For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. Cessation of use of a wireless support structure for wireless communications activity for at least the minimum period of time specified under this chapter.
ACCESSORY EQUIPMENT/BASE STATION. A station at a specific site that is authorized to communicate with any equipment serving or being used in conjunction with a wireless facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, radio transceivers, antennas, equipment buildings, cabinets and storage sheds, shelters or similar structures, foundation, fencing, gravel and paving.
ADMINISTRATOR. The Zoning Administrator for the town or such other person that the Town Manager shall designate to administer the provisions of this chapter and is authorized to grant an administrative review.
ALTERNATIVE TOWER STRUCTURE. Human-made trees, clock towers, bell steeples, utility poles and other similar mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA. Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas, such as whips, but not including satellite earth stations.
BASE STATION. A station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies and other associated electronics. The term does not include a wireless support structure or any equipment associated with a tower.
CARRIER ON WHEELS OR CELL ON WHEELS (COW). A portable self-contained wireless facility that can be moved to a location and set up to provide wireless service on a temporary or emergency basis.
COLLOCATION. The placement or installation of wireless facilities on existing structures, including electrical transmission towers, water towers, buildings and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.
CONCEALED WIRELESS FACILITY. Any wireless facility that is integrated as an architectural feature of an existing structure or any new wireless support structure designed to camouflage or conceal the presence of antennas or towers so that the purpose of the facility or wireless support structure is not readily apparent to a casual observer.
EQUIPMENT COMPOUND. An area surrounding or near the base of a wireless support structure within which are located the operating equipment for the wireless facility.
ELECTRICAL TRANSMISSION TOWER. An electrical transmission structure used to support high voltage overhead power lines. The term shall not include utility pole.
EXISTING STRUCTURE. A wireless support structure, erected prior to the application for an eligible facilities request, collocation or substantial modification under this chapter that is capable of supporting the attachment of wireless facilities. The term includes, but is not limited to, electrical transmission towers, utility poles, buildings and water towers and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term shall not include any utility pole.
FALL ZONE. The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.
GUYED TOWER. A communication tower that is supported, in whole or in part, by guy wires and ground anchors.
LATTICE TOWER. A guyed or self-supporting, open steel frame structure, with three or more sides that is used to support telecommunications equipment.
MAJOR MOUNTAIN RIDGE. A ridge with an elevation higher than 3,000 feet above mean sea level and an elevation of 500 feet or more above the elevation of an adjacent valley floor.
MICRO WIRELESS FACILITY. A small wireless facility that is no longer in dimension than 24 inches in length, 15 inches in width and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.
MINOR MODIFICATIONS.
(1) Those made to an existing tower, which do not:
(a) Add more than 10% to the height of the vertical structure;
(b) Increase the height of one additional antenna array to the tower (with a 20-foot separation from the nearest existing antenna);
(c) Add more than 20 feet in width or the width of the support structure at the level of the new appurtenance; or
(d) Add more than 2,500 square feet to the existing compound.
(2) MINOR MODIFICATIONS are allowed once per the life of the wireless structure.
MONOPOLE TOWER. A communication tower consisting of a single pole, constructed without guy wires and ground anchors.
ORDINARY MAINTENANCE. Ensuring that wireless facilities and wireless support structures is kept in good operating condition. ORDINARY MAINTENANCE includes inspections, testing and modifications that maintain functional capacity and structural integrity; for example, the strengthening of a wireless support structure’s foundation or of the wireless support structure itself. ORDINARY MAINTENANCE does not include substantial or minor modifications.
OVERALL HEIGHT. Height from grade, inclusive of antennas, lighting rods and any other associated equipment, but exclusive of lights required by the FAA that do not provide any support for any antenna or other equipment.
QUALIFYING SMALL WIRELESS. A new small wireless facility that does not extend ten feet above the utility pole or wireless support structure on which it is collocated and is located either:
(1) In the town right-of-way; or
(2) Outside of the town right-of-way on property that is neither used as a single-family residential property, nor vacant, but zoned single-family residential.
