1159.01 Purpose.
1159.02 Definitions.
1159.03 Applicability.
1159.04 Use regulations.
1159.06 Exemption of certain City property.
CROSS REFERENCES
Landscaping and screening - see P.& Z. Ch. 1141
Conditional use - see P.& Z. Ch. 1161
Conditional use permit - see P.& Z. 1173.02
Fees - see P.& Z. 1173.06
Federal Telecommunications Act of 1996
Federal law at 47 U.S.C. §332(c)(7)
These regulations are established to provide for the construction and use of wireless telecommunication facilities in the
City. The regulations allow wireless telecommunication facilities as a permitted use, conditional use, or accessory use depending upon the specific land areas of the City in which, and circumstances under which, they are proposed to be located. The purpose of these regulations is to balance the competing interests created by the Federal Telecommunications Act of 1996 (Public Law 104-104, codified at 47 U.S.C. §§ 151 et seq.) and the interests of the City in regulating wireless telecommunication facilities for the following reasons:
(a) To provide for orderly development within the
City;
(b) To protect property values;
(c) To maintain the aesthetic appearance of the
City, including, but not limited to, its unique residential character, unobstructed open spaces and attractive commercial, office, and industrial areas;
(d) To protect residential properties, parks, open spaces and the nonintensive commercial zoning districts which are characteristic of the
City from the adverse effects of towers and related facilities;
(e) To promote collocation of wireless telecommunications facilities in order to decrease the total number of towers in the
City;
(f) To provide for and protect the health, safety and general welfare of the residents and visitors of the
City; and
(g) To maintain, where possible, the integrity of the existing zoning regulations contained in the
Code.
The regulations establish a hierarchy of acceptable land areas for the location of wireless telecommunication facilities through the establishment of such use as a permitted use in certain zoning districts, as a conditional use in certain zoning districts, or as a permitted accessory use for erection of antennas only, which determination is dependent upon the location and characteristics of such land areas.
(Ord. 3-98. Passed 5-18-1998.)
(a) COLLOCATION means the use of a wireless telecommunications facility by more than one (1) wireless telecommunications provider.
(b) LATTICE TOWER means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure, which tapers from the foundation.
(c) MONOPOLE means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(d) PERSONAL WIRELESS SERVICES means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by federal law at 47 U.S.C. §332(c)(7).
(e) TECHNICALLY SUITABLE means the location of a wireless telecommunication antenna(s) reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna(s) has been licensed by the Federal Communications Commission (FCC) to operate without a significant loss of communication capability within developed areas of the City.
(f) TELECOMMUNICATION(S) means the technology that enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or magnetic systems and includes the term “Personal Wireless Services.”
(g) WIRELESS TELECOMMUNICATION ANTENNA or ANTENNA ARRAY means the physical device or an array of elements constituting a physical device through which electromagnetic, wireless telecommunications signals authorized by the FCC are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
(h) WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER or EQUIPMENT SHELTER means the structure or cabinet in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(i) WIRELESS TELECOMMUNICATION FACILITY or FACILITY means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer, which connects the mobile unit with the land-based telephone lines for the provision of “Personal Wireless Services.”
(j) WIRELESS TELECOMMUNICATION TOWER or TOWER means a structure, other than a building, that elevates the wireless telecommunication antenna and may include accessory transmission and receiving equipment.
(Ord. 3-98. Passed 5-18-1998.)
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