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8E Consent 2015 1005
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8E Consent 2015 1005
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10/7/2015 5:35:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date β(6)β
10/5/2015
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_CC Agenda 2015 1005 CS+RG
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 1005
4A Public Hearing 2015 0921
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0921
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4. Pre-Existing Wireless Telecommunications Facility. Any wireless <br />telecommunications facility for which a permit has been properly issued prior to <br />the effective date of this Section shall not be required to meet the requirements <br />of this Section, other than the requirements of Subsection F. Any such <br />facilities shall be referred to in this Section as βpre-existing wireless <br />telecommunications facilities.β Any nonconforming facilities may continue <br />to be operated, repaired, and maintained but shall not be enlarged, <br />expanded, relocated, or modified in any material manner, as determined <br />within the reasonable discretion of the Community Development <br />Department. <br /> <br />5. Satellite Antenna. This Section shall not apply to any satellite antenna placed <br />in residential zones that is one meter or less in diameter nor to any other <br />satellite antenna located in any other zone that is two meters or less in <br />diameter. <br /> <br />6. Exempted by State and/or Federal Regulations. The Community <br />Development Department may grant an exception to any requirement of <br />Section 4-1686 upon making findings that a) strict compliance precludes <br />the reasonable accommodation of the communication needs of the <br />operator as set forth in State and/or Federal rules and regulations; b) <br />there are no other feasible alternatives; and c) either State or Federal <br />rules and regulations requires the Department to issue the exception or <br />that the exception will serve the public interest despite conflict with the <br />mandatory standards herein. <br /> <br />D. Restrictions. The following restrictions shall apply to wireless telecommunications <br />facilities: <br /> <br />1. No new unscreened wireless telecommunications facility shall be permitted <br />three hundred (300) feet or less away from any residential property line or <br />residential zoning district boundary. <br /> <br />E. General Guidelines and Requirements. All wireless telecommunications facilities <br />must comply with the following except when impractical or technologically <br />infeasible. The burden shall be on the applicant to provide evidence as part of the <br />application showing why and how complying with these standards would be <br />impractical or technologically infeasible. <br /> <br />1. Principal or Accessory Use. Wireless telecommunications facilities may be <br />considered either principal or accessory uses. A different existing use or an <br />existing structure on the same lot shall not preclude the installation of a <br />wireless telecommunications facility on such lot. For purposes of determining <br />whether the installation of a wireless telecommunications facility complies with <br />zoning district development regulations, including, but not limited to, set-back <br />Proposed Amended Article 16 <br /> <br />Note: underlined and bolded text represents new text; strike through represents text to be eliminated Page 9
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