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Surf City City Zoning Code

§ 30-17.3

Permitted Use; Scope; Restrictions.

a. 
Wireless communications facilities are a permitted use in the Business Zone. No wireless communications facilities of any type shall be permitted in any residential zoning districts or within 50 feet of a lot in residential use or a residential district boundary.
b. 
No wireless communications facilities are permitted inside or on any buildings or accessory buildings in the Borough. Except for the co-location on utility poles as required by federal and state law, and, as otherwise provided in this section, no non-tower based wireless communications facilities shall be permitted in the Borough. All wireless communications facilities in the Borough shall be limited to wireless communications support structures as set forth herein.
c. 
With the exception of Borough-owned and/or constructed lattice towers or guy-lattice towers, no lattice towers or guy-lattice towers shall be permitted in the Borough.
d. 
Except as otherwise provided by law for public utilities, no new wireless communications support structures, such as towers or monopoles, shall be permitted in the ROW. Only co-location and nonsubstantial changes to existing wireless support structures shall be permitted in the ROW.
e. 
Wireless communications facilities located on property owned, leased, or otherwise controlled by the Borough shall be a permitted use in all zoning districts, provided that a license or lease authorizing such facilities has been approved by the Borough, and, as a condition of any such license or lease, the Borough may require site plan approval or may exempt the applicant from approval. The decision to extend such license or lease to an applicant shall be vested solely with the Borough, and shall not be governed by this section. The Borough, in its absolute and sole discretion, reserves the express right to deny all use of its property for wireless communications facilities. Nothing in this section shall be construed as requiring any applicant to locate on property owned, leased, or otherwise controlled by the Borough. Preexisting wireless communications facilities are exempt from the application of this subsection.
f. 
No advertising signs shall be permitted on any wireless communications facilities, wireless communications support structures, wireless communications equipment, or base stations.
g. 
All ROW regulations shall apply to all entities and applicants, regardless of whether the ROW is owned and/or controlled by the county or the state.