For purposes of the Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this Section. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(a) Antenna: means any exterior apparatus used for transmitting and receiving, mounted on a tower, alternative tower structure, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
Antenna Tower: means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, antenna tower alternative structures, and the like. The term also includes the structure and any support thereto.
(b) Antenna Tower Alternative Structure: means man-made trees, clock towers, bell steeples, and similar alternative-design mounting structures that substantially camouflage or conceal the presence of antennas or towers such that one would not identify the structure as an antenna tower.
(c) Antenna Tower Height: means, when referring to a tower or other structure within the provisions of this Chapter, the distance measured from the average grade plane of the antenna tower base to the highest point on the tower or other structure, including any antenna and additional height required for co-location. Lightning rods up to six (6) feet in length and 1.25 inches in diameter may extend above the maximum height measured. When roof-mounted, antenna tower height shall be measured from the average grade plane of the building to the highest point on the tower or other structure, including any antenna and additional height required for co-location.
(d) Average Grade Plane: means a reference plane representing the average of finished ground level adjoining the structure or building at all exterior surfaces.
(e) Backhaul Network: means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
(f) City: means the City of Bellefontaine, Ohio.
(g) Code: means the Code of Ordinances of the City.
(h) Co-location: means the use of Wireless Communication Facilities by more than one wireless communications provider.
(i) Conditional Use: means a use, although often desirable, which will more intensely affect the surrounding area in which such facility is located than is permitted in such zoning district. A conditional use may be permitted through a permit by the Planning Commission after a public hearing.
(j) Council: means the City Council.
(k) Engineer: means a registered professional engineer licensed in the State of Ohio to provide any information of an engineering nature whether civil, electrical or mechanical.
(l) Equipment Shelter/Building: means the structure in which the electronic receiving and transmission equipment associated with a Wireless Communication Facility is housed.
(m) FAA: means the Federal Aviation Administration.
(n) FCC: means the Federal Communications Commission.
(o) Facility: See Wireless Communication Facility.
(p) Force Majeure: means a strike, acts of God, acts of public enemies; administrative, judicial or regulatory orders or regulations of any kind of the United States of America and/or the State of Ohio or any of their departments, agencies or political subdivisions; riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the disabled party, but only to the extent that the disabled party notifies the other party as soon as practicable regarding such force majeure.
(q) Institutional Property: means property owned or used by institutions such as churches, parks, libraries, municipal government, hospital and utilities.
(r) Monopole: means a single pole with no above ground lateral support from secondary structural members in either tension or compression.
(s) No-impact Wireless Communication Facility: means a facility which is either: (1) virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure, or (2) camouflaged so as to blend in with its surroundings to such an extent that it is indistinguishable by the casual observer from the structure on which it is placed or the surroundings in which it is located, such as a flagpole serving as an antenna.
(t) Open Space: means land presently devoted to, or that is later designated as, conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).
(u) Permitted Use: is any such Wireless Communication Facility located in a specified location or zoning district within the City designated as a permitted use location in this Chapter such as those facilities to be located on Public Property.
(v) Person: is any natural persons, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for-profit.
(w) Personal Communications Services Tower: See Wireless Communication Facility.
(x) Planning Commission: means the Bellefontaine Planning Commission or its designee.
(y) Preexisting Towers and Preexisting Antenna: means any tower or antenna for which a building permit has been properly issued prior to the effective date of this Chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
(z) Public Property: means real estate owned, leased, or otherwise controlled by the City or the School District.
(aa) Stealth Design: means any communications facility that is designed to blend into the surrounding environment. Examples of stealth facilities may include, but are not limited to, antenna tower alternative structures, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, antennas and monopoles surrounded or obscured by existing and/or proposed trees and landscaping and antenna structures designed to look like light poles.
(bb) Tower: See Antenna Tower/Wireless Communication Facility.
(cc) Wireless Communication Facility: is an all encompassing term that includes towers, poles, cables, wires, lines, wave guides, antennas, microwave dishes and/or any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or have installed upon a tower or antenna support structure. However, the term Wireless Communication Facilities shall not include:
(1) Any satellite earth station antenna two meters or less in diameter that is located in an area zoned industrial or commercial;
(2) Any satellite earth station antenna one meter or less in diameter, regardless of zoning category;
(3) Antennas used by amateur radio operators or those used for television reception on residential homes.
(Ord. 00-97. Passed 11-28-00.)
(Ord. 00-97. Passed 11-28-00.)