Board grants variance for 80-foot cellular tower near protected residential area

The Jefferson County Board of Zoning Adjustment on May 19 approved a variance allowing construction of an 80-foot cellular communications tower closer to a protected residential area than county setback rules normally allow.

Staff told the board the property is zoned U-1 (Utilities) on 0.08 acres and that under Jefferson County Zoning Resolution Section 11.19.04 the setback for an 80-foot tower would be 350 feet from a protected residential area; the applicant requested a variance to allow the structure within 300 feet. Staff recommended approval.

At the hearing, an attorney for the applicant, Patton Hahn of the law firm Baker Donelson, said the tower is intended to improve Verizon coverage and to accommodate Alabama Power’s equipment. Hahn said the tower will be sited to take advantage of higher elevation to maximize coverage. “These towers are designed to basically fold on top of themselves,” a company representative told the board when asked about safety and collapse radius. Staff said the engineered fall radius is smaller than tower height and noted the county has approved roughly 10 similar cases since February 2015.

No members of the public spoke in opposition during the public hearing. After questions from board members about engineering assurances, a board member moved to approve case A250011 and another board member seconded the motion. The chair called for the vote and members present voted in favor; the chair announced the variance was granted.

The board’s opening remarks noted written notice of decisions will be issued within 10 days and that anyone disagreeing with the board’s decision has 15 days to file an appeal in circuit court. The board also reminded applicants that zoning approval may be followed by additional permits if the project involves connection to septic or sanitary sewer systems.