HomeMy WebLinkAboutA003 - Council Action Form dated November 26, 1996 ITEM#. QO
DATE: 11/26/96
COUNCIL ACTION FORM
SUBJECT: PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING
ORDINANCE REGARDING WIRELESS COMMUNICATION TOWERS.
ACTION FORM SUMMARY: The City Attorney has prepared amendments to the
Zoning Ordinance that will consolidate into one section of the ordinance the zoning
requirements for the location of all types of towers, including cellular towers.
It is recommended that these amendments be approved.
BACKGROUND:
Recently the City Council requested an update from staff on the needed changes to the
Zoning Ordinance with regard to communications towers. The existing zoning
regulations have two separate sections that contain regulations regarding the location
of various types of communications towers. Section 29.45, is the Special Use Permit
section, and Section 29.68(2)(a) addresses the use of buildings and land, or the
variance of height, yard or area regulations for any location of a public service
corporation for public utility purposes, or for the purposes of public communication
through an exception process.
Having two sections of the Zoning Ordinance addressing generally the same use of
property causes confusion and uncertainty about which section of the ordinance is
applicable. Therefore, staff is recommending that the regulations for the location of all
types of communications towers be consolidated into one section of the zoning
regulations.
The City Attorney has prepared an amendment to the Zoning Ordinance that
consolidates the location of all towers, including an explicit reference to wireless
communications towers (cellular towers), as well as, the location of public utility uses
and structures into Section 29.45, the Special Use Permit section of the ordinance.
Section 29.68(2) also contains two other subsections that are also proposed to be
eliminated. They are as follows:
1 . Subsection (2)(b) would allow the use of property in residential districts for
off-street parking purposes as accessory to permitted residential district
uses where parking lots do not immediately adjoin the permitted residential
district use. This subsection has never been used and there are provisions
for remote parking, if needed, in Section 29.42 of the Zoning Ordinance.
2. Subsection (2)(c) deals with permitting the extension of a zoning district
boundary up to 40 feet in the case where a lot of record has been split by
the zoning district boundary. The more appropriate course of action for this
situation is to rezone the property.
ANALYSIS:
Staff believes these proposed changes to the Zoning Ordinance will eliminate confusion
about which section of the ordinance applies to the various types of communications
towers, and will provide for adequate public input in the location of communications
towers and other public utilities in any zoning district. Placing all communications
towers and public utilities in the Special Use Permit section of the Zoning
Ordinance will provide for review and recommendation by the Planning and
Zoning Commission and decision by the Zoning Board of Adjustment. Thus there
will be opportunities for public input on two occasions. The standards for approval of
the Special Use Permit are also slightly different from the standards for approval of an
exception. The most notable differences are the Special Use Permit standards that
state the use must be in accord with the general principles and proposals of the Land
Use Policy Plan, and that the use must be designed, constructed, operated, and
maintained so as to be harmonious and appropriate in appearance with the existing and
intended character of the general vicinity, and that such use will not change the
essential character of the area in which it is proposed.
The text of the proposed amendment changes to Section 29.45 and Section 29.68 are
attached for your information.
The Planning and Zoning Commission reviewed this proposed amendment at their
meeting of November 6, 1996 and recommended that this amendment be approved.
ALTERNATIVES:
1 . That the City Council approve the amendments to Section 29.45 and Section
29.68 of the Zoning Ordinance.
2. That the City Council not change Section 29.45 and Section 29.68, as stated in
the attachment.
3. That the City Council approve a change in Sections 29.45 and Section 29.68 with
modifications.
4. That action on this request can be postponed and referred back to City staff for
additional information.
2
RECOMMENDED ACTION:
It is recommended that Alternative #1 be adopted. Alternative #1 is an approval of the
Zoning Ordinance text changes as proposed by the City Attorney.
3
ORDINANCE NO.
AN ORDINANCE TO AMEND THE ZONING REGULATIONS OF THE CITY
OF AMES, IOWA BY REPEALING SUBSECTION 29.45(1) AND SECTION
29.68,AMES CODE,AND RE-ENACTING THE SAME REVISED TO STATE
THE STRUCTURES AND USES THAT ARE PERMISSIBLE ONLY BY A
SPECIAL USE PERMIT GRANTED BY THE ZONING BOARD OF
�! ADJUSTMENT; REPEALING CONFLICTING ORDINANCE PROVISIONS;
PROVIDING A PENALTY;AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing subsection 29.45(l)and Section 29.68 and re-enacting the same revised to state as follows:
"Sec. 29.45 SPECIAL USE PERMITS
(1) Intent and Purpose. Rather than permitting all of the many and varied land use
activities within one or more zoning districts, it is recognized that some activities and structures should
be permitted only pursuant to a set of procedures and standards that will allow, on the one hand,
practical latitude for the investor or developer,but that will, at the same time,maintain sound provisions
for the protection of the health,safety,convenience and general welfare of the public. This section lists
certain land uses and structures which,because of their particular and unique characteristics,require
special consideration in relation to the welfare of adjacent properties and to the community as a whole.
The land uses and structures listed in this section are permitted only if first authorized by the issuance
of a special use permit by the Zoning Board of Adjustment.
The Zoning Board of Adjustment may, after public hearing, and after receiving a
recommendation from the Planning and Zoning Commission,and subject to such protective restrictions
as the Board stipulates,authorize the location,construction,extension or structural alteration of any of
the following structures or uses in any appropriate district:
(a) Airport, landing field,or landing strip,
(b) Radio or television broadcasting towers,towers for wireless communication
service facilities,or any other kind of telecommunications apparatus tower,_
cPrivate community building or recreation center,
(d) Institutions of eleemosynary or philanthropic character,
(e) Day care centers for children,
(f) Private clubs,
(g) Extraction of topsoil,gravel,sand,or other natural resources except that in
any such operation,there shall be a restoration plan filed with the City of Ames which plan shall contain
the following:
(i) A physical restoration plan showing the condition and proposed
contour of the land after restoration, plantings, and other special features of the restoration and the
method by which such restoration is to be accomplished.
(ii) An agreement with the City and a bond, written by a licensed
surety company, a certified check or other financial guarantee satisfactory to the City Attorney in an
amount sufficient to secure the performance of the restoration agreement.
(h) Public utility uses and structures.
Sec.29.68 POWERS OF THE BOARD OF ADJUSTMENT.
The Board of Adjustment has the following powers:
(1) Powers relative to errors. To hear and decide appeals where it is alleged there is an
error in any order,regulation,requirement,decision or determination made by an administrative official
in the enforcement of this chapter.
(2) Powers relative to variances. The board shall have the power to grant variances in
conformance with the limitation of its powers in this regard under the law of the State of Iowa.
In granting any variance, the board is urged to prescribe appropriate conditions and
safeguards to foster the policy and intent of this chapter. Violation of such conditions and safeguards,
when made a part of the terms under which the variance is granted,shall be deemed a violation of this
chapter and punishable under this chapter.
(3) Powers relative to special permits. To hear and decide applications for special
permits in accordance with the provisions of this chapter."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as
set out in Section 1.9 of the Municipal Code.
Section Three. All ordinances or parts of ordinances in conflict herewith ire hereby repealed to the extent of such
conflict,*f any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of 1996.
Sandra L. Ryan,City Clerk Larry R.Curtis,Mayor
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