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HomeMy WebLinkAboutLL 05 of 2001 Definition Telecom Facility.pdfLOCALLAW NO. 5. OF THE YEAR 2001 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO THE DEFINITION OF TELECOMMUNICATIONS FACILITY Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Zoning Ordinance of the Town of Ithaca as re -adopted, amended, and revised, effective February 26, 1968, and subsequently amended, and as particularly amended by Local Law No. 4 of the year 1998, be further amended as follows: Article I, Section 1, paragraph 47 defining a "Telecommunications facility" is amended to read as follows: 47. A "Telecommunications facility" is any equipment, other than {i) equipment used by amateur radio licensees regulated by the Federal Communications Commission; or (ii) equipment that is used by a governmental unit or agency that is statutorily expressly exempt from regulation by the Town of Ithaca; or (iii) mobile equipment that is contained in a car or other motor vehicle or is completely portable and not affixed in any manner to realty (the exception for mobile equipment does not extend to any antenna(s) attached, directly or indirectly such as on a tower or other structure, to realty or to other facilities used in connection with such mobile equipment); used in connection with the provision of two-way wireless communication services, including cellular telephone services, personal communications services, private radio communications services, fire and emergency communications, and any other private or public radio communications transmissions regulated by the Federal Communications Commission in accordance with the Telecommunications Act of 1996 and other federal laws. Such uses shall include private commercial uses as well as public uses. A telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as antenna(s), switching stations, principal and accessory telecommunications equipment and supporting masts, wires, structures, and buildings. Section 2. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 3. This local law shall take effect immediately upon its publication as required by law.