For purposes of this article, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word “shall” is always mandatory, and not merely directory.
1. Accessory facility or structure. An accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets.
2. Applicant. Any wireless service provider submitting an application for a special use permit for wireless telecommunications facilities.
3. Application. All necessary and required documentation that an applicant submits in order to receive a special use permit or a zoning permit for wireless telecommunications facilities.
4. Antenna. A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.
5. Board. The Board of Adjustment.
6. Co-location. The installation of new wireless facilities on previously-approved structures, including towers, buildings, utility poles and water tanks.
7. Commercial impracticability or commercially impracticable. The inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone and for a single site, shall not deem a situation to be commercially impracticable and shall not render an act or the terms of an agreement commercially impracticable.
8. Completed application. An application that contains all necessary and required information and/or data necessary to enable an informed decision to be made with respect to an application.
9. Special use permit. The official document or permit by which an applicant is allowed to file for a zoning permit to construct and use wireless telecommunications facilities as granted or issued by the city.
10. DAS or Distributive Access System. A technology using antenna combining technology allowing for multiple earners or wireless service providers to use the same set of antennas, cabling or fiber optics.
11. FAA. The Federal Aviation Administration, or its duly designated and authorized successor agency.
12. FCC. The Federal Communications Commission, or its duly designated and authorized successor agency.
13. Height. When referring to a tower or structure, the distance measured from the pre-existing grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightening protection device.
14. Holder. An applicant, or the assignee or successor in interest of the applicant, to whom a special use permit for wireless telecommunications has been issued in accordance with Section 9-3-128.
15. Maintenance. Plumbing, electrical or mechanical work that may require a building permit but that does not constitute a modification to the WTF.
16. Modification or modify. The addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or change-out of equipment for better or more modern equipment. Adding a new wireless earner or service provider to a telecommunications tower or telecommunications site as a co-location is a modification.
17. Necessary. What is technologically required for the equipment to function as designed by the manufacturer and that anything less will result in prohibiting or acting in a manner that prohibits the provision of service as intended and described in the narrative of the application. Necessary does not mean what may be desired or preferred technically.
18. NIER. Non-Ionizing Electromagnetic Radiation.
19. Person. Any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more persons having a joint common interest, or any other entity.
20. Personal wireless facility. See definition for wireless telecommunications facilities.
21. Personal wireless services or PWS or personal telecommunications service or PTS. Shall have the same meaning as defined and used in the 1996 Telecommunications Act, as amended.
22. Repairs and maintenance. The replacement or repair of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.
23. Stealth or stealth technology. A design or treatment that minimizes adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean building the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances. Stealth technology includes such technology as DAS or its functional equivalent or camouflage where the tower is disguised to make it less visually obtrusive and not recognizable to the average person as a WTF.
24. State. The State of North Carolina.
25. Telecommunications. The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
26. Telecommunications site. See definition for wireless telecommunications facilities.
27. Telecommunications structure. A structure used in the provision of services described in the definition of wireless telecommunications facilities.
28. Temporary. Temporary in relation to all aspects and components of this article, something intended to, or that does, exist for fewer than ninety (90) days.
29. Tower. Any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.
30. Wireless telecommunications facility or facilities (WTF or WTFs). Means and includes a telecommunications site and personal wireless facility. It means a structure, facility or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices. This includes without limit, towers of all types, kinds and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such. It further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the facility. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service not licensed by the FCC. (Ord. of 3/1/10; Ord. of 6-21-21, No. 41-21)