Title
DER2016-00002: UPDATES TO THE WIRELESS COMMUNICATION MASTER PLAN AND THE UNIFIED ZONING CODE REGULATIONS OF WIRELESS COMMUNICATION FACILITIES (ALL DISTRICTS).
Presented by: Scott Knebel, Planning Manager.
RECOMMENDED ACTION: Adopt the findings of the MAPC; approve the Wireless Communication Master Plan, September 2016, and adopt the associated amendments to the Wichita-Sedgwick County Unified Zoning Code, authorize the Chairman to sign the resolutions and authorize the resolutions to be published.
PUBLIC COMMENT.
Body
Background: Senate Substitute for House Bill No. 2131 was recently passed by the Kansas State Legislature and has numerous mandates regarding how local units of government can regulate wireless communication facilities. The bill prohibits the following Sedgwick County practices established by the Wireless Communication Master Plan and associated Unified Zoning Code regulations:
1) Requiring applicants to document that no collocation opportunity is available prior to permitting construction of a new wireless communication facility.
2) Requiring applicants to demonstrate that a wireless communication facility addresses a wireless service provider need rather than being constructed as a speculative facility.
3) Evaluating the merits of an application based on collocation opportunities.
4) Requiring small cell facilities in lieu of macro facilities in visually/ environmentally sensitive locations.
5) Requiring applicants to agree to permit collocation on their facility by other service providers as a condition of approval.
The bill also requires equal treatment of wireless communication facilities with utility installations when applying to locate in right-of-way. This requirement was addressed by the Board County Commissioners by amending Chapter 22, Article II of the Sedgwick County Code on September 28, 2016.
Analysis: The attac...
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