TITLE 13
WIRELESS TELECOMMUNICATIONS TOWERS

CHAPTER 1
WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS

SECTION:

13-1-1: Purpose

13-1-2: Relationship To Zoning Ordinance

13-1-3: Definitions

13-1-4: Applicability

13-1-5: General Requirements

13-1-6: Permitted Uses

13-1-7: Administratively Approved Uses

13-1-8: Special Use Permits

13-1-9: Buildings Or Other Equipment Storage

13-1-10: Removal Of Abandoned Antennas And Towers

13-1-11: Nonconforming Uses

13-1-12: Special Procedures For Special Use Determinations

13-1-13: Severability

13-1-1: PURPOSE:

The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this chapter are to: a) protect residential areas and land uses from potential adverse impacts of towers and antennas; b) encourage the location of towers in nonresidential areas; c) minimize the total number of towers throughout the community; d) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single use towers; e) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; f) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; g) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; h) consider the public health and safety of communication towers; and i) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the village of Pawnee shall give due consideration to its comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. (Ord. 02-02, 2-11-2002)

13-1-2: RELATIONSHIP TO ZONING ORDINANCE:

This chapter is closely related to and shall be interpreted together with zoning, title 9, of this code. All terms contained in this chapter shall have the same meanings as when used in title 9 of this code, unless the context clearly indicates otherwise. However, in the event of any conflict between this chapter and title 9 of this code, this chapter shall control. (Ord. 02-02, 2-11-2002)

13-1-3: DEFINITIONS:

As used in this chapter, the following terms shall have the meanings set forth below:

ALTERNATIVE TOWER STRUCTURE: Manmade 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 transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

BACKHAUL NETWORK: The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA: The federal aviation administration.

FCC: The federal communications commission.

HEIGHT: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS: Any tower or antenna for which a building permit or conditional permitted use permit has been properly issued prior to the effective date hereof, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self- supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

VILLAGE: The village of Pawnee.

ZONING TITLE: Title 9 of this code. (Ord. 02-02, 2-11-2002)