06-B Wireless Facilities OrdAGENDA INFORMATION SHEET
PROJECT: Consider adoption of an ordinance amending the Zoning Ordinance of the City of Paris
to add a new Section 28 Regulating Wireless Telecommunications Towers and Facilities.
BACKGROUND: At City Council's July 9, 2001, regular Council meeting the City Attorney
presented a detailed agenda information sheet setting out various issues for City Council to consider
and resolve related to the regulation of wireless telecommunications towers and facilities. As a
consequence of that Council meeting and Council's deliberation of those issues, the following
directions were given to City Staff regarding any proposed new ordinance:
1. Consistent with the remainder of the issues resolved by City Council, the stated purposes
of the ordinance as presented at the prior meeting seemed to be acceptable to City Council.
Any proposed ordinance should regulate only elevated wireless telecommunications
facilities; that is towers or other structures containing elevated antenna arrays, and no
regulations were intended for ground antennas and antenna dishes.
The question was presented as to whether or not governmental entities should be exempted
from the new ordinance. The direction was that as long as towers erected by governmental
entities are used primarily for governmental purposes, and not primarily for commercial
purposes or financial gain, those towers erected by governmental entities could be exempted
from the new tower ordinance.
The Council directed that the new ordinance would permit towers as a matter of right in
areas of heavy industrial, light industrial, commercial, and agricultural zoning. While the
Council discussed the concept of requiring a specific use permit for towers placed in
agriculturally zoned areas, the final conclusion was that no such specific use permit would
be required. As a consequence, the permit required for a tower under the new ordinance
will basically be an administrative permit, and will not require review by either City Council
or the Planning & Zoning Commission. For information purposes, the areas currently zoned
as Agricultural (which is a zoning classification commonly used by the City as transition
zoning for newly annexed areas), is included as an attachment to this agenda information
sheet.
The City Council agreed that amateur radio station antennas used by licensed radio
operators or antennas which are used exclusively for receive only purposes would be
exempted from the ordinance provided they were under seventy (70) feet in height.
The City Council determined that a maximum height standard for towers within the City
would be two hundred sixty (260) feet. In addition, the Council imposed the same two
hundred sixty (260) foot height limitation on additions to existing structures, such as towers
added to buildings, towers for transporting electricity, etc.
7. The City Council determined that each tower must be set back a distance from adjoining
property lines as a minimum equal to one hundred percent (100%) of the tower height.
The City Council determined that a separation requirement requiring a tower to maintain
a distance from any residentially zoned area would be a two hundred sixty (260) foot
separation. The Council also declined to require a separation distance between towers.
9. The City Council determined that aesthetics was not a concern.
10. The City Council determined the towers should be allowed to have lighting only if state or
federal law required lighting.
11. The City Council determined the only signage permissible on towers would be signage
necessary to identify the tower, and all commercial signage would be prohibited.
12. The City Council determined that all towers should be fenced.
13.
The Council determined that the City should required applicants for a permit to reimburse
the City for any actual cost incurred in hiring a special consultant to review permit
applications that were extremely complex.
14. The Council determined the City should require a permit application fee.
15.
The City Council determined that the ordinance should require co-location of towers where
appropriate or possible. In that light, the Council determined that the ordinance should also
require new towers to be built to structural standards that would accommodate one or more
additional antenna arrays. In addition, the Council determined that each applicant should
provide evidence it has considered other co-location sites before applying.
16. Finally, the Council determined that further review by the general public or Planning &
Zoning Commission incident to final approval was unnecessary.
DESCRIPTION: Based on the decisions of Council with regard to the specific issues, and utilizing
as a source numerous model or adopted ordinances from other cities, the City Attorney has prepared
an ordinance for City Council's consideration. The proposed ordinance contains all of the directives
from City Council with regard to the scope of regulation by the City of Paris. The ordinance has been
forwarded to Ms. Pat Thompson ofFaulk & Foster, an industry representative, for her review. In
addition, the ordinance has been forwarded to Ms. Georgia Crump, an attorney specializing in
telecommunications law for her review and comment.
