WIRELESS ORDINANCE Proposed Revisions

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WIRELESS ORDINANCE Proposed Revisions

• Planning Commission
• April 23, 2008

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Reason for Amendment

• City Council direction
• More consistency with recent court rulings

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TCA Limitations

• The City cannot
• Impose barriers to provision of wireless services
  
• Regulate on the basis of environmental effects

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Key Changes

• Findings changed from necessary to provide
  service to
• Necessary to fill a significant gap in the
  service area,
• Least intrusive means of filling the gap.

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Key Changes

• AUP C-2, M, and MM Districts
• Simpler process and fewer findings for projects
  that do not impact residential neighborhoods
• UP All other Zoning Districts

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Key Changes

• Fewer findings required if on a major street
  
• Least intrusive means of filling the gap is
  not required if transmissions are directed away
  from residentially-zoned properties.

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Key Changes

• Elimination of the ability for the City to
  require co-location
• Removal of the threat of criminal sanctions
• Elimination of Councils power to remand appeals
  of Use Permits to the Zoning Adjustments Board

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New Changes

• Reasons for proposed facility - Add capacity
  shortfall to significant gap in service area
• View corridors Change to impair view
  corridor, rather than be in a direct line of
  sight..adversely affect a scenic vista.
  Eliminate reference to impacts on historical or
  archeological resource
• Delete the non-detriment finding

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Next Steps

• Public Hearing
• Discussion/Direction
• Action can be taken or ordinance can be brought
  back to Commission