15 - AMEND "REGULATION OF WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES"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.
STATUS OF ISSUE: Sec. 28- 101(e) provides that one of the purposes of Sec. 28 is to promote
and encourage shared use /collocation of towers and telecommunications facilities as a primary
option rather than construction of additional such facilities; Sec. 28 -1010) provides that one of
the purposes of Sec. 28 is to ensure that towers, support structures and telecommunication
facilities are compatible with surrounding land uses. Sec. 28- 104(b), "Permitted Areas," and
Sec. 28- 108(b), "List of acceptable applications," were designed in part to limit areas in which
wireless communications facilities can be located so as to not negatively impact the aesthetics of
zoning districts in which such facilities are not allowed.
Collocation of attached wireless communications facilities on water towers will not negatively
impact the aesthetics of such water towers, which are by their nature and essential function
utilitarian structures, and thus will not negatively impact the aesthetics of a zoning district in
which a water tower exists or is hereafter erected.
Allowing the City of Paris to lease space on its water towers to wireless service providers will
benefit the citizens of the City by providing enhanced wireless communications services and
providing additional revenues to the City in the form of tower rental fees without any of the
negative consequences that Sec. 28 was designed to avoid. Therefore, the City of Paris is
petitioning to amend and revise said regulations to accommodate both the needs of wireless
companies and the needs of the citizens of the City of Paris by providing for the collocation of
attached wireless communications facilities as defined therein on water towers within the City
for the reasons set forth hereinabove.
RECOMMENDATION: Approve amending Sec. 28 of Zoning Ordinance 1710 as follows:
• By adding the following sentence to Sec. 28- 104(b): "Notwithstanding the foregoing, an
Attached WCF as defined herein shall be permitted in any zoning district in the city if it
is to be attached to an existing water tower."
• By deleting the words "water tower" from Section 28- 108(b)(2)a. and by adding a new
Section 28- 108(b)(2)c. as follows: "Collocation of attached wireless communications
facilities shall be permitted on water towers in any zoning district within the City of
Paris, subject to the approval of the city manager."
2
DRAFT
ORDINANCE NO.
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
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
WHEREAS, the City Council has previously adopted Ordinance Number 2001 -048,
which has been amended in 2005, and 2016, adding Section 28 to the Zoning Ordinance of
the City of Paris 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; and
WHEREAS, Sec. 28- 101(e) provides that one of the purposes of Sec. 28 is to promote
and encourage shared use /collocation of towers and telecommunications facilities as a
primary option rather than construction of additional such facilities; and
WHEREAS, Sec. 28- 101(j) provides that one of the purposes of Sec. 28 is to ensure
that towers, support structures and telecommunication facilities are compatible with
surrounding land uses; and
WHEREAS, Sec. 28- 104(b), "Permitted Areas," and Sec. 28- 108(b), "List of
acceptable applications," were designed in part to limit areas in which wireless
communications facilities can be located so as to not negatively impact the aesthetics of
zoning districts in which such facilities are not allowed; and
WHEREAS, collocation of attached wireless communications facilities on water
towers will not negatively impact the aesthetics of such water towers, which are by their
nature and essential function utilitarian structures, and thus will not negatively impact the
aesthetics of a zoning district in which a water tower exists or is hereafter erected; and
WHEREAS, allowing the City of Paris to lease space on its water towers to wireless
service providers will benefit the citizens of the City by providing enhanced wireless
communications services and providing additional revenues to the City in the form of
tower rental fees without any of the negative consequences that Sec. 28 was designed to
avoid; and
WHEREAS, the City Council desires to amend and revise said regulations to
accommodate both the needs of wireless companies and the needs of the citizens of the
City of Paris by providing for the collocation of attached wireless communications facilities
as defined therein on water towers within the City for the reasons set forth hereinabove;
WHEREAS, on May 1, 2017, following notice and publication as required by law, the
Planning and Zoning Commission conducted a public hearing on the proposed amendment
to the City Zoning Ordinance and, following said hearing, made formal recommendation to
the City Council to approve the requested amendment; and
WHEREAS, on May 22, 2017, following notice and publication as required by law,
the City Council of the City of Paris conducted a public hearing on the proposed amendment
to the City Zoning Ordinance, and having considered the recommendations of the Planning
and Zoning Commission and the testimony and evidence introduced at said public hearing,
found and determined that approving the aforesaid amendments would be consistent with
the City Zoning Ordinance, and in the best interests of the public health, safety, and welfare
of the citizens of the City of Paris by a vote of ayes and _ nays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Section 28, "Wireless Telecommunications Towers and Facilities,"
Section 28- 104(b), "Permitted areas," of Zoning Ordinance No. 1710 of the City of Paris,
Texas, be, and the same is hereby amended to read as follows:
"Permitted areas. From and after the effective date of this ordinance new WCF's shall
be permitted only in areas bearing a zoning designation of Commercial (C), Light
Industrial (LI), or Heavy Industrial (HI); the siting of new WCF's in areas zoned
other than as designated herein, including Residential Districts (SF -1), (SF -2), (SF-
3), (2F), (MF -1), (MF -2), Planned Development Districts (PD), Agricultural (A), and
non - Commercial and non - Industrial Districts including Parking Districts (P), Office
District (0), Neighborhood Service District (NS), General Retail District (GR), Central
Area (CA), and Public Lands and Institutes (PL &I) shall be and is hereafter
prohibited. Notwithstanding the foregoing, an Attached WCF as defined herein shall
be permitted in any zoning district in the city if it is to be attached to an existing
water tower."
Section 3. That Section 28, "Wireless Telecommunications Towers and Facilities,"
Section 28- 108(b)(2) of Zoning Ordinance No. 1710 of the City of Paris, Texas, be, and the
same is hereby amended to read as follows:
"(2) Locating any antenna array or other WCF on existing support structures or
portions of any other WCF consistent with the terms of subsections (b)(2)a.,
b., and c.
"a. Antenna array on existing structures. Any antenna which is not
attached to a formal support structure but is attached to an
alternative structure, such as a utility pole, sign, existing building, or
other similar structure provided that such existing structure is located
in an area zoned Commercial (C), Heavy Industrial (HI), or Light
Industrial (LI).
"b. Antenna arrays located on preexisting WCF and support structures.
An antenna array which is attached to a preexisting WCF and support
structure may be approved by the director, provided such preexisting
support structure is not required to be extended or expanded if
located in an area zoned other than Commercial (C), Heavy Industrial
(HI), or Light Industrial (LI).
C. Collocation of attached wireless communications facilities shall be
permitted on water towers in any zoning district within the City of
Paris, subject to the approval of the city manager."
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris, Texas that
this ordinance, and every provision hereof, shall be considered severable, and the invalidity
or partial invalidity of any section, clause, or provisions of this ordinance shall not affect
the validity of any other portion of this ordinance.
Section 7. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above - enumerated sections shall constitute
and be deemed a separate offense.
Section 8. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 22nd day of May 2017, by the City Council of the
City of Paris, in regular session, following notice and publication as required by law.
Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney