§ 94-522. Definitions.

(a)

Except as specifically defined herein, all words used in this article shall be as defined in The Latest Illustrated Book of Development Definitions (2007, Rutgers). Words not defined herein or in the above-referenced text shall be construed to have the meaning given by common and ordinary usage and shall be interpreted within the context of the sentence, section and article in which they occur.

(b)

For the purpose of this article, certain words or terms used herein shall be defined as follows:

(1)

Words used in the singular include the plural and words used in the plural include the singular.

(2)

Words used in the present tense include the future tense.

(3)

The word "erected" includes the words "constructed," "located" or "relocated."

(4)

The word "map" or "zoning map" means the zoning map of Fayetteville, Georgia.

(5)

The word "parcel" includes the word "plot" or "lot."

(6)

The word "person" includes the words "individuals," "firms," "partnerships," "corporations," "associations," "governmental bodies" and all other legal entities.

(7)

The word "shall" is always mandatory and never discretionary.

(8)

The words "used" or "occupied" include the words "intended, arranged or designed to be used or occupied."

(c)

Definitions:

Alternative tower structure: Clock towers, bell towers, church steeples, light/power poles, electric transmission towers, man-made trees and similar natural or man-made alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. An alternative tower structure may include a pre-existing building.

Antenna: Any exterior apparatus designed for wireless telecommunication, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Base station: A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base station includes, without limitation:

(1)

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(2)

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration [including distributed antenna systems ("DAS") and small-cell networks].

(3)

Any structure other than a tower that, at the time the relevant application is filed the department under this section supports or houses equipment described in paragraphs (a)(i)-(a)(ii) that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not build for the sole or primary purpose of providing that support.

Co-location: The placement of the antennas of two (2) or more service providers upon a single tower or alternative tower structure.

Department: The Fayetteville department of building and inspections.

Eligible facilities request: Request for modification of an existing wireless tower or base station that involves:

(1)

Co-location of new transmission equipment;

(1)

Removal of transmission equipment; or

(3)

Replacement of transmission equipment.

Eligible support structure: Towers or base stations as defined in this section, provided that it is existing at the time the relevant application if filed with the department under this section.

Existing: A constructed tower or base station is existing for the purposes of this section 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 because it was not in a zoned area when it was built, but was lawfully constructed, is existing for the purposes of this section.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

Geographic search area: The geographic area within which the placement of an antenna is necessary to meet the engineering requirements of an applicant's cellular network or other broadcasting need.

Governing authority: Mayor and council of Fayetteville, Georgia.

Height: When referring to a tower or other structure, shall mean the distance measured from ground level to the highest point on the tower structure or appurtenance, including antennas or lightning rods.

Preexisting towers and antennas: Structures as set forth in subsection 94-523(c) of this article.

Public officer: As used in O.C.G.A. §§ 41-2-7—41-2-17, shall mean the director of the Fayetteville department of building and inspections.

Site: For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and ant 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.

Substantial increase in size: Shall mean:

(1)

Any increase in tower height by more than:

a.

Ten percent, or by the height of additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater;

(2)

For towers in the ROW and all base stations, an increase in the height of the tower by more than ten percent or ten feet, whichever is greater;

(3)

For towers outside of the ROW, a protrusion from the edge of the tower b more than 20 feet or more than the width of tower, whichever is greater;

(4)

For towers in the ROW and all base stations, a protrusion from the edge of the structure by more than six feet;

(5)

The installation of more than the standard number of new equipment cabinets for the technology involved, with the total number not to exceed four;

(6)

The excavation outside existing leased or owned property and current easements;

(7)

Compromising the existing concealment/camouflage elements of the tower or base station; or

(8)

The change does not comply with conditions associated with prior zoning/development approval, or previous modification of the tower or base station, unless noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds.

Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telecommunication towers, man-made trees, alternative tower structures and other similar structures.

Transmission equipment: Equipment that facilitates transmission for and FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial of fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to, private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Visual quality: The appropriate design, arrangement and location of tower structures in relation to the built or natural environment to avoid abrupt or severe differences.

(Ord. No. 0-2-17 , art. 1, 3-2-17)