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UDC Text Amendment_Towers and AntennasPlanning Services Department City Hall 50 West 13111 Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org Dubuque hitil All-American '111' 2012 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Masterpiece on the Mississippi May 7, 2013 Applicant: City of Dubuque Description: Amend Section 7 -2 Towers and Antennas of the Unified Development Code to establish timelines for review of applications. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report and related materials are attached for your review. Discussion Planning Services Staff Member Kyle Kritz reviewed the proposed text amendment that will establish timelines for review of complete applications for both new and modified wireless telecommunication facilities. The changes were necessary as a result of a Federal Communication Commission ruling. There were no public comments. The Zoning Advisory Commission discussed the request and felt it was appropriate. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, L fum im Charles Miller, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi ❑Variance ❑Conditional Use Permit ❑Appeal ❑Special Exception ❑ Limited Setback Waiver ❑ Rezoning /PUD /ID Dubuque '111J' 2012 PLANNING APPLICATION FORM ❑Preliminary Plat ['Major Final Plat ❑Minor Final Plat ['Simple Site Plan ['Minor Site Plan ❑Major Site Plan ❑Simple Subdivision ®Text Amendment ❑Temporary Use Permit ❑Annexation ['Historic Revolving Loan ❑Historic Housing Grant Please type or print legibly in ink Property owner(s): Address: City: Fax #: City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563 -589 -4210 Fax: 563 -589 -4221 planningeo citvofdubuclue.orq ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability ❑Historic Designation ❑Demolition in Conservation Districts OPort of Dubuque Design Review Phone: State: Zip: Cell #: E -mail: Applicant /Agent: City of Dubuque Address: 50 W. 13th Street Fax #: 563 -589 -4221 Site location /address: N/A Phone: 5635894210 City: Dubuque State: IA Zip: 52001 Cell #: N/A E -mail: olanning@citvofdubuoue.org Existing zoning: N/A Proposed zoning: N/A Neighborhood Association: N/A District: N/A Landmark: ❑ Yes ® No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Total property (lot) area (square feet or acres): Describe proposal and reason necessary (attach a letter of explanation, if needed): Amend Section 7 -2 Towers and Antennas of the Unified Develo.ment Code to establish timelines for review and a..lications CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): Date: Applicant /Agent: Date: FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: Received by: Date: 917./3 Docket: Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner 7 x. Dubuque All•IUnericaCilr 111' 2012 April 19, 2013 SUBJECT: Amendment to Section 7 -2 Towers and Antennas setting timelines for review of applications for the installation of communication towers and antennas. INTRODUCTION The Federal Communications Commission (FCC) has issued a ruling defining what is a "reasonable period of time" for processing wireless communication applications. This ruling was a result of the FCC finding that some local governments were delaying deployment of wireless communication facilities through onerous processing requirements. The proposed amendments to Section 7 -2 of the Unified Development Code (UDC) are meant to address the FCC ruling. DISCUSSION The FCC ruling establishing "a reasonable period of time" to process wireless applications addresses concerns raised by wireless telecommunications providers that their applications are unreasonably held up by local processing requirements. The FCC has determined that 90 days for co- location requests and 150 days for new applications is sufficient for local jurisdictions to process such applications. The UDC currently requires that new towers in all zoning districts, except for industrial districts, receive a conditional use permit from the Zoning Board of Adjustment. Processing of a complete application typically takes approximately 30 days. A site plan is also required to be submitted and typically requires less than 30 days to review and approve. Planning staff does not anticipate any problem complying with the 150 days allowed by the FCC ruling. The second "shot clock" is for co- location requests. Typically, these requests involve the addition or modification of antennas on existing host structures. A host structure can be a tower, building or other structure such as a water tank. The UDC requires that these co- location applications