COST: The current ordinance does not contain a dollar amount for the proposed permit application
fee. The Legal Department defers to the Engineering and Building Inspection Department for a
suggested fee necessary to defray the costs anticipated by the City in processing the average permit
application. The ordinance does contain a requirement that permittees be prepared to defray the cost
incurred by the City for extremely complex applications if a special consultant has to be hired, up to
a maximum of $5,000.
LOCATION: The proposed ordinance would allow as a matter of right the siting of towers which
otherwise conform with the ordinance in areas zoned Agricultural, Commercial, Light Industrial, and
Heavy Industrial.
STAFF CONTACT: Chief Building Official, Steve Methven, and City Attorney, Larry W. Schenk
RECOMMENDED ACTION: Consider approval of the proposed ordinance.
SCHEDULE: The proposed ordinance, consistent with the City's standard procedure, would go into
effect September 1, 2001. At the time of the effective date of the ordinance, the moratorium
currently in place would be repealed and no longer effective.
COUNCIL DATE: Consider for approval at City Council's August 13, 2001, regular Council
Meeting.
ADDITIONAL MATERIALS: See attached map showing the location of Agriculturally zoned
properties and a copy of the proposed ordinance.
i1
DRAFT
ALICE\ORDWORK\CURRENT\Tower Ord
August 10, 2001
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING ORDINANCE NUMBER 1710, THE ZONING
ORDINANCE OF THE CITY OF PARIS, TO ADD A NEW SECTION 28
THERETO ENTITLED "REGULATION OF WIRELESS
TELECOMMUNICATIONS TOWERS AND FACILITIES"; PROVIDING
DEFINITIONS; PROVIDING FOR PERMITTED LOCATIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR A REPEALER; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Fcc)
(psc),
WHEREAS, the Federal Government through the Federal Communications Commission
has issued wireless communications licenses for cellular, personal communication services
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,
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,
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WHEREAS, the City Council desires to adopt appropriate regulations necessary to protect
the public interest and to serve the purposes set out in this ordinance; NOW, 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 Ordinance No. 1710, the Zoning Ordinance of the City of Paris, Paris, Texas,
shall be and is hereby amended to add a new Section 28 thereto entitled "Regulation of Wireless
Telecommunications Towers and Facilities", said Section to read as follows:
"Sec. 28. Regulation of Wireless Telecommunications Towers and Facilities
Sec. 28-100. Findings.
The Communications Act of 1934 as amended by the Telecommunications Act
of 1996 ("The Act") grants the Federal Communications Commission (FCC)
exclusive jurisdiction over:
(a) The regulation of environmental effects of radio frequency (RF) emissions
from telecommunications facilities; and,
(b) The regulation of radio signal interference among users of the RF
spectrum. The City's regulation oftowers and telecommunications facilities in the city
will not have the effect of prohibiting any person from providing wireless
telecommunication services in violation of the Act.
Sec. 28-101. Purposes.
The general purpose of this ordinance is to regulate the placement,
construction, and modification of towers and telecommunications facilities in order
to protect the health, safety, and welfare of the public, while at the same time not
unreasonably interfering with the development of the competitive wireless
telecommunications market place in the city. More specifically, the purposes of this
ordinance are as follows:
(a) To regulate the locations of towers and telecommunications facilities in
the city;
(b) To protect residential areas, historic areas, and land uses from potential
adverse impact of towers and telecommunications facilities;
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(c) With any zoning district wherein wireless communication facilities are
permitted, to provide clear performance standards addressing the siting of wireless
communications facilities;
(d) To encourage the location of wireless communications facilities on
existing structures, including utility poles, signs, water towers, buildings, and other
similar facilities where feasible;
(e) To promote and
telecommunications facilities
additional such facilities;
encourage shared use/collocation of towers and
as a primary option rather than construction of
(f) To promote and encourage utilization of technological designs that will
either eliminate or reduce the need for erection of new Support Structures and
telecommunications facilities;
(g) To streamline and expedite permitting procedures to effect compliance
with the Federal Telecommunications Act of 1996;
(h) To enhance the ability of providers of telecommunication services to
provide such service to the community quickly, effectively, and efficiently;
(i) To avoid potential damage to property caused by towers, support
structures, and telecommunications facilities by insuring such structures are soundly
and carefully designed, constructed, modified, maintained, and removed when no
longer used or are determined to be structurally unsound;
(j) To ensure that towers, support structures and telecommunication facilities
are compatible with surrounding land uses.
