§ 2-3. Definitions.
Abandonment: Cessation of use of a wireless support structure for wireless telecommunications activity for at least the minimum period of time specified under this Ordinance.
Accessory building: A building that is located on the same parcel of property or manufactured home or recreational vehicle park space as the principal structure or use and the use of which is incidental to the use of the principal use or structure, except for accessory parking facilities located elsewhere plus pole barns, hay sheds, and the like qualify as accessory structures on farms and may or may not be located on the same parcel as the farm dwelling or shop building. Garages and carports are common accessory buildings. If a building is used for any residential, principal, or permitted use, it is not an accessory building. An accessory building can be attached to or detached from the principal structure.
Accessory equipment: Any equipment serving or being used in conjunction with a wireless facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
Accessory structure (appurtenant structure): A structure that is located on the same parcel of property or on the same manufactured home or recreational vehicle park space as the principal structure or use and the use of which is incidental to the use of the principal structure or use, except for accessory parking facilities located elsewhere plus pole barns, hay sheds, and the like qualify as accessory structures on farms and may or may not be located on the same parcel as the farm dwelling or shop building. Garages, carports, and storage sheds are common urban accessory structures. If a structure is used for any residential, principal, or permitted use, it is not an accessory structure. An accessory structure can be attached to or detached from the principal structure.
Accessory use: A subordinate use, clearly incidental and related to the principal structure or use of land, and located on the same parcel of property or manufactured home or recreational vehicle park space as that of the principal structure or use, except for accessory parking facilities located elsewhere. If a parcel is used for any residential, principal, or permitted use, it is not an accessory use.
Administrative approval: Approval that the Planning Director or designee is authorized to grant after administrative review.
Administrative review: Non-discretionary evaluation of an application by the Planning Director or designee.
Anemometer: An instrument that measures wind speed and might transmit that wind speed data to a controller.
Antenna: Communications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.
Base station: A station at a specific site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics.
Blade glint: The intermittent reflection of the sun off the surface of the blades of one or more wind turbines.
Board of Adjustment: The Board of Adjustment is comprised of the members of the Zoning Board of Adjustment that is established by the Zoning Ordinance.
Carrier on wheels or cell on wheels (COW): A portable self-contained wireless facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.
Co-location: The use of an existing tower or 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, shall not deem a situation to be "commercial impracticable" and shall not render an act or the terms of an agreement "commercially impracticable".
Complete or completed application: An application that contains all information and/or data necessary to enable an informed decision to be made with respect to that application.
Concealed wireless facility: Any wireless facility that is integrated as an architectural feature of an existing structure or any new wireless support structure designed to camouflage or conceal the presence of antennas or towers so that the purpose of the facility or wireless support structure is not readily apparent to a casual observer.
Conservation area: Such areas include natural areas protected by law, such as wetlands that meet the definition in the Clean Water Act; shore land areas; water bodies; riparian buffers; populations of endangered or threatened species, or habitat for such species; archaeological sites, cemeteries, and burial grounds; important historic sites; other significant natural features and scenic viewsheds; and existing trails or corridors that connect the tract to neighboring areas.
Electrical transmission tower: An electrical transmission structure used to support high voltage overhead power lines. The term shall not include any utility pole.
Equipment compound: An area surrounding or near the base of a wireless support structure within which are located wireless facilities.
Existing structure: A wireless support structure, erected prior to the application for co-location or substantial modification under this Ordinance, that is capable of supporting the attachment of wireless facilities, including, but not limited to, electrical transmission towers, buildings and water towers. The term shall not include any utility pole.
FAA: The Federal Aviation Administration or successor agency.
Fall zone: The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.
FCC: The Federal Communications Commission or successor agency.
Height: The distance measured from the lowest adjacent grade to the highest point of the structure (including any attachments, such as a lightening [lightning] protection device, roof peak, but excluding chimneys, antennas and similar structures), of a sign, or a turbine rotor or tip of the turbine blade when it reaches its highest elevation.
Maintenance: The cleaning, painting, repair, or replacement of defective parts (including plumbing, electrical, or mechanical work that might require a building permit) in a manner that does not alter the basic design or composition of a structure , such as a sign, wind turbine, wireless telecommunications facility, or other structure.
Meteorological measuring device: An instrument, such as an anemometer, that measures wind speed and might transmit that wind speed data to a controller.
Modification or modify: Any change, addition, swap-out, exchange, and the like that does not qualify as "repairs and maintenance" is a modification. Also included is any change, addition, swap-out, exchange, and the like that requires or results in changes and/or upgrades to the structural integrity of the wireless facility.
A modification shall include any other addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as 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 a telecommunications tower or telecommunications site as a co-location is a modification.
A modification shall not include the replacement of any components of a wireless facility where the replacement is similar to, and no bigger than, the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing, or changing anything.
Monopole: A single, freestanding pole-type structure supporting one or more antennas. For the purposes of this Ordinance, a monopole is not a tower or a utility pole.
Necessary: What is technologically required for the equipment to function as designed by the manufacturer and that anything less will result in prohibiting or acting in a manner that prohibits the provision of service as intended and described in the narrative of the application. Necessary does not mean what may be desired or preferred technically.
NIER: Non-ionizing electromagnetic radiation.
Ordinary maintenance: Ensuring that wireless facilities and wireless support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing and modifications that maintain functional capacity and structural integrity; for example, the strengthening of a wireless support structure's foundation or of the wireless support structure itself. Ordinary maintenance includes replacing accessory equipment within an existing equipment compound. Ordinary maintenance does not include modifications or substantial modifications. However, ordinary maintenance does not include adding to the height or profile of a support structure.
