1325.01
Findings.
1325.02 Purposes.
1325.03 Definitions.
1325.04 Development of towers.
1325.05 Interference with public works and public safety radio services.
1325.06 Setbacks.
1325.07 Structural requirements.
1325.08 Separation or buffer requirements.
1325.09 Method of determining tower height.
1325.10 Illumination.
1325.11 Exterior finish.
1325.12 Landscaping.
1325.13 Security.
1325.14 Access.
1325.15 Certifications and inspections.
1325.16 Maintenance.
1325.17 Stealth.
1325.18 Telecommunications facilities on antenna support structures.
1325.19 Existing towers.
1325.20 Variances.
1325.21 Abandonment.
1325.22 Reservation of rights.
1325.23 Severability.
(a) The City has the authority to regulate the placement, construction, and modification of towers, antennas support structures, and telecommunications facilities.
(b) The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 (“The Act”) grants the Federal Communications Commission (FCC) exclusive jurisdiction over:
(1) The regulation of the environmental effects of radio frequency emissions from telecommunications facilities.
(2) The regulation or radio signal interference among users of the radio frequency spectrum.
(c) The City’s regulation of towers and telecommunications facilities cannot have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Act. (Ord. 318. Passed 2-4-08.)
The general purpose of this article 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 marketplace in Westover. Specifically, the purposes of this article are:
(a) To facilitate the provisions of wireless telecommunications services to the residents and businesses of the City in an orderly fashion;
(b) To regulate the location of towers and telecommunications facilities in the City;
(c) To protect residential areas and land uses from potential adverse impact of towers and telecommunications facilities;
(d) To minimize adverse impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;
(e) To promote and encourage shared use/collection of towers and antenna support structures as a primary option rather than construction of additional single-use towers;
(f) To avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structure are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or determined to be structurally unsound;
(g) To ensure that towers and telecommunications facilities are compatible with surrounding land uses;
(h) To promote the location of towers in industrial and business, rather than residential areas. (Ord. 318. Passed 2-4-08.)
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