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Planning staff to recommend code changes after developer flags state conflict on proposed Dunreef tower
Summary
A developer letter about a proposed cell tower near Dunreef revealed conflicts between Henry County’s code and state law; planning staff will research amendments to align county ordinance with state standards before bringing a proposed change back to the commission and county commissioners.
Planning staff told the Henry County Planning Commission that a recent inquiry about a proposed wireless tower near Dunreef revealed parts of the county’s land-use code that conflict with state law, and staff will research amendments to bring the ordinance into compliance.
Tom summarized a letter from Ryan Whitley that included maps and identified differences between state and county standards. Tom said the county code currently limits tower height to 99 feet in some sections while the proposed tower would be about 295 feet, and that the county’s code still contains provisions the state code no longer requires, including language the county uses to compel tower sharing. “Our code is a wee bit outdated,” Tom said in explaining the discrepancies.
Sean and other staff present recommended referencing the state code where applicable and cleaning up conflicting language. Staff emphasized that the planning commission’s role is advisory: the commission will review proposed ordinance language, then any amendment would go to the county commissioners for formal adoption as an ordinance. No permitting application has been filed for the Dunreef site; staff said they are requesting authority to continue research and draft proposed updates to the ordinance.
Commissioners did not take formal action on the ordinance at the meeting; staff asked the commission to let them continue with research and to prepare proposed code changes for a future agenda.
