Title
Ordinance No. 20-29 amending Chapter 7 (Planning, Development and Building) of City Code revising all references to include Small Cell Facilities and Wireless Communication Facilities (WCF) from Commercial Mobile Radio Service (CMRS)
(Legislative)
Presenter:
Morgan Hester, Principal Planner
Peter Wysocki, Director of Planning and Community Development
Body
Summary:
The proposed ordinances amend City Code Chapter 7 related to Wireless Communication Facilities (WCF), currently referenced as CMRS (Commercial Mobile Radio Service), and Small Cell Facilities. The ordinances will both amend existing regulations for WCFs and establish regulations specific to Small Cell Facilities. The ordinances also codify requirements that are compliant with the Federal Spectrum Act (47 USC ? 1455).
Expansion on the proposed ordinances is found in the following sections of this report. The full language of the proposed ordinance amendments are attached.
Previous Council Action:
On August 26, 2019, representatives from the Planning Department, Office of Innovation, and the Office of the City Attorney presented at City Council Work Session to provide an overview on 5G technology including what it is and how it works, what Federal and State regulations are in place and how they impact local municipalities, and information on forthcoming City regulations.
The four proposed ordinances were introduced to City Council at the April 27, 2020 Work Session. As understood by Staff, the following questions came from general discussion at the meeting -
* Question - Will Home Owner's Associations have involvement in the WCF and Small Cell Facility application processes as it pertains to meeting private covenants?
o Staff Response - The City Attorney's Office has advised against incorporating review by owners' associations. Incorporating review by owners' associations may result in legal challenges due to "shot-clocks" or actions by the association, which may not ...
Click here for full text