This article shall be known and may be cited as the "Wireless Telecommunications Facilities Ordinance of the City of North Myrtle Beach, South Carolina."

As authorized in Title 6, Chapter 29 of the Code of Laws of South Carolina, the general purposes of this article. are to guide development in accordance with existing and future needs and to promote the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare of the community with reasonable consideration for the following specific purposes, where applicable:

(a)

To protect the city's existing built and natural environment by promoting compatible design standards for wireless telecommunications facilities;

(b)

To protect residential areas and lands by minimizing adverse impacts of wireless telecommunications facilities;

(c)

To minimize the total number of vertical support structures including towers, in the community by encouraging the joint use of new and existing vertical support structures by multiple carriers;

(d)

To ensure that vertical support structures are located in areas that minimize adverse impacts;

(e)

To ensure telecommunication facilities are configured in a way that minimizes adverse visual impacts by careful design, appropriate siting, landscape screening, and innovative camouflaging techniques;

(f)

To enhance the ability to provide telecommunications services to the community quickly, effectively and efficiently;

(g)

To consider the public health and safety of our community;

(h)

To avoid damage to adjacent properties caused by a vertical support structure's failure through careful engineering and locating of such structures, and;

(i)

To encourage the attachment of antennas to existing vertical support structures, wherever, and whenever possible.

As presented in the city's 2018 comprehensive plan, the city's economy is dependent on the retail and service industries supported by tourism. As such, it is a further objective of the city to ensure that tourists, residents, businesses, and public safety operations have reliable access to wireless communications networks and state of the art mobile broadband communications services while also ensuring that this objective is accomplished according to the city's zoning, planning, and design standards.

It is the further objective of this article. to ensure the continued compliance with existing City Code, as well as applicable federal statutes and the rules and regulations of the FCC, including, but not limited to, the provisions of Title 47 U.S. Code Section 253—Removal of Barriers to Entry; 47 U.S. Code Section 332(c)(7)—Mobile Services; Federal Communications Commission Declaratory Ruling and Report and Third Order released September 27, 2018 (the "small wireless facility order") and the Federal Communications Commission Final Rules attached to the small wireless facility order as Appendix A, both as may be amended in the future (the "FCC final rules").

(Ord. No. 21-21, § 3, 5-17-21)

For the purpose of this article., certain words and terms are herein defined. Words used in the present tense shall include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word "lot" includes the word "plot"; the word "shall" is mandatory and not directory. Any words not herein defined shall carry their customary dictionary definition.

Accessory equipment: Any equipment serving or being used in conjunction with a wireless facility or vertical support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, electric meter, concealment elements, network demarcation equipment, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and cable, conduit, coax, vertical and horizontal runs for the provision of power, fiber, telephone, or other services.

Administrative approval: Approval granted by the administrator to an applicant after administrative review, which shall be demonstrated by the issuance of all applicable building permits.

Administrative review: An evaluation of an application by the designated administrator.

Administrator: This designated person that reviews an application under this article. as set forth in section 23-173 of this article.

Antenna: Any exterior apparatus designed for the purpose of emitting, transmitting, or receiving radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services.

Applicant: The owner of, or any other person with a recognized interest in, the wireless facility to be sited, or its authorized agent, who submits an application under this article. The applicant may be a wireless services provider or a wireless infrastructure provider.

Application for a wireless facility: An application submitted by an applicant, including all ancillary building permit applications, for the siting of a wireless facility or for the maintenance, modification, operation, or replacement of an existing wireless facility. In the proper context, an application for wireless facility may be referred to as an application.

Applicable code: FCC, FAA and such codes as, but not limited to, uniform building, energy, electrical, plumbing, mechanical, gas, and fire codes in S.C. Code 1976, Title 6, Chapter 9 , as modified from time to time, local amendments to those codes authorized by state law, and local codes or ordinances which impose requirements set forth in articles II and III of this chapter, including objective design and concealment standards to regulate location, context, material, color, stealth and concealment standards on a uniform and nondiscriminatory basis.

