01-21-2020 Interim Zoning ExtensionCity’s Budget Update
Small Wireless Interim Zoning Ordinance Extension
January 21, 2020 City Council Meeting
Interim Zoning Ordinance
Small wireless interim zoning ordinance adopted in January 2019 via Ordinance No. 19-862.
Council authorized to renew interim zoning ordinances for additional six-month periods if Council holds a public hearing and adopts findings of fact.
Staff recommends passing the ordinance to become effective immediately because it is not subject to referendum and it will close the gap in effective regulations.
FCC Order and Litigation
The Federal Communications Commission (“FCC”) passed regulations imposing limitations on local jurisdictions’ authority to regulate small wireless facilities in the right-of-way.
Multiple jurisdictions appealed the regulations and the consolidated litigation is currently pending before the Ninth Circuit Court of Appeals.
It is in the public interest to delay adoption of final regulations until the federal courts provide direction regarding the scope of the FCC regulations because it would not be an efficient
use of public resources to adopt permanent regulations when the law is not settled.
Options Considered
Approve the proposed ordinance by a majority plus one for immediate adoption;
Approve the proposed ordinance by a simple majority to take effect in five days; or
Decline to take action and provide direction to staff.
Questions?