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December 1, 2009

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Cellular phones in greater demand than cell towers

Tuesday, Feb. 10, 1998 | 10:17 a.m.

As the use of cellular phones has grown by epic proportions in Southern Nevada, so has the need to build transmission towers and antennae poles -- creating a thorny zoning problem for the Clark County Commission.

Clark County has more cellular phone users per capita than any other U.S. city, but people don't want the towers near their homes.

Telecommunications companies meanwhile are scrambling to find new locations as the demand for cellular phone and other wireless communications grows.

A new zoning ordinance that took effect last week lays out where towers can be built and encourages companies to use existing structures while protecting residential areas from unsightly structures.

The ordinance was the result of almost a year of legal research into the 1996 Telecommunications Act and whether it allowed the County Commission to regulate tower location and require co-location of antennae on existing towers.

"The district attorney felt confident we had that ability," said Lesa Coder, assistant director for current planning.

The new code encourages co-location, but doesn't require it.

The ordinance increases the setback from residential areas based on the height and location of the tower.

"We believe that provides more significant protection than the code has in the past for adjacent homeowners," Coder said.

Prior to that the county simply required a use permit for towers, she said.

Under the new code, a tower constructed in a large shopping center must be set back three times its height from the nearest residence. A tower in a smaller commercial center, like a convenience store, must be twice its height from the nearest residence.

The new code also encourages the use of existing structures and asks that companies be more innovative in designing locations by creating "stealth sites" that camouflage the antennae or incorporate it into an existing sign.

The code also encourages the use of public properties, like park sites or public utility poles, for antennae location.

For example, the code requires a 40-foot setback on major streets, unless the tower is being located within a utility substation. Then, the setback is 10 feet.

Anything less than the minimum setback would require a use permit, Coder said.

The new code also creates the administrative design review process that would cut in half the time it takes to get approved, Coder said.

By placing their antennae on an existing tower or structure, she said, applicants could get staff approval and avoid the lengthy hearing process before the County Commission.

"Hopefully we can provide the incentive to do that rather than build their own tower," Coder said.

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