15 - AMEND "REGULATION OF WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES"

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Item No. 15 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Alan Efrussy, AICP, City Planning Manager SUBJECT: AMEND SECTION 28 OF ZONING ORDINANCE, "WIRELESS TELECOM- MUNICATIONS TOWERS AND FACILITIES," TO ALLOW COLLOCATION OF SUCH FACILITIES ON WATER TOWERS IN ANY ZONING DISTRICT. DATE: May 4, 2017 BACKGROUND: Recently, a telecommunications provider requested the opportunity to place attached wireless communication facilities ( "WCFs ") on two City of Paris water towers to enhance the delivery of telecommunication functions to citizens and businesses in Paris. Because Sec. 28 of Zoning Ordinance 1710 allows WCFs only in the Commercial (C), Heavy Industrial (HI) and Light Industrial (LI) zoning districts, and because neither water tower is located in one of these zoning districts, we do not currently have the ability to lease out this space on the water towers. 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. 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. In that regard the City Council has previously adopted Ordinance Number 2001 -048, which was amended in 2005, and 2016, adding Section 28 to the Zoning Ordinance entitled "Regulation of Wireless Telecommunications Towers and Facilities," thereby implementing a comprehensive regulatory scheme for regulating the location of, siting of, spacing for, and technical standards associated with the construction and erection of wireless communications facilities. At the May 1st Planning and Zoning Commission meeting, no person spoke either in favor of or in opposition to this request. The Commission voted unanimously in favor of recommending approval to the City Council.