§ 16-735. Facilities and devices excluded from applicability of article.

The following facilities are excluded from this article:

(1)

Facilities owned, leased or operated by the town, and facilities located or attached on property owned or leased by the town; provided, however, this exclusion does not limit, impair or affect the town's powers to negotiate and enter into agreements with facility providers that contain conditions for facilities, nor to regulate facilities in a manner otherwise provided by law.

(2)

Any facilities expressly exempt from the town's siting, building and permitting authority.

(3)

Over-the-air reception devices, including the reception antennas for direct broadcast satellites (DBS), multi-channel multipoint distribution (wireless cable) providers (MMDS), television broadcast stations (TVBS) and other customer-end antennas that are receive-only devices, but not including microwave dishes.

(4)

Facilities used exclusively for private, noncommercial radio and television reception and private citizens' bands, licensed amateur radio and other similar noncommercial telecommunications that are less than 90 feet in height.

(5)

Facilities used exclusively for providing unlicensed spread spectrum technologies, such as IEEE 802.11a, b, g services (e.g., Wi-Fi and Bluetooth) where the facility does not require a new tower and the effective range is not more than 100 yards.

(Ord. of 2-10-2011, § 7; Ord. of 1-9-2013(1), § 3)