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1. “Adverse impact” means a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on other properties and facilities.

2. “Ancillary structure” means any form of development associated with a telecommunication facility or tall structure, including but not limited to: foundations, concrete slabs on grade, guy anchors, generators, and transmission cable supports; however, specifically excluding equipment cabinets.

3. “Antenna” means a device used to transmit and/or receive electromagnetic waves in connection with any wireless communications service. Types of antenna include, but are not limited to, omni-directional antennas, directional antennas, multi- or single-bay, yagi or parabolic antennas.

4. “Antenna array” means a single or group of antennas or antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the purpose of transmitting or receiving electromagnetic waves.

5. “Appurtenant or associated facilities” means an accessory facility or structure serving or being used in conjunction with a tall structure and located on the same property or lot as the tall structure including, but not limited to, utility or transmission equipment storage shelters or cabinets.

6. “Base station” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended, which defines that term as:

[a] structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower... or any equipment associated with a tower.

Examples include, but are not limited to, any buildings, utility poles and light standards that support transmission equipment at the time an applicant files a permit application for a collocation or modification to that structure. As an illustration and not a limitation, the FCC’s definition refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles and transmission towers, light standards or traffic signals. A structure without wireless equipment replaced with a new one designed to bear the additional weight from wireless equipment constitutes a base station.

7. “Breakpoint technology” means the engineering design of a monopole wherein a specified point on the monopole is designed to be at least five (5) percent more susceptible to failure than any other point along the monopole so that in the event of structural failure, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.

8. “Broadcast facilities” means a tower, antennas, or antenna arrays for FM/TV/HDTV broadcasting transmission facilities, and tower(s) utilized as antennas for an AM broadcast station that are licensed by the Federal Communications Commission.

9. “Collocation” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(2), as may be amended, which defines that term as:

[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

As an illustration and not a limitation, the FCC’s definition effectively means “to add” and does not necessarily refer to more than one wireless facility installed at a single site.

10. “Commercial” means having profit as a chief aim.

11. “Commercially impracticable” means the inability to perform an act on terms that are reasonable in commerce. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not be considered “commercial impracticability” and shall not render an act or the terms of an agreement commercially impracticable.

12. Conditional use” means a use of a structure or land, which may be allowed by the planning commission after a public hearing and review and subject to certain prescribed or imposed conditions.

13. Conditional use permit (CUP)” means a written document which may specify controls, restrictions and safeguards on the conditional permitted activity to ensure compatibility with permitted uses.

14. “EIA/TIA 222” means the most current structural standards for steel antenna towers and antenna support structures published by the Telecommunication Industry Association and accredited by the American National Standards Institute.

15. “Eligible facilities request” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(3), as may be amended, which defines that term as:

[a]ny 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) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment.

16. “Eligible support structure” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which defines that term as:

[a]ny 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 section.

17. “Equipment cabinet” means an encasement used to house and protect the electronic equipment, including but not limited to air conditioning units and emergency generators. Equipment cabinets may be ground mounted, wall mounted, frame mounted or tower mounted.

18. “Equipment shelter” means a structure or vault designed solely or primarily to house and protect equipment.

19. “Equipment compound” means the area occupied by a tower including areas inside or under the following: an antenna-support structure’s framework, equipment cabinets, ancillary structures such as equipment necessary to operate the antenna on the tower, including cabinets, shelters, pedestals, and other similar structures, and access ways.

20. “Existing tower” or “existing base station” have the same meanings as those terms are defined in 47 C.F.R. § 1.40001(b)(5), as may be amended, which states that:

constructed tower or base station is existing for purposes of this section 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.

21. “FAA” means the Federal Aviation Administration or its duly designated and authorized successor agency.

22. “Fall radius” means the circular area measured from the base of the tower outward in a circular pattern (radius) for a distance of one hundred (100) percent of the proposed or existing tower’s height including appurtenances.

23. “FCC” means the Federal Communications Commission or its duly designated and authorized successor agency.

24. “Feasible” means consistent with sound engineering practice and not causing environmental, social, or economic costs that outweigh the public benefit to be derived from compliance with the standard which is modified by the term “feasible and prudent.”

25. “Feed lines” means cables used as the interconnecting media between the transmission/receiving base station and the antenna.

26. Fence” means a fence other than one made of chain link, chicken wire, or similar materials.

27. “Flush mounted” means any antenna or antenna array attached directly to the face of the support structure or building in a manner that permits mechanical beam tilting if necessary but such that no portion of the antenna extends above the height of the support structure or building.

28. “Geographic search area” means an area designated by a wireless provider or operator for a new base station or WCF, produced in accordance with generally accepted principles of wireless engineering.

29. “Guy wire” means any wire or cable that provides structural support between a tower and the ground.

30. “Height (tall structure)” means the vertical distance measured from finished grade to the highest point of the tall structure, not including appurtenances or equipment affixed thereto.

