(a) Purpose. The purpose of this chapter is to regulate the placement, construction and modification of wireless communications facilities and their support structures in order to promote and protect the public health, safety, morals, comfort, prosperity and general welfare, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications market place in the City. Specifically, the purposes of this chapter are:
(1) To direct the location of various types of towers and wireless telecommunications facilities into appropriate areas of the City.
(2) To protect residential areas and land uses from potential adverse impacts of towers and wireless telecommunications facilities.
(3) To minimize adverse visual impacts of towers and wireless telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.
(4) To promote and encourage share use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers.
(5) To avoid potential damages to adjacent properties caused by towers and wireless telecommunications facilities by ensuring that such structures are soundly designed, constructed and modified, are appropriately maintained, and are fully removed upon any cessation of operation.
(6) To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are compatible with surrounding land uses.
(7) To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are designed in harmony with natural settings and in a manner consistent with current development patterns.
(b) Definitions.
(1) “Alternative tower structure” means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
(2) “Antenna” means any exterior apparatus designed for telephonic, radio and television communications through the sending and/or receiving of electromagnetic waves, excluding motor vehicle antenna.
(3) “City” means the City of Ashland.
(4) “FAA” means the Federal Aviation Administration.
(5) “FCC” means the Federal Communications Commission.
(7) “Height” means, when referring to a tower or other structure, the distance from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.
(8) “Personal wireless services” means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular services.
(9) “Site” means a tract, lot or parcel of land that contains the cellular or wireless communications tower, antenna, support structure(s), parking and any other uses associated with and ancillary to cellular or wireless communications transmission.
(10) “Support structure” means any building or structure accessory to, but necessary for telecommunication.
(11) “Telecommunications facilities” means the towers, antenna, alternate tower structures, support structures, cables, wires and other equipment necessary for telecommunication.
(12) “Tower” means any structure that is designed and constructed primarily for the purpose of support one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone tower, alternative tower structures, and the like.
(Ord. 24-99. Passed 3-2-99.)