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Proposal limits cellphone tower zoning restrictions

Proposal limits cellphone tower zoning restrictions

By: Dan Shaw, [email protected]//May 9, 2013//

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The authority of counties and cities to place zoning restrictions on and similar structures would be limited under a motion the state’s Joint Finance Committee approved Thursday.

The proposal, passed by the Republican-controlled committee on a 12-4 party-line vote, would establish a standard system for approving the attachment of mobile-service devices to towers that are already standing and, at times, override local zoning ordinances. It would require that cities or counties approve or deny applications for the placement of mobile-service devices within a number of days of receiving the applications. For towers that need to be modified, the deadline would be 90 days; for those that don’t, it would be 45 days.

If cities or counties decide to deny an application, they would have to provide applicants with evidence supporting their decision. Alternatively, if they did not make a decision within the deadline, the applications would be approved.

The motion would also require that any city or county ordinance meant to regulate the location of new mobile-device towers have a clear purpose related to protecting public health or safe, and that any decision a city or county makes to deny tower projects be expressed in writing.

Democrats on the committee argued the proposal is a policy matter and should not be considered in the budget. For the motion to become law, it still must be passed by the Assembly and the Senate and signed by the governor.

— Dan Shaw

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