ORDINANCE 09-05-01/375

AN ORDINANCE AMENDING THE ZONING ORDINANCE CONCERNING CO¬LOCATION OF TELECOMMUNICATIONS TOWERS

BE IT ORDAINED by the Brown County Commission, Aberdeen, South Dakota, to concur that the following changes and additions shall be made to the Aberdeen City Code.

WHEREAS, The City Council of the City of Aberdeen is charged with providing for the health and safety of its citizens: and
WHEREAS, the City Council has adopted a Zoning Ordinance in accordance with SDCL Ch. 11-4 for the purpose of promoting health, safety, and the general welfare of the community; and
WHEREAS, the City Council has determined that the following ordinance will further the goals and designs of the Zoning Ordinance and benefit the health, safety, and general welfare of its citizens.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF ABERDEEN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE:

ARTICLE V. DEFINITIONS USED IN THIS ORDINANCE
Co-location: The act of siting telecommunications facilities in the same location on the same support structure as other telecommunication facilities. Collocation may also refer to locating telecommunications facilities on an existing structure (i.e. buildings, water tanks, towers, utility poles, etc.) without the need to construct a new support structure.
Stealth Communication Facility: Any telecommunications facility that is integrated as an architectural feature of an existing or permitted structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer.
Telecommunications Facilities: Any facility established for the purpose of providing wireless transmission of voice, data, images or other information including but not limited to, cellular telephone service, personal communications service(PCS), paging services, and radio
broadcasting. A telecommunication facility can consist of one or more antennas and accessory equipment or one base station.

ARTICLE VII ZONING DISTRICTS

Section 707. Highway Commercial.
707.2. Permitted uses. In the (C-2) highway commercial district, buildings, structures, and land shall be used for only the following purposes:
13. Telecommunication equipment co-located on existing towers and facilities or Stealth Telecommunication Facilities that will not increase the height or area of the supporting facility.
707.3. Special exceptions. The Board of Zoning Adjustment for the City of Aberdeen may, by special permit, after a public hearing and subject to such conditions and protective restrictions as set forth in article XI, authorize the following special uses:
9. New telecommunication facilities or additions in height or area of existing facilities.

Section 708. (C-3) Central business district.
708.2. Permitted uses. In the (C-3) central business district zone, buildings, structures, and land shall be used only for the following purposes:
22. Telecommunication equipment co-located on existing towers and facilities or Stealth Telecommunication Facilities that will not increase the height or area of the supporting structure
708.3. Special exceptions. The Board of Zoning Adjustment for the City of Aberdeen, may, by special permit, after a public hearing and subject to such conditions and protective restrictions as set forth in article XI authorize the following exceptions:
9. New telecommunication facilities or additions in height or area of existing facilities.

Section 710. (1-2) Unrestricted industrial district.
710.2. Permitted uses. Within the unrestricted industrial district, buildings, structures, and land shall be used only for the following purposes:
28. Telecommunication equipment co-located on existing towers and facilities or Stealth Telecommunication Facilities that will not increase the height or area of the supporting structure.
710.3 Special exceptions. The Board of Zoning Adjustment for the City of Aberdeen, may, by special permit, after a public hearing and subject to such conditions and protective restrictions as set forth in article XI authorize the following exceptions:
11. New telecommunication facilities or additions in height or area of existing facilities.


Notice of Hearing May 13 & 20, 2009

Passed First Reading May 26, 2009

Passed Second Reading June 1, 2009

Adopted June 1, 2009

Published June 10, 2009

Effective Date June 30, 2009




Tom Fischbach, Chairman
Brown County Commission



ATTEST:
Maxine Taylor, Brown County Auditor