1243.01 PURPOSE.

   These regulations are established to provide for the construction and use of Wireless Telecommunication Facilities in the City. The regulations allow Wireless Telecommunication Facilities as a conditional use, or permitted accessory use depending upon the specific land areas of the City in which, and circumstances under which, they are proposed to be located. The purpose of these regulations is to balance the competing interests created by the federal Telecommunications Act of 1996 (Public Law 104-104, codified at 47 U.S.C. §§ 151 et seq.), the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic

Buildings, and the interests of the City in regulating Wireless Telecommunication Facilities for the following reasons:

   A.    To protect property values and provide for orderly development within the City;

   B.    To insure that adequate telecommunication services are available within the City;

   C.    To protect the visual character for residents and wireless users of the City, including, but not limited to, its unique residential character, unobstructed open spaces, attractive commercial/office areas, and trees and other vegetation;

   D.    To maintain the historic character of the City, as recognized by its inclusion on the National Registry of Historic Places, from the potential for visual blight caused by Towers and related facilities,

   E.   To protect residential properties, parks, open spaces and the nonintensive, mainly low-rise commercial zoning districts which are characteristic of the City from the potential adverse effects of Towers and related Facilities;

   F.    To promote Co-location of Wireless Telecommunications Facilities in order to minimize the potential adverse effects of additional single-provider Towers in the City;

   G.    To provide for and protect the health, safety and general welfare of the residents and visitors of the City; and

   H.    To maintain, where possible, the integrity of the existing zoning regulations contained in the Zoning Ordinance.

   The regulations identify acceptable land areas for the location of Wireless Telecommunication Facilities as a conditional use in an overlay zoning district (“Wireless Telecommunication Facilities Overlay District” or “WTFO District”), or as a permitted accessory use when colocating for erection of Antennas only, which determination is dependent upon the location and characteristics of such land areas and the structures involved.

   Where applicable, the regulations governing the Wireless Telecommunications Facilities Overlay District shall control and supersede wherever they are inconsistent with other provisions of the Zoning Ordinance. If no inconsistency exists between the provisions of this WTFO District and the provisions of the underlying zoning district, the underlying zoning district regulations and other provisions of this Zoning Ordinance shall remain in full force and effect and shall regulate all land use and development.