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HomeMy WebLinkAbout1996-10-22 Public hearingNOTICE OF PUBLIC HEARINGS Notice is hereby given that public hearings will be held by the City Council of iowa City, Iowa, at 7:00 p.m. on t13e 22nd day of October, 1996, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa A ' Iowa; at which hearings the Council will sider: n ordina. n. ce amending Title 14, Chapter 7 ntitled Land Subdivisions," Article A, entitled "General Subdivisions," Section 4, entitled "Establishment of Control," pertaining to City review of subdivisions located within two miles of the City's boundaries. 2. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article M, entitled "Accessory Uses and Buildings," Section 1, entitled "Permitted Accessory Uses and Buildings," to allow satellite receiving devices smaller than one meter in diameter in any yard or on the roof of any structure in residential areas. 3. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article I, entitled "Public Zone," Subsection 4, entitled "Special Exceptions," to allow communications towers as a special exception in the P, Public Zone. 4. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," to add definitions associated with wireless communications facilities, including "communications tower," or "communications equipment building" and "communications station." Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishir~g to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Robert Miklo, St. Planner. 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. AN ORDINANCE AM ENDING TITLE 14, CHAP- TER 7, ENTITLED "LAND SUBDIVISIONS" ARTICLE A, ENTITLED "GENERAL SUBDIVI- SION PROVISIONS," SECTION 4, ENTITLED "ESTABLISHMENT OF CONTROL," PERTAIN- ING TO CITY REVIEW' OF SUBDIVISIONS LOCATED WITHIN TWO MILES OF THE CITY'S BOUNDARIES. WHEREAS, the City of Iowa City and John- son County have entered into a 28E Agree- ment, known as the Fringe Area Agreement, pertaining to regulation of subdivisions within two miles of the ciw's corporate limit; and WHEREAS, the Fringe Area Agreement speci- fies that when new areas are annexed into the City, the City will consider whether or not to expand the fringe area for application of subdi- vision regulations in consultation with the County, rather than expanding it automatically; and WHEREAS, it is necessary to amend the subdivision provisions of the City Code to be consistent with the Fringe Area Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 14, Chapter 7, entitled "Land Subdivisions" Article A, entitled "Gen- eral Subdivision Provisions," Section 4, entitled "Establishment of Control." Subsection B is hereby repealed. 2. Title 14, Chapter 7, entitled "Land Subdivisions" Article A, entitled "Gen- eral Subdivision Provisions," Section 4, entitled "Establishment of Control." Subsection B is hereby emended to read as follows: Pursuant to section 354.9, Code of Iowa, as emended, all subdivisions located within two miles of the City's corporate boundaries shall be subject to City review and appr0va!, except for those areas exempt from such review Ordinance No. Page 2 pursuant to the Johnson County/iowa City Fringe Area Agreement. (1978 Code, editor's note to Chapter 31). SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed end approved this __ day of ,19 MAYOR ATTEST: CITY CLERK City of Iowa City MEMORANDUM Date: September 19, 1996 To: Planning and Zoning Commission Form: Robert Miklo, Senior Planner Re: Subdivision Regulations 14-7A-4:B, review of subdivisions within 2 miles The recently adopted Johnson County/Iowa City Fringe Area Agreement specifies that the City will not automatically extend its review authority over subdivisions within two miles of the city, but will consult with the County at the time properties are annexed and determine if the 2-mile fringe should be extended. The subdivision regulations need to be amended to reflect this agreement. The current language of the subdivision regulations is shown below with recommended amendments shown in bold print. When annexations are reviewed by the City, the County will be given an opportunity to comment on the extension of the two mile fringe area. On a case by case basis the City will then determine if the fringe area should be extended. Staff will maintain a map of the fringe area which will depict any areas that are within two miles of the city, but which are exempt from City subdivision review according to the agreement with the County. STAFF RECOMMENDATION: Staff recommends that section 14-7A-4:B of the subdivision provisions of the City Code be amended to read as follows: Pursuant to section 354.9, Code of Iowa, as amended, all subdivisions located within two (2) miles of the City's corporate boundaries, except for those areas expressly exempt from such review pursuant to the Johnson County/Iowa City Fringe Area Agreement, shall be subject to City review and approval. (1978 Code, editor's note to Chapter 31) Attachment: Johnson County/Iowa City Fringe Area Agreement _Ka)rm Franklin, Director Department of Planning and Commur]ity Development NOTICE OF PUBLIC HEARINGS Notice is hereby given that public hearings will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 22nd day of October, 1996, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearings the Council will consider: 1. An ordinance amending Title 14, Chapter 7 entitled "Land Subdivisions," Article A, entitled "General Subdivisions," Section 4, entitled "Establishment of Control," pertaining to City review of subdivisions located within two miles of the City's ,.,iundaries' n ordinance amending Title 14, Chapter entitled "Zoning," Article ,M,, entitled ~ "Accessory Uses and Buildings, Section 1, entitled "Permitted Accessory Uses and Buildings," to allow satellite receiving devices smaller than one meter in diameter in any yard or on the roof of any structure in residential areas. 3. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article I, entitled "Public Zone," Subsection 4, entitled "Special Exceptions," to allow communications towers as a special exception in the P, Public Zone. 4. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," to add definitions associated with wireless communications facilities, including "communications tower," or "communications equipment building" and "communications station." Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: John Yapp, Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED 'ZONING," ARTICLE M, ENTI- TLED "ACCESSORY USES AND BUILDINGS," TO AMEND THE LOCATION RESTRICTIONS OF SATELLITE RECEIVING DEVICES. WHEREAS, the Telecommunications Act of 1996 and the Federal Communications Commission preempt local zoning codes regu- lating the location of satellite receiving devices smaller then one meter in diameter in residen- tial zones; and WHEREAS, satellite receiving devices smaller than one meter in diameter shall be permitted in any yard or on the roof of any structure in residential zones; and WHEREAS, satellite receiving devices larger than one meter in diameter shall continue to be restricted to the rear yard in residential zones; and WHEREAS restricting satellite receiving devices larger than one meter in diameter to the rear yard will help ensure adequate light and air movement, and maintain accessibility to the side and front yards. NOW, THEREFORE, BE IT-ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Chapter 6, entitled "Zoning," Article M, entitled "Accessory Uses and Buildings," Section 1, Subsection B3, of the Iowa City City Code is hereby amended to read as follows: 3. Communications towers and satellite receiv- ing devices, provided the following conditions are met: 1. Communications towers and satellite receiving devices larger than one meter in diameter in residential zones provided they shall not be located in the area between the street and the principle building, within the required side yard or on the roof of any building. Ordinance No. Page 2 2. Satellite receiving devices smaller than one meter in diameter in residential zones may be located in any yard or on the roof of any structure. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION iV. EFFECTIVE DATE, This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,19 MAYOR ATTEST: CITY CLERK Ap City of Iowa City MEMORANDUM Date: September 19, 1996 To: Planning & Zoning Commission From: John Yapp Re: Telecommunications Act of 1996 In February 1996 the Telecommunications Act (TA) of 1996 was signed into law after bipartisan support from both the House and the Senate. The TA is meant to benefit the telecommunications industry and the public by opening up and expanding markets, and allowing increased competition among service providers. In theory, this will spur technological advances, and increase access to wireless services for the consumer as well as schools, businesses, and government. The TA also has specific impacts on local governments zoning authority, and requires that the local government establish a legislative history of how it regulates telecommunications facilities. The purpose of this memorandum is to outline options for changes Iowa City may need to make in its Zoning Code to conform with the TA, and to help form a legislative history of telecommunica- tions facilities regulations. Zoning regulations which need to be considered for amendment pertain to satellite dishes and communications towers. Satellite Dishes The TA extended an existing Federal Communications Commission pre-emption of local zoning authority for direct broadcast satellite (DBS) dishes. The act applies two sets of standards for DBS dishes, depending on the diameter of the dish. Dishes one meter or less in diameter in residential areas and two meters or less in commercial and industrial areas may not be regulated by local zoning regulations. Any zoning regulations affecting the dishes are automatically presumed to be unreasonable, and may not be enforced. The act allows local governments to petition the FCC and argue that regulations over the placement of small DBS dishes is justified based on health or safety, but the regulation could not be enforced until FCC approval is given. Even if the FCC finds that a regulation does not advance a necessary health or safety objective, a local government still may petition the FCC for a waiver if it can be demonstrated that extraordinary circumstances, such