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

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Item Coversheet Page 1 of 1 �v Economic&Community Development DATE: 9/4/2018 MEMO: No. 18-31 TO: Honorable Mayor Julie Moore Wolfe and City Council FROM: Billy Tyus,Interim City Manager Raymond Lai,AICP,Economic and Community Development Director SUBJECT: Amendments to Zoning Ordinance(Ordinance#3512,as amended)regarding Small Wireless Facilities SUMMARY RECOMMENDATION: Staff recommends approval of the amendments to the City of Decatur Zoning Ordinance (Ordinance #3512, as amended) as proposed. The City Plan Commission voted 6-0 to recommend approval of this petition at the August 2, 2018 meeting; the minutes of the meeting are attached. PRIOR COUNCIL ACTION: 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".It sets forth the requirements for the collocation of small wireless facilities by local authorities such as the City of Decatur.Other than regulating the placement of small cell towers on the public rights-of- way,it also provides for regulations regarding zoning,spacing,height and application requirements. Municipalities throughout Illinois were required 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. 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. POTENTIAL OBJECTIONS: No objectors spoke at the Plan Commission meeting. INPUT FROM OTHER SOURCES: N/A STAFF REFERENCE: Any additional questions may be forwarded to Raymond Lai at 424-2727 or rlai@decaturil.gov BUDGET/'I'IME IMPLICATIONS: None ATTACHMENTS: Description Type Ordinance Orc(inancc Supporting Documentation liackup Material https://decatur.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1668 8/31/2018