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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, -1- 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: -2- “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 -3- 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.” -4- 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 -5-