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Home My WebLink About2007-11-26 08-031 ORDINANCEItem No. 08 031 Was: November 26, 2007 Item/Subject: Order, Amending Chapter 165, Section 165-13 W Add Definitions for Cellular Communication Tower, Public Service Uses, Radio and Television Broadcast Tower, and Wireless Communications Equipment, and Chapter 165, Section 105 D to Eliminate Radio and Television Towers as Conditional Uses in the Rural Residential and Ag icultual District and add Regulation Of Cellular Telecommunication Towers. Responsible Department: Engineering On October 17, 2007, the City Council passed Ordinance 07-280, which imposed a moratorium on Radio and Television rowers and Wind Turbines in the Rual Resiciential and Agriculture District. The Moatwium was for 180 days starting July 1, 2007 and was intended to allow for consideration of whether Mere should be changes in local regulation of these structures in that zone. Previous Ordinance changes have already addressed concerns regarding commercial wind towers or wind farms. At it November 20, 2007 meeting, the Transportation and Infrastructure Committee discussed issues associated with radio and rolevtslon towers and recommended Mat they not be allowed in the RRA District. The Committee also recommended Ordinance changesthatwould limit allowable height and increase setbacks for cell towers. The attached Ordinance incorporates the recommended changes. q� 61 AL10 /VCA 0- O�/'A' 6lAlt21 M tA, 9 n Department: Head Manager's Co�m(Jm�ents:--//,,�� ,,,,ppUIX It �Xd"q RtORtO4AYD+UYa 3—a &8;A `' m� `(j^�a, TM -``pa City Manager Associated Information: Ordinance Finance Director Oty Solicitor _ Passage X First Reading Page _ of X Referral to tie Planning Boats os 0a 4� Assigned to Councilor OraMck aovesber 26, 2007 y c; CITY OF BANGOR (TITLE.1 Ordinance, Amending Chapter 165, Section 165-13 to Add Definitions for Cellular Cunmwhation Tower, Public Service Uses, Radio and Television Broadcast Tower, and Wheless Communications Equipment, and Chapter 165, Section 105 D to Eliminate Radio and Television Towers as Conditional Uses in the Rural Residential and Agricultural District and add Regulation Of Cellular Telecommunication Towers. BE IT ORDAINED BY THE CITY COUNCIL OF WE CITY OF BANGOR THAT Chapter 165, land Development Code, Section 165.13 be amended to add the following definitions. Cellular Communications Tower: A structure it excess of ten feet In height designed and used to act as or support wireless telecommunication equipment. Co-Iocation of cellular antennas on existing towers, bugdings, and other structures does rot constitoto a new cellular telecommunication tower provided the antennas) dors not extent more than ten feet above the stmcture. Public Utility and Public Service Uses: The construction of public utilities including, but not limited W, water lines, sewer lines, stormwater lines and related structures electrical power, cable, gas and other overhead and underground lines, excluding radia and television cellular communication towers. Radio and television Broadcast Tower: A structure In excess of 35 R tall whetlher on the ground or on a building or structure that is designed! and/or Intended to broadcast radio, television, or microwaves, excluding ham radio, public safety communications, and cellular telephone towers. Wireless Telecommunications Equipment Antennae, receivers, or other devices that send, recelve, or process radio and microwave signals exclusive of cellular communications towers and radio and teleWsion broadcast. STATEMENT OF FACT: 165-13 lists definitions In alphabetical order; these crew definitions to be added In the appropriate locations; AND, BE Ir FURTHER ORDAINED THAT Chapter 165, land Development Code. Section 165-105 D. (4) be amended W delete the following language: os 0a 4� Assigned to Councilor OraMck aovesber 26, 2007 y c; CITY OF BANGOR (TITLE.1 Ordinance, Amending Chapter 165, Section 165-13 to Add Definitions for Cellular Cunmwhation Tower, Public Service Uses, Radio and Television Broadcast Tower, and Wheless Communications Equipment, and Chapter 165, Section 105 D to Eliminate Radio and Television Towers as Conditional Uses in the Rural Residential and Agricultural District and add Regulation Of Cellular Telecommunication Towers. BE IT ORDAINED BY THE CITY COUNCIL OF WE CITY OF BANGOR THAT Chapter 165, land Development Code, Section 165.13 be amended to add the following definitions. Cellular Communications Tower: A structure it excess of ten feet In height designed and used to act as or support wireless telecommunication equipment. Co-Iocation of cellular antennas on existing towers, bugdings, and other structures does rot constitoto a new cellular telecommunication tower provided the antennas) dors not extent more than ten feet above the stmcture. Public Utility and Public Service Uses: The construction of public utilities including, but not limited W, water lines, sewer lines, stormwater lines and related structures electrical power, cable, gas and other overhead and underground lines, excluding radia and television cellular communication towers. Radio and television Broadcast Tower: A structure In excess of 35 R tall whetlher on the ground or on a building or structure that is designed! and/or Intended to broadcast radio, television, or microwaves, excluding ham radio, public safety communications, and cellular telephone towers. Wireless Telecommunications Equipment Antennae, receivers, or other devices that send, recelve, or process radio and microwave signals exclusive of cellular communications towers and radio and teleWsion broadcast. STATEMENT OF FACT: 165-13 lists definitions In alphabetical order; these crew definitions to be added In the appropriate locations; AND, BE Ir FURTHER ORDAINED