The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ACOUSTICAL ENGINEER: A professional engineer with demonstrated education, accreditation and experience to perform and certify noise measurements.
ANTENNA: An apparatus, designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC for the transmission of writing, signs, signals, data, images, pictures, and sounds of all kinds, including the transmitting device and any on-site equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with that antenna and added to a tower, structure, or building as part of the original installation of the antenna. For most services, an antenna will be mounted on or in, and is distinct from, a supporting structure such as a tower, structure or building. However, in the case of AM broadcast stations, the entire tower or group of towers constitutes the antenna for that station. For purposes of this section, the term antenna does not include unintentional radiators, mobile stations, or devices authorized under 47 CFR part 15.
ANTENNA SUPPORT STRUCTURE: Any building or structure other than a tower which can be used for location of communications facilities.
APPLICANT: Any person who applies for a wireless communications facility permit.
APPLICATION: The process by which the owner of a parcel of land within the City submits a request to develop, construct, build, modify, or erect a tower upon such parcel of land. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such a request.
BASE STATION: 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 this section or any equipment associated with a tower.
A. 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.
B. The term includes, but is not limited to, radio receivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small cell networks).
C. The term includes any structure other than a tower that, at the time the relevant application is filed with the City under this chapter, supports or houses equipment described under subsections A and B of this definition that has been reviewed and approved by the City.
BUILDING: Any permanent structure built for the shelter or enclosure of person, animals, chattels or property of any kind, which is permanently affixed to the land and which has one or more floors and a roof.
CARRIER: A company that provides wireless services.
COLLOCATION: The mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, whether or not there is an existing antenna on the structure.
CONCEALMENT: The act of hiding something or preventing it from being known.
CONDITIONAL USE PERMIT: Uses that are allowed within a zoning district provided that certain standards (or "conditions") are met that will enhance the compatibility of the proposed use with other surrounding uses. Often conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of a specific proposal for a particular location. Application for a conditional use permit affords the City an opportunity to review the location, design, configuration, and potential impact of the proposed use on surrounding land uses.
DEPLOYMENT: The placement, construction or modification of a personal wireless service facility.
DISTRIBUTED ANTENNA SYSTEM OR DAS: A network consisting of transceiver equipment at a central hub site to support multiple antenna locations throughout the desired coverage area.
ELIGIBLE FACILITIES REQUEST: Any request for modification of an existing tower or base station that, within the meaning of section 6409(a) of the Spectrum Act (47 USC section 1455(a)), as interpreted by the FCC in its Report and Order No. 14-153 and regulated by 47 CFR 1.40001, does not substantially change the physical dimensions of that tower or base station, and involves: a) collocation of new transmission equipment, b) the removal of transmission equipment, or c) the replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE: Any tower or base station that exists at the time the application is filed with the City.
EQUIPMENT ENCLOSURE: A small enclosed structure, shelter, cabinet, box, or vault at the base of the support system within which are housed batteries and electrical equipment.
EXISTING STRUCTURE: Previously erected support structure or any other structure, including but not limited to, base stations, buildings, transmission towers, utility poles, light poles, traffic signal poles, or similar structures to which wireless facilities can be attached.
FCC: The Federal Communications Commission or successor agency.
MONOPOLE: A single, freestanding pole-type structure supporting one or more antennas and includes but is not limited to a utility pole and light pole.
PHOTOSIMULATION: Computer generated photographs, renderings combining existing subject adjacent property conditions and improvements with proposed improvements.
PLANNING COVERAGE MAP: A map, maps, or plan on which are marked the service areas of other WCF sites operated by the applicant. The planning coverage map shall be considered exempt from disclosure pursuant to Idaho Code section 9-340(D) or as subsequently amended.
REPLACEMENT: Constructing a new support structure of proportions and of equal height or such other height that would not constitute a substantial change to a pre-existing support structure in order to support a facility or to accommodate collocation and removing the pre-existing support structure.
