01-10032 Tower MoritoriumConsoiiOaieDSelina
(Published in The Salina Journal MaylB 2001)
ORDINANCE NUMBER 01-10032
AN ORDINANCE ESTABLISHING A 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, on January 22, 2001, the Governing Body adopted Ordinance No. 01-10020
establishing a 90 -day moratorium on the construction of new communication towers and the
development of property for such towers within the city of Salina; and
WHEREAS, for the same reasons set forth in Ordinance No. 01-10020, an additional
moratorium through June 8, 2001, is necessary to allow for Salina Planning Commission and City
Commission consideration of a proposed ordinance relating to the standards and requirements for the
installation of wireless telecommunication towers and antennas. 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;
(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.
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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 and shall remain in effect
through June 8, 2001.
Introduced: May 14, 2001
Passed: May 14, 2001
stin M. Se on, Mayor
[SEAL]
ATTEST:
Lieu Ann Nicola, City Clerk