Sec. 28-102. Definitions.
The following words, terms, and phrases, when used in this ordinance, shall
have the meanings ascribed to them herein, except where the context clearly indicates
a different meaning:
(a) Antenna Array means one or more rods, panels, discs, or similar devices
attached to a Support Structure and used for the transmission or reception of radio
frequency signals, which may include an omni directed antenna (rod), a directional
antenna (panel) and a parabolic antenna (dish). The Antenna Array does not include
the Support Structure defined herein.
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(b) Applicant means any person that applies for a Tower Use Permit as
required under this ordinance.
(c) Application means the process by which the owner or agent for the owner
of a parcel of land within the city submits a request to develop, construct, build,
modify, or erect a Wireless Communication Facility (WCF) upon such parcel of land.
Application includes all written documentation, verbal statements, and representations
in whatever form or forum made by an Applicant to the city concerning such a
request.
(d) Attached Wireless Communications Facifity (Attached WCF) means an
Antenna Array attached to an existing building or structure which shall include, but
not be limited to, utility poles, signs, water towers, or other alternative Support
Structures, together with any accompanying pole or device that attached the Antenna
Array to the existing building or structure, associated connection cables, and any
Equipment Facility which may be located either inside or outside the attachment
structure.
(e) Collocation or Site Sharing means use of a common WCF or common site
by two or more wireless license holders or by one wireless license holder for more
than one type of communications technology or placement of a WCF on a structure
owned or operated by a utility or other public entity.
(f) Department means the city department charged with the responsibility for
administering this ordinance, as designated by the City Manager.
(g) Director means the person designated by the City Manager as the Director
of the department responsible for the administration of this ordinance.
(h) Equipment Facifity means any structure used to contain ancillary
equipment for a WCF that includes cabinets, shelters, a build-out of an existing
structure, pedestals, and other similar structures.
(i) FAA means the Federal Aviation Administration.
(dj) FCC means the Federal Communication Commission.
(k) FTA means the Federal Telecommunication Act of 1996.
(1) Governmental Entity means any department, branch, or bureau of the
United States Government, the State of Texas, a County, an Independent School
District, a City, or a publically supported College or University chartered by the State
of Texas and authorized to collect ad valorem taxes.
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(m) Height, when referring to a WCF, shall mean the distance measured from
ground level to the highest point on the WCF, including the Antenna Array.
(n) Person means any natural person, firm, partnership, association,
corporation, company, or other legal entity, private or public, whether for profit or
not for profit.
(o) Preexisting WCF and Support Structure means any WCF and Support
Structure existing a the time of adoption of this ordinance, provided such WCF and
Support Structure was constructed in compliance with any outstanding federal law,
state law, city ordinance, and in conformance with any building permit or zoning
approval, if any, required incident to said construction.
(p) Setback means the required distance from the foundation of WCF land
based elements to the property lines of the parcel on which the WCF is located.
(q) Support Structure means a structure designed and constructed specifically
to support an Antenna Array, and may include a monopole, a self-supporting (lattice),
or GUI wire supported tower or other similar structures. Any device used to fasten
an attached WCF to an existing building or structure shall be excluded from the
definition of regulations applicable to Support Structures.
(r) Tower Use Permit (TUP) means a permit issued by the City specifically for
the location, construction, and use ofa WCF subject to an approved site plan and any
special conditions determined by the Director to be appropriate under the provisions
of this ordinance.
