For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The Building and Neighborhood Services Director shall construe any word, phrase, or term not defined herein or otherwise defined by state or federal law or regulation. Such construal shall be based upon the word's, phrase's, or term's common and ordinary usage in the region. The definitions defined herein are in addition to definitions provided elsewhere in the zoning chapter of the City of Clinton, Iowa ("Zoning Chapter").
APPLICANT. Any person engaged in the business of providing wireless telecommunications services or the wireless telecommunications infrastructure required for wireless telecommunications services and who submits an application.
APPLICATION. A request submitted by an applicant to the city to construct a new tower, for the initial placement of transmission equipment on a wireless support structure, for the modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or existing base station, or any other request to construct or place transmission equipment that does not meet the definition of an eligible facilities request.
BASE STATION.
(1) A structure or equipment at a fixed location that enables wireless communications licensed by the FCC or authorized wireless communications between user equipment and a communications network.
(2) Does not mean a tower or equipment associated with a tower.
(3) Includes but is not limited to equipment associated with wireless communications services such as private, broadcast, and public safety services and unlicensed wireless services and fixed wireless services such as microwave backhaul.
(4) Includes but is not limited to radio transceivers, antennas, coaxial or fiberoptic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
(5) Includes a structure other than a tower that, at the time the relevant application is filed with the state or local government, supports or houses equipment described in this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
(6) Does not include any structure that at the time the relevant application is filed with the state or local government does not support or house equipment described in this division.
BUILDING AND NEIGHBORHOOD SERVICES DIRECTOR. The Building and Neighborhood Services Director or his/her designee ("BNS Director").
COLLOCATION. The mounting or installation of transmission equipment on a support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
ELECTRIC UTILITY. Any owner or operator of electric transmission or distribution facilities subject to the regulation and enforcement activities of the Iowa Utilities Board relating to safety standards.
ELIGIBLE FACILITIES REQUEST. A request for modification of an existing tower or base station that does not substantially change the physical dimensions of the tower or base station and involves collocation of new transmission equipment, the removal of transmission equipment, or the replacement of transmission equipment.
EXISTING TOWER or EXISTING BASE STATION. A tower or base station that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process. EXISTING TOWER includes a tower that was not reviewed and approved because it was not in a zoned area when it was built and lawfully constructed.
FAA. Federal Aviation Administration of the United States.
FCC. Federal Communications Commission of the United States.
INITIAL PLACEMENT or INSTALLATION. The first time transmission equipment is placed or installed on a wireless support structure.
MONOPOLE CONSTRUCTION. A tower consisting of a single vertical structure not supported by radiating guy wires or support structure, and distinguishable from a lattice or truss tower.
SITE. For towers not in the public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. For support structures other than towers, an area in proximity to the structure and to other transmission equipment already deployed on the ground.
SUBSTANTIAL CHANGE.
(1) A change in an existing support structure which results in one or more of the following:
(a) Increase in the height of a tower other than towers in the public rights-of-way by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater;
(b) Increase in the height of existing support structures, other than a tower, by more than 10% or more than ten feet, whichever is greater;
(c) Addition of an appurtenance to the body of a tower, other than a tower in the public right-of-way, that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;
(d) Addition of an appurtenance to an existing support structure, other than a tower that would protrude from the edge of the structure by more than six feet;
(e) Installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
(f) Installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with a tower in the public right-of-way or base station;
(g) Installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with a tower in the public right-of-way or base station;
(h) Excavation or deployment outside the current site;
(i) Defeat of concealment elements of the existing support structure; or
(j) Noncompliance with conditions associated with the siting approval of the construction or modification of the existing support structure or base station equipment, except if the change is noncompliant only in a manner that does not exceed the thresholds identified in divisions (a) through (h) of this division (1).
(2) Height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops. Otherwise, height shall be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act, Pub. L. No. 112-96, Tit. VI.
TOWER. Any structure built for the sole or primary purpose of supporting an antenna and associated facilities authorized or licensed by the FCC. The term includes structures constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and the associated site.
TRANSMISSION EQUIPMENT. Equipment that facilitates transmission for a wireless communication service licensed by the FCC, including, but not limited to radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to private, broadcast, and public safety services, such as wireless local area network services and services utilizing a set of specifications developed by the institute of electrical and electronics engineers for interface between a wireless client and a base station or between two wireless clients, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul.
WIRELESS FACILITY. Equipment at a fixed location that enables the transmission of wireless communications or information of any kind between user equipment and a communications network, except that a wireless facility does not include coaxial or fiberoptic cable that is not immediately adjacent to, or directly associated with, a particular antenna.
WIRELESS SUPPORT STRUCTURE. A structure that exists at the time an application is submitted and is capable of supporting the attachment or installation of transmission equipment in compliance with applicable codes, including, but not limited to, water towers, buildings, and other structures, whether within or outside the public right-of-way. WIRELESS SUPPORT STRUCTURE does not include a tower or existing base station.
(Ord. 2598, passed 12-11-2018)