QUALIFYING UTILITY POLE. A new utility pole or a modified or replacement utility pole that does not exceed 50 feet above ground level and that is associated with a new small wireless facility that does not extend more than ten feet above such utility pole.
REPLACEMENT POLE. Pole of equal proportions and of equal height or such other height that would not constitute a modification to an existing structure in order to support wireless facilities or to accommodate collocation. This definition requires the removal of the wireless structure that it replaces.
SHROUD. A box or other container that contains, and is designed to camouflage or conceal the presence of, a wireless facility, antenna or accessory equipment.
SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications:
(1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet; and
(2) All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. For the purpose of this division, the following types of ancillary equipment are not included in the calculation of equipment volume: electric meters; concealment elements; telecommunications demarcation boxes; ground-based enclosures; grounding equipment; power transfer switches; cut-off switches; vertical cable runs for the connection of power and other services; or other support structures.
STEALTH (CONCEALED) WIRELESS FACILITY, WIRELESS SUPPORT STRUCTURE OR ANTENNA. Any wireless facility, support structure or antenna that is integrated as an architectural feature of a structure or that is designed to camouflage or conceal the presence of a wireless facility, wireless support structure or antenna so that the purpose of the wireless facility, wireless support structure or antenna is not readily apparent to a casual observer.
STEALTH (CONCEALMENT) ELEMENT. Any design feature, including, but not limited to, painting, shielding requirements, shrouds and restrictions on location or height in relation to the surrounding area that are intended to make a wireless communications facility less visible to the casual observer. The design elements of a concealed (stealth) wireless communications facility are CONCEALMENT ELEMENTS.
TELECOMMUNICATION TOWER or TOWER. A monopole, guyed or self-supporting tower, constructed as a free-standing structure or in association with a building, other permanent structure or equipment, that contains one or more antennas intended to transmit or receive television, AM/FM radio, digital, microwave, cellular, telephone or similar forms of electronic communication. This definition shall not include any structures erected solely for a non-commercial individual use such as residential television antennas.
TOWER HEIGHT. The vertical distance measured from ground to the uppermost point of the tower, not including the antenna(s) and shall not exceed 80 feet in height.
TOWN COUNCIL. The Banner Elk Town Council.
TOWN UTILITY POLE. A structure designed for and used to carry lines, cables or wires for power, lighting, telephone or cable television owned by the town.
UTILITY POLE. A structure that is designed for and used to carry lines, cables or wires for power, lighting, telephone or cable television.
VEGETATIVE CANOPY. Trees that create a roof-like layer of spreading branches.
VIEWSHED. Those lands seen from a specific location that form a visual composition with foreground, middle ground and background areas.
WIRELESS COMMUNICATIONS. Any personal wireless service, including, but not limited to: cellular; personal communication services (PCS); specialized mobile radio (SMR); enhanced specialized mobile radio (ESMR); unlicensed spectrum services utilizing Part 15 devices (i.e., wireless internet services); and paging.
WIRELESS COMMUNICATIONS FACILITY. Any manned or unmanned location for the transmission and/or reception of wireless communications, usually consisting of one or more of the following components: a wireless facility; base station; equipment compound; and/or wireless support structure.
WIRELESS FACILITY.
(1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:
(a) Equipment associated with wireless communications; and
(b) Radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration.
(2) The term includes small wireless facilities. The term shall not include:
(a) The structure or improvements on, under, within, and/or adjacent to which the equipment is collocated; or
(b) Wireline backhaul facilities.
(3) Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER. Any person with a certificate to provide telecommunications service in the state who builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures for small wireless facilities, but that does not provide wireless service.
WIRELESS PROVIDER. A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICE PROVIDER. A person who provides wireless service.
WIRELESS SUPPORT STRUCTURE. A new or existing structure, such as a monopole, lattice tower or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole is not a WIRELESS SUPPORT STRUCTURE.
(Ord. passed 8-12-2019)