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For the purpose of this chapter and other applicable ordinances certain words and terms are defined as follows:
ANTENNA. Any structure or device used for the purpose of collecting or radiating electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.
COMMERCIAL RECEIVING AND/OR TRANSMITTING ANTENNA. Any antenna erected for the commercial use of the information.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICE FACILITY. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking areas, and other accessory development and related equipment.
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed commercial wireless telecommunication services including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized (ESMR), paging, and similar services that are marketed to the general public.
EQUIPMENT BUILDING, SHELTER OR CABINET A building or cabinet used by telecommunication providers to house equipment for a facility.
FALL ZONE. The distance equal to the height of the telecommunication tower or antenna.
LATTICE TOWER. A self-supporting structure, erected on the ground, which consists of metal strips or bars to support antennas and related equipment.
MONOPOLE. A wireless communication facility, which consists of a monopolar structure, erected on the ground to support wireless communication antennas and connecting appurtenances.
PRIVATE RECEIVING AND/OR TRANSMITTING ANTENNA. Any antenna erected for the non-commercial use of the information.
PUBLIC UTILITY. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this subchapter, commercial wireless communication service facilities shall not be considered public utility uses, and are defined separately.
RELATED EQUIPMENT. All equipment ancillary to the transmission and reception of voice and data radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.
STRUCTURE RIDGELINE. The line along the top of a roof or top of a structure, if it has no roof.
TELECOMMUNICATION FACILITY. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking areas, other accessory development and related equipment.
TELECOMMUNICATION FACILITY - CO-LOCATED. A telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.
TELECOMMUNICATION FACILITY - COMMERCIAL. A telecommunication facility that is operated primarily for a business purpose or purposes.
TELECOMMUNICATION FACILITY - MULTIPLE USER. A telecommunication facility comprised of multiple telecommunication towers or buildings supporting one (1) or more antennas owned or used by more than one (1) public or private entity, excluding research and development industries with antennas to serve internal uses only.
TELECOMMUNICATION FACILITY - NON-COMMERCIAL. A telecommunication facility that is operated solely for a non-business purpose.
TELECOMMUNICATION TOWER. Any ground or roof mounted pole, spire, structure, or combination thereof taller than fifteen (15) feet in height, 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. Any pole, wire, structure or combination thereof, including support lines, cables, wires, braces and masts intended primarily for the purpose of mounting antenna or to serve as an antenna.
(Ord. 395, passed 7-6-2010)
The following are exempt from the regulations contained in this subchapter, with the exception that any telecommunication tower or antenna taller than fifteen (15) feet in height shall require the issuance of a building permit prior to installation/construction.
(A) A single round or building mounted receive-only radio or television antenna including any mast, for the sole use of the resident occupying a residential parcel on which the radio or television antenna is located, with an antenna height not exceeding thirty-five (35) feet as measured from grade.
(B) A ground or building mounted citizens band radio antenna including any mast, if the height (post and antenna) does not exceed thirty-five (35) feet as measured from grade.
(C) A citizens band radio antenna, ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, existing at the time of the adoption of this subchapter.
(D) A ground or building mounted receive only radio or television satellite dish antenna (TVRO) provided the dish is not located in the front yard of the parcel in which it is located and provided the height of the dish does not exceed three (3) feet above the height of the ridgeline of the primary structure on the parcel.
(E) A ground or building mounted digital satellite link panel for high speed internet usage provided that the device is not located in the front yard of the parcel in which it is located and provided the height of the dish does not exceed three (3) feet above the height of the ridgeline of the primary structure on the parcel.
(F) City owned and operated towers supporting receive and/or transmit antennas, including supporting structures, for all public safety and service purposes, existing at the time of the adoption of this subchapter.
(Ord. 395, passed 7-6-2010)
(A) In accordance with the Federal Communications Commission’s preemptive ruling PRB 1, towers erected for the primary purpose of supporting amateur radio antennas may exceed thirty-five (35) feet in height within residential zoning districts. Such towers are subject to the site plan review process prior to installation. It shall be the responsibility of the applicant to provide the technical information necessary to demonstrate that the proposed height is necessary to successfully engage in effective amateur radio communications at the proposed location. Towers which exceed thirty-five (35) feet in height when fully extended but are collapsible to thirty-five (35) feet or less in height are exempt from the site plan review process.
(B) Towers supporting amateur radio antennas in residential zoning districts and conforming to all applicable provisions of this subchapter shall be allowed in the front, rear or side yards; however, the fall zone must not overlay on any primary residential structure of an abutting property or public right-of-way.
(A) Towers and antennas shall be regulated and permitted pursuant to this subchapter and shall not be regulated or permitted as essential service structures, public utilities or private utilities.
(B) No new or existing telecommunications service shall interfere with public safety telecommunications, or private telecommunications, including but not limited to, radio, television and personal communications, in accordance with rules and regulations of the Federal Communications Commission.
(C) Towers shall not encroach upon any easements.
(D) No commercial messages shall be placed on towers or antennas. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited, except for one (1) identification sign not exceeding six (6) square feet in area.
(E) Towers and antennas shall be installed according to manufacturer’s specifications.
(Ord. 395, passed 7-6-2010)
(A) The city will allow telecommunication towers and antennas on city-owned land, areas zoned Central Business (B-1), General Business (B-2), Limited Industrial (I-1), and General Industrial (I-2) with a conditional use permit and a site plan. Towers in these locations will be allowed in the rear and side yards only.
(B) In residential zoning districts, the city will allow commercial telecommunication towers taller than thirty-five (35) feet in height with a conditional use permit and site plan only if all other options are exhausted. No variance on setbacks is allowed in these districts and the towers shall only be allowed in rear and side yards.
(Ord. 395, passed 7-6-2010)
Towers shall meet the setback requirements for principle structures of the underlying zoning district. Setbacks equal to the height of the tower shall be established on sites that are adjacent to churches, schools, gas stations, and residential districts. Associated equipment must meet all applicable zoning setbacks.
(Ord. 395, passed 7-6-2010)
Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures to illuminate ball fields, parking lots, or similar areas may be attached to the tower.
(Ord. 395, passed 7-6-2010)
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