(s) Wireless Communications means any personal wireless service as defined
in the Telecommunications Act of 1996, which includes FCC licensed commercial
wireless telecommunication services including cellular, personal communications
services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paging, and similar services that currently exist or that may in the future be
developed.
(t) Wireless Communication Facility (WCF) means any un-staffed facility for
the transmission or reception of wireless communications services, usually consisting
of an Antenna Array, connection cables, an Equipment facility, and a Support
Structure to achieve the necessary elevation.
(u) Zoning Ordinance means Ordinance No. 1710 of the City of Paris, as the
same shall be hereafter amended, revised, replaced, or codified.
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Sec. 28-103. Applicability.
(a) New WCF and Support Structures. All new WCF or Support Structures
in the City of Paris shall be subject to these regulations, except as provided herein.
(b ) Amateur Radio Station Operators/Receive Only Antennas. This ordinance
shall not govern any WCF or support structure or the installation thereof, that is under
seventy (70) feet in height and is owned and operated by a federally licensed amateur
radio station operator or is used exclusively for receive-only antennas. Such
installation shall comply with any other applicable provisions of the City Zoning Code
or other ordinances.
(c) Preexisting WCF and Support Structures. Preexisting WCF or Support
Structures shall not be required to meet the requirements of this ordinance other than
the requirements of Section 28-110 and 28-111.
(d) Exemptions for Governmental Entities. This ordinance shall not govern
any WCF or Support Structure, or the installation or construction thereof, which is
installed or constructed by a Governmental Entity as that term is defined in this
ordinance, provided the primary purpose or use of said WCF or Support Structure is
in furtherance of the functions of the Governmental Entity, and not for commercial
use or financial gain.
Sec. 28-104. Wireless Communication Facilities Prohibited.
(a) Areas designated historically significant. From and after the effective
date of this ordinance, no WCF's shall be permitted in any area that shall be hereafter
designated by the City as a historically significant area or district.
(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 Agricultural
(A), 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 (P.D.),
and other non-Agricultural, non-Commercial, and non-Industrial Districts, including
Parking Districts (P), Office District (O), Neighborhood Service District (NS),
General Retail District (GR), and Public Lands and Institutes (PL&I), shall be and is
hereafter prohibited.
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Sec. 28-105. Permit Required.
From and after the effective date of this ordinance, no person shall install or
construct any WCF unless and until a Tower Use Permit (TUP) has been issued
pursuant to the requirements of this ordinance.
Sec. 28-106. General Requirements.
(a) Platted Lots. Each WCF, including the support structure and any related
equipment facility, shall be located on a platted lot.
(b) Height Standards'.
Attached WCF. The total height of an existing building or structure to
which a WCF has been attached shall not exceed two hundred sixty
(260) feet, subject to the other terms and provisions of this ordinance.
(2)
WCF with Support Structures. WCF with Support Structures shall
have a maximum height of two hundred sixty (260) feet, subject to the
other terms and provisions of this ordinance.
(c) Setback Standards'. All WCF shall be set back from any adjoining lot line
or adjacent street curb line a distance equal to the height of the WCF itself, including
any support structure and antenna array. In determining the setback requirement, the
distance shall be measured from the base of the support structure.
(d) Separation from off-site uses/designated areas.
WCF including Support Structures and antenna array shall be
separated from all lands zoned SF- 1, SF-2, SF-3, 2F, MF- 1, or MF-2
by a minimum of two hundred sixty (260) feet.
(2)
Separation of a WCF from such off-site uses shall be measured from
the base of the WCF to the lot line of the off-site use following a
straight line from the base of the WCF to the closest point of the
designated zoned property.
(e) Compfiance with existing City ordinances regardingpreservation of trees
andother vegetation. All WCF facility installations shall comply in full with the City's
requirements regarding the preservation of trees and other vegetation incident to any
construction activity.
(f) Lighting. WCF shall not be artificially illuminated, directly or indirectly,
except for:
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Security and safety lighting of equipment buildings if such lighting is
appropriately down-shielded to keep light within the boundaries of the
site; and,
(2)
Such illumination of the WCF as may be required by the FAA or other
applicable authority installed in a manner to minimize impacts on
adjacent property.
(g) Signage. No WCF shall display any signage, logos, decals, symbols, or
any messages of a commercial or non-commercial nature, except for a small message
containing provider identification and emergency telephone numbers and such other
information as may be required by local, state, or federal regulations governing WCF.
(h) Security Fencing. Each WCF with Support Structure shall be enclosed by
an opaque security fence not less than six feet in height. Nothing herein shall prevent
security fencing which is necessary to meet requirements of state and federal agencies.
(i) State or Federal Requirements'. All WCF must meet or exceed current
standards and regulations of the FAA, the FCC, and any other agency of the state or
federal government with the authority to regulate WCF. If such standards and
regulations are changed, then the owners of the WCF governed by this ordinance shall
bring such WCF into compliance with such revised standards and regulations within
six (6) months of the effective date of such standards and regulations, unless a
different compliance schedule is mandated by the controlling state or federal agency.
Failure to bring WCF into compliance with such revised standards and regulations
shall constitute grounds for the removal of the WCF at the owner's expense.
(j) Structurallntegrity. All WCF with Support Structure shall be constructed
to the Electronic Industries Association/Telecommunication Industry Association
(EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures" (or equivalent), as the same may be
updated or amended. Each support structure shall be capable of supporting at least
three antenna arrays. In addition, such structure shall comply with any and all
applicable state or local building codes. If, upon inspection, the City concludes that
a WCF with Support Structure fails to comply with such codes and standards and
constitutes a danger to persons or property, then upon notice being provided to the
owner of said WCF, the owner shall have thirty (30) days to bring such WCF into
compliance with such standards. Failure to bring such WCF into compliance within
said thirty (30) days shall constitute grounds for the removal of the WCF at the
owner's expense. Provided further, however, that in the event of an emergency
circumstance representing an immediate threat to the health, safety, and welfare of the
citizens of the City of Paris, the City may require the owner of any WCF to
immediately remedy any such dangerous or threatening circumstance, and upon the
owner's failing to respond to such emergency, the City may itself respond to said
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emergency at the owner's expense.
(k) Radio frequency emissions. The following radio frequency emissions
standards shall apply to all WCF installations.
RF Impact. The FTA gives the FCC sole jurisdiction of the regulation
of radio frequency (RF) emissions, and approval ofa WCF under this
ordinance which meets the FCC standard shall not be conditioned or
denied on the basis of RF Impact.
(2)
FCC Compliance. In order to provide information to its citizens,
copies of ongoing FCC information concerning each WCF and RF
emission standards may be requested. Applicants for each WCF shall
be required to provide information with the application on the
measurement of the effective radiated power of the facility and how
said facility will comply with FCC standards.
(1) Sound Prohibited. No sound emissions such as alarms, bells, buzzers, or
the like are permitted on any WCF.
(m) Collocation Agreement. All applicants for a WCF are required to submit
a statement with their application agreeing to allow collocation of other WCF
providers. The statement shall include the applicant's policy regarding collocation of
other providers and the methodology to be used by the applicant in determining
reasonable rates to be charged to other providers. The collocation agreement shall
be considered a condition for issuance of a TUP.
(n) TechnicalAssistance. In the course of consideration of any application,
the Director or the City Council may deem it necessary, in complex situations, to
employ an engineer or engineers or other consultants qualified in the design and
installation of WCF to assist the City in the technical aspects of the application. In
such cases, any reasonable cost incurred by the City not to exceed five thousand
dollars ($5,000) for the technical review and recommendation shall be reimbursed by
the applicant.
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Sec. 28-107. Availability of suitable existing Support Structures, alternative
buildings or structures, or alternative technology.
