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HomeMy WebLinkAbout1997 Ordinance No. 012• ORDINANCE NO.~ SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE CONSTRUCTION AND INSTALLATION OF WIRELESS TELECOMMUNICATION TOWERS IN THE CITY OF ENGLEWOOD, COLORADO, FOR A PERIOD OF EIGHT MONTHS. WHEREAS, the rapid growth of the telecommunication industry has created a proliferation of telecommunications providers and services; and WHEREAS, the City Council recognizes that wireless telecommunication services are valuable for the citizens and businesses of the City; and WHEREAS, control of the sites and zoning of these facilities are legitimate exercises of local police power; and WHEREAS, the City's current zoning regulations are inadequate to deal with land use impacts associated with wireless telecommunication facilities because such regulations were developed prior to the advent of wireless communications; and WHEREAS, a moratorium on the issuance of permits for wireless telecommunication facilities will give the City staff time to collect information and work closely with the Englewood community and the telecommunications industry to revise zoning regulations that protect the interests of the community and those of the telecommunications industry; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council finds the provisions of this Ordinance are temporary in nature and are intended to be replaced by subsequent legislative enactment. The temporary suspension of permits for the construction and installation of wireless communication towers as specified in this Ordinance shall terminate on November 20, 1997. Section 2. The Englewood City Council directs City staff to develop appropriate recommendations to Council, to be consistent with this Ordinance and to collect information and work closely with the Englewood community and the telecommunications industry to revise zoning regulations which protect the interests of the community and those of the telecommunications industry. Introduced, read in full, and passed on first reading on the 3rd day of February, 1997 . Published as a Bill for an Ordinance on the 6th day of February, 1997. 10 b i Read by title and passed on final reading on the 18th day of February, 1997. Published by title as Ordinance No . .),£, Series of 1997, on the 20th day of February, 1997. Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. Jao ~ d ~· Loucrishia A. Ellis -2- • .· I • COUNCIL COMMUNICATION DATE: February 3, 1996 AGENDA ITEM SUBJECT: Wireless 11 a iii Telecommunications Moratorium INITIATED BY: STAFF SOURCE: Harold Stitt, Planning Department of Neighborhood and Business Community Coordinator Development PREVIOUS COUNCIL ACTION: There has been no previous Council action concerning this matter. PREVIOUS PLANNING COMMISSION ACTION:. There has been no prev10us Commission action concerning this matter. RECOMMENDED ACTION: The Department of Neighborhood and Business Development recommends that Council adopt an ordinance to impose a moratorium, for a period of eight months, on the issuance of permits for the construction and installation of wireless communication towers. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED: The rapid growth of the telecommunication industry has created a proliferation of telecommunications providers and services. Within the last two years there has been an increase in the number of requests for wireless telecommunications towers . The City recognizes that these services are valuable for the citizens and businesses of Englewood but that control of the siting and zoning of these facilities are legitimate exercises of local police power. It is also the position of the City that such a moratorium is not a violation of the Telecommunications Act of 1996. The current zoning regulations are inadequate to deal the land use impacts associated with these facilities because they developed prior to the advent of wireless communications. By placing a 1 '· ' moratorium on the issuance of permits for these facilities, the staff of the Department of • Neighborhood and Business Development will be given time to collect information and work closely with the community and the telecommunications industry to draft zoning regulation that protect the interests of the community and those of the telecommunications industry. FINANCIAL IMP ACT: During the term of the moratorium building permits will not be issued for wireless telecommunication facilities nor will permit fees will collected . LIST OF ATTACHMENTS: Bill for Ordinance 2