§ 12.1. Findings and statement of intent.

1.

Atmore is a small city, rich in natural and historic resources. The comprehensive plan, which was adopted in 2010, identifies the preservation of these resources as a key element in fostering small-town family values, in promoting thoughtful development, and enhancing the quality of life for each resident. Facilitating the development of wireless telecommunication facilities can further these goals, but only if the negative impact of these facilities are minimized, and where possible, eliminated. The purpose of this article is to insure that the development of wireless facilities within the city is consistent with the comprehensive plan, and to protect the public health safety and welfare from the adverse impacts of these facilities. This article will:

(a)

Establish application and approval procedures for facilities.

(b)

Provide for an expedited administrative process for minor changes to certain eligible facilities, as defined herein.

(c)

Protect residential areas from the adverse impacts of facilities that are not compatible with the surrounding land uses.

(d)

Require site sharing of facilities and their associated on-ground components.

(e)

Provide reasonable design, landscaping and construction standards that will minimize adverse visual impact of facilities and ensure that such facilities are soundly constructed, maintained and removed when no longer used or determined to be structurally unsound.

2.

The Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996, recognizes and preserves the city's police power and general regulatory authority over the placement, construction and modification of wireless telecommunications facilities, subject to the following:

(a)

The regulations may not unreasonably discriminate among providers of functionally equivalent services.

(b)

The regulations may not prohibit, or have the effect of prohibiting, the provision of personal wireless services.

(c)

Decisions on applications to construct or modify a wireless facility must be acted upon within a reasonable period of time.

(d)

The city may not regulate facilities on the basis of environmental effects of radio frequency emissions, but may require facilities to comply with FCC standards.

(e)

The decision to deny an application must be in writing and supported by substantial evidence contained in a written record.

(Ord. No. 05-2013, 5-13-2013)