Answer
Apr 11, 2017 - 10:50 PM
Good morning. First, let me say that unfortunately, this happens quite often that a tower is built adjacent to residential property. Worse yet, it will happen more and more going forward as wireless companies have procured the "low hanging fruit" of sites in commercial and industrial areas and now need to get closer to residential areas.
Regarding leverage, absent the county failing to follow their own zoning ordinance in approving the tower or the tower company lying on a material fact in their application, there really isn't any. If the tower is permitted under the code, the county can always change their code but that would only apply to future towers.
We have seen a number of situations where residents are upset but can't really do much to have the tower moved after it was properly approved and permitted.
As an FYI, and not that it will make things better for you, but the County is not allowed under federal law to evaluate perceived health issues related to cell tower requests. Since the FCC deems these towers safe, local communities cannot deny or even consider health issues when evaluating an application.
Wish I could be a greater assistance here.
Regarding leverage, absent the county failing to follow their own zoning ordinance in approving the tower or the tower company lying on a material fact in their application, there really isn't any. If the tower is permitted under the code, the county can always change their code but that would only apply to future towers.
We have seen a number of situations where residents are upset but can't really do much to have the tower moved after it was properly approved and permitted.
As an FYI, and not that it will make things better for you, but the County is not allowed under federal law to evaluate perceived health issues related to cell tower requests. Since the FCC deems these towers safe, local communities cannot deny or even consider health issues when evaluating an application.
Wish I could be a greater assistance here.
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