1172.01 INTENT.
   (a)   The WTTO Wireless Telecommunication Tower Overlay District is established to provide for the construction and use of wireless telecommunication towers and facilities as a permitted use, conditional use, or accessory use depending upon the specific land areas of the City and circumstances in which they are proposed to be located. The purpose of this Overlay District is to balance the competing interests created by the Federal Telecommunications Act of 1996 (Public Law 104-104) and the interests of the City in regulating wireless telecommunication towers and related facilities for the following reasons: to provide for orderly development within the City; to protect property values; to maintain the aesthetic appearance of the City; to provide for and protect the health, safety and general welfare of the residents of the City; to protect residential properties, parks and open spaces from the adverse effects of towers and related facilities; to promote collocation of wireless telecommunication facilities in order to decrease the number of towers in the City; and to maintain, where possible, the integrity of the existing zoning regulations contained in the Zoning Code.
   (b)   The Wireless Telecommunication Tower Overlay District regulations shall control and supersede wherever they are inconsistent with other provisions of the Zoning Code. If no inconsistency exists between the provisions of this Overlay District and the provisions of the underlying zoning district, the underlying zoning district regulations and other provisions of this Zoning Code shall remain in full force and effect and shall regulate all land use and development.
   (c)   The Wireless Telecommunication Tower Overlay District establishes a hierarchy of acceptable land areas for location of wireless telecommunication towers and related facilities through the establishment of such use as a permitted use in certain land areas, as a conditional use in other land areas, or as an accessory use for erection of antennas only, which determination is dependent upon the location and characteristics of such land areas.
(Ord. 12-97. Passed 4-22-97.)