§ 19.04.020  DEFINITIONS.
   For the purposes of this chapter, the following defined terms shall have the meaning set forth in this section, unless otherwise defined or the context clearly indicates or requires a different meaning.
   ACCESSORY EQUIPMENT. Any equipment associated with the installation of a wireless telecommunications facility, including, but not limited to, cabling, generators, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.
   ANTENNA. That part of a wireless telecommunications facility designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of services, including, but not limited to, cellular, paging, personal communications services (PCS) and microwave communications. Such devices include, but are not limited to, directional antennas, such as panel antenna, microwave dishes, and satellite dishes; omnidirectional antennas; wireless access points (Wi-Fi); and strand-mounted wireless access points. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.
   BASE STATION. The same as defined by the FCC in 47 C.F.R. § 1.6100(b)(1), as may be amended, which currently defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.6100(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed  antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this chapter, supports or houses equipment described in 47 C.F.R. §1.6100(b)(1)(i)-(ii) 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. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this chapter, does not support or house equipment described in 47 C.F.R. §1.6100(b)(1)(i)-(ii).
   BUILDING-MOUNTED. Mounted to the side or façade, but not the roof, of a building or another structure such as a water tank, pump station, church steeple, freestanding sign, or similar structure.
   COLLOCATION. The same as defined by the FCC in 47 C.F.R. § 1.6100(b)(2), as may be amended, which currently defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting or receiving radio frequency signals for communications purposes.
   ELIGIBLE FACILITIES REQUEST. The same as defined by the FCC in 47 C.F.R. § 1.6100(b)(3), as may be amended, which currently defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.
   ELIGIBLE SUPPORT STRUCTURE. The same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), as may be amended, which currently defines that term as any tower or base station as defined in this section; provided that it is existing at the time the relevant application is filed with the state or local government under this chapter.
   EXISTING. The same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), as may be amended, which currently provides that a constructed tower or base station is existing for purposes of the FCC's §6409(a) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided that, a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
   FCC. The Federal Communications Commission or its duly appointed successor agency.
   LISTED SPECIES. Any species, endangered, threatened or rare species as listed by the Department of Fish and Wildlife (Cal. Fish and Game Code §§2 050 et seq.), the United States Fish and Wildlife Service (Endangered Species Act, 16 U.S.C. §§ 1531 et seq.) or the National Marine Fisheries Service (re: anadromous fish), or locally designated, such as heritage trees, and natural communities, including wetland habitat or wildlife dispersal or migration corridors.
   MODIFICATION. Any change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, a change in size, shape, color, visual design, or exterior material. MODIFICATION does not include repair, replacement, or maintenance if those actions do not involve a change to the existing facility involving any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction, or augmentation.
   MONOPOLE. A wireless communication facility support structure which consists of a self-supported monopolar structure, usually rounded, erected on the ground to support antennas and connecting appurtenances.
   NON-IONIZING ELECTROMAGNETIC RADIATION. Electromagnetic radiation primarily in the visible, infrared and radio frequency portions of the electromagnetic spectrum).
   PERSONAL WIRELESS SERVICE FACILITIES. The same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services.
   PERSONAL WIRELESS SERVICES. The same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
   POLE. A single shaft of wood, steel, concrete, or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of the Fairfax Municipal Code.
   PUBLIC RIGHT-OF-WAY or RIGHT-OF-WAY. Any public street, public way, public alley or public place, laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, under the jurisdiction of the town.
   REVIEWING AUTHORITY. The person or body who has the authority to review and either grant or deny a wireless telecommunications facility permit pursuant to this chapter.
   RF. Radio frequency or electromagnetic waves.
   ROOF-MOUNTED. Mounted directly on the roof of any building or structure, above the eave line of such building or structure.
   SECTION 6409(a). Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as such law may be amended from time to time.
   SECTION 6409(a) APPROVAL. The approval required by § 6409(a).