as a desire to preserve the historic character of a neighborhood, can be demonstrated. However, the burden of proof is on the local government to show that small satellite dishes should not be located in certain areas. The second set of standards applies to large dishes, or dishes over one meter in diameter in residential areas and over two meters in diameter in commercial and industrial areas. Regulations affecting large dishes are preempted by the FCC unless the locality demonstrates a "reasonable relationship" between the regulation and health safety or aesthetic objectives. Those objectives need to be detailed in the ordinance itself or made clear in the legislative history of the ordinance. Large DBS dishes raise both aesthetic and safety concerns for neighborhoods if they were to be allowed in the front and side yards. Yards are established around residential structures to ensure adequate light and air movement, to allow easy access to all sides of the structure, and to help maintain a feeling of openness in the neighborhood. Allowing large DBS dishes in the front and side yards will compromise these goals. Currently the City code only allows satellite dishes as an accessory use in the rear yard in residential areas. Section 14*6M-lB3 states the accessory uses may include "communication 2 towers and satellite receiving devices, provided they shall not be located in the area between the street and the principal building, within the required side yard, or on the roof of any building." Staff proposes that in order to comply with the TA, this section of the code be amended to permit small satellite receiving devices as an accessory use without locatiohal conditions, and that large satellite receiving devices and communication towers continue to be restricted to the rear yard for aesthetic and safety reasons. Staff proposes the following language be adopted in Section 14-6M-lB: Communication towers and satellite receiving devices, provided the following conditions are met: Communication towers and satellite receiving devices larger than one meter in diameter in residential areas and two meters in diameter in commercial areas shall not be located in the area between the street and the principal building, within the required side yard or on the roof of any building. Satellite receiving devices smaller than one meter in diameter in residential areas and two meters in diameter in commercial areas may be located in any yard or on the roof of any structure. Incidentally, the National League of Cities, the National Trust for Historic Preservation, and many state municipal leagues have filed a joint petition for reconsideration of the FCC satellite dish zoning pre-emption order. The Chairman of the FCC has stated, however, that "implementation of the act in a pro-competitive and timely fashion is the FCC's principal task." One option for Iowa City might be to wait and see if the joint petition has an affect on the pre-emption of local zoning authority. Communications Towers Cellular (wireless) communication use is rising at an exponential rate in the United States. The number of towers needed nationally is expected to rise from the present 18,000 to over 100,000 by the year 2000. Cellular technology is based on a network of shod-range sites with a fixed capacity, and a carrier can only successfully deliver service if its antennas are dispersed throughout the service area and are numerous enough to handle all potential calls. The trend is for cell sites to be smaller and more dispersed in urban areas, la~ger (taller) and less numerous in rural areas. One cellular facility currently exists on the roof of the Holiday Inn near the center of Iowa City and plans for another tower are being investigated for the City High property. The Telecommunications Act of 1996 preserves local government power to regulate the placement, construction, and modification of towers and associated facilities, but prohibits any land use regulations which directly or indirectly prohibit the provision of any wireless/cellular communication service. In addition, the TA requires that any decision denying a request to locate a wireless tower must be in writing and substantiated by evidence, and local governments are no longer able to make zoning decisions based on the environmental effects of radio frequency emissions, as long as the facility is in compliance with FCC emissions regulations. The Iowa City Code currently allows communication towers by special exception in the Interim Development (ID) Research Development Park (RDP), and Office and Research Park (ORP) zones, provided the towers are located "at least as far away from lot lines as their height above grade." Towers are allowed as provisional uses in the industrial zones (I-1, I-2), provided the 3 "towers distance from an R zone shall be at least equal to height of the tower." In residential and commercial zones, towers are only permitted as an accessory use. It appears that enough areas of the City currently allow towers by special exception or as a provisional use that the City could survive a challenge that it was indirectly prohibiting wireless/cellular communications services through its land use regulations. However, as