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?.: "CHAPTER 1151 WIRELESS TELECOMMtJNICATION FACILITIES REGULATIONS AND WIRELESS TELECOMMUNICATION FACILITIES OVERLAY (WTFO) DISTRICT 1151.01 Purpose. 1151.05 Minunum Standards for Construction, 1151.02 Definitions. Erection, Maintenance and Removal. 1151.03 Applicability. 1151.06 Fees. 1151.04 Use Regulations. 1151.07 Exemption of Certain City Property. 1151.08 Waiver. 1151.01 PURPOSE. These regulations are established to provide for the construction and use of Wireless Telecommunication Facilities in the City. The regulations allow Wireless Telecommunication Facilities as a pemutted use, conditional use, or accessory use depending upon the specific land areas of the City in which, and circumstances under which, they are pmposed to be located. The purpose of these regulations is to balance the competing interests created by the federal Telecommunications Act of 1996 (Public Law 104-104, codified at 47 U.S.C. §§ 151 et seq.) and the interests of the City in regulating Wireless Telecommunication Facilities for the following reasons: (a) To provide for orderly development within the City; (b) To protect property values; (c) To maintain the aesthetic appearance of the City, including, but not limited to, its residential chazacter, unobstructed open spaces and attractive commercial and office/industrial areas; (d) To protect residential properties, parks, open spaces and less intensively used commercial zoning districts in the City from the adverse effects of Towers and related Facilities; (e) To promote Collocation of Wireless Telecommunications Facilities in order to decrease the total number of Towers in the City; ( fl To provide for and protect the health, safety and general welfare of the residents and visitors of the City; and (g) To maintain, where possible, the integrity of the existing zoning regulations contained in the Zoning Code. The regulations establish a hierarchy of acceptable land areas for the location of Wireless Telecommunication Facilities through the establishment of such use as a permitted use in certain zoning districts, as a conditional use in certain zoning districts and in overlay zoning districts ("Wireless Telecommunication Facilities Overlay District" or "WTFO District"), or as a permitted accessory use for the erection of Antennas only without a supporting structure, which determination is dependent upon the location and characteristics of such land azeas. Where applicable, the regulation governing the Wireless Telecommunication Facilities Overlay District shall control and supersede wherever it is inconsistent with other provisions of the Zoning Code. If no inconsistency exists between the provisions of this WTFO District and the underlying Zoning District, the underlying Zoning District regulations and other provisions of this Zoning Code shall remain in full force and effect and shall regulate all land use and development. 133990-1 2