RIGHTS-OF-WAY: The area in the City on, below, or above a roadway, highway, street, sidewalk, curb, lawn strip, alley, utility easement, lighting or drainage facility, or similar property, but not including Federal interstate highway, that is reserved or dedicated for use as a public right-of-way or by or for the public. The "public right-of-way" includes all public streets and utility easements owned by or dedicated to, the City of Pocatello, or other public entity.
SERVICE AREA: Contained areas within which a wireless communication facility is able to transmit clear signals, generally circular in form.
SITE: For towers outside the right-of-way, means the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site (for other towers and all base stations). "Site" is restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
SMALL CELL FACILITIES: A facility mounted on structures fifty feet (50') or less in height or on structures no more than ten percent (10%) taller than adjacent structures with an antenna no more than three (3) cubic feet and a total wireless equipment no more than twenty eight (28) cubic feet.
SPECTRUM ACT: Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act, 47 USC section 1455(a) (providing, in part, "... a state or local government may not deny, and shall approve, any eligible facilities request for a modification of any existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.").
STEALTH DESIGN: Technology that minimizes the visual impact of wireless communications facilities by camouflaging, disguising, screening, and/or blending into the surrounding environment. Examples of stealth design include, but are not limited to, towers disguised as trees, flagpoles, bell towers, and architecturally screened roof mounted antennas.
SUBSTANTIAL CHANGES: In the context of an eligible support structure, a modification of an existing tower or base station where any of the following criteria is met:
A. Type 1: For any eligible support structure:
1. It involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or
2. It entails any excavation or deployment outside of the current site of the tower or base station; or
3. The proposed modification would cause the concealment/camouflage elements of the tower or base station to be defeated; or
4. The proposed modification would not comply with the conditions associated with the prior siting approval of construction or modification of the tower or base station, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new exaction that does not exceed the corresponding thresholds in this section.
5. Small cells mounted on structures fifty feet (50') or less in height or on structures no more than ten percent (10%) taller than adjacent structures with an antenna no more than three (3) cubic feet and a total wireless equipment no more than twenty eight (28) cubic feet.
B. Type 2: For an existing tower located in the public rights-of-way and for all base stations:
1. The height of the tower or base station is increased by more than ten percent (10%) or ten feet (10'), whichever is greater;
2. There is added an appurtenance to the body of that structure that would protrude from the edge of that structure by more than six feet (6'); or
3. It involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure; or
4. It involves the installation of any new equipment cabinets on the ground if there is no preexisting ground cabinet associated with that structure.
C. Type 3: For any new tower (not in the public right-of-way):
1. The height of the tower is increased by: a) more than ten percent (10%), or b) by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater; or
2. There is added an appurtenance to the body of the tower that would protrude from the edge of the tower by: a) more than twenty feet (20'), or b) more than the width of the tower at the level of the appurtenance, whichever is greater; or
3. Towers cannot be located in public rights- of-way.
SUPPORT STRUCTURE: A structure designed to support small wireless facilities including, but not limited to, monopoles, vertical facilities, utility poles, City owned traffic poles, billboards, and other freestanding self-supporting structures.
TOWER: Includes any structure built for the sole or primary purpose of supporting any wireless communications facility.
TRANSMISSION EQUIPMENT: Any equipment that facilitates transmission for any commission licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas and other relevant equipment associated with and necessary to their operation, including coaxial or fiber optic cable, and regular and backup power supply.
UTILITY SUPPORT STRUCTURE: Utility poles or utility towers supporting electrical, telephone, cable or other similar facilities; streetlight standards; pedestrian light standards; traffic light structures and traffic sign structures.
WIRELESS COMMUNICATIONS FACILITY (WCF): Any facility that transmits and/or receives electromagnetic signals, including small cells, antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, and including, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, parking area, and other accessory development. However, communications facilities shall not include any satellite earth station antenna two meters (2 m) in diameter or less which is located in an area zoned Industrial or Commercial; or any satellite earth station antenna one meter (1 m) or less in diameter, regardless of zoning category. (Ord. 3025, 2019: Ord. 2979, 2016: Ord. 2662, 2001)