Sec. 27-363. Definitions.
For purposes of this article, 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
Accessory facility or accessory structure means an accessory facility or accessory structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets.
Applicant means any wireless service provider submitting an application for a permit for wireless telecommunications facilities.
Application means all necessary and appropriate documentation that an applicant submits in order to receive a permit for wireless telecommunications facilities.
Antenna means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.
Co-location means the use of an existing tower or structure to support antennae for the provision of wireless services. A replacement tower that is constructed on the same site as an existing tower will be considered a co-location as long as the new tower is no taller than the old tower and that the old tower is removed in a reasonably short time frame after the new tower is constructed.
Commercial impracticability or commercially impracticable means 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 “commercially impracticable” and shall not render an act or the terms of an agreement “commercially impracticable”.
Completed application means an application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.
Conditional use permit means the official document or permit, as defined in Sec. 27-2 of this Code, by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the city, and in accordance with Sec. 27-56 of this Code.
Council or city council means the council of the City of Norfolk, Nebraska.
Distributed antenna system or DAS means a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.
Eligible facility means a facility as defined in FCC 14-153.
Eligible facility permit means an official zoning permit approved and issued by the director of planning and development for applications for facilities that meet the definition of an “eligible facility”.
FAA means the Federal Aviation Administration, or its duly designated and authorized successor agency.
FCC means the Federal Communications Commission, or its duly designated and authorized successor agency.
Height means, when referring to a tower or 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.
Modification or modify means, the 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 identical to 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.
NIER means Non-Ionizing Electromagnetic Radiation.
Person means any firm, partnership, association, corporation, organization, club, society, group acting as a unit, or body politic and corporate, as well as to an individual.
Personal wireless facility (See definition for “Wireless telecommunications facilities”)
Personal communications service or PCS shall have the same meaning as defined and used in the 1996 Telecommunications Act.
Personal wireless services or PWS shall have the same meaning as defined and used in the 1996 Telecommunications Act.
Repairs and maintenance means the replacement of any components of a wireless facility 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 without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.
Planning Commission means the Planning Commission of the City of Norfolk, Nebraska, with such responsibilities as outlined under Sec. 19-1 of this Code.
Small wireless facility or small cell means a wireless facility: (1) mounted on a structure 50 feet or less in height, including their antennas, or mounted on a structure no more than 10 percent taller than other adjacent structures; (2) each antenna associated with the deployment is no more than three cubic feet in volume; and (3) all other wireless equipment associated with the structure, whether ground-mounted or pole-mounted, is no more than 28 cubic feet in volume. This article applies to small wireless facilities located on private property but does not apply to small wireless facilities located in the City’s right of way.
State means the State of Nebraska.
Stealth or stealth technology means to minimize 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 using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
Telecommunications means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
Telecommunication site (See definition for wireless telecommunications facilities).
Telecommunications structure means a structure used in the provision of services described in the definition of “wireless telecommunications facilities”.
Temporary means, in relation to all aspects and components of this article, something intended to, or that does not exist for more than ninety (90) days.
Tower means any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.
Wireless telecommunications facilities means and includes a “telecommunications site” and “personal wireless facility”. It means a structure, facility or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices. This includes without limit, towers of all types and 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. It further 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. As used in this article, the term “wireless telecommunications facilities” includes small wireless facilities located on private or city property but does not include small wireless facilities located within the City’s right of way.
Source: Ord. No. 5677, § 2, 08-17-2020;