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06-09-03 Council Meeting Minutes
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06-09-03 Council Meeting Minutes
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City Council - City Clerk
City Council - Document Type
Council Mtg Minutes
City Counci - Date
6/9/2003
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REGULAR MEETING <br />JUNE 9, 2003 <br />Mr. Myers advised that this bill was initiated by the Common Council and amends Chapter 21 of <br />the South Bend Municipal Code by the inclusion of a new Article 13 entitled Regulations for <br />Wireless Telecommunications Facilities. <br />The Area Plan Commission, based on its Public Hearing held on May 20, 2003, sent this petition <br />to the Council with a favorable recommendation. The proposed ordinance contains regulations from <br />the forthcoming South Bend Zoning Ordinance. These regulations will aid the City by encouraging <br />the orderly development of wireless telecommunication technologies for the benefit of the City and <br />its citizens. <br />Councilmember Ervin Kuspa, Sixth District Councilmember and Chairperson of the Zoning and <br />Annexation Committee, no address given, made the presentation for this bill. <br />Councilmember Kuspa advised that the Council has initiated the proposed wireless <br />telecommunications ordinance in the hope of creating reasonable zoning regulations which are <br />respectful to City residents and neighborhoods, which is consistent with federal law regulating the <br />wireless technology industry and which addresses the orderly development of this technology <br />throughout the City. He noted that the proposed ordinance would create a new Article 13 to Chapter <br />21 of the Zoning Chapter of the South Bend Municipal Code. It is a result of much study and <br />discussion which began in December of 2002 with the assistance of the Area Plan staff members, <br />members of the Council, the Building Commissioner and representatives of the Baker & Daniels <br />Law Firm. The proposed ordinance would set forth definitions, would create a siting hierarchy for <br />location of such technology, would require that a Special Exception be requested for locations and <br />it would require removal of any tower and related structures which have been abandoned from its <br />use for one (1) year. The bill would require security to assure such removal and would establish <br />enforcement procedures and penalties. Councilmember Kuspa stated that he believes that this <br />ordinance is definitely in the public's best interest since it carefully balances the rights of citizens <br />to be protected from visual clutter and the rights of those who wish to develop wireless <br />communications in the City. Councilmember Kuspa urged the Council to recommend favorably on <br />this proposed ordinance. <br />This being the time heretofore set for the Public Hearing on the above bill, proponents and <br />opponents were given an opportunity to be heard. <br />There being no one present wishing to speak to the Council either in favor of or in opposition to this <br />bill, Councilmember Varner made a motion for favorable recommendation of the second substitute <br />version of this bill to the full Council. Councilmember Coleman seconded the motion which carried <br />by a voice vote of nine (9) ayes. <br />BILL NO. 41 -03 PUBLIC HEARING ON A BILL OF THE COMMON <br />COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, <br />AMENDING CHAPTER 5 OF THE SOUTH BEND <br />MUNICIPAL CODE BY THE INCLUSION OF NEW <br />ARTICLE 3.1 ENTITLED ANIMALS PROHIBITED TO BE <br />BROUGHT TO LARGE EVENTS HELD ON PUBLIC <br />PROPERTY <br />
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