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HomeMy WebLinkAbout56-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 Ordinance No. 56- 07(amended) Passed 20. AN ORDINANCE AMENDING CHAPTER 99 — WIRELESS TELECOMMUNICATION REGULATIONS OF THE DUBLIN CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY 1 1 i WHEREAS, it is necessary from time to time to amend the Code in order to protect the health, safety and welfare of the citizens of the City of Dublin; and WHEREAS, Chapter 99 of the Dublin Codified Ordinances contains the Wireless Telecommunication Regulations; and WHEREAS, the purpose of this Code modification is to review the Wireless Telecommunication Regulations based on the practical implementation of the Code; and WHEREAS, the City desires to do this in order to ensure that the appearance and established character is consistent with the high quality image of the City of Dublin; and WHEREAS, because Chapter 99 was adopted by City Council in 1997 and has not undergone any significant change since, the entire Chapter has been revised to consolidate similar regulations. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, _ o of the elected members concurring, that: Section 1. The existing Chapter 99 Wireless Telecommunication Regulations be repealed in its entirety from the Dublin Codified Ordinances and replaced with the following: CHAPTER 99: WIRELESS COMMUNICATIONS REGULATIONS Section 99.01 Purpose 99.02 Objectives 99.03 Applicability 99.04 Definitions 99.05 General requirements 99.06 Administrative review 99.07 Conditional use applications 99.08 Abandonment of tower 99.09 Nonconforming towers 99.10 Temporary wireless communications facilities 99.99 Penalty § 99.01 PURPOSE. (A) The purpose of this chapter is to regulate the placement, construction and modification of towers and wireless communications facilities in order to protect the health, safety and welfare of the public, while at the same time not RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 11 I [I Ordinance No. 56 -07 Passed Page 2 , 20 unreasonably interfering with the development of the competitive wireless communications marketplace in the City. (B) The City's intent is to provide incentives for wireless communications service providers that seek to further the following City priorities: (1) Co- locate on/with other existing towers /structures /facilities or locate on existing structures. (2) Require new towers to accommodate multiple users wherever possible. (3) Locate towers in the least obtrusive manner given present and evolving technology. (4) Minimize adverse health, safety, public welfare or visual impacts through co- location, siting, design and construction, while upholding the Purposes and Objectives of this chapter. § 99.02 OBJECTIVES. The following are the City's objectives: (A) To comply with the Telecommunications Act of 1996 to include any of the follow -on rule making and/or rule interpretations by the appropriate state and federal agencies and/or courts. (B) To work pro - actively with the various wireless communications service providers to ensure rapid and reliable deployment of their services /technologies, while minimizing negative impacts on the City. (C) To direct the location of towers and wireless communications facilities in the City. (D) To allow under certain conditions appropriate City -owned property and structures to be used for wireless communications facilities. (E) To minimize adverse visual impacts of towers and wireless communications facilities through careful design, siting, landscaping, and innovative camouflaging techniques. (F) To promote and encourage shared use /co- location of towers and antenna support structures as a primary option rather than construction of additional single -use towers. (G) To avoid potential damage to adjacent properties caused by towers and wireless communications facilities by ensuring those structures are soundly and carefully designed, constructed, modified, maintained and removed. (I) To the greatest extent feasible, ensure that proposed towers and wireless communications facilities are designed in harmony with natural settings and in a manner consistent with current development patterns. (H) To the greatest extent feasible, ensure that towers and wireless communications facilities are compatible with surrounding land uses. (J) To protect the community from inappropriately placed towers and wireless communications facilities and the general proliferation of these structures. RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 Ordinance No. 1 L Ll 56 -07 § 99.03 APPLICABILITY. Passed Page 3 20 (A) All towers, antenna support structures and wireless communications facilities, any portion of which are located within the city, are subject to this chapter. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. (B) Except as provided in this chapter, any use being made of a nonconforming tower or antenna support structure on the effective date of this chapter shall be allowed to continue, even if in conflict with the terms of this chapter. All re- construction or modifications to a non - conforming structure being undertaken shall be required to conform to this chapter. (C) Should a provision of this chapter conflict with another provision of the Code, the strictest provision shall prevail. (D) This chapter and the various sections and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, clause or word is adjudged unconstitutional or invalid for any reason, by any Court of competent jurisdiction, the invalidity shall not affect the remaining portions or applications of this chapter which shall be given effect without the invalid portion or application, provided those remaining portions are not determined by the Court to be invalid. § 99.04 DEFINITIONS. (A) General Use of Terms (1) The terms, phrases, words, and their derivations used in this chapter shall have the meanings given in this section. (2) When consistent with the context, words used in the present tense also include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number. (3) All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. (4) The words "shall' and "will" are mandatory and "may" is permissive. (5) Words not defined shall be given their common and ordinary meaning. (B) Defined Terms ALTERNATIVE TOWER STRUCTURE. Man -made trees, clock towers, bell steeples, light poles, power poles, flag poles, and similar alternative - design mounting structures that camouflage or conceal the presence of antennas or towers. ANTENNA. Any exterior transmitting or receiving device used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless communications signals or other communication signals, mounted on a tower, building or structure. ANTENNA SUPPORT STRUCTURE. Any building or other structure other than a tower which can be used for location of wireless communications facilities. RECORD OF ORDINANCES Davton Legal Blank, Inc Form No 30043 Ordinance No. 1 �l 56 -07 Passed Page 4 , 20 APPLICANT. Any person that applies for a certificate of zoning plan approval or other approval according to the requirements of this chapter. APPLICATION. The materials and process by which an applicant submits a request and indicates a desire to be granted approval of an antenna, tower and/or antenna support structure under the provisions of this chapter. An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City