For purposes 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. Such shall include, but not be limited to radio, television, cellular, paging, personal telecommunications services (PCS), microwave telecommunications and services not licensed by the FCC, but not expressly exempt from the town's siting, building and permitting authority.
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.
CO-LOCATION. 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.
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.
ELIGIBLE FACILITIES REQUEST. A request for modification of an existing wireless tower or base station that involves collection of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.
EQUIPMENT COMPOUND. An area surrounding or near the base of a wireless support structure within which a wireless facility is located.
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. 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 lightning protection device.
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 WIRELESS TELECOMMUNICATIONS FACILITIES.
PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS SERVICE or PCS. The same meaning as defined and used in the 1996 Telecommunications Act.
SEARCH RING. The area in which a wireless support facility or wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.
SPECIAL USE PERMIT. The official document or permit by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the town.
STATE. The State of North Carolina.
STEALTH or STEALTH TECHNOLOGY. Minimal 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.
SUBSTANTIAL MODIFICATION.
(1) The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets anyone or more of the criteria listed below:
(a) Increasing the existing vertical height of the structure by the greater of:
1. More than 10%; or
2. The height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.
(b) Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of:
1. More than 20 feet; or
2. More than the width of the wireless support structure at the level of the appurtenance.
(c) Increasing the square footage of the existing equipment compound by more than 2,500 square feet.
(2) The addition, removal or change of any of the physical and visually discernible components or aspects of a wireless facility shall be considered a substantial modification, including without limitation addition, removal or change in equipment shelters, landscaping, fencing, utility feeds, changing the color, materials, or stealth technology of any visually discernible components, vehicular access, and parking.
TELECOMMUNICATION SITE. See WIRELESS TELECOMMUNICATIONS FACILITIES.
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 STRUCTURE. A structure used in the provision of services described in the definition of WIRELESS TELECOMMUNICATIONS FACILITIES.
TEMPORARY. In relation to all aspects and components of this chapter, something intended to, or that does, exist for fewer than 90 days.
TOWN. The Town of Murphy, North Carolina.
TOWN COUNCIL. The Board of Commissioners of the Town of Murphy.
WIRELESS TELECOMMUNICATIONS FACILITIES, TELECOMMUNICATIONS TOWER, TOWER, TELECOMMUNICATIONS SITE and PERSONAL WIRELESS FACILITY. 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 that employ camouflage technology, including, but not limited to, structures such as a multi-story building, church steeple, silo, water tower, sign or other structures that can be used to mitigate the visual impact of an antenna or the functional equivalent of such, including all related facilities 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, paging, 911, personal telecommunications services, commercial satellite services, microwave services and services not licensed by the FCC, but not expressly exempt from the town's siting, building and permitting authority, excluding those used exclusively for the town's fire, police or exclusively for private, noncommercial radio and television reception and private citizen's bands, amateur radio and other similar non-commercial telecommunications where the height of the facility is below the height limits set forth in this chapter. (Ord. passed 7-9-2019; Am. Ord. passed 5-3-2021)