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Zoning Code vs. Muni Code for Wireless Telecom Facilities

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Antonia Castro-Graham

We are in the process of acquiring 11,000 streetlights from Southern California Edison and have embarked on creating a variety of smart city solutions through the implementation of wireless and broadband technology. To accomplish this endeavor we are creating a new chapter in our Municipal Code for Telecommunications facilities in the public right of way. Our City Attorney (who is elected) feels that we should just amend our Zoning Code which discusses private property. I am curious to know what other cities have done. Do you dictate time, place, and manner in the Muni Code or in your Zoning Code? Your help is greatly appreciated.


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Kenneth Decker

You might try the Code for Chevy Chase, Maryland, Chapter 26, Article III. It's fairly ubiquitous language. And the city with street paved in gold (Rockville, Maryland) has a document at:

http://www.rockville..

By the way, I disagree with your attorney. The governance of telecommunications and public rights of way is a separate matter from zoning regulations. Far too often legislation gets tucked into the zoning ordinance making it cumbersome and difficult.

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