(a) No new WCF shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the Director that no existing Support Structure, or
alternative Support Structure, or alternative technology that does not require the use
of Support Structures can accommodate the applicant's proposed WCF. An
Applicant shall submit any and all information as the City may deem appropriate
related to the availability of suitable existing towers and other WCF, other structures,
or alternative technology. Information submitted to demonstrate that no existing
Support Structure, WCF, or other structure or alternative technology can
accommodate the applicant's proposed WCF may evidence any of the following:
(1) No existing Support Structures or WCF are located within the
geographic area which meet applicant's engineering requirements;
(2)
Existing Support Structures or other WCF are not of sufficient height
to meet Applicant's engineering requirements;
(3)
Existing Support Structures or WCF do not have sufficient structural
strength to support Applicant's proposed WCF and related equipment;
(4)
The Applicant's proposed Support Structure and WCF would cause
electromagnetic interference with existing WCF, or the broadcast
signal or antenna array on existing WCF or Support Structures would
cause interference with the Applicant's proposed WCF;
The fees, costs, or contractual provisions required by the owner of the
other structure in order to share an existing Support Structure or
WCF or to adapt an existing Support Structure or WCF for sharing
are unreasonable. Costs exceeding new Support Structure
development are presumed to be unreasonable;
(6)
There are other limiting factors that render existing Support
Structures, WCF, or an alternate technology unsuitable;
(7)
An alternative technology that does not require the use of Support
Structures, such as a cable micro-cell network using multiple low
power/receivers attached to a wire line system, is unsuitable. Costs
of alternative technology that exceed new Support Structure or WCF
development shall not be presumed to render the technology
unsuitable.
(b) As part of the process of consideration as to whether or not existing
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Support Structures or WCF would be suitable for an Applicant's needs, any owner of
any existing Support Structure or WCF may participate in any application or
permitting process by submitting evidence contrary to that produced by the Applicant
indicating that the owner of said existing structure has the capability of providing the
necessary Support Structure and WCF access for the applicant.
Sec. 28-108. Administrative approval.
(a) General. The following provisions shall govern the approval of
applications for Support Structures and WCF under this ordinance:
(1)
The Director may administratively approve the Support Structures
and WCF listed herein.
(2)
Each Applicant for approval shall apply to the Director providing the
information set forth in Section 28-109 of this ordinance and a non-
refundable fee in the amount of dollars ($.__) to
reimburse the City for the cost of reviewing the application.
(3)
The Director shall review the application and determine if the
proposed use and application for WCF and Support Structure
complies with this ordinance.
(4)
The Director shall respond to each such application within sixty (60)
after receipt of same by either approving or denying the application.
If approval of an application is denied by the Director, the Applicant
may at his choice file an appeal of said decision to the City Council,
provided such application for appeal is filed in writing within ten (10)
days following the denial of the application by the Director.
(b) List of acceptable Apphcations. 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 Agricultural,
Commercial, Heavy Industrial, or Light Industrial.
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(2)
Locating any Antenna Array or other WCF on existing Support
Structures or portions of any other WCF consistent with the terms of
paragraphs a and b below.
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
Agricultural, Commercial, Heavy Industrial, or Light
Industrial.
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 Agricultural, Commercial, Heavy Industrial,
or Light Industrial.
Sec. 28-109. Information Required for Each Application.
Applicants for a Tower Use Permit for a Support Structure or WCF shall
submit the following information:
(a) A scaled site plan clearly indicating the location, type, and height of the
proposed Support Structure and WCF, onsite land uses and zoning, adjacent land uses
and zoning, Master Plan classification of the site and all properties within the
applicable separation distances set forth herein, adjacent roadways, proposed means
of access, setbacks from property lines, elevation drawings of the proposed tower and
any other structures, topography, parking, and other information deemed appropriate
by the Director to be necessary to assess compliance with this ordinance;
(b) Legal description of the parent tract and leased parcel (if applicable);
(c) The setback distance between the proposed Support Structure and WCF
and the nearest residential unit and/or nearest residentially zoned area;
(d) Information indicating the method of fencing;
(e) A description of compliance with Sections 28-106 and 28-107 and all
applicable federal, state, or local laws.
