10-08-1990 Council Minutes - Laserfiche WebLink

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ORONO REGULAR COUNCIL MEETING HELD OCTOBER 8, 1990 ZONING FILE #1588 US WEST NEW VECTOR GROUP CONTINUED current zoning code allows that a conditional use permit could be • granted for this communication tower. The first provision he refers to is allowing a conditional use permit to be granted for "essential services ". These are traditional public utility services.such as gas lines and utility poles. They believe the communication tower fits in that structure. The Federal Communications Commission has determined that cellular phone systems are in the public interest, regulated at the Federal level and have many of the attributes of a public utility.. Callahan asked, "Is it your impression and belief that the company is a public utility with the rights of condemnation? Mr. Marx replied, "It is not a public utility with rights of condemnation, but we think for the purposes of your zoning code and the way it uses the term essential service, that it qualifies as a public utility for the purpose of your zoning code, that's what we contend. Under that provision, unless it is demonstrated that there is damage to the health and welfare of the community, then the conditional use permit is to be granted." Callahan asked if it isn't the responsibility of the applicant to demonstrate that there is not any damage, not that the City has to demonstrate that there is damage. Mr. Marx agreed. A second provision which would allow the granting of this • conditional use permit is under the public service structure provision. They don't believe this tower will be an accessory use or another principal use on the Church property. This is similar to other utility type uses such as telephone wires and poles and gas lines in that they function along with and are often a part of other types of lots. Callahan asks, "If this is not a principal structure, then it must be an accesory structure." Mr. Marx replied, "We believe it is a public service structure as defined by your zoning code and is not accessory. It is a separate and independent entity defined as a public service structure." Acting Mayor Callahan states, "The public service structure relates to the fact that the principal or accessory structure, as such, is engaged in public service activities, not whether it is a principal structure or an accessory structure and the third category, public service structure, but whether or not the public service structure is an accessory or principal structure. Which of the two do you think it is ?" Mr. Marx does not think the use of principal or accessory • fits in to the definiton of public service structure as' it applies to this situation. For example, power lines running 21