concerning the request. BACKHAUL NETWORK. The lines that connect a provider's towers /cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. BOARD OF ZONING APPEALS. The Board of Zoning Appeals for the City. CITY. The City of Dublin, a municipal corporation, in the State of Ohio, acting by and through its City Council. CODE. The Code of Ordinances of the City. CO- LOCATION. The use of or ability to use a wireless communications facility by more than one (1) wireless communications provider. CONDITIONAL USE. A use allowed in a zoning district after approval of the Planning and Zoning Commission according to the provisions of § 153.236 of the Code of the City of Dublin. COUNCIL. The City Council of the City of Dublin. DIRECTOR. The Director of the City's Land Use & Long Range Planning Division, or a designee. DISTRICT, ZONING DISTRICT, ZONE DISTRICT. A portion of the city within which certain uses of land and/or buildings are permitted and within which certain regulations and requirements apply under the provisions of Chapter 153 of the Code of the City of Dublin. EMERGENCY. A reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action, mitigation, or abatement. ENGINEER. Any engineer currently licensed by the State of Ohio. EQUIPMENT SHELTER AND /OR CABINET. The structure in which the electronic receiving and relay equipment or other necessary equipment for a wireless communications facility is housed. FAA. The U.S. Federal Aviation Administration, and any legally appointed, designated or elected agent or successor. FCC. The U.S. Federal Communications Commission and any legally appointed, designated or elected agent or successor. HEIGHT or ABOVE GROUND LEVEL (AGL). When referring to a tower or other structure, the distance measured from the finished grade at the base of the tower /structure to the highest point on the tower or other structure, including the base pad and any antenna, but not including lightning arrest devices. RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 1 r_ � 1 56 -07 Passed Page 5 , 20 Ordinance No. MICROCELL. The lines that connect a provider's towers /cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. MONOPOLE. A support structure constructed of a single, self supporting hollow metal tube securely anchored to a foundation. MULTI -USE TOWER. A self supporting lattice, guyed or monopole structure constructed from grade which supports more than one (1) wireless communications facility. NONCONFORMING TOWER or ANTENNA. Any tower or antenna lawfully existing at the effective date of or amendment to this chapter which does not currently conform to the requirements of this chapter. PERSON. Any person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not - for - profit. PRE - EXISTING TOWERS and PRE - EXISTING ANTENNAS. Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed but the permit has not expired. RECONSTRUCTED TOWER. A tower which is removed in whole or in part. For purposes of this chapter reconstructed towers shall only be considered as those towers for which approvals have been granted in accordance with the provisions of this chapter. The term and its use shall not apply to nonconforming towers. TEMPORARY WIRELESS COMMUNICATIONS FACILITIES. A cellular -on- wheels unit, an antenna on a bucket truck, crane, crank -up tower, tower, or other wireless communications facility required to evaluate a site for placement of a wireless communications facility (as would normally be permitted by this chapter) or for providing communications during an emergency, special event or conference. TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self - supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common - carrier towers, wireless communications towers, alternative tower structures, and the like. The term includes the structure and any necessary supports. WIRELESS COMMUNICATIONS FACILITIES. An all encompassing term that includes, but shall not be limited to towers, poles, cables, wires, lines, wave guides, antennas, microwave dishes, and/or any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or has installed upon a tower or antenna support structure. However, the term wireless communications facilities shall not include: (1) Any satellite earth station antenna two (2) meters in diameter or less that is located in a non - residential district (' 153.095(B)(3) -(4) shall be applicable); (2) Any satellite earth station antenna one (1) meter or less in diameter that is designed to receive direct broadband satellite service, including direct to home satellite services or to receive or transmit fixed wireless signals via satellite regardless of zoning category ( 153.095(B) shall be applicable); RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 Ordinance No. 56 -07 Passed Page 6 , 20 1 (3) Any antenna that is one (1) meter or less in diameter or diagonal measurement and is designed to receive video programming service via broadband video services (wireless cable) or to receive or to receive or transmit fixed wireless signals other than via satellite; or (4) Any antenna that is designed to receive local television broadcast signals and does not use a mast higher than twelve (12) feet above a roofline. (5) Antennas used by amateur radio operators ( 153.096 [A] shall be applicable). (6) Towers, structures, antennas, or other equipment used for the purposes of operating a public- safety voice or data radio network or an outdoor early warning system within the city limits. This includes directional and omni- directional antenna equipment, as well as microwave and point to point equipment. § 99.05 GENERAL REQUIREMENTS. (A) Wireless communications facilities shall be subject to administrative approval or conditional use approval in a variety of zoning districts as specified in Chapter 153 of the Codes of the City of Dublin, contingent upon meeting the requirements of this chapter, Chapter 153 and other applicable ordinances of the City. L' (B) The following table summarizes the City's zoning districts and approval procedures. (1) Administrative: See § 99.06. (2) Conditional Use: See § 99.07. 1 Approval Procedures Co- Location' New Tower Alternative Temporary Zoning District Structure Facilities Multi -User Single User Residential Administrative Not Permitted Not Permitted Administrative See § 99.10 Commercial (except Suburban Office and Conditional Conditional Institutional and Administrative Use Use Administrative 3 See § 99.10 Neighborhood Commercial) Suburban Office and Institutional; Neighborhood Administrative Not Permitted Not Permitted Administrative See § 99.10 Commercial Limited and General Industrial Administrative Administrative Conditional Administrative See § 99.10 Use OLR and Restricted Industrial Administrative Not Permitted Not Permitted Administrative See § 99.10 Planned Districts (except Planned Administrative Not Permitted Not Permitted Administrative See § 99.10 Industrial Park) RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 Ordinance No. 56 -07 Passed Page 7 , 20 Approval Procedures 1 Zoning District 1 New Tower Alternative Temporary Co- Location Structure Facilities Multi -User Single User Planned Industrial Conditional s Park Administrative Administrative Use Administrative See § 99.10 Architectural I Not Permitted I Not Permitted I Not Permitted I Not Permitted I See § 99.10 Review District 1 Co- location on existing antenna support structures or towers. 