01-10020 Tower Moritorium(Published in The Salina Journal January42001)
ORDINANCE NUMBER O1-10020
AN ORDINANCE ESTABLISHING A 90 -DAY MORATORIUM ON THE
CONSTRUCTION OF NEW COMMUNICATION TOWERS AND ON THE DEVELOPMENT
OF PROPERTY FOR SUCH NEW TOWERS WITHIN THE CITY LIMITS OF THE CITY OF
SALINA, KANSAS.
WHEREAS, recent advances in wireless communications technology have resulted in a
new generation of cellular -type communication services called "Personal Communication Services"
("PCS"), which, particularly in combination with other wireless communication services, will likely
require additional antenna locations throughout the community; and
WHEREAS, those antenna may be located on existing structures, e.g. buildings and other
similar structures, but also may be located on communication towers constructed or enlarged for that
purpose; and
WHEREAS, communication tower site location/construction businesses, as well as PCS
service providers, have recently notified the City of a need in the near future for additional antenna sites
to improve service in the community; and
WHEREAS, these entities are pursuing antenna sites within the city limits and those
efforts are expected to include requests to construct new communications towers; and
WHEREAS, a preliminary city staff review has indicated that current city ordinances
related to siting of wireless communication towers may not adequately address issues related to those
towers, including appropriate locations, conditions of approval, public notice and participation, co -
location, height limitations and setbacks from residential or other sensitive uses; and
WHEREAS, since adoption of the current communication tower zoning regulations there
appears to be significant change in the Midwest and throughout the Country in how communities and
the communications industry address tower siting issues; and
WHEREAS, there is a need to provide the city government time to review and possibly
amend its land use regulations to adequately address issues relating to siting of wireless communication
facilities in a manner which addresses local concerns, provides the public with access to wireless
services for its safety, convenience, and productivity, and complies with the federal
Telecommunications Act of 1996; and
WHEREAS, a short-term moratorium can be an appropriate strategy to provide the
opportunity for city government and wireless service providers to expeditiously and effectively address
issues related to communication tower siting and construction. SO NOW THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Moratorium. There is hereby established a moratorium on the construction,
erection, placement, reconstruction, enlargement, or expansion of communication towers within the
City limits and on the development and use of property for such purposes.
Section 2. Definition. For purposes of the moratorium, the term "communication tower"
shall be as defined in Section 42-69(b)(4) of the Salina City Code.
Section 3. Applications. During the period of the moratorium, applications for permits
and approvals for communication towers shall continue to be accepted and administratively processed,
subject to ordinance provisions as may be revised during the moratorium; however no final decision,
approvals, or permits shall be issued by any city department, official, board, or commission.
Section 4. Exceptions. The moratorium shall not apply to:
(a) the lawful use of existing towers or the lawful erection of antennae
on existing towers;
ConsoliEaleESalim
(b) the repair and/or maintenance of a lawful existing tower, provided
that such work does not enlarge or expand that tower;
(c) work on a tower necessary to preserve health, safety, life, or
property in the case of an emergency; or
(d) the erection or placement of a temporary antenna support facility as
part of a plan or proposal to develop a new communication tower,
which temporary facility shall be allowed only by issuance of a
Special Use Permit with approval of the City Manager, based upon
his determination that the erection or placement of the temporary
facility furthers the public interest in that it provides additional
information to the City, the service provider, and the community
regarding service area coverage, tower height and setback impacts,
and other information helpful to the City in its consideration of new
or amended communication tower requirements. (The City
Manager shall establish in the Special Use Permit reasonable
conditions as to height, location, safety provisions and time limits
for the temporary facility to continue.)
Section 5. Penalty. Any violation of the moratorium shall be a misdemeanor punishable
as provided in Section 1-10 of the Salina City Code and shall require immediate dismantling and
removal of any construction, erection, placement, reconstruction, enlargement, or expansion of a
communication tower performed in violation of the moratorium.
Section 6. Effective Date and Term. This ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper, shall remain in effect for a
period of 90 days from its effective date, and shall expire at that time unless further extended by
ordinance.
Introduced: January 22, 2001
Passed: January 22, 2001
X�4�s -'
Alan E. Jilka, Ma r
[SEAL]
ATTEST:
mra R. Weber, Deputy City Clerk