For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
APPLICANT. Any wireless service provider submitting an application for a special use permit for wireless telecommunications facilities.
APPLICATION. All necessary and appropriate documentation that an applicant submits in order to receive a special use permit for wireless telecommunications facilities.
ANTENNA. A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.
CERTIFICATE OF COMPLIANCE. The certification from the city or the city’s consultant that confirms the project was constructed and is in compliance with the conditions of the permit.
CO-LOCATION. The use of an existing tower or structure to support antennae for the provision of wireless services. A replacement tower that is constructed on the same site as an existing tower will be considered a co-location as long as the new tower is no taller than the old tower and that the old tower is removed in a reasonable short time frame after the new tower is constructed.
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, shall not deem a situation to be COMMERCIAL IMPRACTICABLE and shall not render an act or the terms of an agreement COMMERCIALLY IMPRACTICABLE.
COMPLETED APPLICATION. An application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.
COUNCIL or CITY COUNCIL. The City Council of the City of Columbus, Nebraska.
DISTRIBUTED ANTENNA SYSTEM or DAS. A network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.
ELIGIBILITY FACILITY. A facility as defined in FCC 14-153.
ELIGIBLE FACILITY PERMIT. The official zoning permit approved and issued by the Community Development Director for application which meets the definition of an eligible facility.
FAA. The Federal Aviation Administration, or its duly designated and authorized successor agency.
FCC. The Federal Communications Commission, or its duly designated and authorized successor agency.
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.
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 carrier or service provider to a telecommunications tower or telecommunications site as a co-location is a MODIFICATION. A MODIFICATION shall not include the replacement 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 adding, removing or changing anything.
NIER. Non-ionizing electromagnetic radiation.
PERSON. Any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest or any other entity.
PERSONAL WIRELESS FACILITY. See definition for “wireless telecommunications facilities.”
PERSONAL WIRELESS SERVICES (PWS) or PERSONAL TELECOMMUNICATIONS SERVICE (PTS). Holds the same meaning as defined and used in the 1996 Telecommunications Act.
PLANNING COMMISSION. The Planning Commission for the City of Columbus.
REPAIRS AND MAINTENANCE. The replacement 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.
RIGHT-OF-WAY. Area on, below or above a public roadway, highway, street, sidewalk, alley, dedicated utility easement or similar property, but not including a freeway as defined in Neb. Rev. Stat. § 39-1302, the National System of Interstate and Defense Highways or a private easement.
SMALL WIRELESS FACILITY. A wireless facility that meets each of the following conditions:
(1) The facilities:
(a) Are mounted on structures 50 feet or less in height including the antennas; or
(b) Are mounted on structures no more than 10% taller than other adjacent structures.
(2) Each antenna associated with the deployment is no more than three cubic feet in volume;
(3) All other equipment associated with the structure, whether ground-mounted or pole-mounted, is no more than 28 cubic feet in volume;
(4) The facilities do not require antenna structure registration under 47 C.F.R. pt. 17, as such regulation existed on January 1, 2019;
(5) The facilities are not located on tribal lands, as defined in 36 C.F.R. § 800.16(x), as such regulation existed on January 1,2019; and
(6) The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b), as such regulation existed on January 1, 2019.
SPECIALIZED MOBILE RADIO (SMR). An analogue or digital trunked two-way radio system, operated by a service in the VHF, 220, UHF, 700,800 or 900 MHz bands.
STATE. The State of Nebraska.
STEALTH or STEALTH TECHNOLOGY. To minimize 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 using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
TELECOMMUNICATIONS. The transmission and/or reception of audio, video, data and other information by wire, radio frequency, light and other electronic or electromagnetic systems.
TELECOMMUNICATIONS SITE. See definition for wireless telecommunications facilities.
TELECOMMUNICATIONS STRUCTURE. A structure used in the provision of services described in the definition of “wireless telecommunications facilities.”
TEMPORARY. Temporary in relation to all aspects and components of this subchapter, something intended to, or that does not exist for more than 90 days.
TOWER. Any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.
WIRELESS TELECOMMUNICATIONS FACILITIES (WTF).
(1) 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 and kinds and structures, including, but not limited to, buildings, church steeples, silos, watertowers, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such.
(2) It further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the site. 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. 23-09, passed 8-21-2023)