the trend moves toward smaller and more numerous wireless facilities, the number and location of zones allowing towers may become inadequate to service the growing wire[ess market. To address this concern staff considered in which additional zones towers might be allowed. Staff proposes allowing towers by special exception in the Public (P) zone for the following reasons: The number and dispersal pattern of P zoned land would help invalidate any claim that towers were being indirectly discriminated against in areas of the community; The special exception process and the public ownership of the land would give the public greater control over the size, type, and location of any wireless facilities. A good example of how a tower can be located on publicly owned land is a current proposal by Sprint Cellular to replace one of the light poles overlooking the City High School football field with a cellular tower, to which the field lights will be attached. Under the current ordinance, Sprint Cellular would need to obtain a rezoning for the area if it wishes to place the tower in this location. Although towers may not be appropriate in neighborhood parks or a public gathering area such as the pedestrian mall, they could be located in such areas as the Wastewater Treatment Plant Site, the Streets Depar[ment site, or other similar publicly owned sites, without interfering with the public enjoyment of land. Staff Recommendation Staff recommends that Title 14, Chapter 6, Article I, entitled "Public Zone (P)", Subsection 4, entitled "special exceptions", be amended to include the following language: 14-61-4 SPECIAL EXCEPTIONS A. Communications towers and associated equipment building provided: The Board of Adjustment may place conditions on approval of a communications tower, such as fencing and screening, to address safety and aesthetic concerns. The Board may deny an application which does not adequately address these concerns. The applicant shall submit documentation that the telecommunications facility shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E manual, as amended, which contains Federal regulations regarding radio frequency emissions and design standards. The tower is set back from a property or right-of-way line a distance at least equal to the height of the tower. 4 4. The applicant shall submit documentation that the telecommunications facility complies with all state and federal regulations concerning aviation safety. Staff recommends the following definitions be added to Section 14-6B-2, entitled "Definitions". COMMUNICATIONS TOWER: A structure that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples of such towers include monopoles and lattice steel structures. COMMUNICATIONS EQUIPMENT BUILDING: The building in which the electronic receiving and relay equipment for a communications facility is housed. COMMUNICATIONS STATION: A structure assigned to a person or group of people working to produce and transmit radio and/or television programming, or the recording of such programming. Staff recommends the following language be adopted in Section 14-6M-lB to regulate satellite dishes as accessory uses (new language is shown in bold print): 3. Communications towers and satellite receiving devices, provided the following conditions are met: 1. Communications towers and satellite receiving devices larger than one meter in diameter in residential areas and two meters in diameter in commercial areas provided they shall not be located in the area between the street and the principal building, within the required side yard or on the roof of any building. 2. Satellite receiving devices smaller than one meter in diameter in residential areas and two meters in diameter in commercial areas may be located in any yard or on the roof of any structure. Attachments 1. Article entitled Local Government and the Telecommunications Act of 1996 Approved by: Robert Miklo, Senior Planner Dept. of Planning and Community Development p pdadm[n'~lelcorn ,mmo Loca'_ Government And the Tel.ecommunications Act of _996 n February 8, President C~Jntofi slEaed into law the Teleconununl- carmrs Act o~ 16~ (PL I04--104). alter t~e House ~d Senate overwhelmingly approved the measure. The Act's immediate Jectlve Is to promote competition ~mong loc~ phone companiem, long distance cardin, and cable provider1 by breakin~ down the legal ~nd functional barrier; ber, veen these formerly disfiner in. duattiel. In the long range, the Act aims to ~pur private invest- ~ meet: advance &fiordable ?elecommtmicadon~, know~ a4 univer~l service: and open as. eisa to information necwork~ through the cre- ation of~ mote flexible rcgulatoty envLtonmenc I: aim expand~ .............................................................the reach of as'rancid telecommunicadon~ services to ~'-hools, U. Aliiholly CrewIll bra~es, ~md rural health cenutn and enables parents to exert. be control or'the ~le~dJton ptoir, tms w~ched by, their children. The new law has wldespte,,d impJicadons for local governments aa regulators' uaer~, and provides; of telecommu,~icadoas ~ervices. it presents them with a mix o£;oci&], econore!c, pOtld~ai, grid n01ogicai opporttmides and challenges, A~ Con&re-. was develop. in6 vm~oua proposals tot tel~cornmuaJcadotp, re. form over the peat three .