9426-03 Amend Chapter 21, The Inclusion of new Article 13 Entitled Regulations for Wireless Telecommunications Facilities

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ORDINANCE N0. 1 ~1~-1p- Q3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED REGULATIONS FOR WIRELESS TELECOMMUNICATIONS FACILITIES STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, recognizes that since July 2002 a Steering Committee made up of representatives of the Area Plan Commission staff, the South Bend Common Council, the Department of Community and Economic Development, the Public Works Department, and the Building Department has been meeting to work on updating the South Bend Zoning Ordinance. Since December 23, 2002, the Steering Committee has been reviewing draft cell tower regulations which were presented to meet the pressing needs of the community. It has been determined that regulations are necessary to encourage the orderly development of wireless communication technologies for the benefit of the city and its citizens which recognizes the chazacter of the neighborhoods of the city. As a matter of public policy, the city aims to encourage the delivery of wireless technologies throughout the city while controlling the proliferation of communication towers. Such development activities will promote and protect the health, safety, prosperity and general welfare of persons living in the City of South Bend, Indiana. The following regulations addressing wireless telecommunications facilities aze further aimed to provide comprehensive services to the community while protecting the city from visual clutter so that such facilities are compatible with existing and future land use developments. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21 of the South Bend Municipal Code is hereby amended by the inclusion of new Article 13 entitled Regulations for Wireless Telecommunications Facilities which shall read in its entirety as follows: Article 13. Regulations for Wireless Telecommunications Facilities. Sec. 21-192 Intent and Purpose. Sec. 21-193 Wireless Telecommunications Facilities Regulations. Sec. 21-194 Siting Hierarchy of Wireless Telecommunications Facilities. Sec. 21-195 Development Standards. Sec. 21-196 Abandonment and Removal of Telecommunications Towers, Antenna Arrays, Associated Equipment and Buildings. Sec. 21-197 Limitations on Special Exceptions. Sec. 21-198 Enforcement.