City Council OKs More Sites For Cell Towers

NEW PORT RICHEY - It began as a discussion between city council members on limiting telecommunications towers within the city, but it ended up doing the exact opposite.

The city council Tuesday night approved the first reading of an ordinance that will permit the installation of cellular phone towers on most local government and public properties.

It passed 4-1. Councilwoman Marilynn deChant cast the dissenting vote.

But the changes to the city's regulations on telecom towers are a clear departure from a previous proposal that would have banned antennas from most commercial properties.

Last year, a telecom company approached city officials with a lucrative request to install a new tower on city-owned property. But the city's land development code prohibited the tower from being built on public property, and the negotiations eventually broke down.

Council members sought to change that, but also wanted to prevent rows of unsightly towers from being erected throughout this heavily populated west Pasco County city.

Total Ban Is Prohibited By Law

While the city's charter prohibits cell towers in the downtown and in residential areas, they were allowed on dozens of commercially zoned sites, known as C-1 and C-2.

A total ban wouldn't work; it's prohibited under the Federal Communications Act of 1996.

So, four months ago, the council proposed changes in the city's code prohibiting towers from commercial areas, while allowing them on city-owned tracts and in light industrial zones.

But that presented them with a big problem. By doing so, they would be taking away the rights of commercial property owners to rent their land to telecommunications carriers for towers, and collect the substantial revenue.

A few weeks later, the idea was tabled.

The new proposal strikes a compromise: giving the city government a piece of the action while maintaining the ability of property owners to get a slice of the pie for themselves.

"We're going to be looking at a couple of tight fiscal years coming up," Councilman Rob Marlowe said. "And if someone were to approach the city with a cartload of money to put a tower up at the new public works site, I think we ought to give it some consideration."

City Planner Lisa Fierce said the changes aren't a green light for more towers.

"Just because it will be allowed in a commercial and government-zoned district doesn't mean it will be sited properly," she said. "We have specific regulations about how far it has to be set back behind the property line and what type of buffering it will require."

The new ordinance, which must be approved with a second council vote, will also add private ham radio operators to the list of exempted uses under the city's regulations.

Councilwoman deChant voted against the changes to the land code, saying she has concerns about the potential negative health effects from telecommunication tower emissions.

"I realize the science isn't in on this," she said Tuesday, "but I still have concerns."

The council was treading on delicate ground with the new regulations.

Service Providers Look To Expand

Federal laws prohibit local governments from preventing the installation of cell towers in municipalities where dead cell zones exist, so the city technically cannot ban a tower.

Most attempts to ban towers have resulted in litigation from service providers, and courts have been reluctant to allow them unless the communities demonstrate a hardship.

Many service providers are looking to expand their services with better reception and new services, such as video and e-mail, which require more towers and antennas.

In 2006, there were more than 1.79 million cell towers nationwide, according to industry figures. For the past four years, more than 15,000 towers have been installed annually.

Currently, there are only two cell phone towers within the city limits. One is on a piece of commercial property off Voorhees Road; the other is west of U.S. 19 on Palmetto Road.