31-07 OrdinanceRECORD OF ORDINANCES
I Dayton Legal B lank, Inc Form No 30043
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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.
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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.