1127.01 PURPOSE.
   (a)   The purpose of this chapter is to regulate the placement, construction, and modification of wireless telecommunication facilities and their support structures within appropriate areas of the City of Fairborn in order to protect the public health, safety and welfare, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Miami Valley Region. Specifically, the purposes of the chapter are:
      (1)   To protect residential areas and all land uses from potential adverse impacts of towers and wireless telecommunications facilities, through careful design siting, landscaping and innovative disguising techniques;
      (2)   To promote and encourage shared use and co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers;
      (3)   To avoid potential damage to adjacent properties caused by towers and wireless telecommunications facilities by ensuring such structures are soundly designed, constructed, and modified, are appropriately maintained, and are fully removed when abandoned; and
      (4)   To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are compatible with surrounding land uses, and are designed in harmony with natural settings and in a manner consistent with current development patterns.
   (b)   All towers, antenna support structures, and wireless telecommunication facilities, any portion of which is located within Fairborn, are subject to this chapter. Except as provided in this chapter, any use of an existing tower or antenna support structure on the effective date of this chapter shall be deemed a nonconforming structure and allowed to continue, even if in conflict with the terms of this chapter.
(Ord. 34-17. Effective 12-7-17.)