§ 24-178. Exemptions.

The following facilities are exempt from the standards in this article, and may be permitted if all identified standards are met:

A.

Two-way radio communications systems operated only as an internal business or household communications system that are not made available to third parties, subject to the maximum height requirements as set forth in Section 24-181.B (General Requirements) or no greater than fifty (50) feet in height.

B.

Privately operated noncommercial facilities attendant to a residential, noncommercial use, including amateur radio facilities no greater than sixty-five (65) feet in height.

C.

Noncommercial television receiving antennas, subject to the maximum height requirements for the zone, as set forth in Section 24-181.B (General Requirements) or no greater than fifty (50) feet in height.

D.

Satellite dish (television receive only) antennas no greater than two (2) meters in diameter which are used for noncommercial purposes by the user, providing all such facilities are exempt from demonstrating radio-frequency emission compliance from Federal Communications Commission (FCC) regulation. This exemption only applies to facilities categorically exempt from FCC regulation, and does not apply to facilities operated, leased to, or used by common carriers, or wireless communications providers, or personal communications systems (PCS) providers, or cellular communications providers or specialized mobile radio (SMR) communications providers, or television and radio broadcast facilities.

E.

Temporary wireless telecommunication facilities providing public information coverage of a news event. Mobile facilities providing public information coverage of news events may be set up on public or private property for a duration of up to seventy-two (72) hours.

F.

Government-owned communications facilities utilized for a public purpose.

G.

Facilities exempted under federal or State law.

H.

Facilities erected and operated for emergency situations which are approved in writing in advance of installation by the Zoning Administrator. Uses of such facilities shall not exceed two (2) weeks, unless an extension is granted in writing by the Zoning Administrator.

I.

Personal wireless Internet equipment, such as a wireless router, that complies with all applicable FCC regulations.

J.

Personal handheld and portable wireless devices, such as mobile phones, smart phones, computer tablets and readers, cordless phones, personal digital assistants (PDAs), and wireless headphones that comply with all applicable FCC regulations.

K.

Repair or replacement of a lawfully established existing facility, so long as the repair or replacement does not involve modifications to the facility which add height, change the appearance in a visually or physically obtrusive manner, or increase its effective radiated power.

(Ord. No. 4062, § 1, 9-10-13)