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HomeMy WebLinkAbout57-07 OrdinanceRECORD OF ORDINANCES Dayton L Bl In Form No 30043 Ordinance No. 57 -07 Passed AN ORDINANCE AMENDING PORTIONS OF THE ZONING CODE RELATED TO WIRELESS TELECOMMUNICATION REGULATIONS, AND DECLARING AN EMERGENCY 1 1 n 20 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, Section 153.096 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 design and architectural appearance of wireless communication structures have an impact on the overall quality of the City of Dublin; 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, the Planning and Zoning Commission reviewed the Ordinance June 7, 2007, and recommends the adoption of the Ordinance because it serves to improve the health, safety and welfare of the citizens of the City of Dublin; NOW, THEREFORE, BE IT ORDAINED by Council of the City of Dublin, State of Ohio, = of the elected members concurring that: Section 1. The following sections of the Dublin Zoning Code are hereby deleted: § 153.019 Rural District, (B)(7), § 153.021 Limited Suburban Residential District, (B)(2), § 153.022 R -3 Suburban Residential District, (B)(2), § 153.023 R -4 Suburban Residential District, (B)(2), § 153.024 Two - Family Residential District. (B)(2), § 153.025 Urban Residential District(13)(4), § 153.031 Restricted Industrial District. (B)(3), § 153.026 Suburban Office And Institutional District(B)(6), § 153.027 Neighborhood Commercial District(B)(3), § 153.028 Community Commercial District(A)(5), § 153.029 Central Community Commercial District(B)(3), § 153.030 Central Business District(B)(4), § 153.031 Restricted Industrial District (13)(3), and § 153.033 General Industrial District(B)(3). Section 2 . Section 153.096(B) COMMUNICATION TOWERS FOR COMMUNICATION DISTRIBUTION SYSTEMS, existing section is hereby deleted and replaced in its entirety as follows: Fee. A non - refundable fee as set forth from time to time by ordinance shall be paid to the municipality for an application for a communication tower regulated by this chapter and by Chapter 99 of the Dublin Code of Ordinances; and RECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 1 Ordinance No. 57 -07 Passed Page 2 20 Section 3. Section 153.096(C) COMMUNICATION TOWERS FOR COMMUNICATION DISTRIBUTION SYSTEMS, is hereby added and shall provide as follows: (C) Wireless Communications Facilities shall be as defined and governed by Chapter 99 of the Dublin Code of Ordinances. Section 4. 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 4ffa day of r , 2007. Mayor — Presiding Officer ATTEST: 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. e uty Clerk of Council, Dublin, Ohio CITY OF DUBLIN. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1006 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 Memo TO: Members of City Council FROM: Jane S. Brautigam, City Manager DATE: August 16, 2007 INITIATED BY: Steve Langworthy, Director of Land Use and Long Range Planning RE: Ordinance 57 -07, Amending Various Code Sections Related to Communication Towers for Communication Distribution Systems. (Wireless Communication Facilities — Code Update — Case No. 07-041 ADM) Summary This request is generated by 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. Portions of Chapter 99 refer to requirements of the Zoning Code, including listing districts where the facilities are permitted as a conditional use. This amendment will delete all Zoning Code references to these facilities in the individual districts and incorporate a single reference to Chapter 99 for wireless communication facilities. The proposed changes do not exempt or otherwise change the ability of the City to govern these facilities through zoning. The purpose is solely to consolidate all regulations into a single Code chapter. This code change was approved by the Planning and Zoning Commission on June 21, 2007. A separate revision to Chapter 99 is also being submitted for Council review. 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 57 -07 by emergency at the second reading/public hearing on August 20, 2007. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1006 CITY OF DUBLIN. Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 TO: Members of City Council FROM: Jane S. Brautigam, City Manager DATE: August 2, 2007 Memo INITIATED BY: Steve Langworthy, Director of Land Use and Long Range Planning RE: Ordinance 57 -07, Amending Various Code Sections related to Communication Towers for Communication Distribution Systems. (Wireless Communication Facilities — Code Update — Case No. 07-041 ADM) Summary This request is generated by 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. Portions of Chapter 99 refer to requirements of the Zoning Code, including listing districts where the facilities are permitted as a conditional use. This amendment will delete all Zoning Code references to these facilities in the individual districts and incorporate a single reference to Chapter 99 for wireless communication facilities. The proposed changes do not exempt or otherwise change the ability of the City to govern these facilities through zoning. The purpose is solely to consolidate all regulations into a single Code chapter. This code change was approved by the Planning and Zoning Commission on June 21, 2007. A separate revision to Chapter 99 is also being submitted for Council review. Recommendation Staff recommends adoption of Ordinance 57 -07 at the second reading/public hearing on August 20, 2007. CITY OF DUBLIN. Land Use and Lang Range Planning 5800 Shier -Rings Road Dublin, Ohio 43016 -1236 Phone: 614 -410 -4600 Fax: 614 - 410.4747 Web Site: www.dublin.oh.us PLANNING AND ZONING COMMISSION RECORD OF ACTION JUNE 7, 2007 The Planning and Zoning Commission took the following action at this meeting: 2. Wireless Communication Facilities Code Update 07 -041 ADM Request: Review and approval of modifications to Code Sections related to Communication Towers for Communication Distribution Systems. Planning Contact: Steve Langworthy, Director. MOTION: To approve this Administrative Request because the modifications to the Zoning Code will facilitate needed changes to the regulations pertaining to wireless communication facilities. VOTE: 5-0. RESULT: This Administrative Request was approved. STAFF CERTIFICATION Garo. Gunderman Planning Manager Dublin Planning and Zoning Commission June 7, 2007 — Meeting Minutes Page 8 of 15 2. Wireless Communication Facilities - Code Update 07- 041ADM There was no discussion or presentation given for this case and no audience or Commission comments. Motion and Vote Mr. Gerber made a motion to approve the proposed changes and forward this Code Update to City Council. Mr. Zimmerman seconded the motion. The vote was as follows: Mr. McCash, yes; Mr. Walter, yes; Ms. Amorose Groomes, yes; Mr. Zimmerman, yes; and Mr. Gerber, yes. (Approved 5 — 0.) CITY OF DUBLIN- Land Use and Long Range Planning 5800 Shier -Rings Road Dublin, Ohio 43016 -1236 Phone: 614 -410 -4600 Fax: 614 -410 -4747 Web Site: www.duhlin oh -us PLANNING REPORT DUBLIN PLANNING AND ZONING COMMISSION JUNE 7, 2007 SECTION I - CASE INFORMATION 2. Wireless Communication Facilities Code Update 07- 041ADM Request: Review and approval of modifications to Code Sections related to Communication Towers for Communication Distribution Systems. Planning Contact: Steve Langworthy, Director. Case Summary This request is generated by 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 is a police power ordinance, adopted by City Council in 1997 and has not undergone any significant change since. Portions of Chapter 99 refer to requirements of the Zoning Code, including listing districts where the facilities are permitted as a conditional use. This amendment will delete all Zoning Code references to these facilities in the individual districts and incorporate a single reference to Chapter 99 for wireless communication facilities.. The proposed changes do not exempt or otherwise change the ability of the City to govern these facilities through zoning. The purpose is solely to consolidate all regulations into a single Code chapter_ Chapter 99 is not required to be reviewed by the Planning and Zoning Commission. SECTION II - REVIEW STANDARDS Case Procedure Code Section 153.232(B) grants the Planning and Zoning Commission the ability to review "amendments to the zoning map and to the zoning ordinance and recommendation of action to Council." The Commission should review the modifications, provide input where necessary, Planning and Zoning Commission June 7, 2007 Planning Report Case No_ 07- 041ADM Page 2 of 5 and vote on the changes. The draft amendments will then be forwarded to City Council for final review and approval. Analysis Zoning Code Tower References: The amendments to the Zoning Code are necessary to implement