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HomeMy WebLinkAbout541_Declaring 60 day Moratorium on Antenna Structuresdeclaring 60 day moratorium on antenna structures 28 06/18 97 14 5926 1 45- 16 22 2 CL 74055 CITY OF OW ASSO ORDINANCE NO. 541 OK Owasso 180 Box P.O City of OW~.3S0 AN ORDINANCE DECLARING A SIXTY (60) DA Y MORATORIUM, PROHIBITING THE CONSTRUCTION OF, OR ISSUANCE OF PERMITS FOR, NEW STRUCTURES OR THE MODIFICATION OF EXISTING STRUCTURES USED TO SUPPORT ANTENNAS; PROVIDING FOR PENALTIES FOR VIOLATION THEREOF; AND DECLARING AN EMERGENCY. in the amount of City of Owasso and industrial, and office few months WHEREAS, the City Council has been advised that an increase permission to construct communication towers in the Tulsa metropolitan area, including in residential, agricultural zoned districts, is likely the next -. --' \.,0 Telecommunications Act of 1996 in connection with the commercial WHEREAS, the federal government has enacted the places certain restrictions and obligations on local governments regulation telecommunications industry: and \.C' ~;: en ,-' the WHEREAS, the provisions of the Zoning Code of the City of Owasso, Chapter 10 Section 1004, pertaining to the regulation of antennas and their supporting structures, have not been reviewed since the adoption of the Telecommunications Act of 1996 and did not contemplate the proliferation of communication towers that is now anticipated to occur in WHEREAS, 011 February 13, 1997, the Tulsa Metropolitan Area Planning Commission ("TMAPC") and the Indian Nations Council of Governments ("INCOG"), of membership in both organizations is held by the City of Owasso, commenced a study and review applicable zoning regulations respecting installation, operation, and removal of communication tower facilities; and the TMAPC and INCOG anticipate issuing their recommendations as to to existing zoning ordinances and additional zoning regulations within the next sixty days: and WHEREAS changes calendar it is the desire of the City Council to review recommendations and the zoning ordinances as soon as possible so the City Council can to the ordinances and lift the moratorium prior to the calendar days: and changes sixty (60) WHEREAS proposed changes to review and implement expiration next ) of, or issuance of permits for are used primarily to support are in excess of thirty feet (30 present regulations: and WHEREAS, a moratorium prohibiting the construction new structures or the modification of existing structures which antennas, whether as a principal or accessory use, and which' is necessary while the City conducts the study of it~ IS ordinance WHEREAS, the City Council finds that the moratorium imposed by this necessary the protection of the public, peace safety, and welfare health THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, THAT That a moratorium prohibiting the construction of, or issuance of permits for, new structures or the modification of existing structures whIch are used primarily to support antennas, whether as a principal or accessory use, and which are in excess of thirty feet (30') in height, is hereby declared and established for a period of sixty (60) days from and after the effective date of this ordinance in all residential, office, commercial, industrial. and agricultural zoned districts within the City of Owasso 1 Section Any property owner or other party who violates the moratorium established by this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00), excluding court costs, and/or thirty (30) days imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense 2 Section This moratorium shall not apply to any zoning application which was filed and also deemed to be complete prior to the effective date of this moratorium ~ u"') The establishment of finelimprisonment under authority of this ordinance shall not be construed as the exclusive penalty and shall not prevent the City of Owasso from seeking appropriate legal remedies the District Courts of Tulsa County 4 , (''1 ......-, N 0", Nothing herein shall preclude or prohibit the filing of an application with the Board of Adjustment for a special exception for the use of property in residential, office, and agricultural zoned districts or areas for a tower, provided notice shall not be given and a public hearing on such application shall not be scheduled during the moratorium That an emergency is hereby declared to exist for the preservation of the public peace, health, and safety, by reason whereof this ordinance shall take effect immediately from and after its passage, approval, and publication March, 1997 Oklahoma day of this 18th PASSED AND APPROVED CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 541 AN ORDINANCE DECLARING A SIXTY (60) DAY MORATORIUM, PROHIBITING THE CONSTRUCTION OF, OR ISSUANCE OF PERMITS FOR, NEW STRUCTURES OR THE MODIFICATION OF EXISTING STRUCTURES USED TO SUPPORT ANTENNAS; PROVIDING FOR PENALTIES FOR VIOLATION THEREOF; AND DECLARING AN EMER- GENCY. PASSED AND APPROVED this 18th day of March, 1997. CITY OF OWASSO, OKLAHOMA