Section
155.01 Title
155.02 Purpose and scope
155.03 Definitions
155.04 Collocation requirements
155.05 Tower construction requirements
155.06 Tower and antenna design requirements
155.07 Tower setbacks
155.08 Tower height
155.09 Tower lighting
155.10 Fencing for towers
155.11 Signs and advertising
155.12 Accessory utility buildings
155.13 Abandoned or unused towers or portions of towers
155.14 Interference with public safety telecommunications
155.15 Application materials
155.16 Conflict
The primary intent of this chapter is to regulate telecommunications towers and equipment to be located within the city. Therefore, the purpose of this chapter shall be to:
(A) Comply with all federal and state regulations regarding the placement, use, and maintenance of telecommunications towers and equipment;
(B) Encourage the continued improvement of wireless telecommunications service in the city;
(C) Minimize, to the extent permitted by law, the proliferation of unsightly towers and equipment throughout the city;
(D) Promote both property maintenance and the renovation of telecommunications equipment;
(E) Encourage the collocation of telecommunications towers by multiple providers so as to reduce the number of towers needed within the city;
(F) Ensure that these regulations are compatible with the zoning regulations;
(G) Recognize the commercial communication requirements of all sectors of the business and residential community.
(Ord. 2023-9, passed 9-13-2023)
The following words, terms and phrases, when used in this chapter, shall have meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ANTENNA. Any structure or device, not exceeding 15 feet in height, that is used for the collection or transmission of electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.
ATTACHED WIRELESS COMMUNICATION FACILITY (ATTACHED WCF). An antenna attached to an existing building or structure, which shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device that attaches the antenna to the existing building or structure and associated connection cables, and an accessory building that may be located either inside or outside of the attachment structure.
COLLOCATION or SITE SHARING. Use of a common WCF or common site by two or more wireless license holders, or by one wireless license holder for more than one type of communications technology, and/or placement of a WCF on a structure owned or operated by a utility or other public entity.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services, that are marketed to the general public.
PUBLIC PROPERTY. A site or property owned or controlled by the city, Midland Community Unit School District #7, the Lacon Public Library District, the Lacon-Sparland Fire Protection District, Lacon Township, Hopewell Township, or any property owned by a public body.
SUPPORT STRUCTURE. A structure designed and constructed specifically to support an antenna, and may include a monopole, self-supporting (lattice) tower, guy-wire-support tower and other similar structures. Any device used to attach an attached WCF to an existing building or structure shall be excluded from this definition.
TOWER. Any ground- or roof-mounted pole, spire, antenna, structure, or combination thereof, taller than 15 feet, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.
TOWER, MULTI-USER. A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.
TOWER, SINGLE-USER. A tower to which is attached only the antennas of a single-user, although the tower may be designed to accommodate the antennas of multiple users as required in this chapter.
WIRELESS COMMUNICATION. Any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may be developed in the future.
WIRELESS COMMUNICATION FACILITY (WCF). Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of antenna connection cables, an accessory building, and a support structure to achieve the necessary elevation.
(Ord. 2023-9, passed 9-13-2023)
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