Broken Arrow Planning Commission
04-13-2017
To: Chairman and Commission Members
From: Development Services Department
Title:
title
Public hearing, consideration, and possible action regarding a proposal to amend Chapter 5, Section 5.9 Telecommunication Towers, of the Broken Arrow Zoning Ordinance.
End
Background:
Earlier this year, staff was approached by the Legal Department in a request to update Chapter 5, Section 5.9 (Telecommunication Towers) of the Broken Arrow Zoning Ordinance. Amending this section of the Zoning Ordinance will bring it into compliance with current law, to clarify uses, and to add a new section for Small Wireless Facilities. The Legal Department submitted the current Zoning Ordinance to outside council for review and update. The draft was sent back to the Legal Department and shared with Staff. The majority of the changes to Section 5.9 were to group uses under three primary areas: Telecommunication Towers, Antennas, and Small Wireless Facilities.
The following items have been added, amended, or removed:
Added:
1. Definitions, Section B (5.9.B) of Chapter 5 the Zoning Ordinance:
a. This section provides clear definitions of terms used throughout 5.9.
2. Small Wireless Facilities, Section E (5.9.E) of Chapter 5 of the Zoning Ordinance:
a. Small cell facilities are becoming increasingly popular as a way of expanding coverage and increasing network capacity. With mobile data traffic expected to double annually, providers have indicated that small cell facilities are necessary to expand the capacity of wireless networks. Requests for small cell antenna installations in the City of Broken Arrow are expected to rise in the coming years as the need for data increases. Through the update of this ordinance the City is meeting the requirements of federal legislation while respecting the integrity of our residential neighborhoods and commercial areas by regulating their installation.
b. The nodes and antennas are often installed on existing strictures and in right-of-way (ROW) structures like telephone poles and streetlights. Companies that want to install small cell facilities in the City of Broken Arrow ROW must first enter into a Right-of-Way Agreement.
Amended:
1. Under Other Industrial Land the following sentence was changed:
a. “The Director may also approve”…was changed to: “The City Manager or his designee may approve…”
Removed:
1. Under Maintenance, Operation, and Removal the following sentence was removed:
a. Each tower owner building(s) and the support or tower structure, including the cost of removal in the event the facility is abandoned for more than one (1) year.
2. Under Billboards the following was removed:
a. …except under 5.9(I()5).
3. Section 5.9.U.3 has been removed.
This item was advertised in the Tulsa Business and Legal News on March 24, 2017.
Attachments: DRAFT 5.9 zoning code ordinance Cell Tower with changes
Current City of Broken Arrow Zoning Ordinance Section 5.9
Recommendation: Staff recommends that 5.9 of the Zoning Ordinance be amended, as presented.
Reviewed By: Larry R. Curtis
Approved By: Michael W. Skates
LRC