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i ~~~ CITY OF NORTH OLMSTED ~? / ~ ~ ~~ ORDINANCE NO. 97-73 ~~~/ BY: MAYOR BOYLE AN'ORDINANCE CREATING NEW CHAPTER 1167 OF THE ZONING CODE OF THE CITY OF NORTH OLMSTED, ENTITLED "WIRELESS COMMUNICATION TOWERS; "AND AMENDING THE FOLLOWING SECTIONS OF THE ZONING CODE IN ORDER TO IMPLEMENT THE PROVISIONS OF SAID NF.W CHAPTER 1167: SECTIONS 1118.01, 1118.02, 1118.03, 1126.06, 1135.01, 1136.04, 1137.02, 1139.01, 1141.02, 1145.03, AND 1149.03, as amended. WHEREAS, the federal Telecommunications Act of 1996 provides that municipalities may, through their zoning codes, regulate the placement of telecommunications facilities within the various districts of the municipality; and WHEREAS, it is the desire of this Council to enact comprehensive regulations of such telecommunication facilities located within the City, to the fullest extent permitted under federal law, in order to preserve and protect the health and safety of the residents of the City ;and WHEREAS, said regulations will be contained in a new Chapter 1167 of the Zoning Code, and will be implemented by amending various other sections of the Zoning Code as indicated in the title of this Ordinance; and WHEREAS, after careful consideration, the Planning Commission of the City of North Olmsted, on the 23rd day of September, 1997, recommended approval of the proposed new Chapter 1167, and the amendments to Sections 1118.0], 1118.02, 1118.03, 1126.06, 1135.01, 1136.04, 1137.02, 1139.01, 1141.02, 1145.03, and 1149.03 of the Zoning Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That there is hereby created new Chapter 1167 of the City of North Olmsted Zoning Code, entitled "Wireless Communications Towers," which new chapter shall read in its entirety as is set forth in attached Exhibit A, all of the provisions of which are incorporated herein by reference. .SECTION 2: That Section 1 1.18.01 of the Zoning Code, which currently reads as follows: " 1118.01 INTENT. Conditional use permits shall be required for certain types of main uses, generally publicly operated or a facility which affects the public interest. Such use may be permitted and desirable in certain districts but not without consideration in each case of the effect of the use upon neighboring land and the public need for the particular location. The application of the planning standards for