2018-40 Ordinance Amending Zoning Ordinance Section II. Definitions Section XXVII. Wireless Facilities Section XXX Zoning Board of Appeals

Home Browse Search

Excerpts from Plan Commission Meeting of August 2,2018: Case No. 18-34 Petition of RAYMOND LAI, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT of the City of Decatur, for proposed amendments to the City of Decatur Zoning Ordinance (Ord. #3512, as amended) regarding small wireless facilities, including but not be limited to Section II Definitions, Section XXVII Wireless Facilities, and Section XXX Zoning Board of Appeals. It was moved and seconded (Myatt/Peoples)to forward Case No. 18-34 to the City Council with a recommendation for approval as set forth in the staff report. Mr. Ray Lai discussed and presented slides (available for viewing upon request) along with the recommendation of staff: The Illinois General Assembly has recently enacted Public Act 100-0585, known as the Small Wireless Facilities Deployment Act (Act), which became effective on June 1, 2018. The Act restricts the regulatory authority of Illinois municipalities over small wireless facilities, commonly known as "small cells". Municipalities throughout Illinois were provided two months from the effective date of June 1, 2018, to either adopt fees through an ordinance or provide a fee schedule, pursuant to the Act. Accordingly, on July 16, 2018,the City Council of Decatur considered and approved an amendment of the City Code by adding a new Chapter 41.2 titled Small Wireless Facilities via Ordinance 2018-29. Public right-of-way is viewed as a very convenient location for these small cell wireless facilities. Per Ordinance 2018-29, small wireless facilities shall be classified as permitted uses and subject to administrative review, except as provided in provisions regarding height exceptions or variances, but not subject to zoning review or approval if they are collocated (i) in rights-of-way in any zoning district, or(ii) outside rights-of-way in property zoned exclusively for commercial or industrial use. Thus, in keeping with the Act and Ordinance 2018-29, corresponding and related amendments to the City of Decatur Zoning Ordinance are warranted. In keeping with the Act and Ordinance 2018-29, corresponding amendments are considered necessary and appropriate to certain sections of the Zoning Ordinance including "Definitions" section (Section II), "Wireless Facilities" section(Section XXVII), and the Zoning Board of Appeals in the "Zoning Board of Appeals" section(Section XXX). Current zoning regulations for all wireless communication facilities including small wireless facilities still apply, except those small wireless facilities collocated(i) in rights-of-way in any zoning district, or(ii) outside rights-of-way in property zoned exclusively for commercial or industrial use. These exempted small wireless facilities are subject to provisions contained in Ordinance 2018-29 (Chapter 41.2 Small Wireless Facilities of the City Code of the City of Decatur).