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Planning and zoning regulations need updating, commissioners say; tower-CUP language missing
Summary
County staff told commissioners the updated planning and zoning regulations omitted a prior height-based requirement for communications towers; the board directed staff to work with counsel and planning and zoning to add missing verbiage and to remove outdated materials from the website.
County staff reported on May 5 that recent planning and zoning regulation updates unintentionally omitted prior language that required a conditional-use permit (CUP) for towers 75 feet or taller. The omission prompted commissioners to direct staff to consult the county attorney and the planning and zoning board about restoring the height-based requirement and other missing language.
"The old regulation book... states that any tower 75 feet or higher needs a CUP. Anything lower than 75 feet does not need 1," a staff member told the board. After comparing the old and new regulation text, staff said the height provision was not present in the new version and described this as a missed update carried over from the prior book. The speaker said Jennifer (a prospective applicant) had been advised she did not need a CUP because the new regulations lacked a height clause; staff recommended adding the language back into the current regulations.
Commissioners also instructed staff to remove outdated regulatory text from the county website or update it to avoid misleading the public. They asked that the planning and zoning chair and the county attorney attend a future planning and zoning meeting to help finalize outstanding items, including lot-split and rezoning verbiage.
The transcript shows no formal vote occurred on regulatory text at the May 5 meeting; commissioners asked staff to place proposed regulation updates and planning and zoning items on a future agenda for Elizabeth (planning staff) and to have counsel available for the discussion.
