1088
100
ORDINANCE NO. IOBB (# I 6 - 9/)
AN ORDINANCE PROVIDING POLICY GUIDELINES AND ~/ANDARDS FOR THE
EXERCISE OF LOCAL AUTHORITY TO REGULA/I:.. TELECOMMUNICATIONS PROVIDERS
AND SERVICES WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; CREATING
JACKSONVILLE MUNICIPAL CODE 95.40, 1:../. AL.; DECLARING AN EMERGENCY;
AND, FOR OTHER PURPOSES.
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WHEREAS, RECENT FEDERAL LEGISLATION (THE TELECOMMUNICATIONS ACT OF
I 996) HAS EMPOWERED MUNICIPALITIES TO ENACT LEGISLATION TO REGULATE
TELECOMMUNICATION PROVIDERS AND SERVICES IN THEIR RESPECTIVE AREAS, AND
0ACKSONVILLE HAS A NEED TO PROVIDE SUCH REGULATIONS PRIOR TO SUBMISSION OF
ADDITIONAL REQUESTS FROM SERVICE PROVIDERS ARE RECEIVED,
NOW, THEREFORE, BE rr ORDAINED BY THE CIlY COUNCIL OF THE CITY
OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: 0ACKSONVILLE MUNICIPAL CODE 95.40 IS HEREBY CREATED AND
SHALL INCLUDE THE FOLLOWING:
JACKSONVILLE MUNICIPAL CODE ~5.40.0 I 0 -- DEFINITIONS
A. ANTENNA ARRAY MEANS ONE OR MORE RODS, PANELS, DISCS OR SIMILAR
DEVICES USED FOR THE IHANSMISSION OR RECEPTION OF RADIO FREQUENCY SIGNALS, WHICH
MAY INCLUDE OMNI DIRECTIONAL ANTENNA (ROD), DIRECTIONAL ANTENNA (PANEL) AND
PARABOLIC ANTENNA (DISC). THE ANTENNA ARRAY DOES NOT INCLUDE THE SUPPORT
STRUCTURE DEFINED BELOW.
B. A, ,ACHED WIRELESS COMMUNICATIONS FACILITY (A "ACHED WCFJ MEANS
ANTENNA ARRAY THAT IS AI IACHED TO AN EXISTING BUILDING OR STRUCTURE (AI IACHMENT
SIHUCTURE), WHICH STRUCTURES SHALL INCLUDE, BUT NOT BE LIMITED TO, UTILITY POLES,
SIGNS, WATER TOWERS, WITH ANY ACCOMPANYING POLE OR DEVICE (AIIACHMENT DEVICE)
WHICH AI lACHES THE ANTENNA ARRAY TO THE EXISTING BUILDING OR STRUCTURE AND
ASSOCIATED CONNECTION CABLES, AND ANY EQUIPMENT FACILITY WHICH MAY BE LOCATED
EITHER INSIDE OR OUTSIDE OF THE AI IACHMENT STRUCTURE.
C. COLLECTION OF SITE SHARING MEANS USE OF COMMON WCF OR COMMON SITE
BY TWO (2) OR MORE WIRELESS LICENSE HOLDERS OR BY ONE WIRELESS LICENSE HOLDER
FOR MORE THAN ONE 1YPE OF COMMUNICATIONS TECHNOLOGY OR PLACEMENT OF A WCF ON
A STRUCTURE OWNED OR OPERATED BY A UTILITY OR OTHER PUBLIC ENTITY.
D. DEVELOPMENT STANDARDS SHALL MEAN THOSE STANDARDS SET FORTH IN
JACKSONVILLE MUNICIPAL CODE ~5.40.030.
E. ENGINEER MEANS THE CITY ENGINEER OR HIS DELEGATED REPRESENTATIVE.
F. EQUIPMENT FACILITY MEANS ANY STRUCTURE USED TO CONTAIN ANCILLARY
EQUIPMENT FOR A WCF WHICH INCLUDES CABINI::.IS, SHELTERS, A BUILD OUT OF AN EXISTING
STRUCTURE, PEDESTALS, AND OTHER SIMILAR STRUCTURES.
