. Usual and incidental repair and maintenance of existing telecommunications
sites. (Ord. 871, 1999)
20.664.180 Telecommunications
facilities.
The following standards apply to all telecommunications facilities as
defined in this title:
A. Maximum heights. The height of telecommunications facilities
includes all antenna array structures. The following are the maximum facility
heights permitted within the applicable zoning districts:
1. NC, MUC, OC, GC, TC, PR and AP: 60 feet.
2. PF, LI, and SI: 80 feet.
3. GI and A-19: 100 feet.
4. FR-19 and FR-40: 120 feet.
5. Residential zoning districts: Prohibited.
B. Setbacks. 1. Telecommunications facilities and
accessory structures that do not exceed the maximum required height of the applicable
zoning district must meet the required building setbacks for the zoning district
in which the facility is located.
2. Facilities exceeding the height requirement of the zoning district
in which the facility is located shall have the following minimum setbacks:
a. A minimum of 20% of the structure height or the minimum
required setback of the applicable zoning district, whichever is greater, from
all property lines.
b. A minimum of five-times the structure height from any residentially
zoned property, master plan designated receiving area, and any existing residence
on surrounding properties located within the A-19 or FR-19 zoning districts.
c. A minimum of 2,500 feet from major highway and road corridor
rights-of-way, including US 395, SR 88, SR 208, SR 207, US 50, Foothill Road
and Jacks Valley Road, excluding facilities to be located within the town boundaries
of Minden or Gardnerville.
d. A minimum separation of one mile between all telecommunications
facilities, measured from the nearest point of each structure, including facilities
with a valid approval that have not yet been constructed.
3. Telecommunications facilities shall not be located within the
front-yard area when there is an existing building on the parcel.
C. Design criteria. 1. Support structures for wireless
communications antennas shall be monopole type. The use of lattice tower structures
or guyed-wire towers is prohibited.
2. Monopole support structures may not exceed four feet in diameter
unless technical evidence is provided showing that a larger diameter is necessary
to attain the proposed tower height and that the proposed tower height is necessary.
3. Wireless communications facility support structures and antennas
must be painted a non-glossy color so as to minimize visual impacts from surrounding
properties. Specific color is subject to county review based on a visual analysis
of the particular site.
4. Accessory structures must be designed and screened according
the provisions of the adopted Douglas County design manual.
5.Support structures for wireless communications antennas shall
be designed to allow at least one additional wireless service provider to co-locate
antennas on the structure.
6. Towers shall not be artificially lighted unless required by the
FAA or other applicable authority. Security lighting must be in conformance
with this title and the adopted design manual.
D. Access. 1. Unmanned telecommunications facilities
must have a minimum 12 foot access easement to the facility.
2.When access is from a paved public street or alley, a paved driveway
approach shall be constructed a minimum ten feet in length and 12 feet in width
at the point of access.
E. Signage. A permanent, weather-proof identification sign, approximately
16 inches by 32 inches in size, must be placed on the gate of the fence around
the facility or, if there is no fence, on the facility itself. The sign must
identify the facility operator(s), provide the operator’s address, and specify
a 24-hour telephone number at which the operator can be reached so as to facilitate
emergency services.
F. Landscaping. 1. Landscaping is to be provided
in accordance with section 20.694 (Landscaping) for the purposes of screening
the facility from surrounding properties or rights-of-way.
2. Landscaping must include re-vegetation of any cut or fill slopes.
Where native vegetation exists, re-vegetation should include native plant species
that can exist without irrigation.
3. Where possible, existing plants and trees should be used to the
full extent possible for screening the facility.
G. Noise and traffic.
1. Backup generators shall only be operated during power outages
and for testing and maintenance purposes. Testing and maintenance shall only
take place on weekdays between the hours of 7 a.m. and 7 p.m.
2. Traffic shall be limited to no more than one round-trip per day
on an average annual basis once construction is complete, except for emergency
maintenance purposes.
H. Submittal requirements. In addition to the submittal materials
required by the special use permit application, the following must be submitted
with an application for a telecommunications facility:
1. A vicinity map showing the proposed telecommunications facility’s
distances from existing residential areas, existing residences, major roads
and highways, and other telecommunications facilities pursuant to paragraph
B, above.
