02/23/1998 Council Minutes - Laserfiche WebLink

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• COUNCIL MINUTES FEBRUARY 23, 1998 9. Commercial and public radio and television transmitting antennas and public utility microwave antennas are allowed only in rural and industrial districts. The previous ordinance draft allowed such antenna types within business districts as well. Council Member Lyden asked how restrictive the proposed ordinance is on a scale of one to ten with ten being the most restrictive, to which Mr. Kirmis responded "ten", particularly in the area of new tower construction. Mr. Hawkins added that challenges against such ordinances result in a success rate of one out of twelve. Council Member Lyden asked if the proposed setback distance could be increased. Mr. Kirmis explained that the distance proposed is an attempt to arrive at a reasonable compromise between the City's desires and federal requirements. Mr. Hawkins added that specific hardship would be required to make the setback more restrictive. Council Member Bergeson asked Mr. Hawkins about the impact on the City and its ordinance should a successful challenge occur. Mr. Hawkins responded that should a particular provision of the ordinance be challenged, there would be an opportunity to amend that provision to comply with a court order. Council Member Lyden requested the definition of "existing structure". Mr. Kirmis referred to • the Zoning Ordinance, and Ms. Wyland read aloud the definition as follows: Anything which is built, constructed or erected. An edifice or building of any kind or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Mayor Sullivan expressed appreciation that the Planning & Zoning Board referenced Council requests in evaluation of the proposed ordinance, specifically points raised by Mr. Dunn and Mr. Herr. She pointed out that reference to "intended character" will necessarily bring each installation request before the City for review. Ms. Wyland stated that specifically new towers will require conditional use permits, which inherently require such review. Council Member Lyden asked if it would be too restrictive to keep antennas out of residential areas completely. Council Member Bergeson asked about restrictions upon property owners against allowing installation of antennas upon existing structures. Ms. Wyland explained that such installation would be allowed, but with restrictions upon height. Council Member Dahl asked if antennas could be installed on homes, to which Mr. Kirmis responded the intent is that antennas be located on existing structures other than homes. Mayor Sullivan clarified that although the ordinance does not prohibit location of antennas on homes it does not encourage that application.