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TOWN OF FOUNTAIN HILLS

Fountain Hills P&Z has wireless ordinance on agenda

Meeting Monday, March 11, for discussion

Posted 3/9/24

The Planning and Zoning Commission for the Town of Fountain Hills will discuss proposed changes to the Zoning Ordinance related to the regulation of wireless communications installations in town.

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TOWN OF FOUNTAIN HILLS

Fountain Hills P&Z has wireless ordinance on agenda

Meeting Monday, March 11, for discussion

Posted

The Planning and Zoning Commission for the Town of Fountain Hills will discuss proposed changes to the Zoning Ordinance related to the regulation of wireless communications installations in town.

The commissioners will be reviewing the proposed new requirements by staff for input and discussion during this meeting. The item has not been proposed for action, as a public hearing is scheduled for the commission’s April 8 meeting, according to Development Services Director John Wesley.

Existing federal and state laws generally preempt the ability of local jurisdictions to regulate communications installations. Citizens’ concerns over radio frequency radiation as a health hazard led to a proposal to require broadband applications be placed underground as fiber optic cable.

Wesley said he has prepared the ordinance based on council direction. “Based on the direction received, the draft ordinance modifications address towers and antennas, not what ‘G’ it is or whether the antennas are used for broadband or not.”

The regulations address all types of towers and antennas used to transmit voice or data, or both. Wesley said his objectives include updating to address all uses of wireless technology, clearly address application to non-personal wireless communication facilities, update to comply with latest rulings related to modifications, clearly describe tolling of “shot clocks” (time limits related to application review, address ongoing regulation of RF radiation.

Wesley said he has based his draft of the regulations on a review of the existing ordinance, concerns expressed by citizens, ordinances from other communities and a draft ordinance submitted by a previously retained consultant.

“The … draft ordinance is a compilation of recommended changes based on each of these sources,” Wesley said.

The Planning and Zoning Commission meets Monday, March 11, at 6 p.m. in council chambers at Town Hall. The session is open to the public.

The public can review the proposed ordinance by visiting the Town of Fountain Hills website, fountainhillsaz.gov/agenda.