Lincoln Municipal Code Art. I General

The purpose of this chapter is to provide uniform standards for the design, placement and permitting of wireless telecommunication facilities consistent with applicable federal requirements. The standards are intended to minimize the adverse visual impacts and operational effects of these facilities through appropriate design, siting and screening techniques while providing for the communication needs of residents, local businesses and governmental agencies.

(Ord. 690B §2 (part), 2000)

Wireless telecommunication facilities are regulated at the federal, state and local level. In February 1996, the Federal Government enacted the 1996 Telecommunications Act. This Act contains provisions concerning the placement of antenna structures and other facilities for use in providing personal wireless services. Specifically, Section 704 preserves the right of local agencies to regulate these facilities based on aesthetics, visual impacts and land use impacts.

(Ord. 690B §2 (part), 2000)

For the purposes of this chapter, the following terms shall have the meanings set forth below, unless it is apparent from the context that a different meaning is intended:

(1) "Antenna" means any system of wires, poles, rods, discs or other similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external or attached to the exterior of a structure.

(2) "Co-location" means the practice of sharing support structures and buildings by wireless telecommunications providers (either public or private).

(3) "Façade mounted antenna" means an antenna that is directly attached to or affixed to any building façade.

(4) "Flush mounted antenna" means an antenna mounted to a structure which does not project above the facade to which it is mounted, does not project more than 18 inches from the surface it is mounted to, and is a minimum of 15 feet above grade.

(5) "Ground mounted antenna" means an antenna with its support structure placed directly on the ground.

(6) "Lattice tower" means a three or more legged open structure designed and erected to support wireless telecommunication antennas and connecting appurtenances.

(7) "Monopole" means a single pole structure (non-lattice) designed and erected to support wireless telecommunications antennas and connecting appurtenances.

(8) "Panel antenna" means an antenna or array or antennas designed to concentrate a signal in a particular area. Panel antennas are typically flat, rectangular devices generally less than six square feet in size, although some types are larger. Also known as directional antennas.

(9) "Roof mounted" means an antenna directly attached to the roof of an existing building, water tank, tower or structure other than a telecommunications tower.

(10) "Stealthing" means improvements or treatments added to wireless telecommunications facility which mask or blend the proposed facility in to the existing structure or visual backdrop in a such a manner as to render it "minimally visible" to the casual observer. Stealthing may utilize, but does not require, concealment of all components of the wireless facility.

(11) "Wireless telecommunication facility" means any structure, antenna, pole, equipment and related improvements which support the wireless telecommunications industry in the transmission and/ or reception of electromagnetic signals.

(Ord. 690B §2 (part), 2000)