2 The goal of Alternative Tower Structures is to camouflage the tower /antenna installation. If the Director determines that this essential criterion has not been met, a certificate of zoning plan approval shall be denied. The applicant shall be entitled to pursue approval through the conditional use procedures. (See § 99.06(B)(4)) (C) General Requirements The following requirements apply to all wireless communications facilities regardless of the zoning district in which they are to be located. These requirements shall be in addition to the regulations of the specific zoning districts as set forth in § 99.05 (B). (1) Application: The following information must be submitted for all applications required by this chapter unless the Director deems the information unnecessary. (a) Completed application form. (b) A scaled and dimensioned site plan (not less than one [ 1 ] inch equals fifty [50] feet) clearly indicating the location, type and height of the proposed tower, on -site land uses and zoning, adjacent land uses and zoning (including other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information necessary to determine compliance with this chapter. (c) Legal description of the parent tract and leased parcel (if applicable). (d) The setback distance between the proposed tower, equipment shelter and/or cabinets and the nearest residential property line. Ll (e) The separation distance from other towers described in the inventory of existing sites required by this chapter shall be shown on a map. The applicant shall also identify the type of construction of the existing tower(s) and the owner /operator of the existing tower(s), if known. (� A landscape plan showing specific landscape materials, location and installation sizes. RECORD OF ORDINANCES Dayton Legal Blank. Inc Form No. 30043 Ordinance No. 56 -07 Passed Page 8 20, (g) Location and method of fencing, if any, including height, material, style, and color and, if applicable, the method of camouflage and illumination. 1 (h) A description of compliance with the requirements of this chapter and all applicable federal, state or local laws. (i) A notarized statement by the applicant affirming that the construction of the tower will accommodate co- location of additional antennas for future users. (j) Contact information for identifiemie ^ the entities providing the backhaul network for the tower(s) described in the application and other wireless communications sites owned or operated by the applicant in the municipality. (k) A description of the ability or inability to use existing towers, other structures or alternative technology not requiring the use of towers or structures, to provide the services planned for the use of the proposed new tower. An inventory of its existing and approved towers, antennas, alternative tower structures, ^ sites planned and/or appr-ev 1 towers ^r ant ermas, that are either within the jurisdiction or within two (2) miles of the border of the City. The City may share this information with other applicants under this chapter or other organizations seeking to locate towers or antennas within the jurisdiction of Dublin or other communities. However, the City is not, by sharing this information, in any way representing or warranting that the sites are available or suitable. The inventory shall show each tower and antenna and include: (i) a map showing each location, by address, including straight -line distances between each tower; (ii) tower height and design; (iii) tower owner /operator; and (iv) co- location capability of each tower, including alternative tower structures. (2) Applications 1 (a) Multiple antenna /tower plan. When feasible, application for approval of multiple towers and/or antenna sites by a single owner of towers and antennas shall be submitted as a single application or multiple applications submitted at the same time (b) Historic register /district. Any application to locate a wireless communications facility on a building or structure that is listed on a Federal or state historic register shall be subject to review by the City's Architectural Review Board in addition to any other required review processes. (c) The applicant shall pay a non - refundable fee as established by the City's annual fee ordinance. RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 Ordinance No. 56 -07 Passed Page 9 .20 1 (3) Towers and antennas. Towers and antennas shall meet the following requirements: (a) Tower design. All wireless communication facility support structures, unless otherwise provided, shall have a monopole, unipole or similar non - lattice, single vertical structure design and shall be further designed to accommodate at least two (2) wireless communication arrays of antennas or panels. The applicant shall submit an affidavit by a design engineer registered in the state attesting that these requirements are met. (b) Tower color and finish. Towers shall either maintain a non - contrasting gray or similar color or have a galvanized steel finish unless otherwise required by the City or any applicable standards of the FAA and Ohio Department of Transportation. (c) Compatible design. At a tower site, the design of the buildings and related structures shall use materials, colors, textures, and screening so as to be aesthetically and architecturally compatible with the surrounding environment, as approved by the City. 1 (d) Antenna color. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible, as determined by the City. (e) Lighting. Towers and antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to views from surrounding properties. (f) Maximum height. Towers shall meet the following height requirements. In no case shall a tower, including antenna, exceed one hundred and forty (1450) feet, as measured from grade at the base of the tower, unless a higher tower is required by conditions present in the vicinity of the location of the tower that require a taller structure in order to function. (i) Single user where co- location is physically or technically infeasible, up to eighty (80) feet; (ii) For up to (2) users, up to one hundred (100) feet; I (ii) For three users, up to one hundred twenty (120) feet; or (iii) For four or more users, up to one hundred forty (140) feet. (g) Co- location. Unless physically or technically infeasible all towers shall be constructed or reconstructed to accommodate two (2) or more users. (i) In connection with any application for certificate of zoning plan approval, in order to encourage co- location, an existing tower meeting co- location requirements that RECORD OF ORDINANCES Dayton Legal Blank, inc Form No 30043 Ordinance No. 56 -07 Passed Page 10 , 20. is lower than the height permitted above may be reconstructed to meet the maximum heights permitted. 1 (ii) A tower which is being rebuilt to accommodate the location of additional antennas may be relocated on site as long as it meets the setback requirements of this chapter. (iii) Co- location may be waived if the Director determines that the fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. Satisfactory and substantial information must be submitted by the applicant demonstrating that the costs are unreasonable. (4) Site Requirements (a) Lot size and setback. 