2017-016 - Approved the petition of the City of Paris, Texas to amend Section 28, Regulation of Wireless Telecommunications Towers and Facilities, of Zoning Ordinance

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ORDINANCE NO. 2017 -016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, BY AMENDING SECTION 28, "WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES" TO ALLOW COLLOCATION OF SUCH FACILITIES ON WATER TOWERS IN ANY ZONING DISTRICT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris adopted a temporary Zoning Ordinance in 1942, and ordinances amending the Zoning Ordinance were passed by the City Council in 1945, 1957, and 1965; and WHEREAS, additional amendments were added to Zoning Ordinance No. 1710 (April 12, 1965) during 1971 through 1987 and 2012, and in 2016 and 2017; and WHEREAS, the City of Paris staff and officials desire to partially update and amend portions of Zoning Ordinance No. 1710 to aid in the more efficient growth and development of the City of Paris, Texas; and WHEREAS, the Federal Government through the Federal Communications Commission (FCC) has issued wireless communications licenses for cellular, personal communications services (PSC), paging and other providers of wireless antenna services; and WHEREAS, the rapidly growing 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