Decision follows four-hour hearing
on Mount Ulla case
By Jessie Burchette
jburchette@salisburypost.com
The Rowan County Zoning Board of Adjustment has upheld a planning director’s ruling on a proposed broadcast tower in Mount Ulla.
The board conducted a quasi-judicial hearing Tuesday night that ran four hours. At some points, nearly a dozen attorneys were in the commissioners’ meeting room representing the various sides.
In January, Richard and Dorcas Parker of 155 Parker Loop, Mount Ulla, filed a building permit application for a 1,200-foot broadcast tower specifying that it would be a commercial facility that would include public and private use.
Attorneys and representatives of the Parkers and Salisbury Media, the company which plans to lease the tower, contended the project was exempt from the county’s requirement for a conditional-use permit. Attorneys claimed the exemption in the county ordinance for an antenna allowed the project to be permitted.
Salisbury Media is also owned by Gig Hilton, owner of Davidson County Broadcasting, which sought a permit to build a tower on the same location in 2005.
In March, Planning Director Ed Muire notified the Parkers’ attorney that the exemption is for an antenna, not a tower. He advised the Parkers needed to seek a conditional-use permit if they wanted to build a 1,200-foot broadcast tower.
Lowell Homburger, a consultant for the Parkers, argued that most people don’t see any difference between a tower and an antenna.
Another consultant for the Parkers, Jerry Newton, a former Cabarrus County planning director, argued the Rowan ordinance is confusing and ambiguous. He noted a lack of specific definitions for communications towers in the ordinances.
Andrew Cornelius, the Concord attorney representing the Parkers, said the code is not clear and asked the board not to penalize his clients for the shortcomings of the code.
David Pokela, a Greensboro attorney hired to represent the planning staff, countered that the ordinance is clear and the effort to use an antenna exemption to build a broadcast tower was an attempt to stir up confusion.
Commissioners agreed Monday night to hire Pokela to represent planning staff at any future conditional-use permit hearings.
County Attorney Jay Dees briefly observed the proceedings. Anthony Fox, a Charlotte attorney who represents the county on tower issues, served as attorney for the ZBA.
Jeremy Carter, a local attorney representing the Mount Ulla Historic Preservation Society also presented witnesses and cross-examined others giving testimony.
The session at times moved at a very slow pace, complete with objections, rulings and attorney clusters to deal with various issues.
Nearly two hours into the proceeding, the court reporter started yawning.
The Parkers, who operate a dairy farm, left midway through the hearing. While many others left, a large contingent of Mount Ulla residents remained for the final ruling.
Jeff Morris, recently elected chairman of the ZBA, led the board through a process of finding of facts and making the final ruling upholding Muire’s decision.
Board member Patricia Gilbert observed that if the Parkers wanted a permit for an antenna, it would be exempt ó but a tower is not.
The board unanimously approved several findings as well as upholding the ruling.
Morris said the ordinance is clear that a broadcast tower is not exempt from the conditional-use permit process.
During a break, Richard Parker indicated he will likely again seek a conditional-use permit for a tower.
Almost three years ago, the Parkers sought a permit but were turned down by county commissioners. The N.C. Court of Appeals upheld the county’s ruling. Commissioners determined that proposed tower ó 1,350 feet ó constituted a threat to nearby Miller Air Park.