be reviewed as a simple site plan. A simple site plan typically takes approximately 7 -10 days to process once a complete application is submitted. Memo to Zoning Advisory Commission Page 2 Planning staff would note that when the City Council approved our first wireless telecommunication ordinance in 1999, it was structured to provide incentive for existing towers and other host structures to be utilized for new or modified antennas rather than having a proliferation of single user sites. The incentive was built -in in terms of the very quick processing times for co- location applications. Planning and Legal staff reviewed the City's UDC and found the only changes necessary to comply with the FCC ruling are those involving inclusion of the "shot clocks" into the ordinance. Attached to this memorandum is information from a conference presentation attended by the City's Legal staff last year in Washington D.C. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the information in this memorandum and recommend City Council approval of the proposed amendments to Section 7 -2 Towers and Antennas, to establish timelines for review of applications. KLK/mkr Attachments cc: Barry A. Lindahl, City Attorney Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 ORDINANCE NO. 25 -13 AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES, TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 7 SUPPLEMENTAL USE REGULATIONS, SECTION 7 -2.3 COMMUNICATION TOWER STANDARDS AND SECTION 7 -2.4 ANTENNAS TO ADD TIMELINES FOR REVIEW OF APPLICATIONS RELATED TO INSTALLATION OF COMMUNICATION TOWERS AND ANTENNAS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 16 -7 -2.3 is hereby amended to add the following provision: 16 -7 -2.3 Communication Tower Standards G. Processing of Major Site Plans generally takes 10 -21 days depending on the quality of the submitted site plan. Applicants shall be notified within 30 days of filing a site plan if the application is incomplete. If the City of Dubuque has not approved, denied, or returned the application as incomplete within 150 days, the application shall be deemed approved. Section 2. City of Dubuque Code of Ordinances Section 16- 22.4(A) is hereby amended to add the following provision: 16- 7- 2.4(A) Antennas 4. Processing of a Simple Site Plan generally takes 1 -5 days depending on the quality of the submitted site plan. Applicants shall be notified within 30 days of filing a site plan if the application is incomplete. If the City of Dubuque has not approved, denied, or returned the application as incomplete within 90 days, the application shall be deemed approved. 16- 7- 2.4(H) Antennas Modification of existing facilities, including co- location, removal and replacement of transmission equipment, that does not substantially change the physical dimensions of the existing facility, does not require submittal of a simple site plan. A building permit may be required. Section 3.This amendment has heretofore been reviewed by the Zoning Advisory Commission. Section 4. This Ordinance shall take effect immediately upon publication. Passed, approved and adopted this 20th day of May, 2013. fi Roy D. Buo,Y/ Mayor Attest: Trish L. Gleason, CMC, Assistant City Clerk CITY OF DUBUQUE, 1011VA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings at a meeting to commence at 6 :30 p.m. on Ma 20, 2013, in the Historic Federal Building, 350 West 6th Street, on the follow- ing: Rezoning Request by Jon Kluck, 8005 Seippel Court, to rezone existing CS Commercial Service and Wholesale District with conditions to re- duce the north side setback from 50 feet to 20 feet. Text Amendments Request by Premier Bank, 140 W 9th Street, to amend Article 15- 11.10 to ! permit free- standing signs along W 9th St between Iowa & Main Street in a C-4 Downtown Commercial Zoning District Request by the City of Dubuque to amend Section 7 -2 Towers and Antennas of the Unified Development Code to establish timelines for review of applications. Request by the City of Dubuque to amend Section 11 -7(0) Major Subdivisions and Sec - tion 11 -15(H) Streets of the Unified Develop - ment Code to require that street names be included on prelimina- ry plats. Request by the City of Dubuque to amend Section 6 -4 Flood 'Haz- ard Overlay District of the Unified Develop - ment Code. Copies of supporting documents for the pub- lic hearings are on file in the City Clerk's Of- fice and may be viewed during normal working hours. Written comments re- garding the above pub- lic hearings may be submitted to the City Clerk's Office on or be- fore said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an oppor- tunity to be heard for or against said actions. Any visual or hearing impaired persons needing special assis- tance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4120 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl, CMC, City Clerk 5/10 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 10, 2013, and for which the charge is $25.75. Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this „./ day of , 20 . Notary Public in and for Dubuque County, Iowa. MARY K. W ESTiwFi,1... Comm;s to 1 N Connecting: America's Public Sector to the National. Broadband Plan Bac less 7 The Fifth Circuit "Shot Clock" ecisien and the New Wireless reegcm. lion Provision in the 2112 Payroll Tax Cut Legislation: by Tim Lay 2012 IMLA Mid -Year Seminar Washington, DC April 23, 2012 Section 332(c)(7)(A) protects local zoning: o ... "nothing in [the Communications Act]" may "limit or affect" state or local authority with respect to wireless siting, "except as provided" in Section 332(c)(7). Section 332(c)(7)(B) imposes five limitations on local governments — they: • may not "unreasonably discriminate" among providers of functionally equivalent services (332 (c) (7) (B) (i) (I )) o may not prohibit or effectively prohibit provision of PWS (332(c)(7)(B)(i)(II)) o must act on request within "reasonable period of time" (332(c)(7)(B)(ii)) o must make any denial decision "in writing," supported by "substantial evidence" (332(c)(7)(B)(iii)) W may not regulate RF — but may require applicant to satisfy FCC rules (332(c)(7)(B)(iv)) Provides (at (332(c)(7)(B)(v)) for court review on expedited basis of any violation of §332(c)(7)(B), and for FCC action only where a locality denies a wireless application on the basis of RF concerns; FCC otherwise not mentioned in (332(c)(7)(B)). In 2008, wireless industry asked FCC to issue a ruling defining what "reasonable period of time" and "prohibit provision of" PWS mean — and to rule that if a locality failed to act within a specific period of time, the application would be deemed granted. Industry claimed — .based on unsubstantiated allegations — that local governments were delaying deployment of wireless and broadband. > Local governments argued that, except for RF issues, Congress intended for localities and the courts to implement Section 332(c)(7)(B), and the FCC had no authority to intrude on local zoning processes. Legis. history offers strong support. • FCC ruled, among other thongs: o Local governments were delaying deployment; FCC action was needed. • Based on other provisions of the Act, it did have authority to interpret and implement any vague provisions of Section 332(c)(7). o It could decide what sort of local zoning actions were "prohibitions." • It could define what a "reasonable period" of time was. • The FCC adopted nationwide presumptive "shot clocks" for a "reasonable period of time" to process wireless applications. o 90 days for collocation requests. o 150 days for new siting applications. ® Time runs from a "complete application." o But only if locality notifies the applicant within 30 days of filing that the application is incomplete. > The FCC declared that a State or local government that denies a siting application for personal wireless service facilities solely because "one or more carriers serve a given geographic market" has engaged in unlawful regulation that "prohibits or ha[s] the effect of prohibiting the provision of personal wireless. services." (Circuits were split on this issue.) But see T- Mobile v. Fairfax County Bd. of Supervisors, No. 11 -1060 (4th Cir. filed March 1, 2012). • NATOA asked the FCC to reconsider its decision and (among other things) clarify what was meant by a "complete application." • City of Arlington, Texas, filed an appeal of the decision in the 5th Circuit. San Antonio and others intervened. • After significant delay, the FCC denied NATOA's reconsideration petition. San Antonio appealed that to the 5th Circuit. NATOA and other national organizations intervened in the San Antonio appeal. "Shot clocks" were inconsistent with many state and local laws governing zoning processes. > "Shot clocks" created significant uncertainty as to how localities might manage zoning processes that involve multiple approvals — e.g., public hearing requirements, admin. zoning appeals, FAA approvals, etc. More importantly: if FCC has authority to implement Section 332(c)(7), it could adopt still -more stringent rules that could disrupt local zoning. In the FCC's pending ROW NO/ proceeding, it applied the same principle it used to construe Section 332(c)(7) (it can define