Backhaul or backhaul network: The lines, or other network devices such as, but not limited to, microwave, that connect a provider's telecommunications facility to one (1) or more applicant or carrier network elements, switching offices, long-distance providers, internet backbone, or the public switched telephone network.

Base station: The equipment, including ancillary accessary 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 the vertical support structure.

(i)

The term base station includes, but is not limited to, 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.

(ii)

The term also includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

(iii)

The term also includes any vertical support structure other than those structures that, at the time the relevant application is filed with the city under this chapter, supports or houses equipment described in items (i) through (ii) above, which have been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the vertical support structure was not built for the sole or primary purpose of providing such support.

(iv)

The term base station does not include vertical support structures that, at the time the relevant application is filed with the city under this chapter, does not support or house equipment described in items (i)—(ii) of this definition.

Cable, communications, fiber or electric easement or encroachment: An easement or encroachment, 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 is within a rights of way and is occupied by existing utility poles or vertical 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 end user's premise to the cable, communications, fiber, or electrical provider.

City: City of North Myrtle Beach, South Carolina.

City Code: The Code of Ordinances enacted by the city.

City-owned pole or vertical support structure: (i) a utility pole owned or operated by the city, 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, (ii) a pole or similar vertical support structure owned or operated by the city in a covered area that supports only wireless facilities, and/or (iii) decorative poles owned or operated by the city.

Collocate: The mounting or installation of transmission equipment, together with the associated base station equipment, on a vertical support structure that is existing at the time the relevant application is filed with the city under this chapter, whether or not such vertical support structure is already in use for wireless services, for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Concealment elements: Any design feature, including, but not limited to, painting to match existing landscaping or structures, landscaping, and/or shielding requirements and restrictions on proportions, or physical dimensions in relation to the surrounding area or existing vertical support structures that are intended to make a wireless facility or accessary equipment attached to any vertical support structure less visible or invisible to the casual observer.

County: Horry County.

Day: A calendar day unless the last day for the city or an applicant to act under this Article XI. ends on a weekend, holiday, or time when all but city emergency services are closed.

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

Deployable: A portable, self-contained wireless telecommunications facility that can be moved to a specified location or area and provide wireless services on a temporary or emergency basis such as a "cell on wheels" or "COW," "cell on light truck" or "COLT," tethered balloon, tethered drone or other unmanned device.

Existing or pre-existing: In existence at the time an application is filed.

FCC: The Federal Communications Commission.

FCC final rules: The Federal Communications Commission final rules attached as Appendix A to the small wireless facility order, as may be amended from time to time.

Governing body: The city council for the city.

Light pole: A pole upon which is installed a light standard or other illumination device designed to illuminate a limited specific area.

Monopole: A vertical support structure purpose-built for telecommunications purposes consisting of a single pole, that is self-supported and constructed without guy wires or ground anchors.

Permit: A written authorization, in electronic or hard copy format, required to be issued by an authority to initiate, continue, or complete (i) the siting of a vertical support structure upon which a wireless facility is to be collocated, or (ii) the collocation of a wireless facility on an existing vertical support structure, or (iii) the modification or replacement of an existing vertical support structure upon which a wireless facility is collocated, none of which is located within a public right-of-way.

Permittee: The responsible person, its' successors and assigns or approved authorized agent, who is required to comply with any administrative approval or permit issued under this article. When the applicant is the authorized agent for the person who owns the federal license to broadcast from the wireless facility, then the permittee shall also be such owner.

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

Pole: A type of vertical support structure, such as a utility pole, light pole, traffic pole, decorative pole, flagpole, or other similar pole, made of wood, concrete, metal, or other material.

Planning director: The Director of the Department of Planning and Development for the City of North Myrtle Beach or his or her designee.