G. FAA MEANS THE FEDERAL AVIATION ADMINISTRATION.
H. FCC MEANS THE FEDERAL COMMUNICATION COMMISSION.
I. rIA MEANS THE FEDERAL TELECOMMUNICATIONS ACT OF 1996,
w. HEIGHT MEANS THE DISTANCE MEASURED FROM GROUND LEVEL TO THE
HIGHEST POINT ON THE WCF, INCLUDING THE ANTENNA ARRAY.
~
ORDINANCE No. 1088 (# 16 - 97)
NOVEMBER 20, 1997
PAGE Two
K. REVIEW PROCESS MEANS THOSE PROCESSES SET FORTH IN 0ACKSONVILLE
MUNICIPAL CODE 95.40.040.
L. St::./t:::1ACK MEANS THE REQUIRED DISTANCE FROM THE WCF TO THE PROPERTY
LINES OF THE PARCEL ON WHICH THE WCF IS LOCATED.
M. S/t::.ALTH TECHNOLOGY MEANS SYSTEMS, COMPONENTS AND MATERIALS USED
IN THE CONSTRUCTION OF WCF's WHICH ARE DESIGNED TO MASK OR CONCEAL THE WCF TO
MAKE IT COMPATIBLE WITH THE SURROUNDING PROPERTY.
N. SUPPORT STRUCTURE MEANS A STRUCTURE DESIGNED AND CONSTRUCTED
SPECIFICALLY TO SUPPOt-<1 AN ANTENNA ARRAY, AND MAY INCLUDE A MONOPOLE, TOWER, AND
OTHER SIMILAR STRUCTURES. SUPPORT STRUCTURE SHALL NOT INCLUDE A SELF
SUPPORTING (LAIIICE) OR GUY-WIRE SUPPOt-<IED TOWER. ANY DEVICE (AIIACHMENT DEVICE)
WHICH IS USED TO FASTEN AN AIIACHED WCF TO AN EXISTING BUILDING OR STRUCTURE
(AIIACHMENT SIt,,<UCTURE) SHALL BE EXCLUDED FROM THE DEFINITION OF AND REGULATIONS
APPLICABLE TO SUPPORT STRUCTURES.
O. TEMPORARY WIRELESS COMMUNICATION FACILITY (TEMPORARY WCFJ MEANS A
WCF TO BE PLACED IN USE FOR NINETY (90) OR FEWER DAYS.
P. TOWER USE PERMIT rTUPJ MEANS A PERMIT ISSUED BY THE CITY SPECIFICALLY
FOR THE LOCATION, CONSTRUCTION AND USE OF A WCF SUBJECT TO A BINDING SITE PLAN
AND SPECIAL CONDITIONS DETERMINED BY THE PLANNING COMMISSION TO BE APPROPRIATE
UNDER THE PROVISIONS OF THIS ARTICLE.
Q. WIRELESS COMMUNICATIONS MEANS ANY PERSONAL WIRELESS SERVICE, AS
DEFINED IN THE TELECOMMUNICATIONS ACT OF 1996? WHICH INCLUDES FCC LICENSED
COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES INCLUDING CELLULAR, PERSONAL
COMMUNICATION SERVICES (PCS),SPECIALIZED MOBILE RADIO (SMR), ENHANCED SPECIALIZED
MOBILE RADIO (ESMR), PAGING, AND SIMILAR SERVICES THAT CURRENTLY EXIST OR THAT MAY
IN THE FUTURE BE DEVELOPED.
R. WIRELESS COMMUNICATION FACILITY (WCFJ MEANS ANY UNSTAFFED FACILITY
FOR THE TRANSMISSION OR RECEPTION OF WIRELESS TELECOMMUNICATIONS SERVICES,
USUALLY CONSISTING OF AN ANTENNA ARRAY, CONNECTION CABLES, AN EQUIPMENT FACILITY,
AND A SUPPORT STRUCTURE TO ACHIEVE THE NECESSARY ELEVATION.