2. A visual simulation showing the proposed structure as it would
be seen from surrounding properties that may be visually impacted by the structure,
including but not limited to surrounding residential properties and rights-of-way.
The visual simulation may include a photo montage, field mock-up or other techniques.
3. A written statement to Douglas County indicating the technical
reasons why there is no alternative site for co-location of the facility or
written proof of refusal of the owner of the tower(s) in the vicinity to provide
space at a fair rate of compensation.
4. A written statement to Douglas County indicating that the proposed
tower structure is designed to accommodate at least one additional service provider
in the future, and that the facility owner will make a good-faith effort to
work with other service providers to co-locate antennas on the proposed structure
in the future.
5. A copy of the property lease agreement including provisions for
removal of the facility within six months of its abandonment, and provisions
for county access to the facility for removal where the provider fails to remove
the facility within six months of its abandonment.
I. Conditions of approval. The following conditions must be met
prior to the service provider obtaining a building permit for the telecommunications
facility:
1.The applicant shall provide proof of notification of an offer
of co-location opportunities on the new facility to other service providers.
2. The applicant shall sign and record with the Douglas County recorder
a legally binding agreement limiting any co-location costs assessed to other
service providers to a pro rata share of the ground lease, site acquisition
cost, design, capital costs for construction of the tower including associated
permitting costs, and reasonable maintenance, repair and replacement costs.
J. Reduction in required facility separation. A reduction in the
required separation between telecommunication facilities may be granted as part
of the special use permit approval where technical evidence has been provided
to substantiate the following findings:
1. The granting of the variance will not substantially impair the
intent and purpose of this title or the goals, policies and objectives in the
adopted master plan;
2. The variance is not requested exclusively on the basis of economic
hardship to the applicant;
3. The variance is necessary and essential to providing the applicant’s
wireless service, based on the technical constraints of locating the facility
in accordance with the required separation;
4. Evidence has been submitted to the satisfaction of the county
showing that co-location on existing tower structures is not available or is
not technically feasible. Evidence may include a written statement from the
service provider with the existing facility that co-location is not feasible.
K. Variances. Notwithstanding paragraph J above, all variance
requests relating to telecommunications facilities are to be considered under
the variance provisions of section 20.606. In addition to the required findings
pursuant to section 20.606, the following findings must be made:
1. The granting of the variance will not substantially impair the
intent and purpose of this title or the goals, policies and objectives in the
adopted master plan;
2. The variance is not requested exclusively on the basis of economic
hardship to the applicant;
3. The variance is necessary and essential to providing the applicant’s
wireless service, based on the technical constraints of locating the facility
in accordance with the required separation;
4. For highway or road corridor setbacks, the proposed facility
is not visible from the subject right-of-way or the facility includes features
that minimize the visual impacts from the subject rights-of-way.
L. Minor modifications. Modifications may be approved by the director
under the provisions of a minor design review where the modifications meet the
following criteria:
1. The height of the facility does not increase by more than 10
feet above the height of the original facility as approved by a special use
permit and the facility meets the height provisions and required setbacks.
2. The existing facility complies with all other applicable standards
in this section.
M. Abandoned towers.
1. Any telecommunications facility that is not operated for a continuous
period of six months or falls into disrepair shall be considered abandoned.
2. The owner of any abandoned telecommunications facility shall
remove the facility within six months of its abandonment.
3. If an abandoned facility is not removed within six months, the
county may remove the facility at the property owners expense.
4. Where two or more users share a single facility, the facility
shall not be deemed abandoned until all users cease operation of the facility.
N. Inventory and tracking. The department shall compile and maintain
a list of telecommunications facilities based on information provided by wireless
service providers. The list shall include existing facility locations, structure
heights, number of service providers using the facility, and availability of
space for additional users based on prior approvals.
O. Existing, non-conforming facilities. Telecommunications facilities
approved prior to the adoption of this ordinance that do not meet the required
setbacks or height limitations shall be considered legal conforming structures
provided that the height of the structure is not increased. (Ord. 871, 1999)