1 (i) The setbacks of this subsection shall be met for all elements of the tower, supporting structure, and equipment. A minimum setback of one hundred (100) feet from all property lines shall apply unless a greater setback for principal buildings is required by the zoning district in which the tower is to be located. The dimensions of the entire lot or lots used for the tower, supporting structures, and equipment shall control, even though the antennas or towers may be located on leased portions within the prescribed area. (ii) The Director may permit a lesser setback for alternative tower structures provided that the setback is required for the function of that structure and not for the purposes of the tower /antenna location. (b) Fencing. Any fencing shall comply with any applicable City requirements. (c) Landscaping. Buffer plantings shall be located on the site to buffer or screen adjacent properties and in accordance with the City's landscape requirements. 1 (d) Sign. The only sign permitted shall be a sign not exceeding two (2) square feet posted in a visible location on the tower or equipment indicating the owner of the facility with an emergency contact and phone number. (5) Buildings or Other Equipment Storage. (a) Underground equipment shelters. Underground equipment shelters will be required where equipment shelters are located on properties that are readily visible from adjacent streets and lots where landscape screening cannot be accomplished. (b) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall RECORD OF ORDINANCES Dayton Legal Blank, inc Form No 30043 Ordinance No. 56 -07 Passed Page 11 . 20 comply with all applicable building codes. Additionally, any equipment shall be sited and designed and painted to minimize its visual impact and be screened to its full height so that it is not visible from ground level. (c) Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following: (i) In Residential and Planned Districts, the equipment cabinet or structure must be located behind the required front building setback line and at least thirty (30) feet from all other lot lines, unless a greater setback is required by the zoning district in which it is located. (ii) In all other zoning districts the equipment cabinet or structure shall be located at least fifteen (15) feet from all lot lines unless a greater setback is required by the zoning district in which it is located. (d) Antennas located on towers. The related unmanned equipment structure shall not exceed the maximum height allowed or established for principal buildings in the district. 1� (e) Design and screening. Equipment cabinets or structures used in association with antennas shall be designed and painted to minimize its visual impact. Plants of evergreen material will be used for screening and shall be a minimum height that will ensure that the equipment will be screened to its full height within three (3) years of planting. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property may be sufficient buffer. (6) Code and Permit Requirements. (a) City permits. The installation of any tower or antenna shall require the compliance with all City building regulations. No installation shall be allowed, without securing all applicable building permits and inspections. All towers and wireless communications facilities will require a certificate of zoning plan approval and applicable building permits prior to installation. 1 (b) State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If these standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring any towers and antennas into compliance with the revised standards and regulations within six (6) months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the regulating agency. Failure to bring towers and antennas into compliance with any revised standards and regulations shall constitute grounds for the removal of a tower or antenna at the owner's expense. RECORD OF ORDINANCES Da yton Legal B lank. Inc Form No 30043 56 -07 Ordinance No. 1 Passed Page 12 20 (c) Building Codes, safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with requirements contained in applicable state or local building codes and the applicable requirements for towers that are published by the Electronics Industries Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with these codes and requirements and constitutes a danger to persons or property, after written notice to the owner, the owner shall have thirty (30) days to bring the tower into compliance with those requirements. Failure to bring the tower into compliance within the required time shall be grounds for the removal of the tower or antenna at the owner's expense. (d) License to operate. Owners and or operators of towers or antennas shall submit copies of, and maintain all franchises, certifications, licenses, and permits required by law for the design, construction, location and operation of wireless communications in Dublin. Evidence of renewal or extensions shall be provided to the City Engineer when granted. (e) Certification. Any information of an engineering nature required by this chapter, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. I� § 99.06 ADMINISTRATIVE REVIEW. (A) Facilities subject to administrative approval. Administrative approvals, as allowed by § 99.05 (B) may be approved by the Director after an administrative review has been conducted. Cable microcell networks and distributed antenna systems that do not require the use of towers shall also be subject to administrative approval. Approval following the administrative review shall constitute issuance of a certificate of zoning plan approval. (B) Application and Review Process (1) Each applicant for administrative approval shall meet all application and approval requirements of § 99.05 (C) (1) -(2) and provide the information to address the requirements of this chapter. (2) Administrative Approvals 1 (a) Applications for administrative approvals are subject to the approval of the Director following review by the Administrative Review Team, which shall consist of the following members or their designated representatives and others appointed by the City Manager as deemed necessary. (i) Director (Chair) (ii) City Engineer (iii) Chief Building Official (iv) Parks & Open Space Director (b) Applicants are required to attend any meetings of the Administrative Review Team. Applications shall not be considered unless the applicant or authorized representative attends the review meeting. RECORD OF ORDINANCES Dayton Legal Bla nk, Inc Form No 30043 Ordinance No. $6 -07 I 1 Passed Page 3 20 (c) The application shall be reviewed for administrative approval to determine if the proposed use complies with § 99.06 of this chapter as well as all applicable requirements of the zoning district in which it is located, except as required by this chapter. (d) Permits will not be issued for any administrative approval until the Administrative Review Team's review is completed and a determination made by the Director. This determination will be made within ninety (90) days a reasonable time following acceptance of a complete application. The findings of the Director shall be based on and supported by substantial evidence contained in a written record which shall be forwarded to the applicant within ten (10) days of a reasonable +""° following the final determination. (3) Appeals. Unless otherwise noted, decisions on administrative approvals may be appealed to the Board of Zoning Appeals within twenty (20) days of the decision. The appeal shall be filed with the Board