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Posted: October 21, 2019
Rapid City
Agenda Item Summary

Agenda Item Ref. #: 19OA005 - Ordinance Amendment Amending Section 17 of the Rapid City Municipal Code to Exempt Small Wireless Facilities from the Definition of Microcell Wireless Communication Facilities

Agenda Item Title:

19OA005 - Ordinance Amendment Amending Section 17 of the Rapid City Municipal Code to Exempt Small Wireless Facilities from the Definition of Microcell Wireless Communication Facilities

Origination Group:
Planning Commission
Origination Meeting Date:
09/26/2019
Stage 2 Group Name:
Legal & Finance Committee
Stage 2 Meeting Date:
10/02/2019
City Council First Reading Date:
10/07/2019
City Council Second Reading Date:
10/21/2019
Petitioner:
City of Rapid City
Staff Contact:
Carla Cushman, City Attorney
Agenda Item Summary:
This ordinance repeals the zoning regulations that would regulate small cells on public and private property, while retaining the provisions concerning other microcell facilities. This ordinance reflects the City’s decision to regulate small cell wireless facilities on City poles and City property through master license agreements with the cell companies, instead of through the zoning code. Please note that the title of the ordinance has changed. Please note that the previous title for Ord. 6355 was An Ordinance Amending Section 17.50.400 of the Rapid City Municipal Code to Exempt Small Wireless Facilities from the Definition of Microcell Wireless Communication Facilities. Because changes were also made to one additional code section – 17.04.483 defining microcell cellular communications facilities – the ordinance title was changed to reflect changes to Title 17 more generally.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Origination Recommendation Action:
Approve
Origination Recommendation Notes:
Planning Commission recommended approval of the Ordinance: 9/26/2019; Legal and Finance Committee recommended to approve the 1st Reading of the Ordinance: 10/2/2019; Legal and Finance Committee recommended to approve the 2nd Reading of the Ordinance: 10/21/2019
City Council Recommendation Action:
Approve
City Council Recommendation Notes:
City Council approved 1st reading: 10/7/2019; City Council approved 2nd reading: 10/21/2019

Attachments & Links to Download:

19OA005 Attorney Memo

19OA005 Ordinance 6355