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TO ENACT CODE CHAPTER 1181, PERSONAL WIRELESS SERVICE FACILITIES, OF THE CODIFIED ORDINANCES OF THE CITY OF GAHANNA; AND TO DECLARE AN EMERGENCY
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WHEREAS, the Gahanna City Council is authorized, directed, and empowered to enact ordinances which implement plans made by the City; and
WHEREAS, personal wireless services and personal wireless service facilities comprise a rapidly growing segment of the telecommunications sector and have merit and value for the community as a whole; and
WHEREAS, the U.S. Congress adopted Section 704 as part of the Telecommunications Act, which amended Section 332(c)(7)(A) of the Communications Act of 1934, that the President of the United States signed into law on February 8, 1996, such section defining personal wireless services and personal wireless service facilities and preserving local zoning authority over decisions regarding the placement, construction, and modification of personal wireless service facilities except for five limitations; and
WHEREAS, the first limitation is that a local government shall not unreasonably discriminate among providers of functionally equivalent services; and
WHEREAS, the second limitation is that a local government shall not prohibit or have the effect of prohibiting the provision of personal wireless services; and
WHEREAS, the third limitation is that a local government shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is filed; and
WHEREAS, the fourth limitation is that a local government shall put any decision to deny a personal wireless service facility into writing and support such decision by substantial evidence contained in a written record; and
WHEREAS, the fifth limitation is that a local government shall not regulate personal wireless service facilities on the basis of the environmental effects of radio frequency emission to the extent that such facilities comply with the Federal Communications Commission (FCC) Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines); and
WHEREAS, the regulation of the placement, construction and modification of personal wireless service facilities preserves and protects the safety, welfare, and general well-being of the citizens of the City of Gahanna; and
WHEREAS, the purpose and intent of this Chapter of the Codified Ordinances is to establish standards for the location, siting and design of personal wireless service facilities, and the goals of this Chapter of the Codified Ordinances are to: (i) allow for alternative types of personal wireless service facilities in any location subject to standards; (ii) encourage the use of the existing right-of-way with existing and new utility poles made expressly for deploying personal wireless service facilities; (iii) expedite the review process for those applications choosing the least intrusive alternative of deploying personal wireless service facilities; (iv) encourage users of monopoles and antennas to locate, site and design them in a way that minimizes the adverse visual impact of monopoles and antennas; (v) enhance the ability of the providers of personal wireless services to provide such services to the community quickly, effectively, and efficiently; and (vi) to promote personal wireless service facilities compatibility with surrounding land uses, and protect the attractiveness, safety, general welfare, and property values of the community; and
WHEREAS, Planning Commission has reviewed this code and made recommendation on June 25, 2008 to Council for adoption of this code; and
WHEREAS, the Ohio Revised Code authorizes the Gahanna City Council to adopt ordinances to provide standards that provide for the health, safety, and welfare of the citizens of the City of Gahanna and it is necessary to immediately implement the provisions of this new code; all for the preservation of the public peace, health, safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, STATE OF OHIO:
Section 1. That Chapter 1181, Personal Wireless Service Facilities, of the Codified Ordinances of the City of Gahanna, is hereby enacted as set forth in EXHIBIT A, attached hereto and made a part herein.
Section 2. That, for the reasons set forth in the preamble hereinabove, this ordinance is declared emergency legislation and shall be in full force and effect after passage by this Council and on date of signature approval by the Mayor.