Planning department: The Department of Planning and Development for the City of North Myrtle Beach.

Private rights-of-way or ROW: That area on, below, or above a roadway, highway, street, sidewalk, or alley that is dedicated to, managed, or controlled by a private person.

Rights-of-way or ROW or city rights-of-way or public rights-of-way: That area on, below, or above a public roadway, highway, street, sidewalk, or alley that is dedicated to, managed, or controlled by the city, county, or the state, but not including a federal interstate highway that is located within the city limits but is not controlled or maintained by the city.

Site: An approved location, by permit, for the siting of a wireless telecommunication facility.

Site plan: A detailed proposal which includes detailed engineering drawings, construction drawings and other documentation as required by the administrator, from time-to-time, of proposed improvements related to the siting, maintenance, modification, operation, or replacement of a wireless facility within the city limits.

Small wireless facility or small cell: A wireless facility that meets all of the following conditions: (i) the vertical support structure on which antenna facilities are mounted is fifty (50) feet or less in height, or is no more than ten (10) percent taller than other adjacent existing vertical support structures of similar type and character, or is not extended to a height of more than ten (10) percent above its preexisting height as a result of the siting of new wireless facilities; and (ii) each antenna (excluding associated antenna equipment) is no more than six (6) cubic feet in volume; and (iii) all electronic and ancillary equipment associated with the facility (excluding antennas) are cumulatively no more than twenty-eight (28) cubic feet in volume; and (iv) the wireless facility does not require vertical support structure registration; and (vi) the facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in Rule 1.1307(b). The following types of associated accessory equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation equipment provided by third party interconnection networks that have been approved by the city under separate permit or license, approved ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

Small wireless facility order: The Federal Communications Commission Declaratory Ruling and Report and Third Order released September 27, 2018, as may be amended from time to time.

State: State of South Carolina.

Stealth facility: A telecommunications tower employing concealment elements.

Tower or telecommunications tower: A specific type of vertical support structure, such as, but not limited to, a lattice tower, guyed tower, or monopole tower, built for the sole or primary purpose of supporting FCC-licensed or authorized antennas, including the on-site fencing, equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with that telecommunications tower. This definition is intended to be consistent with that definition set forth in 47 C.F.R. 1.40001(b)(9).

Transmission equipment: Equipment that facilitates transmission of FCC-licensed or authorized wireless communication services, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular or 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.

Transmission pole: A pole that is used to carry high voltage electric transmission (as opposed to distribution) lines.

Utility pole: A wood pole or similar vertical support structure of any material 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 or decorative poles.

Vertical support structure: A pole, tower or telecommunications tower, base station, or other above-ground structure including, but not limited to, buildings, water tanks, light poles, flag poles, and utility poles, whether or not the structure has an existing wireless facility, that is used or will be used for the provision of wireless service (whether on its own or comingled with other types of services).

Wireless telecommunication facility or wireless facility or telecommunications facility: Any equipment and physical assets owned by a permittee or by a permittee's end-users and under the control of the permittee, at a fixed location, that enables wireless services between end-user equipment and a communications network, including: (i) equipment associated with wireless communications; (ii) radio transceivers, antennas, satellite transmit and receive equipment, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities, accessory equipment, aboveground and underground fiber optic and coaxial cable, conduit, wires, and any vertical support structure whether existing, replacement or new, and whether referred to singly or collectively, that would not be sited under chapter 24 of the code. The term does not include the wireline backhaul facilities, coaxial or fiber optic cable that is between wireless vertical support structures or coaxial or fiber optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna. This term also shall exclude any tower and antenna under one hundred (100) feet in total height which is privately owned and operated by an amateur radio operator licensed by the federal communications commission.

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

Wireless service(s) provider: A person who provides wireless services.

Writing: Any writing requirement under this article. shall be performed via electronic notice through the city's public website.

(Ord. No. 21-21, § 3, 5-17-21)