Agenda - Planning Commission - 04/07/2011

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Zoning Bulletin January 10, 2011 1Volume 51 No. 1 The court interpreted S 100.987's provision that a planning unit "may plan for and regulate the siting of cellular antenna towers" as meaning that a planning unit has the "discretion to enact regulations pertaining to cellular antenna towers ... but this exercise of discretion is not a condition of jurisdiction." Thus, as Iong as the area of the pro- posed cellular tower has a planning unit that has adopted planning and zoning regulations, the planning commission of that planning unit has jurisdiction over matters relating to cellular tower placement and con- struction, not the PSC. This is true "regardless of whether the planning unit has enacted regulations specifically relating to cellular towers," said the court. Here, the court concluded that because the local planning unit had adopted planning and zoning regulations that governed the area where Bluegrass Wireless proposed to construct a cellular tower, the local plan- ning commission had jurisdiction over the proposed tower, not the. PSC. See also: Kentucky Ins. Guar. Ass'n v. Jeffers ex rel. Jeffers, 13 S.W.3d 606 (Ky. 2000). See also: Combs v. Hubb Coal Corp., 934 S. W.2d 250 (Ky. 1996). Case Note: In its decision, the court added that, where a plan- ning unit has adopted planning and zoning regulations but has not enacted regulations specifically related to cellular towers: "the applicant will ... still need to meet the general restrictions of the particular zone in which the proposed cell tower is to be con- structed." For example, the applicant will need to meet restric- tions such as, among others, permitted uses within the zone or height and setback requirements. Zoning News from Around the Nation ARIZONA In November, Proposition 204 —the Arizona Medical Marijuana Act —was passed. Under the new law, cities and towns may adopt "rea- sonable regulations" regarding the location and operations of medical marijuana dispensaries and growing operations. Only 124 dispensaries will be allowed statewide, and every one of Arizona's 15 counties will have at least one dispensary. The law also permits qualifying patients who live more than 25 miles from a dispensary to grow up to 12 of their own plants. Reportedly, the Arizona Department of Health Services hopes to pres- ent a final draft of related rules by February, with final rules published © 2011 Thomson Reuters 11