Loading...
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Communications Act of 1934, as it has been amended from time to time, including the Telecommunications Act of 1996, and shall include future amendments to the Communications Act of 1934.
AFFILIATE. When used in relation to an operator, another person who directly or indirectly owns controls, is owned or controlled by, or is under common ownership or common control with the operator, or an operator’s principal partners, shareholders, or owners of some other ownership interest; and when used in relation to the Advisory Plan Commission, any agency, board, authority or political subdivision affiliated with the Advisory Plan Commission or other person in which the Advisory Plan Commission has legal or financial interest.
ALTERNATIVE TOWER STRUCTURE. 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. (See also STEALTH FACILITY).
ANALOG. Technology replicates and amplifies voice messages as they are carried from the transmitting antenna to the receiving antenna.
ANTENNA. Any exterior apparatus designed for telephonic, radio, or television communications through sending and/or receiving electromagnetic waves.
ANTENNA HEIGHT. The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA SUPPORT STRUCTURE. Any pole, telescoping mast, tower tripod, or any other structure which supports a device used in the transmitting and/or receiving of electromagnetic waves.
APPLICANT. A person who applies for a wireless facility siting. An applicant can be the owner of the property or someone who is representing the owner, such as a builder, developer, optional purchaser, consultant, or architect.
BROADCAST. To transmit information over the airwaves to two or more receiving devices simultaneously. Information can be transmitted over local television or radio stations, satellite systems, or wireless data communications networks.
CELL SITE. A tract or parcel of land that contains a cellular communication antenna, its support structure, accessory building(s) or parking and may include other uses associated with cellular communications transmission.
CELLULAR SERVICE. A telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmission sites called cell sites, either to the public switched network or to other mobile cellular phones.
CELLULAR TELECOMMUNICATIONS. A commercial low power mobile radio service licensed by the Federal Communications Commission (FCC) to providers in a specific geographical area in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within the service area.
CELLULAR TELECOMMUNICATION FACILITY. A facility that consists of the equipment and structures involved in receiving
telecommunication or radio signals from mobile radio communications sources and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
CO-LOCATION. Locating wireless communications equipment from more than one provider on a single site.
COMMON CARRIER. An entity licensed by the FCC or a state agency to supply local and/or long distance telecommunications services to the general public at established and stated prices.
COMMUNICATION TOWER. A guyed, monopole, or self-supporting tower, constructed as a free standing structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication.
COMMUNICATIONS FACILITY. A land use facility supporting antennas and microwave dishes that sends and/or receives radio frequency signals. COMMUNICATIONS FACILITIES include structures or towers and accessory buildings.
COMMUNICATIONS TRANSMISSION SYSTEM or COMMUNICATIONS SYSTEM. A wired communication transmission system, open video system, or wireless communications transmission system regulated by these regulations.
COMPREHENSIVE OR MASTER PLAN. The current adopted plan of the City of Marion Advisory Plan Commission.
C.O.W’s. Cells on wheels. See TEMPORARY WIRELESS COMMUNICATION FACILITY.
DIGITAL TECHNOLOGY. Converts voice and data messages into digits that represent sound intensities at specific points of time and data content.
DIRECTIONAL ANTENNA. An antenna or array of antennas designed to concentrate a radio signal in a particular area.
DISH ANTENNA. A dish-shaped antenna used to link communications sites together by wireless transmission of voice or data. Also called MICROWAVE ANTENNA or MICROWAVE DISH ANTENNA.
ESMR. Enhanced Specialized Mobile Radio.
FAA. Federal Aviation Administration
FCC. Federal Communications Commission.
FREQUENCY. The number of cycles completed each second by a sound wave; measured in hertz (Hz).
GOVERNING AUTHORITY. The governing authority of the City of Marion Advisory Plan Commission.
GRADE. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or, when the property line is more than five feet from the structure, between the structure and a line five feet from the structure.
GUYED TOWER. A communication tower that is supported, in whole or part, by guy wires and ground anchors.
