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ORDINANCE NO. 1264 SERIES 1997 AN ORDINANCE AMENDING TITLE 17 OF THE LOUISVILLE MUNICIPAL CODE AND ADDING A NEW CHAPTER 17.42 TO REGULATE THE PLACEMENT, CONSTRUCTION AND MODIFICATION OF COMMERCIAL MOBILE RADIO SERVICES AND COMMERCIAL SATELLITE DISH ANTENNAE WITIDN THE CITY OF LOUISVILLE , AND TO MAKE OTHER AMENDMENTS TO TITLE 17 IN CONNECTION THEREWITH. WHEREAS, Section 704 of the Telecommunications Act of 1996 provides that units of local government may, pursuant to their inherent zoning authority, regulate the placement, construction and modification of Commercial Mobile Radio Services (CMRS) provided that the local government may not unreasonably discriminate among providers of functionally equivalent services, or prohibit or have the effect of prohibiting the provision of personal wireless services; and WHEREAS, City Council finds that it is necessary to regulate the location, height, design, and construction of CMRS facilities to ensure compatibility with adjacent land uses, to minimize the negative impacts of such facilities on aesthetics, view corridors, property values, and the general health, safety and welfare, ~md to encourage co-location of CMRS facilities; and WHEREAS, the City has the authority to regulate the placement, screening, construction and modification of Commercial Satellite Dish Antennae in view of the purposes and policies set forth in CRS 31-23-301 et. seq. so long as such regulations are consistent with the Telecommunications Act of 1996 and other federal laws and regulations; and WHEREAS, City Council seeks to establish predictable and fair regulations for the siting and screening of CMRS facilities and Commercial Satellite Dish Antennae in order to reasonably accommodate the growth of this and related industries. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. Title 17 of the Louisville Municipal Code is amended by the addition of a new Chapter 17.42 to read as follows: 1