(a)

Statement of purpose. The general purpose of this Article XI ("article") is to regulate the placement, construction, and modification of telecommunications wireless communications facilities to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City of Moberly. Specifically, this article is intended to:

(1)

Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the city;

(2)

Minimize adverse visual impacts of wireless communications facilities through careful design, siting, landscape screening, and innovative camouflaging techniques that provide predictability for nearby property owners and others that future uses will not materially alter such approved aesthetic protections without zoning hearing procedures and input from interested parties;

(3)

Ensure that any new wireless communications facilities are located in an area compatible with the neighborhood or surrounding community to the extent possible; and

(4)

Ensure that regulation of wireless communications facilities does not have the effect of prohibiting the provision of personal wireless services and does not unreasonably discriminate among functionally equivalent providers of such service and promotes the provision and availability of communication services within the city.

(b)

Applicability; preemption. Notwithstanding any ordinance to the contrary, the procedures set forth in this article shall be applicable to all wireless communications facilities existing or installed, built or modified after the effective date of this article to the fullest extent permitted by law. No provision of this article shall apply to any circumstance in which such application shall be unlawful under superseding federal or state law and furthermore, if any section, subsection, sentence, clause, phrase, or portion of this article is now or in the future superseded or preempted by state or federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law.

(Ord. No. 9504, § 1(Exh. A), 3-18-2019)