of Zoning Appeals, specifying the grounds, in conformance with § 153.235. (a) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director certifies to the Board of Zoning Appeals, after notice of appeal has been filed, that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which may be granted by a court of record. (b) In deciding the appeal, the Board of Zoning Appeals shall determine whether or not the decision that was made was done so using the proper requirements and standards of this chapter. The decision of the Board of Zoning Appeals is limited to the information that was available to the Administrative Review Team for the initial decision including any materials included as Hart of the written record of the decision Additional testimony is not appropriate. (c) If a determination is made that the Administrative Review Team made an improper decision the Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and may make an order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Administrative Review Team. 1 (d) The findings of the Board of Zoning Appeals shall be based on and supported by substantial evidence contained in a written record which shall be forwarded to the applicant within a reasonable time following the final determination. (4) Administrative Approval Review Considerations. The following provisions shall govern the issuance of administrative approvals for towers and antennas. (a) Antenna locating on existing building or other antenna support structure. Any antenna intended to be attached to a structure other than a tower may be approved as an accessory use to any RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 j 56 -07 Ordinance No. Page 14 Passed , 20 commercial, industrial, professional, office, institutional, or similar structure, provided: i (i) The antenna is designed to be as unobtrusive as possible. (ii) The antenna does not extend more than twenty (20) feet above the highest point of the supporting structure; (iii) Compliance with the applicable provisions of § 99.05. (b) Co- located antennas on existing or reconstructed towers. The color and overall design of the antenna shall be consistent with the existing tower and be as unobtrusive as possible. (c) Alternative tower structure. (i) Private property: The Director may approve the location of an alternative tower structure provided the site meets the Purpose, Objectives and applicable requirements of this chapter. (ii) Public property: Approval by the City Manager shall be required for structures to be located on public property. 1 (iii) The objective of administrative approvals for alternative structures is to encourage ingenuity and the use of innovative methods to camouflage these facilities. If the application is denied by the Director following a finding that the proposed facilities have not been reasonably disguised or camouflaged, the applicant may file an application for review as a conditional use as regulated by this chapter. (d) Cable microcell network or distributed antenna system using multiple low- powered transmitters/ receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technologies /mechanisms may be approved provided that the use of towers is not required and all other applicable provisions of this chapter have been satisfied. 1 § 99.07 CONDITIONAL USES. (A) Applications. Applications for conditional use permits for towers or antennas shall be reviewed by the Planning and Zoning Commission, subject to the procedures and requirements of § 153.236 of the Code, except as modified in this section. Public notices shall meet the requirements of Chapter 153 for conditional uses. (B) Factors considered in granting conditional use for towers. In addition to any standards for consideration of conditional use applications pursuant to § 153.236 of the Code, the Planning and Zoning Commission shall consider the following factors in determining whether the application should be approved. (1) Compliance with the requirements of § 99.05 (C). (2) Height of the proposed tower and its proximity to residential structures and residential districts; RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 56 -07 Ordinance No. Passed (3) Nature of uses on adjacent and nearby properties; (4) Surrounding topography; (5) Surrounding tree coverage and foliage; Page 15 20 (6) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; (7) Proposed ingress and egress; (8) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures. (a) New towers shall be approved only when other preferable alternatives are not available. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Commission that no existing tower, structure or alternative technology is available to fill the communication requirements. (b) An applicant shall submit information requested by the Planning and Zoning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the LI applicant's proposed antenna may consist of any of the following: (i) No existing towers or structures are located within the specific geographic limits which met applicant's engineering requirements. (ii) Existing towers or structures do not have sufficient height to meet applicant's engineering requirements, and have insufficient structural strength to support applicant's proposed antenna and related equipment. (iii) The applicant's proposed antenna would cause frequency interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. 1 (iv) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. (v) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. (vi) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low- powered transmitters/ receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 1 Ordinance No. Passed Page 16 20 new tower or antenna development shall not be presumed to render the technology unsuitable, but may be considered as a factor in the decision. L 1 (vii) The applicant provides documentation that other tower owners were contacted in writing demonstrating the above considerations. (D) In granting a conditional use, the Planning and Zoning Commission may impose conditions to the extent that it concludes that the conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties or meet the review considerations of this chapter. (E) The findings and decision of the Planning and Zoning Commission shall be based on and supported by substantial evidence contained in a written record which shall be forwarded to the applicant within a reasonable time following the decision. The decision of the Planning and Zoning Commission shall be final. § 99.08 ABANDONMENT OF TOWER. (A) Abandonment 56 -07 (1) All providers utilizing towers shall notify the City in writing of any tower facility located in the city whose use will be discontinued and of the date this use will cease. If the use of the facility is discontinued for one hundred eighty (180) days, the City Manager may declare the facility to be abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility's owner /operator will receive written notice from the City and be instructed to either reactivate the facility's use within one hundred eighty (180) days, or dismantle and remove the facility. (2) If reactivation or dismantling does not occur within that period, the City will remove that facility or cause it to be removed and assess the costs to the owner /operator. In the case of a multi -use tower, this provision does not become effective until all users cease use