any vague language in the Communications Act) in tentatively deciding it could define terms in Section 253, which (among other things) permits localities to obtain "fair and reasonable" compensation for use of rights- of -way (ROW). The FCC's "Shot Clock" decision therefore threatened to make traditional local zoning and ROW compensation subject to FCC regulation, with significant and adverse potential budget implications for localities: Direct — Loss of local government fee revenue. Indirect — Increased risk of litigation and thus increased litigation costs. Arlington & San Antonio arguments included following: Section 332(c)(7) itself gives FCC no authority over local zoning (except as to RF). FCC implemented Section 332(c)(7) relying on other provisions of Act. Because 332(c)(7) says "nothing" in the Act outside of 332(c)(7) may limit or affect local authority, FCC could not rely on those other provisions to limit or affect local zoning — FCC lacks jurisdiction over local zoning. The FCC's process was defective, failing to comply with either the requirements that apply to rulemaking, or the requirements that apply to adjudications. (Notably, under a normal adjudication, the industry could not have relied on allegations regarding actions by unnamed communities to support claims that localities were delaying deployment.) The resulting shot clocks were arbitrary, and inconsistent with Section 332(c)(7)'s language and legislative history. "Reasonableness" of local actions was to be assessed by considering whether wireless applications were being treated similarly to other non - wireless applications. 9 > San Antonio appeal dismissed on procedural grounds. • Court said that while the filing of a reconsideration petition tolls the deadline for filing an appeal for the entity that files for reconsideration, if the recon is denied, the deadline is not tolled for others — even entities (like San Antonio) that participate in the recon proceeding. San Antonio intervened in Arlington appeal, but court refused to consider 2 San Antonio arguments — the "prohibition" & RegFlex arguments -- that it decided were not raised by Arlington. • Effect: may require localities to file protective appeals to preserve rights to challenge FCC orders & to appeal rather than intervene. Court ruled: Scope of FCC jurisdiction under Section 332(c)(7) was unclear and therefore deference was owed to agency's interpretation of its own authority. Court acknowledged that this ruling was inconsistent with Chevron "step zero" decisions of some other circuits. Court barely considered meaning of "nothing in this Act" language — inaccurately suggesting Section 332(c)(7) was "silent" as to scope of FCC's authority. Court largely ignored legislative history. While processes FCC followed were questionable, court saw no harm that flowed from .FCC's failure to follow procedures (court basically assumed no harm followed from industry's anonymous and unsubstantiated allegations). 11 Court found shot clocks consistent with Congressional intent, because shot clocks only create a "bubble- bursting" presumption that locality has acted unreasonably; if locality rebuts that presumption, the burden shifts to the wireless provider to prove that the locality acted unreasonably. The "bubble- bursting presumption" language may be helpful in practice to local governments. May merely require that locality show that there was some claimed basis for a delay in acting (including a failure of an applicant to respond to information requests, or what the locality's usual processing time is). But local governments still face litigation cost burden and risk. 13 The decision, unless overturned, paves the way for assertion of broad FCC authority over local zoning, right of way management and right of way compensation. Two rehearing petitions filed on March 8. City of Arlington et al. New Orleans City Council Communications Committee Both argue (among other things) that the panel's decision departs from prior 5th Cir. precedent construing Chevron and federal preemption. If rehearing is not granted, next and last option would be to file a petition for certiorari to the Supreme Court. Congress enacted HR 3630, most publicized for extending payroll tax deduction (signed into law by President on 2/22/2012). Bill also allocates spectrum & $$ to public safety BUT establishes a new wireless siting preemption rule that applies notwithstanding Section 332(c)(7) or "any other provision of law." FCC is given authority to implement the new wireless siting provision. Sec. 6409. WIRELESS FACILITIES DEPLOYMENT. (a) Facilities Modifications (1) "IN GENERAL ....a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." (2) ELIGIBLE FACILITIES REQUEST. —For purposes of this subsection, the term "eligible facilities request" means any request for modification of an existing wireless tower or base station that involves — (A) collocation of new transmission equipment; (B) removal of transmission equipment; or (C) replacement of transmission equipment. (3) APPLICABILITY OF ENVIRONMENTAL LAWS. — Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act or the National Environmental Policy Act of 1969. 