Title
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 emi...
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