Planning Commission Vote 6/0
The City is requesting a zoning text amendment to update our current ordinance which is dated and does not address the current Federal Communication Commission (FCC) Regulations.
In July of 2017 the City entered into a contract with River Oaks Communication to provide an updated ordinance for review, acceptance and implementation. In August 2017, a draft review was provided to the City of Gillette as well as to wireless communication providers such as AT&T and Verizon as well as to local providers, Visionary Communications and Collins Communication.
The proposed ordinance addresses the placement of cell tower structures on private property as well as City owned or other public property and rights of way, setback requirements, height restrictions, screening and stealth requirements, application and permitting requirements as well as bonding and insurance requirements. Further, it addresses associated application, registration, and annual renewal fees for wireless communication facilities (WCF). The ordinance provides regulatory review timelines for each cell tower type based upon the FCC regulations.
In populated areas, the future of wireless technology appears to be moving away from large tower structures and in the direction of constructing “small cell” structures which provide for an expansion of a cell coverage and increasing network capacity into hard-to-reach locations and neighborhoods. The broadband internet community is also expanding their coverage and increasing capacity in a similar fashion. The expanding coverage and capacity often comes through the use of existing structures such as buildings, signs, billboards, and poles. The proposed ordinance also addresses the use of these existing structures.
In conjunction with the ordinance, staff has prepared an application checklist, flow chart, and a new permit which will support the regulation of the new ordinance. All new macro cell towers placed on private land will be reviewed and approved through the Planning Commission. All new towers located on City of Gillette owned property or structures will be reviewed and approved by the City Council. All other facilities will be reviewed and approved administratively, with any request dealing with a tower in the right of way to be reviewed and approved by the City Engineering Division through a subsequent Right of Way Lease Agreement being issued.
A zoning text amendment affects all zones as defined within the City corporate limits. The proposed ordinance addresses the placement of towers in all zones with the associated requirements for approval. |