LATTICE TOWER. A guyed or self- supporting three or four sided, open, steel frame structure used to support telecommunications equipment.
LICENSE. The rights and obligations extended by the Advisory Plan Commission to an operator to own, construct, maintain, and operate its system within the City of Marion for the sole purpose of providing services to persons or areas outside the City of Marion.
Mhz. Megahertz or 1,000,000 Hz.
MICRO-CELL. A low power mobile radio service telecommunications facility used to provide increased capacity in high-call demand areas to improve coverage in areas of weak coverage.
MICROWAVE. Electromagnetic radiation with frequencies higher than 1,000 Mhz; highly directional signal used to transmit radio frequencies from point-to-point at a relatively low power level.
MICROWAVE ANTENNA. An antenna manufactured in many sizes and shapes used to link communication sites together by wireless transmission of voice or data.
MONOPOLE TOWER. A communication tower consisting of a single pole constructed without guy wires and ground anchors.
OMNIDIRECTIONAL ANTENNA. An antenna that is equally effective in all directions and whose size varies with the frequency and gain for which it was designed.
OWNER. The owner of the title to real property or the contract purchaser of real property of record, as shown on the latest assessment records in the office of the Assessor. OWNER also includes a deedholder or contract purchaser whose name does not appear in the latest assessment records, but who presents to the municipality a copy of a deed or contract of sale showing date, book, and page of recording.
PERSONAL COMMUNICATIONS SERVICES or PCS. Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. Such mobile technology promises to allow each consumer the same telephone number wherever he or she goes. Also known as PERSONAL COMMUNICATION NETWORK (PCN).
PREEXISTING TOWERS AND ANTENNAS. Any tower or antenna on for which a permit has been issued prior to the effective date of these regulations and is exempt from the requirements of these regulations and is exempt from the requirements of these regulations so long as the tower or antennas are not modified or changed.
PUBLIC PROPERTY. Any real property, easement, air space, or other interest in real estate, including a street, owned by or controlled by the City of Marion Advisory Plan Commission or any other governmental unit.
ROOF AND/OR BUILDING MOUNT FACILITY. A low power mobile radio service telecommunications facility in which antennas are mounted to an existing structure on the roof (including rooftop appurtenances) or building face.
SCENIC VIEW. A view that may be framed, wide angle, or panoramic and may include natural and/or manmade structures and activities. A scenic view may be from a stationary viewpoint or be seen as one travels along a roadway, waterway, or path. A view may be to a far away object, such as a mountain, or of a nearby object.
SELF-SUPPORT TOWER. A communication tower that is constructed without guy wired and ground anchors.
SPECTRUM. The entire frequency range of electromagnetic waves.
STEALTH FACILITY. Any communication facility which is designed to blend into the surrounding environment. Examples of STEALTH FACILITIES may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and antenna structures designed to look like light poles. (See also ALTERNATIVE TOWER STRUCTURE).
SYSTEM. The communications transmission system operated by a service provider in the jurisdiction of the City of Marion Advisory Plan Commission.
TELECOMMUNICATIONS. The transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
TEMPORARY WIRELESS COMMUNICATION FACILITY. Any tower, pole, antenna and the like designed for use while a permanent wireless facility is under construction or for a special event or conference where a majority of people attending are wireless users.
TOWER. Any 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 and alternative tower structures.
WIRELESS COMMUNICATION FACILITY. An all-encompassing definition; any towers, poles, antennas, or other structures intended for use in connection with transmission or receipt of radio or television signals or any other spectrum- based transmissions/receptions.
WHIP ANTENNA. An antenna that transmits signals in 360 degrees. WHIP ANTENNAS are typically cylindrical in shape and are less than six inches in diameter and measure up to 18 feet in height. Also are called OMNIDIRECTIONAL, STICK, OR PIPE ANTENNAS.
