City of Harrisonburg - File #: ORD 15-043

• File #: ORD 15-043
• Version: 1
• Name: Zoning Ordinances - Telecommunications
• Type: PH-Zoning Ordinance
• Status: Passed
• File created: 6/30/2015
• In control: City Council
• On agenda: 7/28/2015
• Final action: 7/28/2015
• Title: Consider amending the Zoning Ordinance Sections 10-3-24, 10-3-34, 10-3-35, 10-3-40, 10-3-41, 10-3-46, 10-3-47, 10-3-48.4, 10-3-48.5, 10-3-52, 10-3-53, 10-3-55.4, 10-3-55.5, 10-3-56.4, 10-3-56.5, 10-3-57.4, 10-3-57.5, 10-3-58.4, 10-3-58.5, 10-3-84, 10-3-85, 10-3-86, 10-3-90, 10-3-91, 10-3-92, 10-3-96, 10-3-97, 10-3-98, 10-3-129, 10-3-180, and 10-3-181 and to add a new Article CC. Wireless Telecommunication Facilities with new Sections 10-3-195 through 10-3-203

Date	Ver.	Action By	Action	Result
7/28/2015	1	City Council	approved on second reading
7/14/2015	1	City Council	approved on first reading	Pass

Subject:
Title
Consider amending the Zoning Ordinance Sections 10-3-24, 10-3-34, 10-3-35, 10-3-40, 10-3-41, 10-3-46, 10-3-47, 10-3-48.4, 10-3-48.5, 10-3-52, 10-3-53, 10-3-55.4, 10-3-55.5, 10-3-56.4, 10-3-56.5, 10-3-57.4, 10-3-57.5, 10-3-58.4, 10-3-58.5, 10-3-84, 10-3-85, 10-3-86, 10-3-90, 10-3-91, 10-3-92, 10-3-96, 10-3-97, 10-3-98, 10-3-129, 10-3-180, and 10-3-181 and to add a new Article CC. Wireless Telecommunication Facilities with new Sections 10-3-195 through 10-3-203
body
Presented By: Adam Fletcher, City Planner.

Recommendation and Review
Planning Commission recommended approval (6-0) of the request to amend the Zoning Ordinance by modifying multiple existing sections and to add a new article to the Code. Changes to the existing Code include those needed in the Definitions section and then proceeding through the code sections of most of the zoning districts and specifying the different types of wireless telecommunications facilities that will be permitted and whether they would be allowed by right or by special use permit. The new article includes the specifics of how wireless telecommunications facilities would be permitted within all residential districts and the MX-U district, the B-1 and B-2 districts, and the M-1 district. There are submittal and application requirements, rules for submitting annual reports for each facility, maintenance and enforcement regulations, stipulations regarding the removal of defective and abandoned facilities, and finally specifics regarding how property owners can take advantage of Section 6409 of the Spectrum Act.

In addition to the modifications associated with wireless telecommunications facilities, the Zoning Ordinance Section 10-3-84 Uses Permitted By Right within the B-1, Central Business District would also be modified by adding "radio and television stations and studios or recording studios" as an additional set of uses permitted by right, where all antennas and satellites and associated equipment ...