JACKSONVILLE MUNICIPAL CODE 95.40.020
APPLICABILITY
A. PRE-EXISTING WCFs. WCFs FOR WHICH A PERMIT OR APPROVAL HAS BEEN
ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE SHALL NOT BE REQUIRED TO MEET
THE REQUIREMENTS OF THIS ORDINANCE UNLESS CIRCUMSTANCES AS FURTHER SPECIFIED IN
0ACKSONVILLE MUNICIPAL CODE 95.40.070 HEREIN ARE MET.
B. THE PLANNING COMMISSION IS HEREBY GRANTED AUTHORITY TO PROMULGATE
RULES, REGULATIONS, GUIDELINES, AND CRITERIA TO IMPLEMENT THE PROVISIONS SI::.I FORTH
IN THIS ORDINANCE.
C. RELATIONSHIP TO OTHER ORDINANCES. THIS ORDINANCE SHALL SUPERSEDE
ALL CONFLICTING REQUIREMENTS OF OTHER CODE PROVISIONS AND ORDINANCES AFFECTING
THE LOCATING AND PERMII liNG OF WCFs.
JACKSONVILLE MUNICIPAL CODE 95.40.030
DEVELOPMENT ~IANDARDS
A. HEIGHT STANDARDS
I. AIIACHED WCFs. AIIACHED WCFs SHALL NOT ADD MORE THAN TWENTY
FEET (201) IN HEIGHT TO THE EXISTING BUILDING OR STRUCTURE TO WHICH IT IS AI IACHED
~1-
ORDINANCE No. 1088 (# 16 - 97)
NOVEMBER 20, 1997
PAGE THREE
(AIIACHMENT STRUCTURE) IN ALL ALLOWABLE ZONES OF C-3, C-4, M-I , M-2, AND ON ALL
PUBLIC BUILDINGS OR STRUCTURES.
2. WCFs WITH SUPPORT STRUCTURES. SCFs WITH SUPPORT STRUCTURES
SHALL HAVE A MAXIMUM OF ONE HUNDRED FEET ( 1001) IN ALL ALLOWABLE ZONES OF C-3,
C-4, M-I , M-2, AND IN PUBLIC RIGHTS OF WAY.
B. SETBACK STANDARDS.
I. AIIACHED WCF. ANTENNA ARRAYS FOR AIIACHED WCF's ARE EXEMPT FROM
THE SETBACK PROVISIONS OF THE ZONE IN WHICH THEY ARE LOCATED. AN AI IACHED WCF
ANTENNA ARRAY MAY EXTEND UP TO THIRTY (30) INCHES HORIZONTALLY BEYOND THE EDGE
OF THE AI IACHMENT STRUCTURE SO LONG AS THE ANTENNA ARRAY DOES NOT ENCROACH
UPON AN ADwOINING PARCEL OF PROPERTY.
2. WCFs WITH SUPPORT STRUCTURES. WCFs WITH SUPPORT STRUCTURES
SHALL MEI::.I THE SI::.IBACK REQUIREMENTS FOR PRINCIPLE STRUCTURES OF THE UNDERLYING
ZONE IN WHICH THEY ARE LOCATED.
3. WCFs WITH SUPPOt-< I STRUCTURES PROPOSED FOR CONSTRUCTION ON A LOT
THAT ABUTS ANY RESIDENTIAL ZONE SHALL BE SI::.I BACK A DISTANCE AT LEAST THE HEIGHT OF
THE TOWER.
C. LANDSCAPING AND SCREENING.
I . WCF SITES WITH SUPPORT STRUCTURE SHALL BE LANDSCAPED AROUND TO
PROVIDE VEGETATION, LANDSCAPING, AND OTHER BEAUTIFICATION TO ENHANCE THE
APPEARANCE OF THE SUPPORT STRUCTURE. ApPLICANT SHALL TAKE INTO ACCOUNT THE
PLACEMENT OF THE TOWER, APPEARANCES FROM ALL ANGLES, AND LONG-LASTING PLANT LIFE,
AND ApPLICANT'S PRINTED MATERIALS MUST INCLUDE INFORMATION REGARDING LANDSCAPING
AND SCREENING PLANS.
