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File #: ORD-0081-2008    Version: 1 Name: Moratorium Extension/Wireless Communication Facilities
Type: Ordinance Status: Passed
File created: 4/7/2008 In control: City Council
On agenda: Final action: 4/7/2008
Title: AN ORDINANCE TO EXTEND A TEMPORARY MORATORIUM UPON ANY TYPE OF APPROVAL OF ALL APPLICATIONS FOR CONSTRUCTION OF AND/OR MODIFICATIONS TO WIRELESS COMMUNICATIONS FACILITIES WITHIN THE CORPORATE LIMITS OF THE CITY OF GAHANNA UNTIL 90 DAYS AFTER THE EXPIRATION OF THE ORIGINAL TEMPORARY MORATORIUM; AND TO DECLARE AN EMERGENCY.
Indexes: CITY ATTORNEY, COMMUNICATIONS, ORDINANCE
Title
AN ORDINANCE TO EXTEND A TEMPORARY MORATORIUM UPON ANY TYPE OF APPROVAL OF ALL APPLICATIONS FOR CONSTRUCTION OF AND/OR MODIFICATIONS TO WIRELESS COMMUNICATIONS FACILITIES WITHIN THE CORPORATE LIMITS OF THE CITY OF GAHANNA UNTIL 90 DAYS AFTER THE EXPIRATION OF THE ORIGINAL TEMPORARY MORATORIUM; AND TO DECLARE AN EMERGENCY.

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WHEREAS, the City of Gahanna established Chapter 1179 of the Codified Ordinances, Satellite Earth Stations, to regulate satellite earth stations, while other antennas are regulated in Chapter 1167; and

WHEREAS, the ordinance to approve Chapter 1179 (Ordinance 51-94) was approved June 7, 1994, and this chapter has not been significantly altered since that date; and

WHEREAS, there have been both technological advancements and legal developments and the City staff has determined that they need time to review and make major amendments to its regulations to address issues relating to the siting of wireless facilities in a way that addresses local concerns, new standards, and policies as determined by a wireless facilities plan; which will provide the public with access to wireless services, and complies with federal and state law; and

WHEREAS, ORD-0231-2007 established a 180 day moratorium upon any type of approval of all applications for construction of and/or modifications to wireless communications facilities within the corporate limits of the City of Gahanna; and

WHEREAS, additional time is needed to allow comments by providers on the draft wireless facilities plan and ordinance; and

WHEREAS, in order to complete this review by the providers, and develop a final draft of the wireless facilities plan and ordinance, and permitting process; an extension of the temporary moratorium is imposed upon any type of approval of applications for wireless communications facilities, cellular facilities and sites, and development permits for an additional ninety (90) days after the expiration of the original m...

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