03-98 Chpt 1159 Zoning - Wireless Facilities

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PLMSb >;um;nTIITE FDR~'~~D. 3-98 , , PLACED ON 1St READING & REFERRE on 2/2/98; 2nd Reading 2/17/98. ,0 PLANNING CMMSN. ORDINANCE NO: 3-98 BY: Corrigan, Flannery, George, Roth, Seelie, Skin dell, Smith AN ORDINANCE to amend the Zoning Code to add new Chapter 1159 Wireless Telecommunication Facilities to the Codified Ordinances ofthe City ofLakewoöd, WHEREAS, the Federal Telecommunications Act of1996, Public Law 104-104, has created a national policy to increase competition in the telecommunications field and, although the Act has not preempted local zoning with regard to wireless telecommunication towers and related facilities, it does provide that local governments shaH not have in place land use regulations whiòh effectively prohibit the delivery of personal wireless services or which unreasonably discriminate among providers of functionally equivalent services; and WHEREAS, the City has a legitimate interest in regulating wireless te:1ecornrnunication towers and related facilìties in order to provide for the orderly development within the City and, among-other reasons, for the protection of property values and the safety of its residents; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section I That the Zoning Code be amended by adding new Chàpter 1159 Wireless Telecommunication Facilities, as set forth in attached Exhibit A, to the Codified Ordinances of the City of Lake wood. Section 2. It is fOWld and detennined that all fonnal actions of this Council concerhing and relating to the passage of this ordinance were adopted in an open meeting ofthis Council, and that all such deliberation ofthe Council and of any of its connnittees that resulted in such fonnal action were in meetings open to the public in compliance with all legal requirements Adopted ~ If¡ 19M ~,k lerk