~ars. lo~:al o~¢iais sad 1obbyisu were active .h, engaged in P.4 The mlecomm~nfca~iou~ and Indus~u have long ~ed thoug~ precisely what laws or ~epu~of~tb~o~n q~oa, tt t~ ~ ~g ~ ~o~ ~d ~ ~ndi~ ~ot ~ver, ~ ~e ~ay ~ ~d r~e com~n~on ~1, ~d uondi~mt~ ~. ~bllc ~Ws ~e ~e~d u a ~d pub~ ~. ~ ~ phone and cab{e te{.vJsiou pro, de.. ~lcc~c. ~r. ROW,, {~ ~d ~ ~d n~*nu w~d continually incur co~J PigIll MInlIllll! ficuh~J, loss of acccM and local bualne~ei, visual ~o~, ~d no~ ~lluflon ~ ~ ~n~ f~ bHHom of do{{~ each ~ m~n~ning ROW. ~ no~ ~m~a~on ~om ~m~o~ ~d pro~de~. Derive, for cx~ple, ~ iS {OWt ~ m ~e ~on~ ~ ~ aica~oa Officers au~ ~on ~ f~ ~ 'o~ ROW~ ~t ~ pu~ ~W~ p~ ~d~ liom o/doila~ iu t~ua~r Jub~dl~ m note that ~e pr~4~to~ of the lni- dai Hou~--Sena~ conference report ou the Act were lua&~quam m ~ ' public wod~ inframruct~e/The,/ ~hould aho at~empt to maximize theit oppormnlfie~ m ~ecelve fair compeu~adon for ROW u~e and monitor local, ~'8tonaL ~md national iMum-y developmen,, ¢1oeeb/. wV. re conecreed th~ a then.,exiiting Federal Communkatioas Goremi,- sion (FCC) preemption ~ {mid ~on- gardlng the ditect I~o~k~t m~Ui~ (DILl) dl~t~ found In many commu- ,,T Telecommunicatians Act opens the way for changes that will affea nearly every aspect of our lives, including the liv~ of municipal gavernment offdab. We've yet to understand the full impact of laws that have been passed and the in~ation of those laws." ~]~..~ DAVIS. Y~..~3'{'ANT TO TH~ tical~/preserve local mtnagemeut public ROWL .M a r~ulL !obbldm on ~half of cities and · r~ned m ~k ~cfion ~ U~d~ ~t ~o~ ~ch ~ ~ ~j~ 1, 1~, ~ ~ ~ pr~ ~ ~u~ ~ ~ ~ ~nf~n~ re~ ~d ~ ~p~o~ ff p~d, would amoun~ m ~n~d ~n~ on 1~ ~. men~ Th~ were ~cc~. e.w/~tng o '~ccs muccmlng the P.5 erL Seine ~ 8awmmeu~ ~ !e#/collular telecom,m. unlcattons ~ would be quu'emen~q tor rowera b~d on ~.a,--.b, er on ~M~ lnf imo account the nature your local govemm~.nt m~s~ adokern to s~a-dve and proper in the ln~emely ~mpedti~ environment cresr~ed by ~.. Telecommuntcaltons of 11)9~ (Item number 4~091. $45. To order. contact the ICMA ~ utbutton G~nter at ~0/74.~8780.) I~foT~k R~pon. TI~ newslever is devoted ~xcl~lvely m t~on on ~m~o~ ~o1~ for l~ g~enu. h op~g ~1~ ~d produrn, ~ ~ sm~ ~ ~ ~plt~ do~ (Mon~, 8 ~es. I~ n~ ~541. S1~ f~ gou. To ~, ~n~ ~e ~i~], 1~ 777 N. ~plml N.L, ~ie ~, W~n, D.C. ~01. TeL i~/962-~20; ~ o~ the requa~ While r~is pro- vialon does not ~¢<iu~re that any pri- ortt~ he ~lven m ~'el~s ~r~tce np- pllcaa~ It ia denisned to enaurc ~ requgs~ for wtrele# f~odlv/permits are handled In a manner similar m requesla for othcr permltL Third, ally decligon by · local .' council or land bo.ard denytn :e request resardln~[ a wtrele# tower muat be in writing mad tuberanti·ted'* by e*tdencc contained in the wrhren record of the alecleon-making body. Governing bodies that already record reason· for permit denlab w/11 be unaffected by this require. m~nt, while thoae ?.'thout n form.s[) recording ~7~tem will have to Lmpl'~ mellt Ogle. Fourth, local gove. mments will no ' 1oeger be ·bl~ to make zonLn8 dect- regarding towen the ~ of the enviroomenml e~9 ~ecu o~ radio frequency emi~ont unles~ Re f~LUe/Is not in compli.' Act requires the FCiC to develop for- mat emlmora ~.ndard~ by Augrut 1Oo~. Local governments ~hould be aware thai the Act requires service provlder~ Io challenge unfavorable tuning dcchion~ in n sm,e or federal ¢oun4 however, challenges concern. ing tm,~r emroton· muat be flied with the FCCI P.G D~ D~he~. When the Act was pa~ed, an ~u~ N~ p~mp~on o~ 1~ ~n~g ~u~od~ ~r D~ programming. The ~C subse- Many local governmourn, L~e A~exan- dfia, Virginia, have v'Cc~ neg~ · at ~1~ tach ~ ~ ~e c~n, o~n, ~d ~ ~k ~m~m ~, ~um, ~d ~ ~ pr~ o~ ~e bet of d~!fferent ~c~dard~ for emp~n. all ff wldch are b~ed on DiS ~ ~. The tim ~et o~ gan- ditch ~mpa o~ on ~ denda] oatel~te dhhes over one me~ ~ ~r ~d on ~mme~ ~ ~r ~ ~ come ~ p~Uon ~ ~n~ reaaonable rel~onshtO be~een ~r re~ou ~d a le~mat~ ~ ob~c~ ~ouM ~ de~led ~a~ bisques. ~]tes ~ ~i~ ~ea ~at ~ one me~ or [eu ~ d~e~r ia r~den- ~um~ ~ ~ um~e. N s ~ g~e~ment ~n ~monsm ~e ~a~n ~ nec~d for h~ or ~eW, but not ~, ~ r~n d~e not ~ce a ~cee ~ h~ ~ ~cW ob~t a ~ ~overnment 8dll ~y ~Udon ~e 1~ for a-caine.. The ~ Loren. mens m,,n demonre'ate cxtrao~-'ral. merits---in either a positive or negative way, ~TO~ Mt~.ILl~mzc~ Ch~Mmo~z~ PLAN~, T~o~. ~ ICMA POUCv complb. nce, extging ordin_~vces may neo. d to be arllellded or repealed or new ]av~ may need to be developed, Record-keeping prsatlcea regarding local land me decisions will need to be reviewed or established and local officials ~hould, to the extent pc~L hie. p~dcipa~e in ~e ~ rulem~o ing concerning electromagnetic emt~i6ns ~d in ~ny ftu~r deci~on raa~ng on DIL~ dt~he~. Local frmacMdng authority has been a critical component og local govero. mint mamagimeor of public ROWL Under francbile agreements, cable provOden a~d local governmenu d~ fine their rtlpective right~ Lnd re- sporaibiltdcs regarding coniwucti~n and operation of cable ~ele~i~ion eftidea ~nd $¢rvtceL Pranchtae fee~ a~e typlcally b~ed on local cable enl.