of the tower. However, the City may cause the abandoned portions of systems on the multi -use tower to be removed in accordance with this provision. (B) The City must provide the tower and property owner three (3) months notice and an opportunity to be heard before the Planning and Zoning Commission before initiating action to remove the facility. After this notice has been provided, the City shall have the authority to initiate proceedings either to acquire the tower and any appurtenances attached thereto at the then fair market value, or in the alternative, to order the demolition of the tower and all appurtenances. (C) The City shall provide the tower owner with the right to a public hearing before the Planning and Zoning Commission, which public hearing shall follow the three (3) month notice required in (B) above. All interested parties shall be allowed an opportunity to be heard at the public hearing. (D) After a public hearing is requested by the tower owner and held pursuant to (C), above, the Planning and Zoning Commission may recommend that the City Manager order the acquisition or demolition of the tower. The City may require the tower owner or former owner to pay for all expenses necessary to acquire or demolish the tower. RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 Ordinance No. 56 -07 Passed Page 17 , 20 § 99.09 NONCONFORMING TOWERS. 1 1 (A) Conforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall be deemed to be conforming uses or structures. This shall be the case even when new facilities are being added to a nonconforming installation, provided that any new facilities meet the requirements of this chapter. (B) Pre - existing towers. Pre - existing towers shall be allowed to continue their use as they exist as of the date of the adoption or amendment of this chapter. Routine maintenance (including replacement with a new tower of like construction and height serving the same purpose) shall be permitted on the pre- existing towers. A replacement tower must be constructed within one hundred eighty (180) days of removal of the initial facility unless the owner demonstrates that meeting this requirement is not possible due to reasons not reasonably within their control. New construction other than routine maintenance on a pre- existing tower shall comply with the requirements of this chapter. (C) Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding this section, nonconforming towers or antennas that are damaged or destroyed by actions outside the owner's control may be rebuilt without having to first obtain administrative or a conditional use approval. The type, height, and location of the tower onsite shall be of the same type and intensity as the original approved facility. The facility shall be constructed in accordance with the currently applicable building codes. Permits shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if an issued permit expires, the tower or antenna shall be deemed abandoned as specified in § 99.08. § 99.10 TEMPORARY WIRELESS COMMUNICATIONS FACILITIES. (A) General. Temporary wireless communications facilities may be approved as provided for in this chapter to: (1) Allow communications providers to administer limited frequency and modulation testing to evaluate system performance and the need for additional normally permitted wireless communications facility sites. Any approval shall not exceed two (2) days. (2) Allow communications providers to supplement communications coverage when a previously permitted wireless communications facility has become involuntarily non - operational through an accident or force majeure. Any approval shall not exceed thirty (30) days. 1 (3) Address a substantial increase in the communications needs of the residents and guests of the City for a limited period of time in circumstances where an emergency has been declared by the City, state or federal government. The approval shall not exceed fourteen (14) days. (4) Address a substantial increase in the communications needs of the residents and guests of the City for a limited period of time in circumstances when large conferences or special events are being held within the city limits. The approval shall not exceed ten (10) days (5) The Director may permit one (1) extension equal to the time periods permitted above, provided the extension is requested in writing prior to the expiration of the original period. Extensions may be granted RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 Ordinance No. 56 -07 Passed Page 18 20 provided the Director finds that the extension is reasonably necessary to resolve or accommodate the reasons for the original approval. 1 (B) Application and approval. (1) Authority to locate a temporary wireless communications facility in the city will be subject to the approval of the Director using the procedures of '', 99.06 (B)(2), following receipt of a completed application for a temporary wireless communications facility. (2) A temporary wireless communications facility may only be approved by the City for the limited purposes and times described in (A), above. (3) All approved temporary wireless communications facilities shall: (a) Not exceed seventy -five (75) feet in height (maximum extension). (b) Be set back a minimum of one hundred (100) feet from any adjoining or adjacent property line, as measured from the nearest part of any associated equipment. (c) Minimize the visual impact of ground equipment to adjoining or adjacent properties. (d) Provide temporary screening as may be required by the Director, such as available natural land formations, plant materials and natural foliage to effectively screen from view as much of the temporary wireless communications facility as reasonably possible. (e) Only begin being installed or made ready at the approved site forty -eight (48) hours before actual site use may begin. (f) Be completely removed from the approved site with all site restoration finalized within forty -eight (48) hours following the required termination deadline or extension. (g) Not use an electric, gas or other type of generator that causes or permits any noise to emanate from it in a manner, intensity and duration to create unreasonable noise or loud sound which is audible from a distance of fifty (50) feet, and causes inconvenience and annoyance to persons of ordinary sensibilities. 1 (h) Not be illuminated unless otherwise required by the FCC or the FAA. (i) Be required to comply with § 99.05(C) and all applicable federal, state or local laws. (4) Applications for the location of a temporary wireless communications facility shall meet the requirements of §§ 99.05(C)(1), plus the following: (a) A notarized statement from the owner of the real property upon which the temporary wireless communications facility is RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 Ordinance No. § 99.99 PENALTY. 56 -07 Page 19 20 proposed to be located that authorizes the location of the temporary wireless communications facility. 1 (b) A list of all property owners (and their addresses) adjacent to the proposed temporary wireless communications facility site. The City may require the applicant to provide adjacent property owners with a descriptive notice of the proposed temporary wireless communications facility and site plan. (c) Any other information that the Director may deem reasonably necessary to adequately evaluate the request. 