Is! Danny Ewing Danny Ewing, Mayor (SEAL) ATTEST: Is! Marcia Boutwell Marcia Boutwell, City Clerk APPROVED AS TO FORM: Is! Ronald D. Cates Ronald D Cates, City Attorney OWASSO REPORTER STATE OF TULSA COUNTY, ss: Bill R. RE of lawful age, being sworn and authOJ says that he is the of the Owasso R( ter, a newspaper in the of iSSO, Tulsa a news- paper qua. d to legal notices, advertise- ments and lications as in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and and complies with aU other of the laws of Oklahoma with reference to legal s. That saie , a true copy of which is attached wa hed in the regular edition of said newspaper the and time of and not on the following dates: THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR ORDINANCE NO. 541 - ESTABLISHING A SIXTY (60) DAY MORATORIUM ON TIlE CONSTRUCTION OR MODIFICATION OF COMMUNICATION TOWERS 1997 March 13 BACKGROUND: two years ago, and again August 1996, the FCC auctioned off to the highest the right to exclusively occupy and use defined portions of the radio airways spectrum. a result of these actions and the subsequent enactment of the 1996 Telecommunications Act numerous telecommunications have been by Congress companies created significant portion of these new companies are establishing wireless networks all across the United States, in an attempt to provide the next generation cellular phone technology or Personal Communication Services (PCS) a PCS is to existing cellular telephone service with the exception that it is operated at higher frequency - thus resulting in a technical requirement of double the communications facilities have supported cellular technology. As a result, an onslaught of tower applications is anticipated throughout much of the United States ZONING REGULATIONS the City of Owasso's Zoning Code is inadequate to address land issues 1996 Federal Communications Act and PCS technical needs. Currently, towers are permitted by right any commercial or industrial district in Owasso, subject to setback requirements. In all other areas (residential, office, and agriculture), towers are permitted only if a Special Exception is received through the Board of concerns are as follows Various types of towers exist (monopole, lattice, guy-wired) today and consideration should be given to restricting those that are aesthetically challenged Staff Memorandum Moratorium for Communication Towers 3 Page 2 Owasso Expressway is zoned for should be given to preserve the industrial uses, consideration the intrusion of towers land abutting As a majority of the commercial and/or 2 to screel1lng criteria for the Board of Adjustment to towers Consideration should be given setbacks types corridor from not consider regarding communication establish minimum standards for appropriate colors contain Zoning Code does The 3 height no requirement to design towers singularly the best way to minimize signage, and The Zoning Code contains multiple users lighting 4 number to accommodate the This may be communication towers. towers Issues of abandoned The Zoning Code contains no up to date definitions relating to associated with cellular PCS antenna towers and antennas the removal not require Zoning Code does 5 OW ASSO CAN AND CANNOT DO Telecommunications Act states "Except as provided (herein), nothing in this act or affect the authority of a State or local government or instrumentality thereof over regarding the placement, construction, and modification of personal wireless service facilities." The Act does, however, place three important limitations on local governments cities may not "unreasonably discriminate among providers of functionally services," 2) cities may not "prohibit or have the effect of prohibiting the personal wireless services," and 3) cities may not regulate personal wireless basis of the environmental effects of radio frequency emissions to the extent facilities comply with the (FCC regulations concerning such emissions " this memorandum and recent action by the City of establishing a m order to update and redefine their zoning code, staff feels best interest of the Council to establish a sixty (60) day moratorium concerning and/or modification of communication towers. Because the City of Tulsa has a moratorium prohibiting towers, it is quite likely that communication to Owasso and other communities in which to locate their towers contained within moratoriu concerns Memorandum Conmmnication Towers 3 Page 3 is established, staff be conducting a thorough review of the Owasso Zoning Code as it relates to communication towers, monitoring similar efforts in the Tulsa area, and attending a conference Dallas, Texas regarding changes would then be presented to the Planning Commission tower placement and Council for establishing a moratorium on RECOMMENDATION Staff recommends Council approval of Ordinance No. 541 and/or modification of communication towers thus the staff recommends immediately Furthermore, the ordinance to take effect allowing an emergency clause passage, the after A TT ACHMENTS/ENCLOSURES Ordinance No. 541 1