1144.01 PURPOSE. DEFINITIONS AND EFFECT.
(a) Purpose. It is the purpose of the regulations contained in this chapter entitled "Wireless and Cellular Telecommunications Towers and Facilities", to:
(1) Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while regulating their location and number in the City;
(2) Minimize adverse visual effects of communications towers and support structures through proper siting, design and screening;
(3) Avoid potential damage to adjacent properties from communications towers and support structure failure; and
(4) Encourage the joint use of tall structures and any new and existing communications towers and support structures to reduce the number of such structures needed in the future.
(b) Definitions. As used in this chapter, the following terms shall have the meanings indicated:
(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 or television communications through the sending, relaying and/or receiving of electromagnetic waves; including but not limited to directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips.
(3) "Clear and convincing evidence" means the measure of proof which will produce a firm belief as to the allegation sought to be established.
(4) "Co-location" means the process of providing space for more than one user on a tower or facility.
(5) "Cellular or wireless communications support structure" means any building or structure, including equipment shelter, guy wire anchors, accessory to but necessary for the proper functioning of the cellular or wireless communications antenna or tower.
(6) "Height", when referring to a tower or other structure, means the distance measured from ground level to the highest point on the tower or other structure even if said highest point is an antenna.
(7) "Wireless and cellular telecommunication equipment" means antennas and satellite dishes, etc. which are used for transmitting, receiving or relaying communications signals, except as such equipment has been preempted from regulation by the Telecommunications Act of 1996.
(8) "Tower" means any freestanding structure that is designed and constructed primarily for the purpose of supporting 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 towers, and alternative tower structures.
(9) "Wireless and cellular telecommunication facilities" means any cable, wires, lines, wave guides, support structure, antennas and any other equipment or facilities associated with the transmission or reception of communications, as authorized by the Federal Communication Commission. However, the term "wireless telecommunications facilities" shall not include:
A. Any satellite earth station antenna two meters in diameter or less which are located in an area zoned industrial or which is granted approval as a conditional use.
B. Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.
C. Antennas used by amateur radio operators are excluded from this definition.
(10) "Personal wireless services" means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular services.
(11) "Cellular communication services" means personal communications accessed by means of cellular equipment and services.
(12) "Tall structures" means any structure or building, including but not limited to, smoke stacks, water towers, buildings over forty-five feet in height, antenna support structures of other cellular or wireless communication companies, and other communication towers.
(c) Effect on Other Zoning Regulations. The provisions of any other zoning regulation of these Codified Ordinances notwithstanding, the provisions of this chapter shall apply to all wireless and cellular telecommunications towers and facilities and shall supercede any contrary zoning regulation, including, but not limited to, zoning regulations related to essential services, public utilities and height restrictions, modifications and exceptions.
(Ord. 75-97. Passed 6-5-97.)