Skip to main content
Loading…
This section is included in your selections.

A. Alternative tower structure” means manmade trees, clock towers, bell steeples, light poles, buildings, and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflage or conceal the presence of antennas or towers so as to make them architecturally compatible with the surrounding area pursuant to this title. This term also includes any antenna or antenna array attached to an alternative tower structure. A stand-alone pole that that accommodates small wireless facilities is considered an alternative tower structure to the extent it meets the concealment standards of this code.

B. Antenna” means any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to, panel antennas, reflecting discs, microwave dishes, whip antennas, directional and nondirectional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices and configurations, and exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals.

C. Attached wireless communications facility” means a wireless communications facility that is affixed to an existing structure other than a tower. Examples of attached wireless communications facilities include antennas affixed to or erected upon existing buildings, water tanks, or other existing structures or replacement structures (such as in the case of a replacement stadium/ballfield light pole or a parking lot light standard).

D. Base station” means the structure or equipment at a fixed location that enables wireless communications, licensed or authorized by the FCC, between user equipment and a communications network. By way of example, a building, ballfield structure or a utility pole becomes a base station once wireless facilities are permitted and attached. The term does not encompass a wireless communications tower as defined in this title or any equipment associated with a wireless communications tower.

E. Concealment” or “concealment design techniques” means that a wireless communications facility is concealed or utilizes concealment when any measures are used in the design and siting of wireless communications facilities intended to make the facility look like something other than a wireless tower or base station. For example, a wireless communications facility site utilizes concealment design techniques when it (1) is integrated in an outdoor fixture such as a flagpole, or (2) uses a design which mimics and is consistent with the nearby natural or architectural features (such as an artificial tree), or (3) is incorporated into (including, without limitation, being attached to the exterior of such facilities and painted to match it, such as a belvedere or a dormer), or replaces existing permitted facilities (including, without limitation, freestanding light standards) so that the presence of the wireless communications facility is not readily apparent. The terms do not include fencing and landscape screening that is used to enhance visual compatibility at ground level.

F. Carrier” means a company providing wireless communications services, also referred to as a wireless service provider.

G. Co-location” means: (1) mounting or installing a WCF on a preexisting structure, and/or (2) modifying a structure for the purpose of mounting or installing a WCF on that structure. Provided that, for purposes of eligible facilities requests, “co-location” means the 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.

H. Eligible facilities request (EFR)” means any request for modification of an existing wireless communications tower or base station that was previously authorized by the local permitting jurisdiction and that does not substantially change, as defined in this section, the physical dimensions of such wireless communications tower or base station from the original authorization involving: (1) co-location of new transmission equipment, (2) removal of transmission equipment, or (3) replacement of transmission equipment.

I. Eligible support structure means an existing wireless communications tower or base station as defined in this title and that has proposed alterations that meet the standards of an eligible facilities request.

J. Equipment facility” means a structure used to contain ancillary equipment for a WCF which may include cabinets, shelters, an addition to an existing structure, pedestals and other similar structures.

K. Emergency wireless communications facility (EWCF)” means any structure not entirely within an enclosed building or vehicle, including antennas, guy wires, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory buildings, i.e., equipment storage buildings, energy power generating housing, and the leased or owned property surrounding the wireless communications tower and any access or utility easements, that is used for the transmission or reception of electromagnetic waves for emergency communication purposes, operated by a local public agency responsible for providing emergency services.

L. Existing” means a constructed tower or base station 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.

M. Microcells” are small wireless facilities consisting of an antenna that is either: (1) no more than four feet in height and with an area of not more than 580 square inches; or (2) if a tubular antenna, no more than four inches in diameter and no more than six feet in height.

N. Monopole” means a single, freestanding pole-type structure supporting one or more antennas.

O. Separation” means minimum distance required by city regulation between the base of towers.

P. Site” for purposes of this chapter means, for wireless communications towers other than wireless communications towers in the public way, the current boundaries of the leased or owned property surrounding the wireless communications 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. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to February 22, 2012, or otherwise outside of the Spectrum Act’s Section 6409(a) process.

Q. Small wireless facilities” shall mean the definition contained in Chapter 20.14 ACC, including microcells, and may be permitted either within or outside of the public way, in accordance with applicable law.

R. Substantial change” for purposes of this chapter means a modification that alters the physical dimensions of an eligible support structure if, after the modification, the structure meets any of the following criteria:

1. For towers other than towers in the public way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the top of nearest existing antenna to the bottom of the new antenna, not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;

2. For towers other than towers in the public way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

3. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;

4. It entails any excavation or deployment outside the current site as that term is defined in this section except that, for towers other than towers in the public way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;

5. It would defeat the concealment elements of the eligible support structure; or

6. It does not comply with conditions associated with the original approval of the construction or modification of the eligible support structure or base station equipment, unless noncompliance is only in a manner that would exceed the thresholds identified in subsections (R)(1) through (4) of this section.

For purposes of determining whether a substantial change exists, changes in height are measured from the original support structure as it existed at the time the first eligible facilities request was approved for that structure in cases where facilities are or will be separated horizontally; in other circumstances, changes in height are measured from the dimensions of the wireless communications tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012.

S. Support structure” means a structure designed to support WCFs including, but not limited to, towers, alternative tower structures, replacement poles, and other freestanding self-supporting pole structures.

T. Toll” and “tolling” mean to delay, suspend or hold off on the imposition of a deadline, statute of limitations or time limit.

U. Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

V. Wireless communications” means the provision of any personal wireless service, as defined in the Telecommunications Act of 1996, as amended, or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services.

W. Wireless communications facility (WCF)” means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include an accessory wireless communications antenna, used for serving that building only and that is otherwise permitted under other provisions of the ACC. A WCF includes an antenna or antennas, including, without limitation, directional, omni-directional and parabolic antennas, support equipment, alternative tower structures, and wireless communications towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand-held radios or telephones and their associated transmitting antennas, nor does it include other facilities specifically exempted from the coverage of this title. (Ord. 6799 § 4 (Exh. D), 2020; Ord. 6716 § 1 (Exh. A), 2019; Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 5645 § 1, 2002; Ord. 5020 § 1, 1997.)