1 1 (A) In addition to any other penalties set forth in this chapter, any person or permittee violating any section in this Chapter shall be guilty of a minor misdemeanor. Each day the violation continues shall be deemed a separate offense. (B) Nothing herein shall prevent the City from taking any other lawful action, including civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations. Section 2. Chapter 99 — WIRELESS TELECOMMUNICATION REGULATIONS of the Dublin Codified Ordinances is hereby repealed in its entirety and replaced. Section 3. This Ordinance is declared to be an emergency necessary for the immediate preservation of the public peace, health, safety or welfare, and for the further reason that the temporary moratorium for cell tower applications imposed with Ordinance 31- 07 expires on August 19, 2007. Therefore, the ordinance shall be in effect immediately upon passage. Passed this ZA day of f rt,,fo, ,,b , 2007. Mayor — Presiding Officer ATTEST: Passed Clerk of Council I hereby certify that copies of this Ordinance /Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Dep&� Clerk of Council, Dublin, Ohio Ordinance 56 -07 EXHIBIT 1 CURRENT CHAPTER 99 USE PROVISIONS Co- location on existing antenna New multi -user Alternative tower District support structures or towers tower (public or New tower single user structure* (public or (public or private) private property) private) All Residential Districts Administrative Conditional use Conditional use Administrative* Commercial Districts Administrative Special permit Conditional use Administrative* Industrial Districts Administrative Administrative Special permit Administrative* Planned Non - Residential Districts Administrative Conditional use Conditional use Administrative* SO and OLR Districts Administrative Special permit Conditional use Administrative* Exceptional Use Non - Conforming and Special Administrative Conditional use Conditional use Administrative* Districts Architectural Review District Conditional use and ARB Conditional use and Conditional use and Conditional use and approval ARB approval ARB approval ARB approval Ordinance 56 -07 EXHIBIT 1 PROPOSED CHAPTER 99 USE PROVISIONS New Tower Zoning District Co- Location Alternative Structure Multi -User Single User Residential Administrative Not Permitted Not Permitted Administrative Commercial (except Suburban Office and Institutional and Neighborhood Commercial) Administrative Conditional Use Conditional Use Administrative Suburban Office and Institutional; Neighborhood Commercial Administrative Not Permitted Not Permitted Administrative Limited and General Industrial Administrative Administrative Conditional Use Administrative OLR and Restricted Industrial Administrative Not Permitted Not Permitted Administrative Planned Districts (except Planned Industrial Park) Administrative Not Permitted Not Permitted Administrative Planned Industrial Park Administrative Administrative Conditional Use Administrative Architectural Review District Not Permitted Not Permitted Not Permitted Not Permitted Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1006 CITY OF DUBLIN_ Phone: 614 - 410 -4400 •Fax: 614 - 410 -4490 M e m o TO: Members of City Council FROM: Jane S. Brautigam, City Manager DATE: August 29, 2007 INITIATED BY: Steve Langworthy, Director of Land Use and Long Range Planning RE: Ordinance 56- 07(amended) - An Ordinance Amending Chapter 99 - Wireless Communication Facilities Summary This is a revision to the proposed major amendment to Chapter 99 Wireless Telecommunication Regulations that governs all towers, antenna support structures and wireless communication facilities in the City. Revisions were requested by representatives of AT &T and briefly discussed at the August 20, 2007 Council review. Staff has reviewed each of the modifications requested by AT &T and is recommending that several of them be included in the final document. Others are not recommended for approval as outlined below. A memo from the office of the Law Director is attached which confirms that the proposed changes are legally acceptable. A redlined version of Chapter 99 showing the proposed modifications is attached for Council's review. Proposed Modifications Recommended by Staff: Based on our review of the AT &T proposal and our review of the ordinance, staff is recommending that the following modifications to the ordinance be approved: (typographical changes are not included) § 99.04, Definitions, (B), Defined Terms: Height Change: Add language which would exclude "lightning arrest devices" from the computation of maximum height of the tower. Recommendation: This is a reasonable request in that it does not affect the height of the antennae, which is the most visible element of the tower, and is a necessary device for safe operation. § 99.05, General Requirements, (C), (1) Application, (j) Change: Reword to require "contact information" rather than "identification." Ord. 56 -07 Code Amendment- Chapter 99 Wireless Telecommunication 8 -29 -07 Page 2 of 3 Recommendation: The request was related to the potential carriers and their identification as such. The change is to make it clear that the information is needed to ensure that the carriers can be contacted to determine the validity of co- location or other issues. 99.05, General Requirements, (C), (1) Application, (1) Change: Delete "planned sites" from tower /antenna inventory. Recommendation: This is a reasonable request in that the language could be unfairly interpreted to require disclosure of future sites that may not have been identified publicly. The intent of the provision is to determine availability of already constructed or approved towers for co- location. § 99.05, General Requirements, (C), (2) Applications, (a) Change: Allow individual applications for multiple sites. Recommendation: The concern expressed was that one application that may be controversial could hold up the entire application, including sites that may be approvable. The change would still permit multiple towers to be included in a single application, but permit individual applications as well. § 99.06, Administrative Review, (B), (2) Administrative Approvals, (d) Change: Place time limits on administrative approval decisions and notification of decisions and provide appeal to the Board of Zoning Appeals if the time limit is not met. Recommendation: A concern was expressed that future administrative officials may use the provision for a "reasonable time" to unnecessarily draw out the process. A 90 day time limit for decisions is not unreasonable in that only administrative staff is involved. A ten day notice period to complete the written record and send out a notification is also reasonable. There are legal options available to an applicant should the administrative review not be completed within the time period. An appeal to the BZA with respect to acting within the time period would not be a suitable option in that the BZA does not have the authority to demand action from the City. § 99.06, Administrative Review, (B), (3) Appeals, (b) Change: Clarify that the written record required in the administrative review is to be made available to the Board of Zoning Appeals. Recommendation: This ensures that the individual appealing the decision has their portion of the record included in the information sent to the BZA. Given that this is an appeal process, rather than a new decision, added testimony