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HomeMy WebLinkAbout35781 2 3 4 5 B 7 8 9 is II '' 12 13 ~4 ~5 is 17 18 ~.9 20 2Z 22 23 24 25 26 ORDINANCE NO. 3578 AN ORDINANCE CORRECTING SUBPART h OF SUBSECTION F.4, ENTITLED, "NEW MONOLPOLES OR TOWERS", OF SECTION 24-262 OF THE BUTTE COUNTY CODE REGARDING THE MA~~IMUM HIEGHT OF MONPOLES OR TOWERS IN SPECIFIED ZONES The Board of Supervisors of the County of Butte, State of California, under and pursuant to Section 24.25.40 of the Butte County Code of said County, ORDAINS, as follows: Section 1. Subpart b of Subsection F.4, entitled, "New Monopoles or Towers" of Section 24-262 of the Butte County Code is hereby corrected to read as follows: b. Monopoles or towers in Agricultural Zones {A-5 through A-10}, Residential Zones (R-1 through R-4, R-N, RT-1 through RT-lA, 5R through SR-5, R-P) or in a Special Zone {Zones MHP, S-H, A- Z) shall not exceed 30 feet in height. The installation of and the permitting of Facilities over 30 feet in height is prohibited except when: 1) no feasible alternative site exists; and, 2) a denial would constitute a prohibition on the provision of the affected wireless communications service in violation of federal or State law. The burden of proof shall be on the applicant to establish both conditions. SECTION 2. This Ordinance shall be and it is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage, and before the expiration of fifteen (15) days after its passage, this Ordinance shall be published once with the names of the members of the Board of Supervisors voting for and against it in the Chico Enterprise Record, a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 25~h day of January , 2000, by the following vote: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ~$ 19 20 21 22 23 24 2~ 26 AYES: Supervisors Beeler, Hoax, 3osiassen and Chair Dolan NOES: None ABSENT: Supervisor Dava.s NOT VOTING: None r-~ CHAIR Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board Deputy