VIEW CORRIDOR. A three-dimensional area extending out from a viewpoint. The width of the view corridor is a three-dimensional area extending out from a viewpoint. The width of the view corridor depends in the focus of the view. The focus of the view may be a single object, such as a mountain, which would result in a narrow corridor, or a group of objects, such as a downtown skyline, which would result in a wide corridor. Panoramic views have very wide corridors and may include a 360-degree perspective. Although the view corridor extends from the viewpoint to the focus of the view, the mapped portion of the corridor extends from the viewpoint and is based on the area where base zone heights must be limited in order to protect the view.
(Ord. passed - -)
(A) The enforcement of these regulations shall be the responsibility of the Advisory Plan Commission.
(B) The Advisory Plan Commission reserves the right to hire a private technical consultant to review individual applications for wireless facilities at the cost of the applicant.
(Ord. passed - -)
APPLICATION PROCEDURE AND APPROVAL PROCESS
In addition to the information required elsewhere in the City of Marion Advisory Zoning Ordinance, development applications and approval for wireless communications facilities shall include the following supplemental information:
(A) A report from a qualified and licensed professional engineer which:
(1) Describes the tower height and design, including a cross section, latitude, longitude, and elevation;
(2) Documents the height above grade for all potential mounting positions for co- located antennas and the minimum separation distance between antennas;
(3) Describes the tower’s capacity, including the number and type of antennas it can accommodate;
(4) Documents what steps the applicant will take to avoid interference with established public safety telecommunications;
(5) Includes an engineer’s stamp and registration number; and
(6) Includes other information necessary to evaluate the request.
(B) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the conditions for shared use.
(C) Before the issuance of a building permit, the following supplemental information shall be submitted:
(1) A copy of the FAA’s response to the submitted “Notice of Proposed Construction or Alteration” (FAA Form 7460-1) shall be submitted to the Advisory Plan Commission;
(2) Proof of compliance with applicable FCC regulations; and
(3) A report from a qualified and licensed professional engineer which demonstrated the tower’s compliance with structural and electrical standards.
(D) At the time of the first annual declaration of operation (§ 116.47), the applicant shall provide the Advisory Plan Commission office with an as-built survey from a registered land surveyor verifying the coordinated, height, and site plan of the wireless facility.
(Ord. passed - -)
In addition to the site plan requirements found in the City of Marion Advisory Zoning Ordinance, site plans for wireless communications facilities shall include the following supplemental information:
(A) Location and approximate size and height of all buildings and structures within 500 feet adjacent to the proposed wireless communication facility;
(B) Site plan of the entire development, indicating all improvements, including landscaping and screening;
(C) Elevations showing all facades, indicating exterior materials and color of the tower(s) on the proposed site;
(D) Plans shall be drawn at the scale of one inch equals 50 feet.
(Ord. passed - -)
Generally, approval of a wireless communications facility can be achieved if the following items are met:
(A) The location of the proposed tower is compatible with the City of Marion Master Plan and Advisory Zoning Ordinance;
(B) All efforts to locate on an existing tower have not been successful or legally/physically possible;
(C) The submitted site plan complies with the performance criteria set in these regulations;
(D) The proposed facility/tower will not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district, or major view corridor;
(E) The lowest six feet of the facility/tower is visually screened by trees, large shrubs, solid walls or fences and/or nearby buildings;
(F) The height and mass of the facility/tower does not exceed that which is essential for its intended use and public safety;
(G) The owner of the wireless communication facility has agreed to permit other persons/cellular providers to attach cellular antenna or other communications apparatus that do not interfere with the primary purpose of the facility;
(H) There exists no other existing facility/tower that can reasonably serve the needs of the owner of the proposed new facility/tower;
(I) The proposed facility/tower is not constructed in such a manner as to result in needless height, mass and guy-wire supports;
(J) The color of the proposed facility/tower will be of a light tone or color (except where required otherwise by the FAA) as to minimize the visual impact and that the tower will have a security fence around the tower base or the lot where the tower is located;
(K) The facility/tower is in compliance with any other applicable local, state or federal regulations.
(Ord. passed - -)
Loading...