For the purpose of this subchapter, 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.
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.
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.
CO-LOCATION. The use of a tower or structure to support antennae for the provision of wireless services without increasing the height of the tower or structure.
COMMERCIAL IMPRACTICABILITY OR COMMERCIALLY IM PRACTICABLE. 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. The Rutherford College Town Council.
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.
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, PERSONAL TELECOMMUNICATIONS SERVICE OR PCS. Has the same meaning as defined and used in the 1996 Telecommunications Act.
SITE, TELECOMMUNICATIONS. See definition for WIRELESS TELECOMMUNICATIONS FACILITIES.
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. 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 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 or something intended to, or that does, exist for fewer than 90 days.
WIRELESS TELECOMMUNICATIONS FACILITIES.
(1) Includes a TELECOMMUNICATIONS TOWER and TOWER and TELECOMMUN-ICATIONS SITE and PERSONAL WIRELESS FACILITY.
(2) 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.
(3) 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, non-commercial 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 subchapter.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)