2. ExiSTING MATURE TREE GROWTH AND NATURAL LANDFORM ON THE SITE SHALL
BE PRESERVED TO THE EXTENT FEASIBLE; PROVIDED, HOWEVER, THAT VEGETATION THAT
CAUSES INTERFERENCE WITH THE ANTENNAS OR INHIBITS ACCESS TO THE EQUIPMENT FACILITY
MAY BE TRIMMED.
3. EXISTING VEGETATION ON A WCF SITE MAY BE USED IN LIEU OF REQUIRED
LANDSCAPING WHERE SUCH USE IS APPROVED BY THE PLANNING COMMISSION.
D. AESTHETICS, PLACEMENT, MATERIALS AND COLORS
WCFs SHALL BE DESIGNED SO AS TO BLEND WITH THE EXISTING STRUCTURES AND
SURROUNDINGS TO THE EXTENT FEASIBLE, INCLUDING PLACEMENT IN A LOCATION WHICH IS
CONSISTENT WITH PROPER FUNCTIONING OF THE WCF, THE USE OF COMPATIBLE OR NEUTRAL
COLORS, AND STEALTH TECHNOLOGY.
E. LIGHTING AND SIGNAGE
I . WCFs SHALL NOT BE ARTIFICIALLY ILLUMINATED, DIRECTLY OR INDIRECTLY,
EXCEPT FOR:
(A) SECURITY AND SAFETY LIGHTING OF EQUIPMENT BUILDINGS IF SUCH LIGHTING IS
APPROPRIATELY DOWN SHIELDED TO KEEP LIGHT WITHIN THE BOUNDARIES OF THE SITE; AND
(B) SUCH ILLUMINATION OF THE WCF AS MAY BE REQUIRED BY THE FAA OR OTHER
APPLICABLE AUTHORITY INSTALLED IN A MANNER TO MINIMIZE IMPACTS OR ADwACENT
RESIDENCES.
2. WCFs SHALL NOT DISPLAY ANY SIGNAGE, LOGOS, DECALS, SYMBOLS OR ANY
MESSAGES OF A COMMERCIAL OR NONCOMMERCIAL NATURE.
b,3
ORDINANCE No. 1088 <# 16 - 97)
NOVEMBER 20, 1997
PAGE FOUR
F. SECURITY FENCING. WCFs WITH SUPPORT STRUCTURES SHALL BE
ENCLOSED BY A SECURllY FENCE NOT LESS THAN SIX FEET (61) IN HEIGHT AND THE SUPPORT
STRUCTURES SHALL BE EQUIPPED WITH AN APPROPRIATE ANTI-CLIMBING DEVICE, UNLESS THE
APPLICANT CAN DEMONSTRATE TO THE PLANNING COMMISSION THAT THE SITE IS ADEQUATELY
SECURED BY OTHER MEASURES. SECURITY FEATURES MAY BE INCORPORATED INTO THE
BUFFER1 LANDSCAPING AND SCREENING REQUIREMENTS FOR THE SITE. NOTHING HEREIN
SHALL PREVENT SECURllY FENDING WHICH IS NECESSARY TO MEET REQUIREMENTS OF STATE
OR FEDERAL AGENCI ES.
G. RADIO FREQUENCY EMISSIONS
I . THE r- I A GIVES THE FCC SOLE JURISDICTION OF THE REGULATION OF RADIO
FREQUENCY (RF) OMISSIONS, AND WCFs WHICH MEET THE FCC STANDARDS SHALL NOT BE
CONDITIONED OR DENIED ON THE BASIS OF RF IMPACTS.
2. IN ORDER TO PROVIDE INFORMATION TO ITS CITIZENS, COPIES OF ONGOING
FCC INFORMATION CONCERNING WCFs AND RF EMISSION STANDARDS SHALL BE MADE
AVAILABLE. ApPLICANTS FOR WCFs SHALL BE REQUIRED TO PROVIDE INFORMATION WITH THE
APPLICATION ON THE PROJECTED POWER DENSllY OF THE FACILllY AND HOW THIS MEETS WITH
FCC STANDARD.
