(A) Purpose. It is the purpose of the regulations contained in this subchapter 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 village;
(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. For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE TOWER STRUCTURE. Simulated trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA. 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.
CELLULAR COMMUNICATIONS SERVICES. Personal communications accessed by means of cellular equipment services.
CLEAR AND CONVINCING EVIDENCE. The measure of proof which will produce a firm belief as to the assertion sought to be established.
CO-LOCATION. The process of providing space for more than one user on a tower or facility.
CELLULAR OR WIRELESS COMMUNICATIONS SUPPORT STRUCTURE. Any building or structure, including equipment shelter, guy wire anchors, accessory to and necessary for the proper functioning of the cellular or wireless communications antenna or tower.
HEIGHT. When referring to a tower or other structure, is the distance measured from ground level to the highest point on the tower or other structure even if the highest point is an antenna.
PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, including cellular services.
TALL STRUCTURES. Any structure or building, including, but not limited to, smoke stacks, water towers, buildings over 45 feet in height, antenna support structures of other cellular or wireless communication companies, and other communication towers.
TOWER. Any free-standing 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, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, monopoles, and alternative tower structures.
WIRELESS AND CELLULAR TELECOMMUNICATION EQUIPMENT. Antennas and satellite dishes and the like, which are used for transmitting, receiving, or relaying communications signals, except as regulation of such equipment has been preempted by the Telecommunications Act of 1996, being Pub. Law No. 104-104, which amended various sections of U.S.C. Titles 15, 18, and 47.
WIRELESS AND CELLULAR TELECOMMUNICATIONS FACILITIES. 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 Communications Commission. However, the term WIRELESS TELECOMMUNICATIONS FACILITIES shall not include:
(a) Any satellite earth station antenna four feet or less in diameter, regardless of zoning category subject to this subchapter; and
(b) Antennas used by amateur radio operators are excluded from this definition.
(C) Effect on other zoning regulations. The provision of any other zoning regulation of these codified ordinances notwithstanding, the provisions of this subchapter shall apply to all wireless and cellular telecommunications towers and facilities and shall supersede any contrary zoning regulation, including, but not limited to, zoning regulations related to essential services, public utilities, and height restrictions, modifications, and exceptions.
(Prior Code, § 1286.01) (Ord. 2002-11, passed 11-25-2002)