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PLANNING AND ZONING COMMISSION (PZC) RECOMMENDATION: At its meeting of December 10, 2020, the PZC voted 5-0 to recommend that the BCC adopt the proposed amendment (see Attachment 3). ANALYSIS Per Section 904.05 of the County LDRs: [DJevelopment... of structures on property with site -related nonconformities... may be permitted provided that such additions... do not increase the degree of the existing site -related nonconformity. Staff's original determination was that the property in question contained an existing site -related nonconformity (i.e. a 500 foot tall communications tower) because the current County LDRs prohibit commercial communications towers 150 feet and taller in the A-1 zoning district. Furthermore, the current LDRs require that communications towers be located (setback) a distance more than equal to three hundred (300) percent of the tower height from the nearest residential dwelling (existing or under construction). Therefore, the proposal to construct a new residential dwelling that was less than the currently required 300% setback was an increase in the degree of the site -related nonconformity which is not permitted under Section 904.05. Based on direction provided by the BCC, staff has prepared a narrowly focused amendment to the Nonconformities Ordinance (Chapter 904) to accommodate a fairly unique nonconforming situation. The proposed amendment does not include any changes to the County's current tower regulations. It should also be noted that the proposed LDR amendment includes certain criteria and safeguards, as outlined during the BCC's deliberations. Those criteria are as follows: • No more than two single-family homes shall be constructed on a property containing a nonconforming tower; • All applicable zoning district criteria (allowable uses) and other zoning requirements (density, setbacks, lot size, etc.) shall be met; • Any new single-family home shall be setback a minimum of 250 feet from the nonconforming tower; and • The property owner (and successors and assigns) shall enter into a hold harmless agreement with the County through an appropriate instrument acceptable to the County Attorney's Office. If adopted, the proposed LDR amendment will implement the above -referenced criteria. Staff acknowledges that the proposed amendment will only apply to very few nonconforming tower properties within the County, and supports the proposed LRD amendment. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed amendment to the nonconformities ordinance Section 904.05. 121