H. STRUCTURAL INTEGRITY
WCFs WITH SUPPORT STRUCTURES SHALL BE CONSTRUCTED TO THE ELECTRONIC
INDUSTRIES ASSOCIATIONrrELECOMMUNICATIONS INDUSTRIES ASSOCIATION (EIArrIA) 222
REViSION F STANDARD ENTITLED "STRUCTURAL STANDARDS FOR STEEL ANTENNAS TOWERS
AND ANTENNA SUPPORTING STRUCTURESu (OR EQUIVALENT), AS IT MAY BE UPDATED OR
AMENDED.
JACKSONVILLE MUNICIPAL CODE ~5.40.040
REVIEW PROCESS
A. GENERAL
THE APPLICABLE DEVELOPMENT STANDARDS REFERRED TO HEREIN ARE THOSE St:.1
FORTH IN 0ACKSONVILLE MUNICIPAL CODE ~5.40.030.
B. PERMII liNG PROCEDURES
I. AIIACHED WCFs
AI IACHED WCFs THAT MEET THE DEVELOPMENT STANDARDS ARE EMil I ED BY RIGHT
THROUGH THE CITY ENGINEER'S OFFICE. AIIACHED WCF APPLICATIONS THAT DO NOT
CONFORM WITH THE DEVELOPMENT STANDARD, AND AIIACHED WCF APPLICATIONS THAT
REQUEST NEW BUILDING CONSTRUCTION, SHALL BE PERMII I ED THROUGH A TOWER USE
PERMIT ITUP) REVIEW.
2. WCFs WITH SUPPORT STRUCTURES
WCFs WITH SUPPORT STRUCTURES THAT MEET THE DEVELOPMENT STANDARDS ARE
PERMIIIED BY ADMINISTRATIVE REVIEW THROUGH THE CITY ENGINEER'S OFFICE. WCFs WITH
SUPPORT STRUCTURES THAT DO NOT CONFORM WITH THE DEVELOPMENT STANDARDS SHALL
BE PERMIIIED THROUGH A TUP REVIEW.
C. WCFS PART OF COORDINATED DEVELOPMENT ApPROVAL
WCFs PROPOSED AS PART OF A RESIDENTIAL OR NONRESIDENTIAL SUBDIVISION,
PLANNED ZONING DISTRICT (PZD), SITE PLAN, CONDITIONAL REZONING, OR OTHER
COORDINATED DEVELOPMENT APPROVAL SHALL BE REVIEWED AND APPROVED THROUGH THOSE
PROCESSES.
D. WCF ON CITY PROPERTY
AIIACHED WCFs WHICH DO NOT REQUIRE NEW BUILDING CONSTRUCTION PROPOSED
TO BE CONSTRUCTED ON PROPERTY OWNED, LEASED OR OTHERWISE CONTROLLED BY THE
~f
ORDINANCE No. 1088 (# 16 - 97)
NOVEMBER 20, 1997
PAGE FIVE
CITY OF ~ACKSONVILLE ARE PERMII I ED BY RIGHT SUBJECT TO LEASE AGREEMENT. WCFs
WITH SUPPORT STRUCTURES AND AIIACHED WCFs WHICH REQUIRE NEW BUILDING
CONSTRUCTION ON CITY PROPERTY ARE PERMII I ED BY ADMINISTRATIVE REVIEW THROUGH THE
CITY ENGINEER'S OFFICE SUBJECT TO LEASE AGREEMENT.
E. WCF FOR TEMPORARY TERM
TEMPORARY WCFs FOR A TERM NOT TO EXCEED NINt:..I'f (90) DAYS ARE PERMII I ED BY
ADMINISTRATIVE REVIEW THROUGH THE PLANNING COMMISSION.
JACKSONVILLE MUNICIPAL CODE 95.40.050
APPROVAL PROCEDURES
A. PERMII I ED BY RIGHT
WHERE A FACILITY IS PERMII I ED BY RIGHT ONLY A BUILDING PERMIT IS REQUIRED.
