HomeMy WebLinkAboutOrdinance 4145 ORDINANCE NO.414 5
AN ORDINANCE SUSPENDING ACCEPTANCE OF CONDITIONAL
USE APPLICATIONS FOR THE SITING OF WIRELESS
TELECOMMUNICATION TOWERS OR FACILITIES FOR A PERIOD
OF SIX MONTHS AND DECLARING AN EMERGENCY.
WHEREAS, Section 704 of the Telecommunications Act of 1996 established a
comprehensive framework for the exercise of jurisdiction by municipalities over the construction,
modification, and placement of facilities such as towers for cellular, personal communications
service, and specialized mobile radio service transmitters; and,
WHEREAS, Changes in wireless telecommunications technology and the desire of
citizens to receive adequate wireless telecommunication services have lead to an increased demand
for wireless telecommunications towers and facilities in the City of Fayetteville; and,
WHEREAS, Citizens of Fayetteville have expressed significant concern relating to the
location of wireless telecommunication towers and facilities within the City, including concerns
related to potential health hazards and the aesthetic affects of such towers and facilities on
neighboring properties and the community as a whole; and,
WHEREAS, it is necessary to study and consider the siting of wireless
telecommunications towers and facilities in order to protect the health, safety and welfare of the
citizens of Fayetteville.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section
1. Applications for conditional use received after the passage of this ordinance for
the siting of wireless telecommunication towers or facilities, except those applicants who propose
to locate on an existing structure, shall not be processed or approved for a period of six (6) months
in order to study and consider the development of possible rules, regulations and/or ordinances
pertaining to such towers or facilities.
Section 2. The immediate passage of this ordinance is necessary in that applicants may
take advantage of the thirty day period before the ordinance comes into effect to get their
application processed and approved thereby defecting the purpose of this ordinance and that such
a possibility is detrimental to the health, safety, and welfare of the citizens of the City of
Fayetteville: .Therefore an emergency is declared to exist and this ordinance shall be and is
effectiLe;&orn the date of its passage.
/ . fr �
a • •'PASSEQ j ND APPROVED this 2' day of March 1999.
i�� �; ii'; • � � ., APPROVED,•, , •ai��
• 4 V i
By'�
Fred Hanna, Mayor
ATT
By.
Heather Woodruff, C Clerk
A46CROPTLMED
STATE OF ARKANSAS MAR
study and consider the Siting Of . 0 1999
ORDINANCE NO. 4145 wireless telecommunidations , County Of Washington SS.
towers and facilities in order to
AN ORDINANCE SUSPEND- protect the health, safety and . tV1 U VCJ'
ING ACCEPTANCE OF CON-, welfare of the citizens of Fayet- I, JEFF JEFFUS, hereby certify that I am the publisher of THE
DITIONAL USE APPLICA- teville.
TIONSFOR THE SITING OF NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
WIRELESS TELECOMMUNI. NOW THEREFORE, BE IT � mailing privilege, and being not less than four pages of five columns each,
CATION TOWERS OR FACILI-, ORDAINED BY THE CITY
TIES FOR A PERIOD OF SIX COUNCIL OF THE CITY OF published at a fixed place of business and at fixed (daily) intervals
MONTHS AND DECLARING) FAYETTEVILLE, ARKANSAS: continuously In the Ci of Fayetteville, County of Washington, Arkansas for
AN EMERGENCY. Y City Y tY g
Section 1 . Applications for more than a period of twelve months, circulated and distributed from an
WHEREAS, Section 7(M of the conditional use received after
Telecommunications Act of the passage of this ordinance' established place of business to subscribers and readers generally of all
1996 established a he exercise
for the siting of wireless tela- classes in the City and County for a definite price for each copy, or a fixed
sive framework for the exercise communication towers s facili.
of jurisdiction by municipalities ties,'except those applicants price per annum, which price was fixed at what is considered the value of the
over the construction, facilice- w fisting pose to locate on an publication, based upon the news value and service value it contains, that at
tion, and. placement of facilities existing structure, shall not be P P
such as towers for cellular, per processed or approved for a+ least fifty percent of the subscribers thereto have paid for their subscriptions
sonal communications service, period of.six (6) months in order ,r
and specialized mobile.radio to study and consider the de- to the newspaper or its agents or through recognized news dealers over a
service transmitters; and; , empmonsof passible rales,
rperiod of at least six months and that the said newspaper ublishes an
- regulations and/or ordinances PP
WHEREAS, changes in wire- pertaining to such towers or is. average of more than forty percent news matter.
less telecommunications tech- cilNes.
nology and the desire of citi-
zens to receive adequate wire- Section 2. The immediate pas. I further certif that the legal notice attached in the matter of
less telecommunication serv- sage of this ordinance is neces- g
ices have lead to an increased , sary in that applicants may take /�
demand for wireless telecom. advantage of the thirty day ped. J +o//4
munications towers and facili- od before the ortlinance comes
Ues in the City of Fayetteville; j into effect to' get their applice-
and, tion processed and approved
- thereby defecting the purpose was published in the regular daily issue of said newspaper for
WHEREAS, Citizens of Fayet- , of this ordinance and that such CODSBCUIIVe insertions as follows:
teville have expressed signiff a possibility is detrimental to
cent concern relating to the Io- the health, safety, and welfare
cation o1 wireless relating
to the lo-
theof,the citizens of the City rof
e y J' I • /
cation towers and facilities , Fayetteville. Therefore an The first insertion on the day Of 19
within the City, including con- i emergency is declared to exist
items related to potential health I and this ordinance shall be and
hazards and the aesthetic at. is effective from the date of its the second insertion on the day of 19 —
facts of such towers and facili. passage.
ties on neighboring properties
and the community, as a whole; PASSED AND APPROVED
and, this .2nd day of March ' the third insertion On the day Of 19
1999.
WHEREAS, It is necessary toi
APPROVED: the fourth insertion on the —
Fred Hanna, Mayor
ATTEST: f ubIsher/General Manager
By:
Reamer Woodruff, City Clark Sworn to and subscribed before me on this day of
19 —
Notary Public
My Commission Expires: p c
Fees for Printing.......................................................$
Costof Proof.............................................................$
Total..........................................................................$ / ;&. 01
FAYETTEVILLE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
March 10, 1999
To: Janet Johns, Planning Secretary
From: Heather Woodruff, City Clerk
Attached is a copy of the ordinance regarding cell towers. The original will be microfilmed and
filed in the city clerks office.
Cc. File