proposed changes to Chapter 99 Wireless Telecommunication Regulations. The first amendment removes references to these facilities from the individual districts. Another amendment provides a direct reference to Chapter 99. This change does not remove or otherwise affect the conditional use process; it simply consolidates all tower regulations into one location. Chapter 99 Tower Approvals: The most significant effect of the amendment to Chapter 99 is the review process to be used for new towers, collocated towers, and alternative structures. The current Chapter 99 permits all towers in every zoning district in the city; some by administrative approval, others by conditional use or special permit. The amendment to Chapter 99 prohibits towers in some districts and limits where new towers will be considered in others. For example, in Residential Districts new towers were permitted by conditional use. With the amendment new towers will not be permitted; only additional antennas to already existing towers or "alternative" structures (antennas located on power line towers, water towers, etc.) may be requested. The existing and proposed use charts of Chapter 99 have been included in this report. Other Requirements: Other significant changes in Chapter 99 include: • Lowering of the maximum height from 200 feet to 140 feet (when four or more antennas are planned) • A requirement to build towers that will accommodate more than one user (the current regulation makes this optional). • Establishment of an Administrative Review Team and 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. Zoning Code Amendments Delete the following sections and renumber as necessary: § 153.019 Rural District, (13)(7) § 153.021 Limited Suburban Residential District, (13)(2) § 153.022 R -3 Suburban Residential District, (B)(2) § 153.023 R -4 Suburban Residential District, (B)(2) § 153.024 Two- Family Residential District. (13)(2) § 153.025 Urban Residential District(B)(4) Planning and Zoning Commission June 7, 2007 Planning Report Case No. 07 -041 ADM Page 3 of 5 § 153.031 Restricted Industrial District. (13)(3) § 153.026 Suburban Office And Institutional District(B)(6) § 153.027 Neighborhood Commercial District(B)(3) § 153.028 Community Commercial District(A)(5) § 153.029 Central Community Commercial District(B)(3) § 153.030 Central Business District(B)(4). § 153.031 Restricted Industrial District (B)(3) § 153.033 General Industrial District(B)(3). Amend § 153.096 COMMUNICATION TOWERS FOR COMMUNICATION DISTRIBUTION SYSTEMS, paragraph (B) to read in full as follows: (B) Fee. A non - refundable fee as set forth from time to time by ordinance shall be paid to the municipality for an application for a communication tower regulated by this chapter and by Chapter 99 of the Dublin Code of Ordinances. Amend § 153.096 COMMUNICATION TOWERS FOR COMMUNICATION DISTRIBUTION SYSTEMS, to add a new paragraph (C) to read in full as follows: (C) Wireless Communications Facilities shall be as defined and governed by Chapter 99 of the Dublin Code of Ordinances. SECTION III — PLANNING OPINION AND RECOMMENDATION In Planning's opinion, the proposed modifications to the Zoning Code will facilitate much needed changes to the regulations pertaining to wireless communication facilities. Planning recommends that the Commission recommend approval of the proposed changes to City Council. CURRENT CHAPTER 99 USE PROVISIONS Co- location on existing antenna New multi -user New tower single Alternative tower structure * District support structures or towers (public tower (public or user (public or private) or private) private property) 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 Administrative Conditional use Conditional use Administrative* and Special Districts Architectural Review District Conditional use and ARB approval Conditional use and Conditional use and Conditional use and ARB ARB approval ARB approval approval Planning and Zoning Commission June 7, 2007 Planning Report Case No. 07 -041 ADM Page 5 of 5 PROPOSED CHAPTER'99 USE PROVISIONS I 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 Administrative Not Permitted Not Permitted Administrative Commercial Limited and General Industrial Administrative Administrative Conditional Use I Administrative OLR and Restricted Industrial Administrative i 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 1 _ Not Permitted Not Permitted Not Permitted Not Permitted