B. ADMINISTRATIVE REVIEW
I . REVIEW OF WCFs UNDER THIS SECTION SHALL BE CONDUCTED BY THE CITY
ENGINEER'S OFFICE UPON APPLICATION FOR A BUILDING PERMIT.
2. REVIEW CRITERIA. THE CITY ENGINEER' OFFICE SHALL REVIEW THE
APPLICATION FOR COMPLIANCE WITH THE DEVELOPMENT STANDARDS.
3. TIMING OF DECISION. THE CITY ENGINEER'S OFFICE SHALL RENDER A
DECISION ON A COMPLETE BUILDING PERMIT APPLICATION BY WRII I EN RESPONSE TO THE
APPLICANT WITHIN TEN BUSINESS ( I 0) DAYS At' I ER RECEIPT OF THE APPLICATION, EXCEPT
THAT AN EXTENSION MAY BE REQUESTED BY THE CITY ENGINEER'S OFFICE SHOULD
CIRCUMSTANCES DICTATE ITS NECESSITY.
4. IF ADMINISTRATIVE APPROVAL IS NOT OBTAINED, THE APPLICANT SHALL BE
REQUIRED TO OBTAIN A TUP.
C. TOWER USE PERMIT rrup)
I. ApPROVAL BODY. THE BODY THAT SHALL REVIEW AND APPROVE AND HAVE
FINAL AUTHORITY OF TUPs SHALL BE THE PLANNING COMMISSION.
2. ApPLICATION CONTENTS. EACH APPLICANT REQUESTING A TUP UNDER THIS
ARTICLE SHALL SUBMIT A SCALED SITE PLAN CONTAINING A SCALED ELEVATION VIEW AND
OTHER SUPPORTING DRAWINGS, CALCULATIONS AND OTHER DOCUMENTATION SHOWING THE
LOCATION AND DIMENSIONS OF THE WCF AND ALL IMPROVEMENTS ASSOCIATED THEREWITH,
INCLUDING INFORMATION CONCERNING SPECIFICATIONS, ANTENNA LOCATIONS, EQUIPMENT
FACILITY AND SHELTERS, LANDSCAPING, PARKING, ACCESS, FENCING, AND IF RELEVANT AS
DETERMINED BY STAFF, TOPOGRAPHY, ADJACENT USES AND EXISTING VEGI::.IATION.
3. SUBMISSION REQUIREMENTS. ApPLICATION FOR A TUP SHALL BE SUBMII I ED
TO THE CITY ENGINEER'S OFFICE ON FORMS PROVIDED BY STAFF. THE APPLICATION SHALL
BE ACCOMPANIED BY A SITE PLAN CONTAINING THE INFORMATION DESCRIBED ABOVE,
TOGETHER WITH THE APPROPRIATE FEE AS DESCRIBED HEREIN. THE SITE PLAN SHALL BE
FILED FOR REVIEW BY THE PLANNING COMMISSION NOT LATER THAN THE FILING DATE St:..1 BY
CALENDAR.
4. FEE REQUIREMENTS. ApPLICATION FOR A TUP SHALL BE SUBMII I ED WITH A
PAYMENT OF TEN DOLLARS <$ 10.00) PER FOul OVERALL HEIGHT OF WCF UP TO A MAXIMUM
OF ONE THOUSAND Two HUNDRED DOLLARS ($ I ,200.00>'
"
~J.
ORDINANCE No. 1088 (# 16 - 97)
NOVEMBER 20, 1997
PAGE SIX
0ACKSONVILLE MUNICIPAL CODE ~5.40.060 SHARED FACILITIES AND
COLLOCATION POLICY; FACILITATING LOCATION ON PUBLIC PROPEHI Y.
A. COLLOCATION. FCC LICENSED WIRELESS COMMUNICATION PROVIDERS
ARE REQUIRED TO CONSTRUCT AND SITE THEIR WCFs IN ORDER TO SHARE THE FACILITY WITH
OTHER PROVIDERS, TO COLLOCATE WITH OTHER EXISTING WCFs AND TO ACCOMMODATE THE
FUTURE COLLOCATION OF OTHER WCFs, WHERE TECHNICALLY AND PRACTICALLY FEASIBLE.
