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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