§ 4-85. Definitions.

Antenna means communication equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

Applicable codes means uniform building, energy, electrical, plumbing, mechanical, gas, and fire codes in Title 6, Chapter 9 of the South Carolina Code of Laws, local amendments to those codes authorized by state law, and local codes or ordinances which impose requirements defined in Section 4-89 of this Ordinance including objective design and concealment standards to regulate location, context, material, color, stealth and concealment standards on a uniform and nondiscriminatory basis.

Applicant means any person who submits an application to a city and is a wireless services provider or a wireless infrastructure provider.

Application means a request submitted by an Applicant for a permit to (i) collocate small wireless facilities; or, (ii) construct, install, maintain, operate, replace or modify a utility pole or wireless support structure.

Cable, communications, fiber or electric easement means an easement, granted to a cable or video service provider, a communications service provider (including without limitation a telephone utility), a fiber optics cable services provider, or an electric services provider created or authorized by state law to provide such services, that runs parallel to and abuts or within a rights-of-way and is occupied by existing utility poles or wireless support structures carrying electric distribution lines, wires, cable, conduit, fiber optic cable for telecommunications, cable or electric service or supporting municipal street lights, or security lights. The term cable, communications, fiber or electric easement excludes easements for service drops or lines connecting the customer's premises to the cable, communications, fiber or electrical provider.

City-owned pole means (i) a Utility Pole owned or operated by the city in covered areas, including a utility pole that provides lighting or traffic control functions, or other law enforcement functions, including light poles, traffic signals, and structures for signage, and (ii) a pole or similar structure owned or operated by the city in a covered area that supports only wireless facilities. The term does not include a utility pole owned or operated by and accounted for as an asset of a municipal electric utility.

Collocate means to install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to an existing wireless support structure or utility pole located in covered areas within the jurisdiction of the City. Collocation has a corresponding meaning.

Covered areas means the surface of, and the space above and below, any public "rights-of-way," "row," "city rights-of-way," "public rights-of-way," and/or "cable, communications, fiber or electric easement" as those terms are defined herein.

Day means calendar day unless the last day for the city or an applicant to take action under this article ends on a weekend, holiday, or time when all but city emergency services are closed due to weather or some unforeseen situation.

Decorative pole means a utility pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or a temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal practices.

Design district means an area that is zoned, or otherwise designated by municipal ordinance, and for which the City maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.

Fee means a one-time charge.

Historic district means an area that is zoned or otherwise designated as a historic district under municipal, state or federal law and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.

"Micro wireless facility means a small wireless facility that meets the following qualifications:

(1)

Is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height; and

(2)

Any exterior antenna is no longer than twelve (12) inches.

Person means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the city.

Rate means a recurring charge.

Rights-of-way or ROW or city rights-of-way or public rights-of-way means that area on, below, or above a public roadway, highway, street, sidewalk, alley dedicated to, managed or controlled by the city, county or the State of South Carolina, but not including a federal interstate highway, in the city.

Small wireless facility means a wireless facility that meets both of the following qualifications:

(1)

Each antenna is located inside an enclosure of no more than six (6) cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of not more than six (6) cubic feet; and

(2)

All other wireless equipment associated with the facility is cumulatively no more than twenty-eight (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, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

Transmission pole means a pole or similar structure that is used in whole or in part to carry electric transmission (as opposed to distribution) lines.

Underground district means an area that is designated by ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing above ground structures in a covered area and for which the city maintains and enforces standards on a uniform and nondiscriminatory basis.

Utility pole means a pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control devices, traffic control or directional signage, or a similar function regardless of ownership, including city-owned poles. Such term shall not include structures supporting only wireless facilities, nor shall it include wireless support structures.

Wireless facility means equipment at a fixed location that enables wireless services between user equipment and a communications network, including: (i) equipment associated with wireless communications; (ii) radio transceivers, Antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include the structure or improvements on, under, or within which the equipment is collocated, wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support structures or utility poles or coaxial or fiber optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna.

Wireless infrastructure provider means any person including a person authorized to provide telecommunications service in the state, that builds, installs or maintains utility poles, wireless communication transmission equipment, wireless facilities or wireless support structures.

Wireless services means any services provided using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, delivered to the public using wireless facilities.

Wireless services provider means a person who provides wireless services.

Wireless support structure means a freestanding structure, such as a monopole or, other existing or proposed structure designed to support or capable of supporting wireless facilities. Such term shall not include a utility pole.

(Ord. No. 2018-1013, 10-9-18)