THAT Chapter 165, land Development Code. Section 165-105 D. (4) be amended W delete the following language: AND, BE IT FURTHER ORDAINED THAT, 08 C11 pursuant to Ordinance 07-280, "Moratadum on Acceptance of Applications, proces9ing of ApplicaUmi or Issuance of Pemnits for censtrucdon of Radio Towers, Television Towers, and VAnd Turbines in the Rural Residence and Agricultural District," passed on October 17, 2007, the above Ordinance changes he 165- 13 and 165-105 D (4) shall be effective retroecti to July 1, 2007. AND, BE 1T FURTHER ORDAINED THAT Chapter 165, -and Development Code, Section 165 -IDS D (4) be amended by adding the following language: (4) Cellular Telecemmunicamon Towers provided that, (a) Thy do not exceed 195 fimt in height (b) Them am set back from all properties a minimum 100% of the tower height. STATEMENT OF FACR Additions me_qndqffintd and deletions; am svocit mut IN CITY COUNCIL November 26, 2007 1 First adfng and Referred Co C Plam iug Board IR CS IN CIYY COUNCIL Dace Wer 10, 2007 Notion Made and Seconded Co Refer Back to the Transportation and Infrastructure Comittee on December 18, 2007 at S:Oo p.m. Referred IN Oin COUNCIL March. 10, 2008 Notion Made and Seconded for Passage Motion Made and Seconded to Pos�t�Ap•,one Indefinitely Pon ed Indefinitely TY c R. 08-031 ORDINMCB omMMMINC CBAPTCR. 165SECTP01 165-13 TO ADD DBPIIITIODS C®.L01AH commogNICATION TONBN. Pfulic SMNYICN OSNS, MPG AND TMCR sim EgOADCAJ'T TO"i1MR: A FIRELESS COMMUNICATIONS Wunj am, AN CNAPTER 165, SECTION 105 D 1q ffi.ffiNATE RADIO AND 771EPISION TOWERS AE C�ITIONA1 USES IN THE REEA1. RESI001RTAl AND AlmamTORAI DISTRICT AND AW REGULATION Or CELLULAR Y'EI.ECNNONICATION TOWERS DATE: December 5, 2007 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUB3ECf: Amending Land Development Code Chapter 165-13 Definitions and 165-105 D Rural Residence & Agricultural District Council Ordinance 08-031 Please be advised that the Planning Board at its regularly scheduled meeting on December 4, 2007 held a Public'Hei ring on the above Land Development Code Amendment. The Planning Officer David Gould gave a brief overview of the work of the Transportation & Infrastructure Committee following on the moratorium of development permits of radio and television tourers in the RR&A District. When given the choice of adding additional performance standards to locate such towers or eliminating them from the RR&A District the Committee elected to eliminate them. Mr. Gould noted several other areas where industrial districts are located where the towers were allowed uses. Mr. Gould noted that the proposed amendment is seen as a first step to enact new language prior to the expiration of the moratorium. Additional work would need to be undertaken to fill out the complete regulatory scheme for cellular communication facilities. Barb Wais of 252 Finson Road Indicated she appreciated all the work done by the City Council to deal with radio and television towers in the Rural District. She felt they did not belong In a rural area that should be preserved for wildlife and open space. Les; Swartz of 136 Finson Road indicated that he found that the rural area along the Kenduskeag Stream was too special to develop with radio towers. Mr. Swartz believed a pair of eagles were building a nest on the banks of the Kenduskeag as well. Beverly Schumacher of 208 Pinson Road wanted to thank the Transportation & Infrastructure Committee and the Manning Board for all the work they had done on this Issue. She thought it was very important to preserve the peaceful environment of rural Bangor and that radia and television towers could be located elsewhere in the City. There were no opponents to the proposed zoning amendment Member Rosenblatt had some concerns with minor details of the proposed definitions and thought they might be made clearer. Mr. Rosenblatt was curious as to why the proposed amendment seeks to eliminate radio and television towers as opposed to developing better review standards in siting them. Member Theeman was cone med that the proposed amendments appear to be incomplete and rushed. Member Mitchell indicated she wished the Council and TIC Committee had communicated with the Board more prior to sending the proposed amendment such that there could be a better understanding of the background of the Comm'ittee's approach. Chairman Guerette indicated he was not In favor of the proposed amendment as it appears to be an attempt to circumvent the Planning Board's approval of the Hecht project after the fact. The Board agreed while they did not like the amendment as proposed they could agree that elimination of radio and televisions tourers In the RR@A District is likely a reasonable conclusion based an the details of other available sites, the complexity of regulating such uses effectively, and the limited market demand for such locations. The Board voted two in favor and three opposed to recommend to the City Council that it adopt the proposed amendment contained in C.O. #08-031 IN CITY COUNCIL November 26, 2007 1 First adfng and Referred Co C Plam iug Board IR CS IN CIYY COUNCIL Dace Wer 10, 2007 Notion Made and Seconded Co Refer Back to the Transportation and Infrastructure Comittee on December 18, 2007 at S:Oo p.m. Referred IN Oin COUNCIL March. 10, 2008 Notion Made and Seconded for Passage Motion Made and Seconded to Pos�t�Ap•,one Indefinitely Pon ed Indefinitely TY c R. 08-031 ORDINMCB omMMMINC CBAPTCR. 165SECTP01 165-13 TO ADD DBPIIITIODS C®.L01AH commogNICATION TONBN. Pfulic SMNYICN OSNS, MPG AND TMCR sim EgOADCAJ'T TO"i1MR: A FIRELESS COMMUNICATIONS Wunj am, AN CNAPTER 165, SECTION 105 D 1q ffi.ffiNATE RADIO AND 771EPISION TOWERS AE C�ITIONA1 USES IN THE REEA1. RESI001RTAl AND AlmamTORAI DISTRICT AND AW REGULATION Or CELLULAR Y'EI.ECNNONICATION TOWERS