For purposes of this chapter, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word “shall” is always mandatory, and not merely directory.
ACCESSORY FACILITY OR STRUCTURE. An accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities or complexes, including, but not limited to, utility or transmission equipment storage sheds or cabinets.
AMEND, AMENDMENT and AMENDED. Any change, addition, correction, deletion, replacement or substitution, other than typographical changes of no effect.
ANTENNA. A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.
APPLICANT. Any wireless service provider submitting an application for a conditional use permit for wireless telecommunications facilities.
APPLICATION. All necessary and required documentation that an applicant submits in order to receive a conditional use permit or a building permit for wireless telecommunications facilities.
BOARD or COUNCIL. The City Council of the City of Whiteville.
CERTIFICATE OF COMPLETION or COC. A required document issued by the city that confirms that all work represented in the application:
(1) Was properly permitted;
(2) Was done in compliance with and fulfilled all conditions of all permits, including any final completion deadline;
(3) Was fully constructed as approved and permitted; and
(4) A final inspection was requested, conducted and the facility or complex passed the final inspection.
CITY. The City of Whiteville, North Carolina.
CO-LOCATION. The use of an approved telecommunications structure to support antenna for the provision of wireless services.
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 and for a single site, shall not deem a situation to be COMMERCIALLY IMPRACTICABLE and shall not render an act or the terms of an agreement COMMERCIALLY IMPRACTICABLE.
COMPLETED APPLICATION. An application that contains all necessary and required information and/or data necessary to enable an informed decision to be made with respect to an application.
COMPLEX. The entire site or facility, including all structures and equipment located at the site.
CONDITIONAL USE PERMIT. The official document or permit by which an applicant is allowed to file for a building permit to construct and use a facility or complex as granted or issued by the city.
DAS or DISTRIBUTIVE ACCESS SYSTEM. A technology using antenna combining technology allowing for multiple carriers or wireless service providers to use the same set of antennas, cabling or fiber optics.
ELIGIBLE FACILITY. An existing wireless tower or base station that involves collocation of new transmission equipment or the replacement of transmission equipment that does not constitute a substantial modification. An ELIGIBLE FACILITY application shall be acted upon administratively and shall not require a conditional use permit, but shall require staff administrative approval.
FAA. The Federal Aviation Administration, or its duly designated and authorized successor agency.
FACILITY. A set of wireless transmitting and/or receiving equipment, including any associated electronics and electronics shelter or cabinet and generator.
FCC. The Federal Communications Commission, or its duly designated and authorized successor agency.
HEIGHT. When referring to a tower or wireless support 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.
IN-KIND REPLACEMENT. Replacing a component(s) that is malfunctioning with a properly functioning component of the same weight and dimensions and that does not enable an increase in revenue for the service provider or increase the compensation paid to the owner or manager of the support structure.
MAINTENANCE. Plumbing, electrical, carpentry or mechanical work that may or may not require a building permit, but that does not constitute a modification to the WTF.
MODIFICATION or MODIFY. The addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility or complex with identical components, including, but not limited to, 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 an existing support structure or tower as a co-location is a MODIFICATION, unless the height, profile or size of the compound is increased, in which case it is not a MODIFICATION.
NECESSARY or NECESSITY or NEED.
(1) What is technologically required for the equipment to function as designed by the manufacturer and that anything less will result in prohibiting the provision of service as intended and described in the narrative of the application. NECESSARY or NEED does not mean what may be desired, preferred or the most cost-efficient approach and is not related to an applicant’s specific chosen design standards.
(2) Any situation involving a choice between or among alternatives or options is not a NEED or a NECESSITY.
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 or PWS or PERSONAL TELECOMMUNICATIONS SERVICE or PTS. Have the same meaning as defined and used in the 1996 Telecommunications Act.
REPAIRS and MAINTENANCE. The replacement or repair of any components of a wireless facility or complex 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 or complex without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility or complex that will impose new visible burdens of the facility or complex as originally permitted. Any work that changes the services provided to or from the facility, or the equipment, is not REPAIRS or MAINTENANCE.
STATE. The State of North Carolina.
STEALTH or STEALTH SITING TECHNIQUE.
(1) A design or treatment that minimizes 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 building the least visually and physically intrusive facility and complex that is not technologically or commercially impracticable under the facts and circumstances.
(2) STEALTH TECHNIQUE includes such techniques as:
(a) DAS or its functional equivalent; or
(b) Camouflage where the tower is disguised to make it less visually obtrusive and not recognizable to the average person as a wireless facility or complex.
STRUCTURAL CAPABILITY or STRUCTURAL CAPACITY or STRUCTURAL INTEGRITY. Notwithstanding anything to the contrary in any other standard, code, regulation or law up to and not exceeding a literal 100% of the designed loading and stress capability of the support structure.
SUBSTANTIAL MODIFICATION. A change or MODIFICATION that:
(1) Increases the existing vertical height of the structure by the greater of:
(a) More than 10%; or
(b) The height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet.
(2) 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:
(a) More than 20 feet; or
(b) More than the width of the wireless support structure at the level of the appurtenance.
(3) Increases the square footage of the existing equipment compound by more than 2,500 square feet.
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 primarily to support equipment used to provide wireless communications.
TEMPORARY. Not permanent in relation to all aspects and components of this chapter, something intended to, and that does, exist for fewer than 90 days.
TOWER. Any structure designed primarily to support an antenna and/or other equipment for receiving and/or transmitting a wireless signal and is the lesser of:
(1) More than ten feet taller than the adjacent buildings or trees; or
(2) Taller than 40 feet.
WIRELESS TELECOMMUNICATIONS FACILITY OR FACILITIES (WTF OR WTFS), FACILITY, SITE, COMPLEX, TELECOMMUNICATIONS SITE and PERSONAL WIRELESS FACILITY SITE. All mean a specific location at which a structure that is designed or intended to be used to house, support or accommodate antennas or other transmitting or receiving equipment is located. This includes, without limit, towers and support structures of all types and kinds, including, but not limited to, buildings, church steeples, silos, water towers, signs or other any other structure that is used or is proposed to be used as a support structure for antennas or the functional equivalent of such. It expressly includes all related facilities and equipment such as cabling, radios and other electronic equipment, equipment shelters and enclosures, cabinets and other structures associated with the complex used to provide, though not limited to, radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services, Internet access service and any commercial wireless telecommunication service whether or not licensed by the FCC.
(Ord. 2016-4-26-38, passed 4-26-2016)