   SHARED-LOCATION. More than one wireless communications facility comprised of multiple structures used to support antennas operated by one or more carriers where the structures are located within proximity to each other.
   SITE. The same as defined by the FCC in 47 C.F.R. § 1.6100(b)(6), as may be amended, which provides that for towers other than towers in the public rights-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, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
   SUBSTANTIAL CHANGE. The same as defined by the FCC in 47 C.F.R. § 1.6100(b)(7), as may be amended, which currently defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). For clarity, this definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location.
      (1)   For towers outside the public rights-of-way, a SUBSTANTIAL CHANGE occurs when:
         (a)   The proposed collocation or modification increases the overall height more than ten percent or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or
         (b)   The proposed collocation or modification increases the width more than 20 feet  from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or
         (c)   The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or
         (d)   The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.
      (1)   For towers in the public rights-of-way and for all base stations, a substantial change occurs when:
         (a)   The proposed collocation or modification increases the overall height more than  ten percent or ten feet (whichever is greater); or
         (b)   The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or
         (c)   The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or
         (d)   The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are ten percent larger in height or volume than any existing ground-mounted equipment cabinets; or
         (e)   The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.
      (3)   In addition, for all towers and base stations wherever located, a substantial change  occurs when:
         (a)   The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the Zoning Administrator; or
         (b)   The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is  inconsistent with the thresholds for a substantial change described in this section.
The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012—the date that Congress passed § 6409(a).
   TELECOMMUNICATIONS TOWER or TOWER. A freestanding mast, pole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support wireless telecommunications facility antennas. For the purposes of "Eligible Facilities Requests", the term TOWER means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(9), as may be amended, which currently defines that as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are 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. The same as defined by the FCC in 47 C.F.R. § 1.6100(b)(8), as may be amended, which currently defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, 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, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
   UTILITY POLE. A pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.
   WIRELESS SERVICES. Any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
   WIRELESS TELECOMMUNICATIONS FACILITY. Any facility constructed, installed, or operated for wireless service. WIRELESS TELECOMMUNICATIONS FACILITY includes, but is not limited to, antennas or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development. WIRELESS TELECOMMUNICATIONS FACILITY does not mean any of the following:
      (1)    A ground-, building- or tower-mounted antenna facility operated by a federally licensed amateur radio operator as part of the Amateur Radio Service that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97, of the Commission's Rules, or its successor regulation, provided that the antenna does not exceed 30 feet above grade and is subject to the allowable setbacks pursuant to Title 17.
      (2)   A single ground- or building-mounted receive-only radio or television antenna facility, for the sole use of the owner or tenant occupying a parcel on which the antenna is located, that is subject to the FCC Over-The-Air-Reception Devices rule, 47 C.F.R. §1.4000, or any successor regulation, including, but not limited to, TV antennas used to receive television broadcast signals and wireless cable antennas. The antenna is not to exceed 30 feet above grade and must be subject to the allowable setbacks pursuant to Title 17.
      (3)   A single ground-, pole- or building- mounted receive-only radio or television satellite dish antenna, not to exceed 48 inches in diameter, for the sole use of the owner or tenant occupying a parcel on which the antenna is located; satellite dish antenna height not to exceed the height of the roof ridge of the host structure; (All such applications shall be subject to regulations pursuant to Title 17.)
      (4)   Portable radios and devices including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio, and other similar portable devices as determined by the Zoning Administrator.
      (5)   Wireless telecommunications facilities owned and operated by any government agency.
      (6)   Wireless telecommunications facilities owned and operated by any emergency medical care provider.
      (7)   Mobile services providing public information coverage of news events of a temporary nature.
      (8)   Any wireless telecommunications facilities exempted from the Fairfax Municipal Code by federal law or state law.
   ZONING ADMINISTRATOR. The town's Planning and Building Services Director or his or her designee.
(Ord. 833, passed 8-7-2019)