11-05-1996 Minutes - Laserfiche WebLink

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:3 Y~I--- 35~ NWl/4) a distance of Four Hundred Thirty Three (433.0) feet to the point of beginning and containing 3.975 acres more or less; and WHEREAS, applicant has made its written application for a permit to use the above-described property for the erection, operation, and maintenance of a microwave telecommtmications tower; and WHEREAS, said property is located within the AG-l Agricultural Zoning District; and WHEREAS, on October 15, 1996, a public hearing was held upon said application by the Hall County Board of Supervisors following due and proper notice of the same to the public; and WHEREAS, the Hall County Board of Supervisors is empowered pursuant to the Hall County Zoning Resolution to grant an application for conditional use upon a determination that the proposed use is consistent with the intent of the AG-l Agricultural Zoning District. . NOW, THEREFORE, BE IT RESOL YED that, upon consideration of the evidence presented and the factors to be s:onsidered pursuant to subsection d. of section 11 of the Hall County Zoning Resolution, the use of th~ aforesaid property for the erection, operation and maintenance of a microwave telecommtmications tower is found to be consistent with the intent of the AG-l Agricultural Zoning District and that the application for conditional use is hereby granted subject to the following conditions, limitations, and restriction: 1. All waste, rubbish and debris, if any, must be completely cleared from the above described real estate as soon as practical and said real estate must, at all times, be kept in a clean and neat condition. 2. No uses under this resolution shall result in an unreasonable hazard or nuisance to the adjacent landowners or to the general public. 3. Nothing in this grant of conditional use shall be construed as a grant of right, authority or permit to allow any use of land, materials or methods which violate any state or federal law or rule or regulation of a federal, state or local agency other than as specifically set forth herein. The applicant shall be required, as a condition of this pennit, to comply with all applicable state and federal laws and regulations including, but not limited to, those pertaining to telecommtmications, water quality, surface drainage, flood control and protection, and environmental quality and protection. Applicant shall at all times comply with any and all tower marking and illwnination requirements of the Federal Aviation Administration and the Federal Communications Commission. 4. The tenn of this conditional use permit shall be for a period of five (5) years beginning the date hereof, but may be tenninated if applicant fails to comply with any of the conditions, restrictions and obligations set forth herein. In the event of noncompliance, the Hall County Board of Supervisors shall notify the applicant in writing setting forth the specific area or areas of noncompliance. If the applicant fails to cure any such noncompliance within 30 days after receiving said notice, the Hall County Board of Supervisors shall hold a hearing to consider the suspension, revocation, or termination of this pennit of conditional use. 5. Applicant shall erect, construct, operate, and maintain said microwave telecornmtmications tower and related structures in accordance with applicant's application for conditional use and in accordance with applicable Hall ColUlty Building Codes. This Conditional Use Permit is hereby granted thisAy of November, 1996, subject to the terms, conditions and restrictions above set forth. AlTEST: 9J1d$x~ Co Clerk. ,'~. . Prepared by Jerom E. Janulewicz Deputy Hall County Attorney HALL COUNTY BOARD OF SUPERVISORS A:~",^vv..~ 6 S..\:-.\ ~ Tammie Stelk, Chairman