~e~ a~d are a pr~nctpa~ me~l of collecting payment for public ROW u~e. Lo~dl~el al~o have conditioned fi',e 8r~nting o£ ~ranchl~ on need for public, educationS, and government lcceu programming and institutional netWork~ tmuaenta for the parchme of aece~ relate. d equipment and to produce live btoadcuu o~ kxai co~ and ~.hool board mee~n8~ at no co~t. Under ghe Teleconununicationa Act o~ li~, 1oc~d cable franchbing thorky recogni~d under the 1984 and l~g~ Cable /~ rema~ intact; whether cable provt6en be~n to offer the l~ ~ if ~_~e. pro~len ~ought to deliver telecommunica. tions ~er- vie. el, ~ome local governmourn re- rated into their cable franchise ~Teem~ts and imposed fees on addk ~onaJ r~enue~ OtJ~t ~ 8orere. men~ required cable prov~der~ to Under the new l~w ~ govern. taint, tray require an~ telecommuni- c.~ion~ provider to enter into afran- ch~e or to pay directly for public ROW rue if s,*te or local l~w~ permit. Howe~r, local governmengs will no longer be able to require cable providers to have cable frmchi~_~ prior to offering ~elecommunica- tiom services, nor will they be able to II u~ c~Je ~-anch~e s~r~mmcnm to obuln ~elecouuum,.tau~m ~ wh~ ~l do no~ ~ public While ~he Ac~ allows cable ~nd~ on ~e ~ ~deo d~ ~ve~ ~m · 1~ pho~ ~ g~enc ~y e~rc~ ~i~ authority or require paymenu for ROW u,e, But if video s-rvices zre provided throujh wireless tech- nologie~ that do not crou public ROWs, cable franchl~ authority caano: be exercised, nor c~n pay- merits be requested. Local governmenu met react quk~/to new dew~opmenw reset& mdne ~x~ng ~e ~ m do- ing emergtni teleeommunfcadon~ servlee~ ~ cable fi'~mchiae ordi- n~nce~ also may need to be sinended or repealed ~nd new ones enar,~l to comport with new federal and s~te Loc~ ~ovemment~ have had limited authority to resvista cable rates under the 199Z Cable Act u · meanl of protecting local con- sumera, Under the ~ law, b~llc ~r cab~ ~ remain subject ~ ~ ~ ~ded ~at ~e~ o~er cable ~de~, ~lephone ~m~i~ ~ m~el ~deo 10 v~tir~ w/sa pr~v/- other word~, comp~dng · m~ f~ ~e ~ ~ ~ ~ot I~k ~ ~] tic ~ ~, 7 ~ll ~ l ~ i~ ~l~ o~er out ~ ~, ~u~g ~ ~J~. ' ' , ' ~/ . ~ Of~r Oldh~ ~un~, ~- ~, ~on, ~r ~ ~af~a~ ~cd e~?mpl~ ~muni~ {n~. pr~o~ ~d W--ly aeBleallia , II~!etllrM ~ IlellL~_llll !.ililal ., ~'~q'~i~ q~ mac~y~ ~om~ ~, ~ ~ ~ ~,. ,. m~ ~wm ~ ~ ~ unwed ~e ~l~ the ~ ~d~~. ~ ~~noL ~d/or ~ff ~pa~ ~de~ ~g ~ ~er ~m ~j~g pro~ ~ Appll~a ~not ~ ~. ~e~; ~e ~rcd ~ck ~ied or deny ~ on a ~ ~ pro~on~ m ~ t~ ~n~, ~r unl~ mec~i~ ~e ~', ~n~. ~m ~ m~ ~ mini- which thc~ wtll b~ built. Jill 1111 P.8 hold m~ip houa.hol~ 0ubscribe to other dere~li~ expznded b~a~c der cable ~l for p~derl 50,000 subscribers or l~H. For mu~t prov~te un~vers~l ~erdccs m .} M~ IocaJ. orcUn~ncca dude I~ f~ ~ ~n ~ u ~qub~ ~ ~er ~y ~d m ~don ~ ~y l~ ?~ m~ ~ ~. ~n ~e ~ ~ ~ ~n ~ ~d 18 ~ b iu ~ ~ ~e M~m~ ~ enoch ~ ~ ~ mon~ ~ ~ ~' q~r~ t n~ ~ ~ ~ m~ ~n~ ~ (v~).J~n ~ ~ ~moUdon ~y sm~ ~d not t~ ~t of ~n~ P~h, ~ ~ ~b~ m ~11. J~ ~ aum~d m ~e ~ n~gh~g ~ ,~/~ ~wh~ It ~ ~m ~n. ~ ~l~t ~ ~ ~ F~ or o~ fed- ~o~ ~c~ ~ ~e ~ce n~, I~udlng sh~l ~ onen~ ~ ~ ~ mcnt ~do~er ~ ~n~ of ~. ~- m u n~ m p~j~ ~to qe~cL ~h * U~ P~ ~nd~* ~ ~n~n~. · ~en~d r~g ~r ~ne~ ~ not mpp~ m ~ ~, ~y ~ ~lng ~ , , , · ~ ceJ~g~ c~es where the equip- ment building Js ~tfed, Pmltll. IliaaligHt 11 ,forced to pay biffher, prohlblti~a, bu~i~ na~ ratc~ for telecommunicmiom vlce~ becauee th~T were ineligible for consumer rmm In .ddition. the Act to develop lncent/ve cobrafie b~ne~e~ to equip mhooL~ and Ilbrm-'k~ for erx~.~c~ to clJ~i~J net- adjurtrnenu in refful~om and price czp~. Telecommunicntton~ c:arrter~ aim will he requixed to provide d~ counted r~d.c~ rAtaliar t~ rau~ :~vall- ahLe to urhcm h~,Ath care providere. to ~u~h rural health ~sre prrrvklevs coromunlty health centera. local health dep~sunents, and :annprofit The Act ~h:o e~tnbli~he~ funding fm the National l?<lucadon Technob acff Fundinfr Corporation (NETFC). a Wa~'tlngton~d nongovemmen- ta~ organization that ~omot~ ~ of ~c~ telexmunitions ne~work~ and technologle~ by ~hoo~ ~d libbey. N~TFC ~11 pro,de a~ls~ce ~d fede~ ~n~ to ~t~ ~ ~e ~ectron~ ~cc~ for <h~B ~d <hool~ ~d ~et bo~ flon'$ ~ ~ ~, whkb ~ telecommunica~on$ reform ~ea~ nomic ~d lnd~ ~d ~un~, pMnnin CUment ~blliti~ ~dll h~ ~ ~ m~.de, ~t- zoning regulaztor~ and policies grantlng telecommunlcauons and ~le ~f~y ~d ~nch~a Mll ha~ m ~ ~, ~d ROW or ~h~ e~ may ~e m be ren~ofia~d. Teleco~uni~fiona ~ho~ ~ ~ in ~ m~r and economic development ~ ~c ~ ~ong ~ ~at ~ g~emmenu co~ ~ ~ input Into the d~eb opm~t of~ r~ln~s ~d n~ ~o~ in~ng ~e nmv ~t ~e oan ~ do~ ~m the co~ ~e~onM home page, Th~, at {h~://~.l~.g~/). ~ Saving For Retirement Modal P~rtfollo Fund~ (rum hhe ICM~ l~¢uremenc Corpo~oon on help ~ur c~l~m ~ a ~cu~ mu~mem. ~e four m~cnu. ~m~y d~loped ~ ~C pmf~mn~l. offer: o A ~ o/~C-~gcd ~k. fi~d income and ~e ~ ~n~. with · Pcr~ic ~balancinB. ~ D~y pmci~ and ~l~hone ~.m ~ pa~p~u k~l~ ~o~ their porffohoa am pcdo~An8 and can ~ ~em wl~ ~hcr ~n~ ff~ choo~. You ~a~v your empl~ ~ouM ~m ~n8 Mr their r~rcmcn: ~ Wi~ ~d~ Por~ollo Ion&, a~d~le o~y ~m ~e ICMA ~nt Corpo~non. ~c ~n'e pm them by. For ~rc Vml RC Onkne at ht~p://crv,~,.icmexc. or~ NOTICE OF PUBLIC HEARINGS Notice is hereby given that public hearings will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 22nd day of October, 1996, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearings the Council will consider: 1. An ordinance amending Title 14, Chapter 7 entitled "Land Subdivisions," Article A, entitled "General Subdivisions," Section 4, entitled "Establishment of Control," pertaining to City review of subdivisions located within two miles of the City's boundaries. 2. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article M, entitled "Accessory Uses and Buildings," Section 1, entitled "Permitted Accessory Uses and Buildings," to allow satellite receiving devices smaller than one meter in diameter in any yard or on the roof of any structure .~in residential areas. An ordinance amendi.n.g Title 14, Chapter 6, entitled "Zoning,' Article 1, entitled "Public Zone," Subsection 4, entitled "Special Exceptions," to allow communications towers as a special exception in the P, Public Zone. 4. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article B, entitled "Zoning Definitions," to add definitions associated with wireless communications facilities, including "communications towel," or "communications equipment building" and "communications station." Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE I, ENTITLED "PUBLIC ZONE," SECTION 4, ENTITLED "SPE- CIAL EXCEPTIONS," TO ALLOW COMMU- NICATION TOWERS AS A SPECIAL EXCEP- TION IN THE P, PUBLIC ZONE. WHEREAS, the Telecommunications Act of 1 996 prohibits a local government from directly or indirectly prohibiting the provision of any wireless/cellular communications service to any area of the community; and WHEREAS, cellular communication use will continue to rise in the Iowa City area; and WHEREAS, the large amount of publicly zoned land in Iowa City will increase the num- ber of potential locations for a communications tower; and WHEREAS, the special exception process and the public ownership of the land would give the public greater control over the size, type, and location of any communications tower; and WHEREAS, any communications facility in the P, Public zone will have to comply with the conditions in the zoning code, as well as any conditions placed by the Board of Adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 1. Chapter 6, entitled "Zoning," Article I, entitled "Public Zone (P)," Section 4, enti- tled "Special Exceptions," is hereby amen- ded to include the following language: 14--61-4 SPECIAL EXCEPTIONS. a. Communications towers and associat- ed equipment buildings provided: 1. The Board of Adjustment may place conditions on approval of a communications tower, such as fencing and screening, to address safety and aesthetic concerns. The Board may deny an applica- tion which does not adequately address these concerns. Ordinance No. Page 2 2. The applicant shall submit docu- mentation that the telecommuni- cations facility shall be designed and constructed to all applicable standards of the American Na- tional Standards Institute, ANSl/EIA 22-E manual, as amended, which contains federal regulations regarding radio fre- quency emissions and design standards. 3. Newly constructed telecommuni- cations facilities shall be designed with capacity to accommodate additional providers of telecom- munications services where pos- sible, unless it can be demon- strated that co-location is not feasible due to technical or struc- tural reasons. 4. The applicant shall demonstrate it is not possible to locate the pro- posed telecommunications equip- ment on an existing facility for reasons such as technical or structural incompatibility. 5. The tower is set back from a property or right-of-way line a distance at least equal to the height of the tower. 6. The applicant shall submit docu- mentation that the telecommuni- cations facility complies with all state and federal regulations concerning aviation safety. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. Ordinance No. Page 3 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,19 MAYOR ATTEST: CITY CLERK Approved by City Attorney s Office/~ ~ ,,2,~ -~' Prepared by: Jo Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52-c 319-356-5247 ORDINANCE NO. ORDINANCE AMENDING TITLE 6, ENTITLED "ZONING," ARTICLE ,UBLIC ZONE,' EXCEPTIONS," TO ALLOW TOWERS AS A IN THE P, PUBLIC ZONE. "SPE- :OMMU- EXCEP- EREAS, t 1996 or prohibiting ;uler commur area of the WHERI continue to zoned land in h bar of potential tower; and and the give the type, :ations Act of ,nt from directly · ' of any service to any tmunicetion use will iowa City area; and large amount of publicly City will increase the num- for a communications special exception process of the land would control over the size, of any communications the co ~, any in Public ive to comply with the in the zonin code, as well as any placed by th ~oard of Adjustment. NOW, THEREFORE, IT ORDAINED BY CITY COUNCIL OF CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 1. Chapter 6, entitled ing," Article I, entitled DPublic Zone enti- tled DSpecial Exceptions," hereby amen- ded to include the following~anguage: 14-61-4 SPECIAL EXCEPTIONS. a. Communications towers a~d associat- ed equipment buildings pro~(ided: 1. The Board of Adjustrf~ant may place conditions on approval of a communications tower, s~uch as fencing and screenin.g, to a~dress safety and aesthetic con~,erns. The Board may deny ar~ apl~ca- tion which does not adequately address these concerns. Ordinance No. Pag~ 2 2. The applicant shall submit docu- mentation that the telecommuni- cations facility shall be designed and constructed to all applicable standards of the American Na- tional Standards Institute, ANSI/EIA - 22-E manual, as amended, which contains federal regulations regarding radio fre- quency emissions and design standards. 