§ 12.3. Definitions.

In addition to the definitions contained in article IV, the following definitions and rules of construction shall apply to this article without regard to the rules of capitalization. In the event of a conflict, the definitions in this article shall control.

Accessory equipment means any equipment serving or being used in conjunction with a telecommunications facility or antenna support structure. Accessory equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets, storage sheds, shelters, base stations or other structures.

Administrative permit means the permit granted by the code enforcement officer after finding that an eligible facilities request meets the requirements of this article and is appropriate for expedited permitting as set forth in section 12.8.

Antenna means any structure or device used to collect or radiate electromagnetic waves for the provision of wireless telecommunications services including, but not limited to, cellular, paging, personal communication services and microwave communications. Such structures and devices include directional antennas, microwave dishes, satellite dishes and omnidirectional antennas, such as whips. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.

Antenna support structure means any building or structure other than a tower, which can be used to support telecommunications facilities.

Application means the request to place, modify or construct wireless facilities in accordance with this article. The application includes all written documentation, verbal statements and representations, in whatever form, made by an applicant concerning such request.

Camouflage means any technique that is designed to blend telecommunications facilities, with the surrounding environment such as architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look similar to light poles, power poles and trees.

Code official means the code enforcement officer for the City of Atmore or designee.

Co-location means site sharing; i.e., the placement of additional antenna and/or accessory equipment on an existing tower or antenna support structure that is currently permitted for the use of wireless facilities.

Concealed telecommunications facility means any facility that is integrated as an architectural feature of an existing structure or a new support structure designed so that the purpose of the facility or support structure for providing wireless services is not readily apparent to the casual observer.

Communications services means the transmission of writing, signs, signals, pictures, sounds or other forms of intelligence through wire, wireless or other means, including, but not limited to, any "telecommunications service", "cable service", "enhanced service", "information service", or "internet service", as such terms are now, or may in the future be, defined under federal law, and including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.

Commission means the planning commission for the City of Atmore, Alabama.

Day means calendar day; "business day" means Monday through Friday.

Eligible facilities request means a request to make minor modifications to existing facilities.

Engineer(s) means any engineer licensed by the State of Alabama and shall include, but not be limited to, RF (radio frequency) engineers, structural engineers or civil engineers who have the requisite training and are competent to certify engineering reports related to the telecommunications industry.

Facilities means wireless telecommunications facilities, as defined herein.

Facilities owner means all of the person(s) who will be responsible for operating the facilities, maintaining the facilities, and who will be providing communications services by use of the facilities.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means the distance measured from the adjacent ground level to the highest point on the tower structure and appurtenances.

Minor modification means any change to an existing facility that does not constitute a substantial change, as determined by the code official, generally including:

1.

Replacing a guyed tower with a monopole or unipole, provided the replacement tower otherwise conforms to this ordinance;

2.

Replacing a monopole with a unipole, provided the replacement tower otherwise conforms to this ordinance;

3.

Replacing visible facilities with concealed facilities, provided the replacement facilities otherwise conform to this ordinance;

4.

Co-location of transmission equipment;

5.

Replacing transmission equipment;

6.

Removal of transmission equipment;

7.

Installing a generator that will be used solely for power interruptions.

Substantial change. The following work shall constitute a substantial change:

1.

New or replacement towers, unless the code official determines that such tower constitutes a minor change.

2.

Increasing the height of an existing tower by more than ten percent;

3.

When the mounting of a new antenna would involve the installation of more than four equipment cabinets or more than one new equipment shelter;

4.

When the mounting of a new antenna would involve adding an appurtenance to the body of the existing structure that would protrude from the edge of the existing structure more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable;

5.

When mounting an antenna would involve excavation outside the current existing site, defined as the boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site.

Substantial damage means the aggregate of the replacement or reconstruction costs equal to or exceeding 50 percent of the fair market value of the facilities.

Wireless telecommunications facilities or facilities means cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications services (other than radio or television broadcast communications) which a person seeks to locate or install upon or near a tower or antenna support structure. This term includes towers. The term "wireless telecommunications facilities" shall not include:

1.

Any satellite earth station antenna six feet in diameter or less which is located in an area zoned industrial or commercial.

2.

Any satellite earth station antenna three feet or less in diameter, regardless of zoning category.

3.

Any federally licensed amateur radio station operators (i.e., ham radio).

Tower means any structure built for the sole or primary purpose of supporting FCC licensed antennas and their associated facilities.

(Ord. No. 05-2013, 5-13-2013)