2005-019-ORD AMENDING SECTION 28 TO ORDINANCE NO 1710 OF ZONING ORDINANCE OF COP TO REVISE REGULATION FOR WIRELESS TELECOMMUNICATIONS TOWERS

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ORDINANCE NO. 2005-019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION 28 TO ORDINANCE NO. 1710 OF THE ZONING ORDINANCE OF THE CITY OF PARIS, TO REVISE THE REGULATION FOR WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES AS APPLIED TO AGRICULTURALLY ZONED PROPERTY; REVISING SET-BACKS FOR TOWERS LOCATED IN COMMERCIAL, LIGHT INDUSTRIAL, AND HEAVY INDUSTRIAL ZONED AREAS; PROVIDING FORA LIMITED VARIANCE PROCEDURE; PROVIDING FORSEVERABILITYj PROVIDING A REPEALER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Federal Goverrunent through the Federal Communications Commission (FCC) has issued wireless communications licenses for cellular, personal communication services (PSC), paging and other providers of wireless antenna services; and, WHEREAS, the demand by citizens for new wireless communication services has produced an increased need for installation of wireless antennas and wireless communications facilities to serve the public, including the citizens in Paris, Texas; and, WHEREAS, wireless communications facilities are supportive of public health, safety, and welfare in that they provide useful portable communication services for personal convenience, business and emergency purposes; and, WHEREAS, the FCC has required license holders to provide coverage to areas where wireless communication licenses have been acquired and this may require such facilities to be constructed in specific locations and manners, determined by engineering standards to achieve such coverage, and thus there may be limited ability to choose alternative locations; and, WHEREAS, the Federal Telecommunications Act of 1966 preserves local zoning authority to regulate wireless communications facilities; provided, however, said Act mandates that localities may not unreasonably discriminate between FCC license holders and that localities cannot prohibit or effectively prohibit the provision of wireless services, and the Act gives the FCC sole jurisdiction over radio frequency emissions, provided the wireless communications facility meets FCC standards; and, WHEREAS, additional wireless communications facilities are required to provide quality communication services to meet the growing needs of the public and businesses for wireless communication and should be accommodated in the City; and, -1-