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HomeMy WebLinkAbout31-07 OrdinanceRECORD OF ORDINANCES I Dayton Legal B lank, Inc Form No 30043 1 1 1 Ordinance No. 31 -07 Passed 20 AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM UPON ANY TYPE OF APPROVAL OF ALL APPLICATIONS FOR CONSTRUCTION OF AND /OR MODIFICATIONS TO PERMANENT WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE CORPORATE LIMITS OF THE CITY OF DUBLIN UNTIL NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, AND DECLARING AN EMERGENCY WHEREAS, the City of Dublin ( "the City ") established Chapter 99 of the City Codified Ordinances, titled "Wireless Telecommunications Regulations ", in order to regulate the placement, construction and modification of towers and wireless telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City; and WHEREAS, the Ordinance to approve Chapter 99 (Ordinance 147 -97) was passed December 15, 1997 and this Chapter has not been significantly altered since; and WHEREAS, there have been both technological and legal developments to which the City Staff have determined that they need time to review and possibly amend its regulations to address issues relating to the siting of wireless telecommunications facilities in a way that addresses local concerns, provides the public with access to wireless services, and complies with federal and state law; and WHEREAS, in order to complete this review, a temporary moratorium is imposed upon any type of approval of applications for wireless telecommunications facilities, cellular facilities and development permits for ninety (90) days from the effective date of this Ordinance. This moratorium shall not affect applications for temporary wireless telecommunications facilities or vested rights established pursuant to previously filed and fully complete applications; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring, that: Section 1. City Council, the Planning and Zoning Commission, and City Staff shall not formally act upon any applications for construction and/or modification of wireless telecommunications facilities other than temporary telecommunications facilities for a period of ninety (90) days from the effective date of this Ordinance. Section 2. During the moratorium period, Council and Staff will review and possibly amend Chapter 99 in order to attend to any legal or technological issues for future wireless facility development in the City. Section 3. This moratorium shall not apply to applications for temporary wireless telecommunications facilities or any complete applications for wireless telecommunications facilities that were properly submitted to the City for approval prior to the effective date of this Ordinance. Section 4. This Ordinance is declared to be an emergency for the immediate preservation of the public health, safety and welfare, due to the fact that the integrity of the Dublin landscape must be preserved during the review of Chapter 99 and the character of the City landscape could be detrimentally altered if a moratorium is not imposed. RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 J Ordinance No. 31 -07 Passed Page 2 , 20 Passed this v 1 � day of / , 2007. I 1 Mayor — Presiding Officer ATTEST: Clerk of Council 1 T SCHOTTENSTEIN ZOX &DUNNw.,,. TO: Dublin City Council Jane S. Brautigam, City Manager FROM: Stephen J. Smith, Law Director Gregory J. Dunn RE: Ordinance 31 -07— Imposing a Temporary Moratorium on Wireless Communication Facilities DATE: May 15, 2007 The City's wireless communication facilities (e.g. cell towers) ordinance, Chapter 99 of the City Code, has not been significantly amended since 1997. It is the opinion of Staff and Legal Counsel that we should institute a 90 -day moratorium and initiate a review of Chapter 99 for the following reasons: 1. Chapter 99 ultimately determines where cell towers can be placed in the City of Dublin. The City has changed greatly in the past ten years as areas have been annexed and new developments have been established. Designations that were appropriate in 1997 may not be appropriate now. 2. Technology has changed since 1997. Specifically, Dublin has embarked on the establishment of a Wi -Fi network. The Code needs to be updated to take that into account and assist, if possible, with the development of that network. 3. The legal framework within which Dublin operates has changed as a result of rulings by courts and the Federal Communications Commission. Chapter 99 needs to be carefully reviewed to ensure that it is compliant with all Federal Communications laws. Therefore, it is our recommendation that a temporary moratorium be put in place to maintain the status quo while Staff and Legal Counsel work to make the suggested revisions.