Zoning Ordinance

Monopole: A structure that consists of a single vertical pole without guy wires, designed and erected on the ground to support communications antennas and connected appurtenances. A monopole could be either a Tower or a Small Cell Support Structure but would not include Non-Tower Wireless Communications Facilities since those are not originally designed to support communications antennas and connected appurtenances. Non-Tower Wireless Communications Facilities: Wireless communications facilities other than Tower-based wireless communications. This would include facilities mounted to existing structures that were not originally intended to accommodate wireless communications facilities, such as buildings, utility poles, water towers, steeples, billboards, flags, etc. Ordinance: Shall refer to this and any other applicable sections of the Athens Municipal Code, as amended.

Board of Zoning Appeals: The term "Board of Zoning Appeals" shall mean the City of Athens Board of Zoning Appeals in Athens, Tennessee.

Planning Jurisdiction: The Planning Jurisdiction includes those areas of McMinn County, Tennessee, which fall under the jurisdictional authority of the City of Athens Board of Zoning Appeals.

Potential support structure for small wireless facility or PSS: means a pole or other structure used for wireline communications, lighting, traffic control, signage, or a similar function, including poles installed solely for the colocation of a small wireless facility. When "PSS" is modified by the term "new," then "new PSS" means a PSS that does not exist at the time the application is submitted, including, but not limited to, a PSS that will replace an existing pole. The fact that a structure is a PSS does not alone authorize an applicant to collocate on, modify, or replace the PSS until an application is approved and all requirements are satisfied pursuant to this part.

Right-of-Way: The surface of and space above and below any real property in the municipality in which the federal government, state government, municipality, or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, bridges, or any other public place, area, or property under the control of the federal government, state, municipality, or municipal authority. Private Rights-of-Way and other government-owned lands not listed above shall not be considered a Right-of-Way. The phrase "in the Right(s)-of-Way" means, in, on, over, along, above and/or under the Right(s)-of- Way.

Small Cell System/Distributed Antenna System (“DAS”): A network of remote antenna nodes that distribute radio frequency signals from a central hub through a high capacity signal transport medium to a specific area.

Small Cell Support Structure: For purposes of this Ordinance, a Small Cell Support Structure could include a Monopole or a Non-Tower Wireless Communications Facility that is erected within the public Right of Way or on private property and that does not

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