HomeMy WebLinkAbout2003-22
Ordinance 2003-22
An Ordinance Granting a Special Exception of a Monopole Cellular Tower
ADOPTED: December 2, 2003
EFFECTIVE: December 2, 2003
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TOWN OF PULA.SKI, VIRGINIA
ORDINANCE 2003-22
AN ORDINANCE GRANTING A SPECIAL EXCEPTION
OF A MONOPOLE CELLULAR TOWER
WHEREAS, Virginia RSA #3, d/b/a United States Cellulaz, Inc. submitted an application for a
special exception to erect a 125 foot mon le cellular toweF with accessory structure on property owned
by the Town of Pulaski, located at 525 Ri~ Avenue; and
WHEREAS, the subject property is zone R-4 (Residential District) and is identified as Tax Map
Number 072-095-0005-039 and 040; and
WHEREAS, any radio, communications, or television transmission or receiving tower more than
fifty (50) feet in height requires a special exception in the R-4 District; and
WHEREAS, after advertisement required by law, the Planning Commission and Town Council
conducted public hearing on October 14, 2003 and November 11, 2003 respectively, wherein the
comments and concerns of the public were heard and the factors listed in Section 702-4-5 of the Town of
Pulaski Zoning Regulations were considered by the Town Council and the Planning Commission; and
WHEREAS, at its October 14, 2003 hearing, the Planning Commission recommended approval of
the special exception with the condition that all federal, state, and local laws be complied with;
NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia
sitting in regulaz session on December 2, 2003, that the appplication of Virg' a RSA #3, d/b/a United
States Cellulaz, Inc. for a special exception to erect a 125 fiot tall monopole cellular tower, on property
owned by the Town of Pulaski at 525 Ridge Avenue is approved upon the following conditions:
1. That all federal, state and local laws be complied with.
2. U. S. Cellulaz will co-locate Town emergency communications and wi-fi equipment (to
the extent that space and structural capacity of the tower will support) at a nomuial chazge
of one dollaz ($1.00) per year.
3. U. S. Cellular and an assignee under the lease agree to remove the tower and all above
ground structures at the end of the lease or upon such time as the site ceases to be used as
a telecommunications facility for a continuous twelve (12 month penod and to provide
such guarantee as is mutually agreeable between U. S. Cellular and the Town Manager.
This ordinance is effective upon adoption and is hereby adopted this 2nd day of December, 2003
and is adopted by the duly recorded vote of the Town Council of the Town of Pulaski, as follows:
Bettye H. Steger -Absent Kenneth M. F1eenQ~.. Aye
John T. Bolen -Aye James M. Neblett, Jr. -Absent
Pauline G. Mitchell -Aye E. G. Black, Jr. -Aye
Jeffrey S. Worrell -Aye
Town of Pulaski, Virginia
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azles W. Stewart, Jr., Mayor
A"1'TESTED:
Patricia Cruise, Clerk of Counci
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I, Patricia Cruise, Clerk of Council, certify that the foregoing Ordinance 2003-22, An Ordinance
Granting a Special Exception of a Monopole Cellular Tower, is a true and correct copy as
adopted by the Pulaski Town Council at their regular meeting on December 2, 2003,
Patricia Cruise, Jerk of Council
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Tc%/ordinancelcertification 2003-22