Title
Resolution Opposing House Bill 1258 and Senate Bill 405 Pertaining to the Elimination of Local Government Control and Authority over the Installation and Operation of New Wireless Communication Structures
Purpose
PURPOSE/BACKGROUND:
Two bills have been introduced in the General Assembly, which if enacted, would eliminate most local control over the installation and operation of many new wireless structures. The bills - HB1258 (Kilgore) and SB405 (McDougle) - would mandate that localities adopt an administrative process for review of all co-locations on existing wireless structures and, more significantly, for all new communication towers that are not more than 50' in height, so long as they meet minimal criteria.
After meeting with local industry representatives in previous years and in response to the increasing need for data distribution over cellular networks, the City adopted zoning amendments to promote the expansion of small cell wireless facilities on existing buildings (“building-mounted antennas”), which are now permitted by-right in most zoning districts (without the need for a use permit) under defined criteria. In addition, the City has consistently supported colocation of wireless antennas on existing structures and, through use permit conditions, requires new communication towers to plan for co-locators in order to minimize the total number of towers in the City. However, due to the significant visual and developmental impact of standalone communication towers, the City has long required a use permit prior to installation of such towers. A use permit allows for a public hearing process before the Planning Commission and City Council, as well as a site-specific and detailed review of the proposed tower to determine whether it meets the placement guidelines contained within the Community Plan, whether it will interfere with public safety radio equipment, and whether it meets a significant gap in service coverage.
The proposed bills would e...
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