GENERAL PROVISIONS

§ 116.01 TITLE.

   These regulations shall officially be known, cited and referred to as the Wireless Telecommunication Facility Regulations of the City of Marion (hereinafter “these regulations”).

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§ 116.02 PURPOSES.

   In order to protect the public health, safety and general welfare of the community, while accommodating the communication needs of residents and businesses, these regulations are necessary in order to:

   (A)   Facilitate the provision of wireless telecommunication services to the residents and businesses of the City of Marion;

   (B)   Minimize adverse visual effects of towers through careful design and siting standards;

   (C)   Encourage the location of towers in nonresidential areas through performance standards and incentives;

   (D)   Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

   (E)   Provide mechanisms for the mitigation of tower proliferation through tower sharing requirements for all new tower applicants and those existing towers that are physically capable of sharing.

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§ 116.03 AUTHORITY.

   The City of Marion Advisory Plan Commission (hereinafter “APC”) is vested with the authority to review, approve, conditionally approve and disapprove applications for wireless communication facilities, including sketch, preliminary and final plans.

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§ 116.04 JURISDICTION.

   (A)   These regulations apply to all wireless communication facilities, as defined in § 116.09, located within the jurisdiction of the City of Marion Advisory Plan Commission as provided by law.

   (B)   No wireless communications facility may be constructed within the jurisdiction without an approved and signed permit from the Advisory Plan Commission.

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§ 116.05 ENACTMENT.

   In order that wireless communications facilities may be constructed in accordance with these purposes and policies, these regulations shall be in full force and in effect in the manner provided by law. All applications for wireless communication facility sitings pending on the effective date of these regulations shall be reviewed under these regulations.

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§ 116.06 INTERPRETATION AND CONFLICTS.

   (A)   Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety, and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.

   (B)   Conflict. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from any other ordinance, rule or regulation, statute, or other provision of law, the provision which is more restrictive or imposes higher standards shall control.

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§ 116.07 AMENDMENTS.

   For the purpose of protecting the public health, safety and general welfare, the City of Marion Advisory Plan Commission may from time to time propose amendments to these regulations which shall be approved or disapproved by the Marion City Council at a public meeting following public notice. Realizing that communication technologies are evolving and changing quickly, future innovations may reduce the impacts of individual facilities and render portions of these regulations obsolete. Therefore, periodic review and revision of these regulations will be necessary.

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