1284.01 Purpose.
1284.02 Definitions.
1284.03 Exemptions
1284.04 Regulation of facility location.
1284.05 Standards for all wireless telecommunication facilities.
1284.06 Standards for special use approval.
1284.07 Maintenance.
1284.08 Abandonment/removal of telecommunication facilities.
1284.09 Procedures.
These regulations are established to provide for the construction and use of wireless telecommunication towers and facilities as permitted uses or special uses, depending on the location in which they are proposed to be located. The purpose of these regulations is to find suitable locations in the City which will balance the competing interests created by the Federal Telecommunication Act of 1996, Pub. L. 104-104, and the interests of the City in regulating wireless telecommunication towers, antennae and related facilities. Specifically, these regulations are intended to permit reasonable development options for wireless telecommunication facilities consistent with the Telecommunications Act of 1996 in a manner which will:
(a) Protect property values.
(b) Provide for orderly and safe development within the City.
(c) Protect the scenic and visual character of the community.
(d) Minimize any adverse affects on the residential properties, parks, open spaces and the non-intensive commercial zoning districts of the City.
(e) Promote co-location of wireless telecommunication facilities in order to decrease the number of towers in the City.
(Ord. 58-01. Passed 5-29-01.)
For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
(a) “Antenna.” Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals.
(b) “Co-location.” The use of a wireless telecommunication facility by more than one wireless telecommunication provider, or by one provider for more than one type of telecommunication technology.
(c) “High tension power line.” A line that carries an electric current at 345kv or greater.
(d) “Lattice tower.” A support structure constructed of vertical metal struts and cross braces, forming a triangular or square structure, which often tapers from the foundation to the top.
(e) “Monopole.” A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(f) “Parabolic antenna”(also known as a satellite dish antenna). An antenna which is bowl-shaped, designed for the reception and or transmission of radio frequency communication signals in a specific directional pattern.
(g) “Personal wireless services.” Any commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by federal law at 47 USC 322(c)(7).
(h) “Provider.” Any corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity or individual that provides wireless service over personal wireless service facilities.
(i) “Technically necessary.” The location of a wireless telecommunication antenna that is needed in order to reasonably serve the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna has been licensed by the Federal Communications Commission to operate without a significant loss of telecommunication capability within the developed areas of the City.
(j) “Telecommunication.” The technology that enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems and includes the term “personal wireless services.”
(k) “Wireless telecommunication antenna.” The physical device through which electromagnetic wireless telecommunication signals authorized by the FCC are transmitted or received. Antennae used by amateur radio operators are excluded from this definition.
(l) “Wireless telecommunication equipment shelter.” The structure or cabinet in which the electronic receiving and relay equipment for the wireless telecommunication facility is housed.
(m) “Wireless telecommunication facility.” Any structure, antenna, tower, or other device which provides radio, television or cable transmission, fixed point microwave, commercial mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio communications (SMR), common carrier wireless exchange phone services, common carrier wireless exchange access services, and personal communications service (PCS) or pager services.
(Ord. 58-01. Passed 5-29-01.)
The following are exempt from the provisions set forth in this chapter:
(a) Antennas as Accessory Use. An antenna that is an accessory use to a residential dwelling unit.
(b) Amateur (ham) Radio Stations. Amateur (ham) radio stations licensed by the Federal Communications Commission (FCC).
(c) Emergency Wireless Telecommunication Facility. Temporary wireless communication facilities for emergency communications by public officials.
(d) Parabolic Antennae (Satellite dishes). Parabolic antennas less than seven feet in diameter, that are an accessory use of the property.
(Ord. 58-01. Passed 5-29-01.)
These regulations establish a hierarchy of acceptable land areas for the location of wireless telecommunication facilities. The City has reviewed possible alternative locations and has determined it is in the public interest to encourage such facilities in the following order of priority.
(a) Permitted Use. A wireless telecommunication facility shall be permitted by right in the following areas, provided such facility complies with these regulations and is approved by the Planning Commission according to the procedures in Chapter 1228 for development plan review. Efforts should be made to locate wireless telecommunication facilities in the order of priority listed below. If a location other than the most preferred location is proposed, the applicant shall demonstrate to the Planning Commission that a technically necessary higher priority location is not available, and that the proposed location is needed to meet the reasonable service requirements of the applicant.
(1) New wireless antennae may co-locate on existing telecommunication towers or on existing structures which have been constructed for other purposes, such as but not limited to water towers, church towers, electric transmission towers, chimneys and cooling towers, provided that the proposed antenna is located on and does not extend more than ten feet above the highest point of the existing structure, except as otherwise regulated in Section 1284.06(e).
(2) In the M-1, M-2 or O-2 districts, provided the wireless tele- communication facility is located a minimum of 300 feet from any residential district.
(3) A wireless telecommunication tower may be located within a recorded electric high tension power line easement, provided that the tower shall not exceed the height of the existing high tension power line towers by more than ten feet, and the wireless telecommunication tower shall be located within 40 feet of such existing electric high tension power line towers.
(b) Locations Requiring Special Use Approval. A wireless telecommunication facility may be permitted as a special use in the following locations with the recommendation of the Planning Commission and the approval of Council according to the procedures set forth in Chapter 1230 and when determined to be in compliance with the standards for approval set forth in Sections 1284.05 and 1284.06. The City has determined it is in the public interest to encourage these facilities in the following order of priority.
(1) In the O-1 and C-4 districts provided that the wireless telecom- munication facility is located a minimum of 300 feet from any residential district.
(2) On City-owned land within Schwartz Road Park, Veteran's Memorial Park, or French Creek Conservation Area, provided that the location is set back a minimum of 300 feet from any abutting property line or street right-of-way.
(Ord. 58-01. Passed 5-29-01; Ord. 29-07. Passed 6-25-07.)
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