31. “Landscape” means:

a. An expanse of natural scenery; or

b. To add lawns, trees, plants and other natural and decorative features to land.

32. “Monopole” means a style of freestanding WCF consisting of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of WCF is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building’s roof.

33. “Nonconcealed” means a tall structure that has not been treated, camouflaged, or disguised to blend with its surroundings and is readily identifiable.

34. “Propagation study” means a computer generated study estimating the signal emanating, and prediction of coverage, from antennas or repeaters sited on a specific tower or structure.

35. “Radio frequency emissions” or “RF” means any electromagnetic or other communication signal emitted from an antenna that is regulated by the FCC.

36. “Screening” means a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.

37. Setback” means the required distance between the tall structure and the property line or right-of-way line to allow for a fall radius.

38. “Site” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), as may be amended, which provides that:

[f]or 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.

39. Structure” means anything which is constructed or erected and located on or under the ground, or attached to something fixed to the ground, including the following:

a. A building, regardless of size, purpose, or permanence;

b. A tower, sign, antenna, pole or similar structure;

c. A basement, foundation, or mobile home pad;

d. A fence;

e. A sign;

f. A street, road, sidewalk, driveway, parking area, or storage area.

40. “Section 6409(a)” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156 (February 22, 2012) (codified at 47 U.S.C. § 1455(a)), and the Federal Communications Commission’s regulations codified at 47 U.S.C. § 1.40001 et seq.

41. “Substantial change” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended, which defines that term differently based on the particular facility type and location. For convenience purposes, the restated definition in this chapter organizes the FCC’s criteria and thresholds for a substantial change according to the facility type and location.

a. For towers outside the public rights-of-way, a substantial change occurs when any of the following are true:

i. The proposed collocation or modification increases the overall height more than ten (10) percent or the height of one (1) additional antenna array not to exceed twenty (20) feet (whichever is greater); or

ii. The proposed collocation or modification increases the width more than twenty (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

iii. 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 (4); or

iv. 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; or

v. The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the planning director; or

vi. The proposed collocation or modification violates a prior governmental condition of approval; provided, however, that the collocation need not comply with any prior governmental 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.

b. For towers in the public rights-of-way and for all base stations wherever located, a substantial change occurs when any of the following are true:

i. The proposed collocation or modification increases the overall height more than ten (10) percent or ten (10) feet (whichever is greater); or

ii. The proposed collocation or modification increases the width more than six (6) feet from the edge of the wireless tower or base station; or

iii. 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

iv. The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are ten (10) percent larger in height or volume than any existing ground-mounted equipment cabinets; or

v. The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground; or

vi. The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the planning director; or

vii. The proposed collocation or modification violates a prior governmental condition of approval; provided, however, that the collocation need not comply with any prior governmental 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.

Note: 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 25, 2012, the date that Congress passed Section 6409(a).

42. “Tall structure” or “tall tower” means a structure that is over one hundred (100) feet above grade. The term includes, but is not limited to, tethered balloons, flagpoles, sculptures, buildings, water tanks, derricks, cranes, signs, chimneys, area illumination poles, towers, broadcast facilities, and supports for communication.

43. “Telecommunication” means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

44. “Tower,” as applied to wireless facilities, means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(9), as may be amended, which defines that term as:

[a]ny 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.

Examples include, but are not limited to, monopoles, mono-trees and lattice towers.

45. “Tower base” means the foundation, usually concrete or steel, on which the tower and other support equipment is situated. For measurement calculations, the tower base is that point on the foundation reached by dropping a perpendicular from the geometric center of the tower.

46. “Tower height” means the vertical distance measured from the natural lay of the land or ground to the uppermost point of a freestanding or guyed telecommunication tower or other type of tall tower and includes any antenna, beacon, light or other structure(s) attached to the tall tower.

47. “Transmission equipment” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended, which defines that term as:

[e]quipment 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.

48. “Wind energy conversion system (WECS)” means any device such as a wind charger, windmill, turbine, energy ball, wind tower, or another similar device, which is typically mounted to a tower or pole, and its associated mechanical and electrical equipment, which is designed to convert wind energy to a form of usable energy.

49. “Wireless” means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum. This term is broader than personal wireless services as defined in 47 U.S.C. § 332(c)(7)(C)(i), and includes but is not limited to Wi-Fi, broadcast, satellite and other similar over-the-air services.

50. “Wireless communication facility (WCF)” means any manned or unmanned location for the transmission and/or reception of radio frequency signals or other wireless communications, and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure. The following developments shall be considered a WCF: developments containing new, mitigated, or existing antenna support structures, public antenna support structures, replacement antenna support structures, collocation on existing antenna support structures, attached wireless communications facilities, concealed wireless communication facilities, and nonconcealed wireless communication facilities. [Ord. 15-27 § 3.]