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
merely directory.
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;