For purposes of this chapter, and where not inconsistent with the context of 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
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.
ANTENNA.
A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to radio, television, cellular, paging, personal telecommunications services (PCS), and microwave telecommunications.
APPLICANT.
Any person submitting an application to the city for a special use permit for wireless telecommunications facilities.
APPLICATION.
The form approved by the Council, together with all necessary and appropriate documentation that an applicant submits in order to receive a special use permit for wireless telecommunications facilities.
CITY.
The city of Aurora, Indiana.
CO-LOCATION.
The use of the same telecommunications tower or structure to carry two or more antennae for the provision of wireless services by two or more persons or entities.
COMMERCIAL IMPRACTICABILITY
or
COMMERCIALLY IMPRACTICABLE.
Shall have the meaning in this chapter and any special use permit granted hereunder as is defined and applied under the United States Uniform Commercial Code (UCC).
COMPLETED APPLICATION.
An application that contains all information and/or data necessary to enable the Council to evaluate the merits of the application, and to make an informed decision with respect to the effect and impact of wireless telecommunications facilities on the city is the context of the permitted land use for the particular location requested.
COUNCIL.
The City Council of the city.
DIRECT-TO-HOME SATELLITE SERVICES
or
DIRECT BROADCAST SERVICE (DBS).
Only programming transmitted or broadcast by satellite directly to subscribers' premises without the use of ground receiving equipment except at the subscribers' premises or in the uplink process to the satellite.
EPA.
State and/or Federal Environmental Protection Agency or its duly assigned successor agency.
FAA.
The Federal Aviation Administration, or its duly designated and authorized successor agency.
FCC.
The Federal Communications Commission, or its duly designated and authorized successor agency.
FREE STANDING TOWER.
A tower that is not supported by guy wires and has no other means of support other than as own foundation.
HEIGHT.
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.
NIER.
Non-Ionizing Electromagnetic Radiation.
PERSON.
Any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity.
PERSONAL WIRELESS FACILITY.
See definition for
WIRELESS TELECOMMUNICATIONS FACILITIES
.
PERSONAL WIRELESS SERVICES (PWS)
or
PERSONAL TELECOMMUNICATIONS SERVICE (FCS).
Shall have the same meaning as defined and used in the 1996 Telecommunications Act.
SPECIAL USE PERMIT.
The official document or permit by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the city.
STATE.
The State of Indiana.
TELECOMMUNICATIONS.
The transmission and reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
TELECOMMUNICATIONS SITE.
See definition for
WIRELESS TELECOMMUNICATIONS FACILITIES
.
TELECOMMUNICATIONS STRUCTURE.
A structure used in the provision of services described in the definition of
WIRELESS TELECOMMUNICATIONS FACILITIES
.
TEMPORARY.
In relation to all aspects and components of this chapter, something intended to, or that does exist for fewer than 90 days.
WIRELESS TELECOMMUNICATIONS FACILITIES
or
TELECOMMUNICATIONS TOWER
or
TELECOMMUNICATIONS SITE
or
PERSONAL WIRELESS FACILITY.
A structure, facility or location designed, or intended to be used as, or used to support, antennas, as well as antennas or any functional equivalent equipment used to transmit or receive signals. It includes without limit, free standing towers, guyed towers, monopoles, and similar structures that employ camouflage technology, including, but not limited to structures such as a multi-story building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, personal telecommunications services, or microwave telecommunications, but excluding those used exclusively for fire, police and other dispatch telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications.
(Ord. 2002-01, passed 2-13-02)