to the BZA is not Ord. 56 -07 Code Amendment- Chapter 99 Wireless Telecommunication 8 -29 -07 Page 3 of 3 appropriate. Therefore, the written record is the only opportunity for the appellant to provide testimony. Requested Modifications Not Recommended The following modifications proposed by AT &T are not recommended for approval: § 99.05, General Requirements, (C), (4) Site Requirements, (a) Lot size and setback (i) Request: Allow the required setback to be measured from the tower to a residential structure, rather than from the tower to the property line. The inference is that the setback is mainly to separate the tower and its equipment from residential properties and that making the 100 foot setback apply to all districts unnecessarily restricts the tower location or suitability of the site. Comment: While a larger setback may limit the number of available sites, the setback measurement as originally proposed by staff provides a suitable distance from property lines to permit adequate open space between the tower and associated equipment and adjacent uses. In Dublin, the requirement does not unduly restrict the number of sites available for this use. § 99.05, General Requirements, (C), (3) Towers and Antennas, (f) Maximum Height Request: Permit a maximum height of 190 feet for all towers, rather than the scaled height for number of users, with a maximum of 140 feet. Comment: No change to the proposed language is recommended. This issue has been discussed with Jan Murphy, our consultant for these issues, and she has confirmed that the 140 foot maximum height is adequate, given our general topography and existing coverage. Antennas generally require a 15 foot separation, and this height would permit 4 users on a single tower, with the lowest, while not ideal, at an operational height. If in the future it is determined that the lower height standard may be unduly affecting the number of tower applications submitted, this issue could be revisited. Recommendation Approve Ordinance 56- 07(amended) by emergency at its second reading/public hearing on September 4, with recommended changes as noted. T SCHOTTENSTEIN ZOX &DUW..,o. MEMORANDUM TO Dublin City Council Jane S. Brautigam FROM Gregory J. Dunn DATE: August 29, 2007 RE: Ordinance No. 56 -07- Amending City of Dublin Codified Ordinances Chapter 99: Wireless Communications Facility LEGISLATION BACKGROUND The City of Dublin ( "City ") Land Use and Long Range Planning Division and the Law Department drafted a revision to Chapter 99 Wireless Communications Facility of the City Codified Ordinances. Chapter 99 governs all towers, antenna support structures and wireless communication facilities in the City. The amendments proposed include the following: • Modification of the maximum height of towers from two hundred (200) feet to one hundred forty (140) feet (when four or more antennas are planned) - single use towers, when permitted, could not exceed eighty (80) feet; and • Creation of a one hundred (100) foot setback for towers, measured from the property line. REQUESTED INFORMATION: City Council first addressed the proposed legislation at the August 6, 2007 Council meeting. At that time, the second reading /public hearing was set for August 20, 2007. At the August 20 meeting, City staff presented a letter from AT &T describing their position on the proposed legislation, including the two issues listed above. In light of this letter, the decision was made to table the second reading. Council requested the Law Department provide a legal review of the proposed amendments to Chapter 99, in particular regarding the two areas listed above. The Law Department has determined that it is within legal discretion to adopt the legislation as proposed RECOMMENDATION: The Law Department recommends approval of Ordinance No. 56 -07 CITY OF DUBLIN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1006 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 TO: Members of City Council FROM: Jane S. Brautigam, City ManagekTo—„ :5, DATE: August 16, 2007 INITIATED BY: Steve Langworthy, Director of Land Use and Long Range Planning Memo RE: Ordinance 56 -07 - Amending Chapter 99 Wireless Communication Facilities Summary This is a proposed major amendment to Chapter 99 Wireless Telecommunication Regulations that governs all towers, antenna support structures and wireless communication facilities in the City. Chapter 99 was adopted by City Council in 1997 and has not undergone any significant change since. Planning and Legal have drafted this revision for Council's consideration. Most changes were to the format to consolidate similar regulations. Significant changes to Chapter 99 include: • Lowering of the maximum height from 200 feet to 140 feet (when four or more antennas are planned). Single use towers, when permitted, could not exceed 80 feet. • A requirement to build towers that will accommodate more than one user (the current regulation makes this optional). • New limitations on new tower locations. Previously, new towers could be permitted in virtually any zoning district, including Residential Districts. The revision now prohibits new freestanding towers in Residential Districts, as well as a number of other Districts. • Establishment of an administrative review process. The previous Chapter 99 only made reference to an administrative approval without defining who the approving authority was or how reviews would be conducted. Recommendation The 90 -day, temporary moratorium on cell tower applications imposed with Ordinance 31 -07 will expire on August 19, 2007. Therefore, staff recommends adoption of Ordinance 56 -07 by emergency at the second reading/public hearing on August 20, 2007. CITY OF DUBLIN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1006 Phone: 614 - 410 -4400 • Fax: 614 -410 -4490 TO: Members of City Council Memo FROM: Jane S. Brautigam, City Manage(—To,, 5 (� DATE: July 31, 2007 INITIATED BY: Steve Langworthy, Director of Land Use and Long Range Planning RE: Ordinance 56 -07 - Amending Chapter 99 Wireless Communication Facilities Summary This is a proposed major amendment to Chapter 99 Wireless Telecommunication Regulations that governs all towers, antenna support structures and wireless communication facilities in the City. Chapter 99 was adopted by City Council in 1997 and has not undergone any significant change since. Planning and Legal have drafted this revision for Council's consideration. Most changes were to the format to consolidate similar regulations. Significant changes to Chapter 99 include: • Lowering of the maximum height from 200 feet to 140 feet (when four or more antennas are planned). Single use towers, when permitted, could not exceed 80 feet. a A requirement to build towers that will accommodate more than one user (the current regulation makes this optional). • New limitations on new tower locations. Previously, new towers could be permitted in virtually any zoning district, including Residential Districts. The revision now prohibits new freestanding towers in Residential Districts, as well as a number of other Districts. • Establishment of an administrative review process. The previous Chapter 99 only made reference to an administrative approval without defining who the approving authority was or how reviews would be conducted. Recommendation Staff recommends approval of Ordinance 56 -07 at the second reading/public hearing on August 20, 2007.