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File #: 4166   
Type: Public Hearing Status: Held delete
File created: 3/17/2022 In control: Planning and Development
On agenda: 4/7/2022 Final action:
Title: Public Hearing, Re: Wireless Telecommunications Facilities Ordinance (First Reading)
Attachments: 1. Marked-Up Wireless Telecommunications Facilities Ordinance, 2. Clean Wireless Telecommunications Facilities Ordinance, 3. 07-06-21 Legislative Intent Agenda Report.pdf, 4. 07-06-21 BCC Action Memo.pdf, 5. LPA Minutes 03-14-22

Subject:

Title

Public Hearing, Re: Wireless Telecommunications Facilities Ordinance (First Reading)

End

Fiscal Impact:

None

Dept/Office:

Planning and Development

Requested Action:

Recommendation

It is requested that the Board of County Commissioners conduct a public hearing to consider code revisions to Chapter 62, Article VI, Division 7, addressing emerging wireless technology.

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Summary Explanation and Background:

The Board of County Commissioners, in regular session on July 6, 2021, unanimously approved legislative intent and permission to advertise revisions to Chapter 62, Article VI, Division 7, in order to address emerging wireless technology, specifically incorporating small wireless facilities.  The proposed changes include defining small wireless facilities, establishing setback requirements for the placement of certain wireless telecommunication facilities, and restricting the placement of commercial small wireless facilities in residential zoning classifications.

 

The current definition of wireless telecommunications facilities contained in Section 62-2403 does not address certain new technologies, such as small wireless facilities. The proposed legislation amends the current definition of wireless telecommunications facilities to incorporate the definition of small wireless facilities as delineated in State law. Furthermore, the proposal amends Section 62-2422 in order to provide setback requirements for the placement of wireless telecommunications facilities as they relate to residential structures, child care facilities, and public and non-public schools. Finally, the amendment creates a new section of Code, Section 62-2425, which prohibits commercial wireless providers from installing wireless telecommunication facilities in residential zoning classifications.

 

On March 9, 2022, the Building Construction Advisory Committee heard the item and unanimously recommended approval.  

 

On March 14, 2022, the Local Planning Agency heard the request and voted 7:1 to recommend denial, due to health concerns of 5G technology, as well as future technologies not limited by the ordinance.

 

The second and final public hearing by the Board of County Commissioners will be held during the April 19, 2022, meeting beginning at 9:00 a.m.

Clerk to the Board Instructions:

None