15 (b) Federal easements and rights- of -way.- (1) GRANT. —If an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization applies for the grant of an easement or right -of -way to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, and maintain wireless service antenna structures and equipment and backhaul transmission equipment, the executive agency having control of the building or other property may grant to the applicant, on behalf of the Federal Government, an easement or right -of- way to perform such installation, construction, and maintenance. (2) APPLICATION. —The Administrator of General Services shall develop a common form for applications for easements and rights -of- way... (3) FEE. — (A) IN GENERAL. — Notwithstanding any other provision of law, the Administrator of General Services shall establish a fee for the grant of an easement or right -of -way pursuant to paragraph (1) that is based on direct cost recovery. (B) EXCEPTIONS. —The Administrator of General Services may establish exceptions to the fee amount required under subparagraph (A)— (i) in consideration of the public benefit provided by a grant of an easement or right -of -way; and (ii) in the interest of expanding wireless and broadband coverage. (4) USE OF FEES COLLECTED. —Any fee amounts collected by an executive agency... may be made available...to such agency to cover the costs of granting the easement or right -of -way. (c) Master contracts for wireless facility sitings.- (1) IN GENERAL. — ...the Administrator of General Services shall — (A) develop 1 or more master contracts that shall govern the placement of wireless service antenna structures on buildings and other property owned by the Federal Government; and (B) in developing the master contract or contracts, standardize the treatment of the placement of wireless service antenna structures on building rooftops or facades, the placement of wireless service antenna equipment on rooftops or inside buildings, the technology used in connection with wireless service antenna structures or equipment placed on Federal buildings and other property, and any other key issues the Administrator of General Services considers appropriate. (2) APPLICABILITY. —The master contract or contracts developed by the Administrator of General Services under paragraph (1) shall apply to all publicly accessible buildings and other property owned by the Federal Government, unless the Administrator of General Services decides that issues with respect to the siting of a wireless service antenna structure on a specific building or other property warrant nonstandard treatment of such building or other property. (3) APPLICATION. —The Administrator of General Services shall develop a common form or set of forms for wireless service antenna structure siting applications... Undefined terms Maybe? "Wireless tower" FCC Programmatic Agreement: "Tower" is any structure built for the sole or primary purpose of supporting antennas and their associated facilities used to provide FCC - licensed services... A water tower, utility tower, or other structure built primarily for a purpose other than supporting FCC - licensed services is not a "tower" for purposes of the Agreement, but is a non -tower structure. Undefined terms Maybe? "Collocation" FCC Programmatic Agreement: Collocation "means the mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting and /or receiving radio frequency signals for communications purposes." Under the Agreement, the term "collocation" includes excavation and the placement of equipment necessarily or reasonably associated with the mounting or installation of an antenna. What Does the New Zc Preemption Mean' Undefined terms Maybe? "Base station" Part 90 (Private Land Mobile Radio Services) defines as "A station at a specified site authorized to communicate with mobile stations." Part 22 (Public Mobile Services) defines "base transmitter" as "A stationary transmitter that provides radio telecommunications service to mobile and /or fixed receivers, including those associated with mobile stations." 