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Ordinance 2018-1763
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Ordinance 2018-1763
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Last modified
3/12/2021 11:04:41 AM
Creation date
10/18/2018 10:34:03 AM
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City Council Records
Doc Type
Ordinance
Ord/Res - Year
2018
Ord/Res - Number
1763
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ORD 2018-1763
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and small cell wireless facilities, all as defined in Sec. 17.42.020 and further <br />addressed herein, and all other wireless facilities unless exempt under <br />subsection B. <br />B. The requirements set forth in this Section shall not apply to: <br />1. Federally licensed amateur radio antenna, over -the -air receiving device <br />(OTARD), and residential television reception/antenna towers provided <br />that the requirement that the height be no more than the distance from <br />the base of the antenna to the property line is met. <br />2. Pre-existing wireless facilities. Any wireless facility for which a building <br />permit, administrative special review use, or special review use has been <br />properly issued prior to September 4, 2018, shall not be required to meet <br />the requirements of this Chapter, other than the requirements of Sec. <br />17.42.040.. Changes and additions to pre-existing wireless facilities <br />(including trading out of antennas for an equal number of antennas) shall <br />meet applicable requirements of this Chapter. <br />3. Miscellaneous antennas. Antennas used for reception of television, multi- <br />channel video programming and radio such as OTARD antennas, <br />television broadcast band antennas, and broadcast radio antennas, <br />provided the height be no more than the distance from the base to the <br />property line and that any generally applicable requirements contained in <br />this title are met. <br />4. A temporary wireless facility serving the general health, safety and <br />welfare of the residents of the City of Louisville installed upon the <br />declaration of a state of emergency by the federal, state, or local <br />govemment or other written determination of need by the federal, state or <br />local govemment. <br />5. A temporary wireless facility installed for the purpose of providing <br />sufficient coverage for a special event, subject to administrative <br />approval by the City through the special event permit process. <br />Sec. 17.42.040. —Standards for all Wireless Facilities: <br />A. Federal requirements. All wireless facilities shall meet the current standards and <br />regulations of the Federal Aviation Administration (FAA), the Federal <br />Communication Commission (FCC) and any other agency of the federal <br />govemment with the authority to regulate wireless facilities. If such standards <br />and regulations are changed, then the owners of the wireless facility shall bring <br />such facility into compliance with such revised standards and regulations within <br />the time period mandated by the controlling federal agency. Failure to meet such <br />revised standards and regulations shall constitute grounds for the removal of the <br />facility at the owner's expense. <br />B. Operation and maintenance. To ensure the structural integrity of wireless <br />facilities, the owner of a wireless facility shall ensure it is maintained in <br />Ordinance No. 1763, Series 2018 <br />Page 8 of 18 <br />
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