FCC LICENSED WIRELESS COMMUNICATION PROVIDERS PROPOSING A NEW WCF WITH A
SUPPORT STRUCTURE SHALL DEMONSTRATE THAT IT HAS MADE A REASONABLE AI I EMPT TO
FIND A COLLECTION SITE
ACCEt-'IABLE TO ENGINEERING STANDARDS AND THAT NONE WAS TECHNICALLY OR PRACTICALLY
FEASIBLE.
B. LOCATION ON PUBLIC PROPERTY
THE CllY WILL WORK WITH TELECOMMUNICATION PROVIDERS TO FACILITATE THE SITING
OF WCFs ON CllY OWNED OR CONTROLLED PROPERTY, BY IDENTIFYING EXISTING FACILITIES,
THE APPROPRIATE CONTACT PERSONS, AND THE APPROPRIATE PROCEDURES IN ACCORDANCE
WITH THE TERMS OF THIS ARTICLE.
JACKSONVILLE MUNICIPAL CODE ~5.40.070
NONCONFORMING WCFs
WCFs IN EXISTENCE ON THE DATE OF THE ADOPTION OF THIS ORDINANCE WHICH DO
NOT COMPLY WITH THE REQUIREMENTS OF THIS ORDINANCE (NONCONFORMING WCFs) ARE
SUB~ECT TO THE FOLLOWING PROVISIONS:
A) NONCONFORMING WCFs MAY CONTINUE IN USE FOR THE PURPOSE NOW USED,
BUT MAY NOT BE EXPANDED WITHOUT COMPLYING WITH THE PROVISIONS OF THIS CHAPTER,
EXCEPT AS FURTHER PROVIDED IN THIS SECTION.
B) NONCONFORMING WCFs MAY ADD ADDITIONAL ANTENNA (BELONGING TO THE
SAME PROVIDER OR OTHER PROVIDERS) SUB~ECT TO ADMINISTRATIVE REVIEW UNDER THIS
ARTICLE.
C) NONCONFORMING WCFs WHICH BECOME DAMAGED OR DESTROYED DUE TO ANY
REASON OR CAUSE, MAY BE REPAIRED AND RESTORED TO THEIR FORMER USE, LOCATION, AND
PHYSICAL DIMENSIONS SUB~ECT TO OBTAINING A TUP PERMIT.
SECTION TWO: ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH
ARE HEREBY REPEALED TO THE EXTENT OF SAID CONFLICT.
SECTION THREE: SHOULD ANY PORTION OR PORTIONS OF THIS ORDINANCE BE
DECLARED OR DETERMINED TO BE UNCONSTITUTIONAL OR VOID BY A COURT OF LAW, THEN
SAID DECLARATION SHALL NOT AFFECT THE REMAINING PORTIONS OF THIS ORDINANCE.
SECTION FOUR: THIS ORDINANCE, BEING NECESSARY FOR THE PUBLIC HEALTH,
SAFETY, AND WELFARE OF THE CITIZENS OF 0ACKSONVILLE, REQUIRES IMMEDIATE
EFFECTIVENESS. THUS, AN EMERGENCY IS HEREBY DECLARED, AND THIS ORDINANCE SHALL
BE IN FULL FORCE AND EFFECT FROM AND At' I ER ITS DATE OF PASSAGE AND PUBLICATION AS
PROVIDED BY APPLICABLE LAW.
ORDINANCE No. 1088 (# 16 - 97)
NOVEMBER 20, 1997
PAGE SEVEN
(plJ
APPROVED AND ADOr'1 ED THIS 2f}-Ilt DAY OF NOVEMBER, 1997.
AIIt.~I:
J::1\ ~/ OJ
/ 11 ,-~,~,(; 1 ". '. ~~
/ .--c..~"-." I'~ ,C
c:./LU~M. LEONARD, CITY CLERK
APPROVED AS TO FORM:
~(. '
ROBrl E. BAMBt,~( A ORNEY