3. Tl~e tower is set back from a property or right-of-way line a distance at least equal to the height of the tower. 4. The applicant shall submit dc meritetlon that the telecomf cations facility complies all state and federal ~tions concerning aviation safe ,c Ih REPEALER. All and parts of linances in conflict wit provi- sions )rdinanca are SECTION SEVERABILITY. section, provision or rt of the Ordi shall be adjudgedto be /alid such adjudication validiw of the Ordinance as a ~ section, provision or part thereof not ad invalid or unconsti- tutional. SECTION IV. EFFE DATE. This Ordi- nance shall be in its final passage, approval end pul law. Passed and ~roved thi~ ~ day of ,19 MAYOI EST: CITY CLERK NOTICE OF PUBLIC HEARINGS Notice is hereby given that public hearings will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 22nd day of October, 1996, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearings the Council will consider: 1. An ordinance amending Title 14, Chapter 7 entitled "Land Subdivisions," Article A, entitled "General Subdivisions," Section 4, entitled "Establishment of Control," pertaining to City review of subdivisions located within two miles of the City's boundaries. 2. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article M, entitled "Accessory Uses and Buildings," Section 1, entitled "Permitted Accessory Uses and Buildings," to allow satellite receiving devices smaller than one meter in diameter in any yard or on the roof of any structure in residential areas. 3. An ordinance amending Title 14, Chapter 6, entitled "Zoning," Article I, entitled "Public Zone," Subsection 4, entitled "Special Exceptions," to allow communications towers as a special 4~??~iception in the P, Public Zone. n ordinance,, amendi,ng Title 14, Chapter entitled Zoning, Article B, entitled v "Zoning Definitions," to add definitions associated with wireless communications facilities, including "communications tower," or "communications equipment building" and "communications station." Copies of the proposed ordinances are on file for public examination in the office of the City Clark, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouragod to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: John Yapp, Planner. 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCENO. ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING", ARTICLE S, SECTION 2, ENTITLED "DEFINITIONS", TO ADD DEFINITIONS ASSOCIATED WITH WIRELESS COMMUNICATIONS FACILITIES, INCLUDIHG "COMMUNICATIONS TOWER", "COMMUNICATIONS EQUIPMENTBUILDING", AND "COMMUNICATIONS STATION." WHEREAS, the use of wireless communications facilities is increasing in the Iowa City area, and WHEREAS, the expected increase in the number of communications facilities located in Iowa City necessitates defining a "communications tower", "communications equipment building", and "communications station" in the zoning code, and WHEREAS, it is in Iowa City's best interest to define various communications facilities in order to avoid the misinterpretetlon of the zoning code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA: SECTION I. AMENDMENT. Chapter 6 entitled "Zoning", Article B, entitled "Zoning Definitions," Section 2, entitled "Definitions", is hereby amended to add the following definitions: COMMUNICATIONS TOWER: A structure that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples of such towers include monopoles and lattice steel structures. COMMUNICATIONS EQUIPMENT BUILDING: The building in which the electronic receiving and relay equipment for a communications facility is housed. COMMUNICATIONS STATION: A structure assigned to a person or group of people working to produce and transmit radio and/or television programming, or the recording of such programming. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. Ordinance No. Page 2 SECTION III. SEVERABILITY. if any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,19 MAYOR ATTEST: CITY CLERK Ap ol~"-~d'~y ~- City ~ttorney s ~/fijb,~ ppdadmin/commumc.ord NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the loth day of September, 1996, at 7:00 p.m. in the Council Chambers of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, regarding the intent to convey + 15.12 acres of land and lease ± 7.13 acreas of land adjacent to the Elks Club southwest property line and south of Foster Road within an area commonly known as the "Peninsula" to the Elks Club with the City retaining a covenant limiting the use of chemicals and pesticides. Persons interested in expressing their views concerning this matter, either verbally or in writing, will be given the opportunity to be heard at the above-mentioned time and place.