(f) A notarized statement by the Applicant as to whether construction of the
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Support Structure or WCF will accommodate collocation of additional WCF for
future users.
(g) Identification of the Applicant providing the name, address, location of
main office (i. e., whether corporation, partnership, sole proprietorship, etc.) and other
information necessary to property identify the Applicant.
(h) A description of the suitability of the use of existing Support Structures,
WCF, or other structures or alternative technology not requiring the use of Support
Structures or WCF to provide the services to be provided through the use of the
proposed new support structure and WCF.
Sec. 28-110. Removal of abandoned WCF.
Any WCF that is not operated for a continuous period of twelve (12) months
shall be considered abandoned, and the owner of the WCF shall remove the WCF
within ninety (90) days after notice from the City to remove same. If the abandoned
WCF is not removed within ninety (90) days, the City may remove it and recover its
cost from the WCF owner. If there are two or more users of a single WCF, this
provision shall not become effective until all users of said facilities cease to use the
WCF. If the owner of an abandoned WCF cannot be located or is no longer in
business, the requirements of this section shall be the responsibility of the landowner
on whose property the WCF is located.
Sec. 28-111. Nonconforming WCF.
WCF existing on the date of the adoption of this ordinance which do not
comply with the requirements of this ordinance (nonconforming WCF) are subject to
the following provisions:
(a) Expansion. Nonconforming WCF may continue in use for the purpose
now used, but may not be expanded without complying with the requirements of this
ordinance except as further provided herein.
(b) Additions. Nonconforming WCF may add additional Antenna or Antenna
Array (belonging to the same provider or other providers) subject to the remaining
provisions of this ordinance.
(c) Rebuilding damaged or destroyed nonconforming WCF. Nonconforming
WCF which become damaged or destroyed due to any reason or cause, may be
repaired and restored to its former use, location, and physical dimensions subject to
the remaining applicable provisions of this ordinance.
Sec. 28-112. Revocation of Tower User Permits.
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Any Tower Use Permit (TUP) issued pursuant to this ordinance may be
revoked by the City Council after a hearing as provided herein. If the Council finds
that any permit holder has violated any provisions of this ordinance, or has violated
any federal, state, or local law or ordinance, or has failed to make a good faith
reasonable effort to provide or seek collocation, the Council may revoke the aforesaid
permits upon such terms and conditions, if any, that the Council may determine. Prior
to initiation of revocation proceedings, the Director shall notify the permit holder, in
writing, of the specific areas of noncompliance and specify the date by which such
deficiencies must be corrected. The time for correction of deficiencies shall not
exceed sixty (60) days. The permit holder shall provide the Director with evidence
that the required corrective action has been taken. Should the permit holder fail to
correct any deficiencies in the time required, the City Council shall convene a public
hearing to consider revocation of said permit. The hearing shall be conducted
pursuant to notice by publication in a newspaper with general circulation in the City
no less than ten (10) days prior to the hearing and by written notice to the permit
holder. At any such hearing, the permit holder may be represented by an attorney and
may cross-examine opposing witnesses. Other interested persons may comment. The
City Council may impose reasonable restrictions with respect to time and procedure.
Following such public hearing, the City Council shall determine, based on the findings
and recommendations of the Director and other evidence as shall be heard in said
public hearing, as to whether or not the aforesaid permit or permits should be
revoked, suspended, or other conditions should be imposed upon the permittee as the
Council shall deem appropriate."
Section 3. The various parts, sections, and clauses of this ordinance are hereby declared to
be severable; if any part, sentence, paragraph, section, or clause is judged unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
Section 4. Any existing ordinances or parts thereof in conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict only.
Section 5. That upon the effective date of this ordinance, Ordinance No. 2001-034 which
imposed a moratorium on the location of wireless telecommunications facilities in the City of Paris,
shall be and is hereby in all things repealed.
Section 6. That this ordinance shall be effective on September 1, 2001.
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PASSED AND ADOPTED this 13th day of August, 2001.
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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