Person: An individual, trustee, executor, receiver, other fiduciary, corporation, firm, partnership, association, organization, club, or other entity acting as a unit.
Personal wireless facility: A variety of wireless telecommunications facility.
Personal wireless services (PWS) or personal telecommunications service (PTS): A PWS or PTS shall have the same meaning as defined and used in the 1996 Telecommunications Act.
Repair: The replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the structure or that would affect or change required existing facilities, a vital element of an elevator, plumbing, gas piping, wiring, or heating installations, or that would be in violation of a provision of law or ordinance. The term "repair" or "repairs" shall not apply to any change in construction.
Replacement pole: Pole of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate co-location. Requires removal of the wireless support structure it replaces.
Residential zoning districts: The RA, R-35, R-20, R-15, R-15M, R-10, and R-5W zoning districts.
RF radiation: Radio frequency (RF) radiation is emitted by transmitting antennas and is a form of electromagnetic radiation.
Shadow flicker: The visual effect that results when the blades of an operating wind energy facility pass between the sun and an observer and cast a readily observable, moving shadow on a person or property and the immediate vicinity.
State: The State of North Carolina.
Stealth or stealth technology: A design or treatment that minimizes aesthetic and visual impacts of a wireless telecommunications facility on its surroundings, which shall mean using a design that is less visually and physically intrusive but is not technologically or commercially impracticable under the facts and circumstances.
Stealth or camouflage: Facility design or camouflage where the result is to make the wireless telecommunications facility less visually intrusive.
Substantial modification: The mounting of a proposed wireless facility or wireless facilities on a wireless support structure that:
1.
Increases the existing vertical height of the wireless support structure by:
A.
More than ten percent, or
B.
The height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; or
2.
Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than 20 feet, or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable); or
3.
Increases the square footage of the existing equipment compound by more than 2,500 square feet.
Tall structure: A structure that is taller than 60 feet and is not otherwise exempt from these regulations.
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: A wireless telecommunications facility.
Telecommunications structure: A structure used in the provision of services described in the definition of wireless telecommunications facilities.
Temporary: Something intended to exist or does exist for fewer than 180 days, except for an anemometer or other meteorological measuring device that is used to test the wind conditions, which are considered temporary when it exists for two years or less.
Tower: Any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.
1.
Lattice tower : A three-or four-legged steel girded structure, typically supporting multiple communications users and services.
2.
Monopole tower : A single-pole design, with a wide base and narrowing at the top.
Utility pole: A structure owned and/or operated by a public utility, municipality, electric membership corporation, or rural electric cooperative that is designed specifically for and used to carry lines, cables, or wires for telephone, cable television, or electricity, or to provide lighting.
Water tower: A water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.
Wind energy facility (WEF): An electricity-generating facility, whose primary purpose is to supply electricity and consists of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines, and other appurtenant structures and/or facilities.
Wind energy facility, large system: A wind energy facility that has a rated capacity of more than 25 kilowatts (kW) and less than 1,000 kW.
Wind energy facility, small system: A wind energy facility that has a rated capacity of not more than 25 kW. Such a facility is used primarily for on-site consumption, is an accessory use, and consists of no more than one wind turbine and any associated tower, control and/or conversion electronics.
Wind energy facility, utility-scale: A wind energy facility that has a rated capacity of 1,000 kW or more.
Wind farm: A "Wind Energy Facility, Utility Scale" is a wind farm.
Wind power: Electricity that is generated by converting the rotation of turbine blades into electrical current by means of an electrical generator.
Wind pump: A type of windmill used for pumping water from a well or for draining land.
Wind tower: The structure on which a wind driven machine that converts wind energy into electrical power is mounted.
Wind turbine: A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator. Such a system might include a nacelle, rotor, tower, pad transformer, and other appurtenant structures and/or facilities.
Wind turbine height: The distance measured from the lowest adjacent grade to the highest point of the structure, including any attachments, such as a lightening [lightning] protection device or a turbine rotor or tip of the turbine blade when it reaches its highest elevation.
Windmill: A wind energy conversion system that uses rotating blades to convert the energy of the wind into mechanical energy to do physical work, such as crushing grain or pumping water.
Wireless facility: The set of equipment and network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, base stations, power supplies, cabling and associated equipment necessary to provide wireless telecommunications services.
Wireless support structure: A freestanding structure, such as a monopole or tower, designed to support wireless facilities. This definition does not include utility poles.
Wireless telecommunications facility (WTF): A structure, facility, or location designed, intended to be used, or used to support one or more antennas or other transmitting or receiving devices. This includes towers of all types, kinds, and structures, including, but not limited to, buildings, church steeples, silos, water towers, signs, or other structures that can be used as a support structure for antennas or the functional equivalent of such. A WTF also includes all related facilities and equipment, 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, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services, and any commercial wireless telecommunication service not licensed by the FCC. A "telecommunications site" or a "personal wireless facility" is a wireless telecommunication facility.
Wireless telecommunication services (WTS): Licensed or unlicensed wireless telecommunication services including cellular, digital cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), commercial or private paging services, or similar services marketed or provided to the general public. This definition does not include services by non-commercial entities in the Amateur Radio Service, Public Safety Radio Service, or licenses assigned to non-profit organizations, such as the Red Cross, Civil Air Patrol, and Military Affiliated Radio Service (MARS) that are licensed by the Federal Communications Commission.
(Ord. of 1-13-14(3); Ord. of 2-10-14)