The URL can be used to link to this page

Home My WebLink About2006-04-24 06-152 ORDINANCEItem Ro, 06 152 Date: April 29, 2006 Item/Subject Ordinance, Amending the Land Development Code, Chapter 165, 4165-59,10 Fxempt Govemment-Operated Emergency Telecommunications Towers and Antennas from Helght Restdcaons Responsible Department: Legal Commentary: The purpose of this amendment is to create a height exemption for towers and antennas that are owned and operated by governmental bodies provided that they are used solely for emergency telecommunication purposes and further provided that they do not come within the airport glide zone. This amendment is necessary for an upgrade to the Penobscot County Regional Dispatch communications system which requires a narrow but tall antenna/tower which exceeds the current height limit. Department Head 714 QQ AwgiisbA.rQ+c.� fes"" Q aal— I -Ivlu. &"a h11+M�f^L �r.`d,a. do s, Gry Manager Assocciiaatedd Information: Letter from Ill Bronson on behalf of Ne Penobscgt Regional Communications Center Board of Directors. /¢✓Za PnYG..4 Nnob�ui Cen� Budget Approval: Finance Director Legal Approval: 'VIII//City Solicitor Introduced for Passage x FirstReading Page _of_ X Referral to Planning Board 5-2-06 @ 7 p.m. ,� 06 152 Assimmed to Councilor D'ertico April 24. 2006 CITY OF BANGOR (TITLE.) Ordinance, Amending dre land Development [ e, Chapter 165,.§ 165-59, to Exempt Government -Operated Emergency Telecommunications Towers and Antennas from Height Restrictions. Be MaOairkdby Me City of8&, wMoDa: That Chapter 165, § 165-59, be amended as follows: § 165-59. Exemptions. AThe limitations on height as provided in this chapter shall not apply to the following structures, provided that they do not come within the airport glide zone as provided in § 165-58 above, and provided that such uses shall not exceed 15 feet in height in addition to the limitations already permitted in the various districts: A1. Church spires, belfries, cupolas and comes, monuments, water towers, silos, transmission towers, chimneys, smokestacks, derrick; cwnveyors, Flagpoles, radio and television towers, masts, aerials and antennas. 62. Bulkheads, elevator penthouses and water books, provided that such structures permitted by this Subsection B shall not have so aggregate floor area greater than 10% of the gross building floor over, and lurcher provided that no linear dimensions of any such structure shall exceed 50% of the corresponding street lot line frontage C 3. Any accessory buildings or structures, as defined in this chapter, to be used for manufacturing purposes, provided Net such structure is required in the manufacturing process conducted on Ne premises, and provided factor that all such structures above the Ranging heights of the applicable district shall not encompass more Nan 25% of the area of the lot, shall set back not less than 25 feet from every lot line, other than the street lines, and shall not be has than one toot tmm the opposite side of each adjacent structure on any adjohdng lot for each two feel of vertical height. B. The limitations on height as orovided in this chanter shall not own, to towers and antemms that are owned and operated by l ovemmmtal bodies Provided that they are used solely for emergency telecommunication Puruuses and further movided that thev do not come within the aimort elide zone as provided in 6165-58 above IR CITY CMUM April 16. 2006 first: eadlag E Referred toTrPls®iag loard Cop t C �f99�ff(I)T]Y M CITY COXINCIL Nay 22. 2006 l tim Rede and Seconded for Passage voce: l-0 Councilors voting yen Ellen Cashvell. 0'Rrrico, Parrintm Greene, Palmer S Stone Councilors voting no: None Councilors Absent: Gratmick E Raeee X W152 O ROIa AOCR [RILRl1 Avendine the L+od Oevaloomflv[ Cade, Chapter 165, section 165-59 co eeasmoc r [aced Emergency Yelecamunications Twevis and Atemas —t..... w E®�mmcaoetimt Jl MEMORANDUM DATE: May IJ, 2006 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code Chapter 165-99 Government Operated Emergency Telecommunications Towers and Antennas Council Ordinance 06-152 Please be advised that the Planning Board at Its regularly scheduled meeting on May 16, 2006 held a Public Hearing on the above Land Development Code Amendment. The Planning Staff gave a brief overview of the existing height regulations and the request from Penobscot County Regional Dispatch for an amendment to allow a taller antenna to wit their needs. The Board discussed the location of the County's existing tower and the potential for a significantly taller structure given the proposed amendment. The Board did have a concern that exemption did provide unlimited height that may be detrimental to the appearance of the immediate neighborhood. Given the County's expressed need to have a twenty foot taller tower to overcome some existing short comings in the system the Planning Board voted 4 to 1 to recommend that the City Council adopt the proposed Land Development Code Amendment The Board then voted 4 to 1 to recommend to the City Council that it would be strongly in favor of an alternate amendment that would provide some limitation on the height, but accommodate the needs of Me County's proposed new installation. 