RULE 034.00.00-002 - Wireless Communication Facilities

RULE 034.00.00-002. Wireless Communication Facilities

Free standing, detached wireless communication facilities (WCF) consisting of, but not limited to, omni directional antennas (rods), directional antennas (panels), and parabolic antennas (disks) supported by monopoles, towers, self-supporting (lattice) or guywire supported towers, or other similar structures are inappropriate installations in both the Governor's Mansion and Capitol areas.

Wireless Communication Facility (WCF) means any unstaffed facility for the transmission or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve necessary elevation.

Wireless Communications means any personal wireless service 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 in the future be developed.

Attached Wireless Communications Facilities associated with a broadcasting or recording studio (including radio and/or television), medical facility, emergency facility or religious institution may be considered on a case by case basis in Capitol Zones AL A2, B, C and D provided the antenna array does not interfere with sightlines to the state capitol building. Attached WCF associated with the above listed institutions/facilities may also be considered on a case by case basis in Mansion Zones M (if associated with a historic commercial building only), N and O as a Conditional Use. In all instances, stealth technology must be employed to conceal, camouflage and minimize the antenna arrays associated with the facility or institution. Height, setback, appurtenance, design, land use and landscape requirements as specified in the Capitol Zoning District Ordinance, General Standards, and Design Guidelines must be followed at all times.

Attached Wireless Communications Facility means an antenna array attached to an existing building, structure or associated new construction with any accompanying pole or device that attaches the antenna array to the building or structure and associated connection cables, and any equipment facility which may be located either inside or outside the attachment structure.

Antenna Array means one or more rods, panels, disks or similar devices used for the transmission or reception of radio frequency signals, which may include an omni directional antenna (rod), a directional antenna (panel) and a parabolic antenna (disk).

Stealth Technology means systems, components and materials used in the construction and design of attached WCF which are developed to mask or conceal the facility and antenna array to make them compatible with the structure the)' are attached to, the surrounding properties, and the neighborhood in general.

Attached WCF shall not be artificially illuminated directly or indirectly, except as may be required by state or federal law and shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature except for a small message containing provider identification and emergency telephone numbers.

Wireless Communications Facilities (either attached or free standing) in existence on the date of the adoption of this amendment, which do not comply with the requirements of this amendment (nonconforming WCF) are subject to the following provisions:

1. Nonconforming WCF may continue in use for the purpose now used, but may not be expanded or change users without complying with this amendment

2. Nonconforming WCF which become damaged or destroyed due to any reason or cause, may be repaired and restored to its former use, location, and physical dimensions provided the user does not change and the facility is not expanded.

3. Any nonconforming WCF that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such WCF shall remove same.

(12/12/2000)

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