For the purposes of this section the following definitions shall be used.

Antenna: Antenna shall mean the surface from which the personal wireless communication services are sent and received.

Antenna device: Antenna device shall mean panels, satellite dishes, and antennae and/or similar devices, which are designed to facilitate personal wireless communications services.

Antenna support structures: Antenna support structures shall mean all structures associated with personal wireless communication service facilities including but not limited to monopole, lattice type tower or satellite dishes over three (3) feet in diameter or antennas and similar structures requiring three (3) or more legs and/or guy wires for support.

Historic structure: A structure listed on the National Register of Historic Places or eligible structure for placement on the National Register of Historic Places, or a structure over fifty (50) years old.

Personal wireless communications service: Shall mean commercial mobile services (cellular), personal communication services, and enhanced specialized mobile radio, specialized mobile radio paging, unlicensed wireless services and common carrier wireless exchange access services.

Personal wireless communication service company: Shall mean any entity, corporation, or other organization, which provides personal wireless communication service for a fee.

Personal wireless communication service facility: A personal wireless communication service facility shall mean all types of fixtures, antenna support structures, and or equipment used by or intended for use by a public utility or an FCC-licensed commercial entity for the provision of personal wireless communication service. A personal wireless communication service facility may include accessory mechanical, electronic, or telephonic equipment necessary to operate such facility; provided, however, that such facility shall be a transmission and reception substation, not a principal facility for conducting a communication business.

Public utility: A public service corporation, either private or public, supplying or transmitting gas, water, electricity or communications to any or all members of the public and subject to federal, state or municipal regulations by virtue of its natural or legal monopoly, except for a corporation or other organization which provides personal wireless communication services.

Satellite dishes: Means satellite dishes over three (3) feet in diameter used exclusively for the purposes of personal wireless communications services.

Stealth technology: Stealth technology shall mean any antenna device that is either camouflaged, and/or concealed and placed upon or inside existing buildings and/or structures but does not include the antenna support structures of monopoles, lattice type towers, and satellite dishes over three (3) feet in diameter or antennas and similar structures requiring three (3) or more legs and/or guy wires for support.

(Ord. of 2-12-01(3), § 5)

Only personal wireless communication service facilities using with stealth technology shall be allowed as-of-right within the City of Newburyport.

(Ord. of 2-12-01(3), § 5)

The following antenna support structures are prohibited within the City of Newburyport: lattice type towers, satellite dishes over three (3) feet in diameter or antennas and similar structures requiring three (3) or more legs and/or guy wires for support.

(Ord. of 2-12-01(3), § 5)

All proposed personal wireless communication service facilities (including stealth technology) shall be subject to site plan review standards.

(Ord. of 2-12-01(3), § 5)

A special permit (SP) shall be required from the zoning board of appeals (the "board") for any new personal wireless communication service facility including, and not limited to the antenna support structure of monopoles and for any proposed alteration, extension in height or the replacement thereof.

(Ord. of 2-12-01(3), § 5)

All new personal wireless communication service facilities including and not limited to the antenna support structure of monopoles when allowed by special permit, shall not exceed one hundred fifty (150) feet in height nor be erected nearer to any property line than a distance equal to the vertical height of the support structure inclusive of its appurtenant device(s) measured at the mean finished grade, unless it is determined by the board that an increase in vertical distance is necessary or a reduction of vertical distance, in so far that the board determines that such increase or reduction will not substantially derogate from the intent or purpose of this section.

(Ord. of 2-12-01(3), § 5)

All new personal wireless communication service facilities designed as the following: antenna support structures, monopoles, lattice style towers, and satellite dishes over three (3) feet in diameter or antennas and similar structures requiring three (3) or more legs and/or guy wires for support structure shall be prohibited.

1.

In the following zoning districts: Ag/Con, R1, R2, R3, B1, B2, B3, WMD, and WMU within the City of Newburyport;*

2.

Within one hundred fifty (150) feet of the following residentially zoned neighborhoods: Ag/Con, R1, R2, R3, B3, WMD, and WMU;*

3.

Within one hundred and fifty (150) feet of a neighboring municipality boundary;*

4.

Within one hundred fifty (150) feet of the Merrimac River;*

5.

And within two hundred (200) feet of a residential structure.*

*With the exception of monopoles, antennas and facilities that use stealth technology on land and/or structures owned by the City of Newburyport, upon the issuance of a special permit from the board.

New personal wireless communication service facilities except lattice style towers, satellite dishes over three (3) feet in diameter or antennas and similar structures requiring three (3) or more legs and/or guy wires for support shall be allowed in the following zoning districts: I1, and I2 within the City of Newburyport.

(Ord. of 2-12-01(3), § 5; Ord. of 12-9-13(3))

Antennas and directly related facilities used exclusively for communications for the purpose of federally licensed amateur radio operators shall be exempt from the requirements of this section.

(Ord. of 2-12-01(3), § 5)

All personal wireless communication service facilities shall be removed within six (6) months of cessation of use. The owner of the facility shall inform the City of Newburyport when cessation occurs.

(Ord. of 2-12-01(3), § 5)

All personal wireless communication service facility owners shall file with the board and with the building inspector bi-yearly certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration, and the American National Standards Institute and any required maintenance.

(Ord. of 2-12-01(3), § 5)

Any personal wireless communication service facility located on or within an historic structure shall not alter the character defining features, definitive construction methods, or original historic materials of the building or structure.

Any alteration made to a historic building or structure to accommodate a personal wireless communication service facility shall be fully reversible.

(Ord. of 2-12-01(3), § 5)