As used in this chapter, the following terms shall have the meanings indicated:
ANTENNACommunications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
APPLICABLE CODESUniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons to the extent not inconsistent with the terms of this article.
APPLICANTAny person who submits an application and is a wireless provider.
APPLICATIONA request submitted by an applicant:
A. For a permit to co-locate small wireless facilities; or
B. To approve the installation or modification of a utility pole or wireless support structure.
CITY POLEA. A utility pole owned, managed or operated by the City or any subdivision thereof or any instrumentality of the same, including municipal electric utilities, in the rights-of-way, including a utility pole; and
B. A pole or similar structure owned, managed or operated by the City in the ROW that supports only wireless facilities.
CO-LOCATETo install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. "Co-location" has a corresponding meaning.
DECORATIVE POLEA pole that is specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than a small wireless facility or specially designed informational or directional signage or temporary holiday or special events attachments, have been placed or are permitted.
HISTORIC DISTRICTA group of buildings, properties, or sites that are either listed in the National Register of Historic Places or formally determined eligible for listing by the keeper of the National Register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the National Register in accordance with Section VI.D.1a.i-v of the Nationwide Programmatic Agreement codified at 47 CFR Part
1, Appendix C.
MICRO WIRELESS FACILITYA small wireless facility that meets the following qualifications:
A. Is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height; and
B. Any exterior antenna is no longer than 11 inches.
PERMITA written authorization required by the City to perform an action or initiate, continue, or complete a project.
PERSONAn individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City.
RIGHTS-OF-WAY or ROWThe area on, below, or above a public roadway, highway, street, sidewalk, alley, utility easement, or similar property, but not including a federal interstate highway.
SMALL WIRELESS FACILITYA wireless facility that meets both of the following qualifications:
A. Each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and
B. All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
TECHNICALLY FEASIBLEThat, by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location, can be implemented without a reduction in the functionality of the small wireless facility.
UTILITY POLEA pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or similar function, or for co-location of small wireless facilities, provided such term shall not include wireless support structures or electric transmission structures.
WIRELESS FACILITY or WIRELESS TELECOMMUNICATIONS FACILITYA. Equipment at a fixed location that enables wireless communications between user equipment and a communications network; including:
(1) Equipment associated with wireless communications; and
(2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
B. The term includes small wireless facilities.
C. The term does not include:
(1) The structure or improvements on, under, or within which the equipment is co-located; or
(2) Coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDERAny person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures, but that is not a wireless services provider.
WIRELESS SERVICESAny services, whether at a fixed location or mobile, provided using wireless facilities.
WIRELESS SUPPORT STRUCTUREA structure, such as a monopole; tower, either guyed or self-supporting; billboard; building; or other existing or proposed structure, designed to support or capable of supporting wireless facilities, other than a structure designed solely for the co-location of small wireless facilities. Such term shall not include a utility pole.