19 Undefined terms Maybe? "substantially change the physical dimensions" 3 If a change in any physical dimension created a hazard to public safety (regardless of relative size) would that be substantial ? A change that made an area inaccessible to the disabled? Weight or wind - loading changes? Noise characteristics? Changes that cause facility to intrude on, or increase contaminant risk in, sensitive areas? 0 Changes that expose structures on a stealth facility? What about changes to grandfathered, non- conforming use towers? 20 Undefined terms Maybe? "substantially FCC Programmatic Agreement: change the" "Substantial increase in the size of the tower" means: physical 1) The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than 10 %, or by the height of one additional antenna array dimensions with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; or 2) The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter; or 3) The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or 4) The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. Challenges to local ordinances that treat collocation and new towers similarly. • Challenges to collocation ordinances and local processes that allow consideration of factors other than "physical dimension." Challenges to, or preemption of, many local ordinances limiting changes to non - conforming use towers. > Refusals to fill . out forms that go beyond the "physical dimension" test, and (from some) aggressive interpretations of what constitutes a "wireless tower," "substantial change," "base station," etc. Possible FCC declaratory actions /rulemakings (DAS industry ?). • New, even shorter "shot clocks ", & "deemed granted" effect of local failure to meet any new shot clock deadline. Possible "zero" shot clock (i.e., by FCC fiat, no local application required) for certain modifications. • What does "shall approve" mean? Are localities compelled to affirmatively bless modifications falling within the provision? • Possible damages /attorneys fees claims? Tillman L. Lay. L2t1[ JLJLfLJ NicDTARLTA-7D 1333 New Hampshire Avenue, NW Washington, DC 20036 202.879.4022 tim.lay@spiegelmcd.com vvww.spiegelmcd.com 23 OFFICIAL PUBLICATION ORDINANCE NO. 25-13 AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF , ORDINANCES, TITLE h16 UNIFIED DEVELOP- MENT CODE, CHAP- TER 7 SUPPLEMEN- ' TAL • USE. REGULA- ' TIONS, SECTION 7 -2.3 COMMUNICATION TOWER STANDARDS AND SECTION 7 =2A ANTENNAS TO ADD TIMELINES FOR RE VIEW OF APPLICA TIONS RELATED TO INSTALLATION OF COMMUNICATION TOWERS AND AN- TENNAS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE I CITY OF DUBUQUE, 10- WA; Section 1. City of Du- " buque Code of Ord- ; nances Section 16 -7 -2.3 is hereby amended to add the following pro- vision: 16 -7 -2.3 Communica- I tion Tower Standards G. Processing of Ma- jor Site Plans generally ;takes 10 -21 days de- 1 pending on the quality of the submitted site plan. Applicants shall be notified within 30 days of filing a site plan If the application is Incomplete. If the City of Dubuque has not approved, denied, or returned the appli- cation as .Incomplete within 150 clays, the application shall be deemed approved. Section 2. City of Du- buque Code of Ordi- nances Section j.6- 22.4(A) is hereby, amended to add the following provision: 16- 7- 2.4(A) Antennas 4. Processing of a Simple Site Plan gener- ally takes 1-5 days de- pending on the quality of the submitted site plan, Applicants shall be notified within 30 days of filing a site plan if the application _ is Incomplete. If the City of Dubuque has not approved denied, or returned the appli- cation as incomplete within 90 days, the ap- plication shall be deemed approved. 16- 7- 2.4(H) Antennas Modification of exist- ing facilities, including co- location, removal and . replacement of , transmission equip- ment, that does not +. substantially- change the physical dimen- sions of the existing fa- cility, does not require I submittal of a simple site plan. A building permit may be re,. qulred. Section 3. This amend- ment has heretofore been reviewed by the Zoning Advisory Com- mission.' Section 4: This Ordi- nance shall take effect 1; immediately upon pub- lication. I passed, approved and adopted this 20th day of May, 2013. /s /Roy D. Buol, Mayor l Attest: /s/Trish L. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 24, 2013, and for which the charge is $24.38. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this a/ L4 day of ,20/,3 . 17na-Ly Notary Public in and for Dubuque County, Iowa. afsC' {`� P MARY K. WEST•E 1Mi YER • Commission "lumber 954o^v