§ 43.01. Intent.

The Federal Telecommunications Act of 1996, Public Law 104-104, affirmed the City of Athens' authority concerning the placement, construction, and modification of wireless telecommunications facilities. The City of Athens finds that wireless communications facilities may pose significant concerns to the health, safety, public welfare, character, and environment of the city and its inhabitants. The city also recognizes that facilitating the development of wireless service technology can be an economic development asset to the city and of significant benefit to the city and its residents. In order to insure that the placement, construction, or modification of wireless telecommunications facilities is consistent with the city's land use policies, the city is adopting a single, comprehensive wireless telecommunications facilities application and permit process. The purpose of these regulations is to balance the competing interests created by the Telecommunications Act of 1996 and the interests of the city in regulating wireless telecommunication facilities. Specifically, these regulations are intended to achieve the following purposes:

(A)

To protect property values;

(B)

To regulate commercial use so as to provide for orderly and safe development within the city;

(C)

To provide for and protect the health, safety, and general welfare of the residents of Athens;

(D)

To minimize any adverse effects on residential properties, parks, open spaces, and non-intensive commercial zoning districts;

(E)

To promote the co-location of wireless telecommunications facilities in order to decrease the number of towers in the city;

(F)

To maintain the aesthetic appearance of the city; and

(G)

To maintain, where possible, the integrity of the Athens City Zoning Code.

(Ord. No. 0-33-12, § I, 3-19-2012)