Agenda - Planning Commission - 06/07/2018

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May 25, 2018 I Volume 12 I Issue 10 Zoning Bulletin prohibiting fractional ownership did not control the use of the campsites or have any impact on the use of the land. It controlled only the owner- ship of the land, not its use, found the court. Accordingly, the County regulation prohibiting fractional ownership of campgrounds was be- yond the County's zoning authority and unenforceable, concluded the court, Limitations Period/Time for Proceedings —County contends wireless communication provider's legal challenge to permit denial is outside of the Telecommunication Act's statute of limitations period, and therefore time barred Parties dispute when "final action" occurs in zoning decisions, triggering Act's 30-day clock Citation: Athens Cellular, Inc. v. Oconee County, Georgia, 886 F.3d 1094 (11 th Cir. 2018) The Eleventh Circuit has jurisdiction over Alabama, Florida, and Georgia. ELEVENTH CIRCUIT (GEORGIA) (04/2/18)—This case ad- dressed the issue of whether a telecommunications provider, which was denied a special use permit by a county board, met the 30-day statutory limitations period of the Telecommunications Act of 1996 (the "TCA") to timely appeal the county board's final action. The case addressed how to assess when the TCA's statute of limitations period begins to run. The Background/Facts: In May 2014, Athens Cellular, Inc., doing business as Verizon Wireless, ("Verizon") submitted an application to the Planning Department of Oconee County (the "County") for a Special Use Permit (the "Permit") to construct a cellular communica- tions tower that would "enhance its wireless service." Eventually, at its August 5, 2014 meeting, the County Board of Commissioners (the "Board") denied the Permit. That day, the Commissioners signed a document denying the Permit (the "Document"). On August 7, the Doc- 8 © 2018 Thomson Reuters