06 152vaFNc ,,,SWVy S,IW,N CITY OF BREWER la SxAh WI, Sl°°' Brewer, Maine 04412-212kECE1VED corn. F*CrW at,. caro star m FM coir@9wWewen,e.ory alarzao6 APR 14 2006 Emer Bangor City Council CBYAIANAGER'B OFFICE 73 Harlow Street Bangor, ME 04401 Deer Council Chairperson coal Council members, As you Trey well knew Penobscot County operates a 911 call center and emergeacy dispatch office on Franklin Sucet m Bangor. That turner is known as Penobscot Regional Communications Cerner or PRCC. M has been discus dm various forums and in the media PRCC has suffered growing pains since its inception. In the pest year PRCC has taken a new anal better direction. With a new Director for the center, a fresh commitment Brom the County Commissioners and an mourn of Homeland Security Chant money many ofPRCC's problems are being solved. Now PRCC ncMs a new ars] taller tower with which to broadcast and receive radio signals at the Franklin Street Intention. The existing radio tower is on top ofthe County Como House on Hsnunond Street We plan to locate the replacement mover or the same plea. It rums out that the County needs the benefit of either an ordinance change or some fors of variance from the City to put in place the needed tower. The PRCC Board of Directors, which consists of five police chiefs Bred five fire chiefs from around Peoubscot County, has instructed use in my capacity as Chairperson of that Board m send this letter to you m support of the proposed changes to Bangor orrimances m allow the improved tower. S cerely _ k2,k 6)-A*n Rick Bronson 05 152 April 18, 2106 Hmwrable Members ofthe Banger City Council This lata EprmmlNwsupport ofan ammdmmtto the City laud Development Cade. Spaihcally,this mmdmmt exmspts emergency wmmwicetiom Wuipmmf owned and grwtM by govmwmtal agmcim, boon the district height limit set for the Government and Institutional Services Disuict. This amendment was drafted iaa mllabmative effort of the Pmobacot County Emergency Mamgi meat Agency and City Staff Glaring dcl unties in We ability of Pon rapondera to mmmuweam was revealed in the tamriat aVicks of SgXanba 11,2001, as well as the agiwalization ofemagmcy dispamMng services reu the upgrade and modernivllm oflhe County's transmission facilities. TM lomtiun of the County's &dlidq in downtown Bangor, requhes additional I tight beyond what the current Land Development Code Permits. Location of the ®afieucy, mmmwicauw fecilitiea off site tmhnically and economically infnwible and raises signifcant security concerns. Over tient current trend; N tahnology will make the need! fm tell mammas w longs namsary but at preamt they vermin vital in ®agency, cmnmunimdom. Tom Robotson,Dlrectmofrhe Cowry's Emagenry Mamgemmt Agmcyand Jim Ryan,thesew Dh ofthe PRCC, will be evadable w answer any questiom the CityCouncil aM rhe Pluming Board may have An y, ✓H 4 Thomas J. Da Chavma%Pmobacot County Co Peter Baldnecy Pewbsmt County Comm i V Step* n Su ry, Pencabse6t County Comnissiorsv STATE OF MANE COUNTY OF PENOBSCOT COURT OF COUNTY COMMISSIONERS ALDAECI 6ANGeRMNNE IXOMANI6 (20)n28595 STAR 6Y 6I6PXWi 6. irANL Wilbur ColWCCaunv Adnimseaty COUftiH0I15E 9l HammaW Strs[-Bengm, Mune 01fd1A996 April 18, 2106 Hmwrable Members ofthe Banger City Council This lata EprmmlNwsupport ofan ammdmmtto the City laud Development Cade. Spaihcally,this mmdmmt exmspts emergency wmmwicetiom Wuipmmf owned and grwtM by govmwmtal agmcim, boon the district height limit set for the Government and Institutional Services Disuict. This amendment was drafted iaa mllabmative effort of the Pmobacot County Emergency Mamgi meat Agency and City Staff Glaring dcl unties in We ability of Pon rapondera to mmmuweam was revealed in the tamriat aVicks of SgXanba 11,2001, as well as the agiwalization ofemagmcy dispamMng services reu the upgrade and modernivllm oflhe County's transmission facilities. TM lomtiun of the County's &dlidq in downtown Bangor, requhes additional I tight beyond what the current Land Development Code Permits. Location of the ®afieucy, mmmwicauw fecilitiea off site tmhnically and economically infnwible and raises signifcant security concerns. Over tient current trend; N tahnology will make the need! fm tell mammas w longs namsary but at preamt they vermin vital in ®agency, cmnmunimdom. Tom Robotson,Dlrectmofrhe Cowry's Emagenry Mamgemmt Agmcyand Jim Ryan,thesew Dh ofthe PRCC, will be evadable w answer any questiom the CityCouncil aM rhe Pluming Board may have An y, ✓H 4 Thomas J. Da Chavma%Pmobacot County Co Peter Baldnecy Pewbsmt County Comm i V Step* n Su ry, Pencabse6t County Comnissiorsv