11-C Tower Ord-Amendment
DRAFT
F:ALICE\ORDWORK\CURRENT\ 4-11--05 Tower Ord-Amendment
May 9, 2005
ORDINANCE NO. _______________
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 FOR A LIMITED VARIANCE PROCEDURE;
PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS
, the Federal Government 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,
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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
added a New 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 communication facilities; and,
WHEREAS,
the City Council desires to amend and revise said regulations to accommodate
NOW,
both the needs of the wireless companies and the needs of the citizens of the City of Paris;
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 28-104 (b), entitled “Permitted Areas”, of Section 28 of Ordinance
1710, the Zoning Ordinance of the City of Paris, shall be and is hereafter amended to remove
Agricultural zoned areas as areas for potential siting of wireless communication facilities, said
amended Section 28-104 (b) to read as follows:
“Sec. 28-104 Wireless Communication Facilities Prohibited.
***
(b) 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 other non-
commercial and non-industrial districts, including Parking Districts (P), Office Districts
(O), Neighborhood Service Districts (NS), General Retail Districts (GR), Central Area
(CA), and Public Lands and Institutes (PL&I), shall be and is hereafter prohibited.”
Section 3.
That Section 28-106 (c), entitled “General Requirements,” of Section 28 of
Ordinance 1710, the Zoning Ordinance of the City of Paris, shall be and is hereafter amended to
revise the setback of towers located on properties in areas zoned Commercial, Light Industrial, and
Heavy Industrial, such amended Section 28-106 (c) to read as follows:
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“Sec. 28-106 General Requirements.
***
(c) Setback standards. No setbacks shall be required for towers located on properties
zoned Commercial (C), Light Industrial (LI), and Heavy Industrial (HI), provided the
actual location of such towers in said zoned areas is at least five hundred (500) feet from
areas zoned SF-1, SF-2, SF-3, 2F, MF-1, MF-2, Agricultural (A), and Residential Planned
Development Districts (PD). In determining the setback requirement, the distance shall
be measured from the base of the Support Structure to the lot line of the off-site use
following a straight line from the base of the Support Structure to the closest point of the
designated zoned property.”
Section 4.
That Section 28-106 (d), entitled “Separation from off-site uses/designated areas,”
of Section 28 of Ordinance 1710, the Zoning Ordinance of the City of Paris, shall be and is hereafter
in all things repealed, and the remaining Subsections 28-106 (e) through 28-106 (n), shall be and are
hereafter re-designated Subsections 28-106 (d) through 28-106 (m).
Section 5.
That Section 28-108 (b) of Section 28 of Ordinance 1710, the Zoning Ordinance
of the City of Paris, entitled “List of Acceptable Applications” shall be and is hereafter amended to
omit the reference to Agricultural (A) zoned property as areas where a permit for the erection of a
WCF can be granted administratively, such amended Section 28-108 (b) to read as follows:
“Sec. 28-108 Administrative Approval
.
***
(b) List of Acceptable Applications. The following applications for WCF and Support
Structures may be approved by the Director after conducting an administrative review:
1.Locating a new WCF or Support Structure, including the placement of
additional buildings or equipment, in any areas zoned Commercial, Heavy
Industrial, or Light Industrial.
2.Locating any Antenna Array or other WCF on existing Support Structures or
portions of any other WCF consistent with the terms of paragraph a and b
below:
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, water tower, existing building, or
other similar structure provided that such existing structure is located
in an area zoned Commercial, Heavy Industrial, or Light Industrial.
b.Antenna Arrays located on existing WCF and Support Structures. An
Antenna Array which is attached to a preexisting WCF and Support
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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, Heavy Industrial, or Light
Industrial.”
Section 6.
That Section 28 of Ordinance No. 1710, the Zoning Ordinance of the City of Paris,
shall be and is hereby amended to add a new Section 28-113 thereto, entitled Variance, said new
Section 28-113 to read as follows:
“Sec. 28-113 Variance.
(a) The City Council may, upon appeal taken and following notice and public hearing
as required herein, grant a variance from the requirements of Section 28-104 (b) and/or
Section 28-106 (c) and (g) on an affirmative showing by the applicant that a WCF
proposed for construction will be constructed in a manner to be totally masked or
camouflaged or to be included in an existing structure which effectively masks the
appearance of the WCF, such as an existing church steeple, with the result that such
masking or camouflage renders the proposed WCF invisible to public view, or so
compatible in appearance with surrounding uses as to be transparent in its impact on said
surrounding uses.
(b) Before any such variance may be considered, it shall be the burden of the applicant
to file an application requesting said variance, specifying the nature of the variance
requested, and providing sufficient information to clearly show that the requirements of
masking, camouflaging, or co-location as specified in subsection (a) herein have been
satisfied.
(c) Notice of a public hearing regarding an application for variance from those portions
of this ordinance as specified herein shall be published in a newspaper of general
circulation in the City no less than ten (10) days prior to the public hearing. In addition,
actual notice of the proposed variance shall be given to surrounding property owners in
conformance with the general notice requirements of the City Zoning Ordinance for
zoning changes. All costs of the variance shall be assessed against and paid for by the
applicant prior to the public hearing.
(d) During the public hearing any interested person may comment on the proposed
variance. No variance shall be granted except by 3/4 vote of the governing body voting
in favor of the grant of said variance, in a manner consistent with Section 21-105 of the
City Zoning Ordinance. Any variance granted may include such conditions or
requirements associated with the grant of variance as the City Council shall deem
necessary and appropriate.”
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Section 7.
That the sentences, paragraphs, sections, clauses, or other portions of this ordinance
are hereby declared to be severable; if any sentence, paragraph, section, clause or other portion of
this ordinance is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder
of this ordinance shall not be affected thereby.
Section 8.
That if any existing ordinances or parts thereof, including but not limited to those
parts expressly repealed or amended as provided herein, are in conflict with the provisions of this
ordinance, the same shall be repealed to the extent of such conflict only.
Section 9.
That this ordinance shall be effective ______________, 2005.
PASSED AND ADOPTED
this 18th day of May, 2005.
____________________________________
Mayor
ATTEST:
____________________________________
City Clerk
APPROVED AS TO FORM:
____________________________________
City Attorney
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