(a) General use of terms.
(1) The terms, phrases, words, and their derivations used in this chapter shall have the meanings given in this section.
(2) When consistent with the context, words used in the present tense also include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number.
(3) All terms used in the definition of any other term shall have their meaning as otherwise defined in this section.
(4) The words "shall" and "will" are mandatory and "may" is permissive.
(5) Words not defined shall be given their common and ordinary meaning.
(b) Defined Terms.
(1) "Abandoned" Any small cell facilities or wireless support structures that are unused for a period of three hundred sixty-five days without the operator otherwise notifying the city and receiving the city's approval.
(2) "Alternative Tower Structure" Includes, but is not limited to man-made trees, clock towers, bell steeples, light poles, power poles, and similar alternative-design mounting structures or other buildings or structures that are intended to camouflage or conceal the presence of antennas, towers, and other wireless communications facilities.
(3) "Antenna" Any transmitting or receiving device used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals, or other communication signals.
(4) "Antenna Support Structure" Any building or structure other than a tower which can be used for the location of wireless communications facilities.
(5) "Applicant" Any person that applies for administrative review, conditional use review, certificate of zoning plan approval, or other permit or approval according to the requirements of this chapter.
(6) "Application" The materials and process by which an applicant submits a request as authorized by the property owner and indicates a desire to be granted approval of an antenna, tower, antenna support structure, or any other wireless communications facility under the provisions of this chapter. An application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the city concerning the request, but shall not include materials submitted as part of a request for non-binding pre-application review.
(7) "Backhaul Network" The infrastructure that connects a provider's wireless communications facility sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
(8) "Cable Franchise" An initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to 47 U.S.C. 522 Section 546), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.
(9) "Cable Microcell Network or CMN" A wireless telecommunications facility characterized by small antennas and equipment cabinets, and typically located on a small diameter monopole; on an existing or replacement street light, power pole, sign, or other suitable structure; or on an existing building.
(10) "Cable Operator" Any person or group of persons:
A. Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or
B. Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system;
(11) "Cable Service"
A. The one-way transmission to subscribers of (i) video programming, or (ii) other programming service; and
B. Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
(12) "CFR" Committee of the Federal Register, established under section 1506 of title 44, United States Code.
(13) "Clear Zone" The unobstructed, traversable area provided beyond the edge of the through traveled way for the recovery of errant vehicles. The clear zone includes shoulders, bike lanes, and auxiliary lanes, except those auxiliary lanes that function like through lanes. As defined in the ODOT Location and Design Manual, Volume 1, Section 600-Roadside Design.
(14) "Cellular-On-Wheels or COW" A temporary mobile wireless communications facility that consists of a wireless antenna tower and associated equipment on a truck, trailer, or other mobile structure designed to be part of a wireless network.
(15) "Chief Building Official" The Chief Building Official of the city.
(16) "City" The City of Canal Winchester, Ohio.
(17) "Code" The Codified Ordinances of the City.
(18) "Collocation" The use of, or ability to use, a wireless communications facility or support structure by more than one wireless communications provider or more than one wireless antenna array.
(19) "Conditional Use" A use allowed in a zoning district after approval of the Planning and Zoning Commission according to the provisions of Chapter 1145 of the Codified Ordinances.
(20) "Decorative Pole" A pole, arch, or structure other than a street light pole placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following:
A. Electric lighting;
B. Specially designed informational or directional signage;
C. Temporary holiday or special event attachments.
(21) "Design Guidelines" Means those detailed design guidelines, specifications and examples promulgated by the City for the design and installation of small cell facilities and wireless support structures, which are effective insofar as they do not conflict with federal and state law, rule and regulations, or with the provisions of the Codified Ordinances.
(22) "District or Zoning District or Zone District" A portion of the city within which certain uses of land and/or buildings are permitted and under the regulations and requirements of Part Eleven of the Codified Ordinances.
(23) "Eligible Facilities Request" Means the same as defined by the FCC in 47 U.S.C. 1455 (a)(2), as may be amended.
(24) "Emergency" A reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action, mitigation, or abatement.
(25) "Engineer" Any engineer currently licensed by the State of Ohio.
(26) "Equipment Shelter, Equipment Structure, or Equipment Cabinet" The structure in which the electronic receiving and relay equipment or other necessary equipment for a wireless communications facility is located.
(27) "FAA" The U.S. Federal Aviation Administration, and any legally appointed, designated, or elected agent or successor.
(28) "FCC" The U.S. Federal Communications Commission and any legally appointed, designated, or elected agent or successor.
(29) "Height or Above Ground Level or AGL" When referring to a tower or other structure, the distance measured from the finished grade at the base of the tower or structure to the highest point on the tower or structure, including the base pad and any antenna, but not including lightning arrest devices.
(30) "Historic District" A building, property, or site, or group of buildings, properties, or sites that are either of the following:
A. Listed in the national register of historic places or formally determined eligible for listing by the keeper of the national register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the national register, in accordance with section VI.D.1.a.i-v of the nationwide programmatic agreement codified at 47 C.F.R. part 1, Appendix C;
B. A registered historic district as defined in section 149.311 of the Revised Code.
(31) "Landmarks Commission" The Landmarks Commission created by Section 1139.02 of the Codified Ordinances.
(32) "Monopole" A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(33) "Nonconforming Tower" Any tower or antenna lawfully existing at the effective date of or amendment to this chapter which does not currently conform to the requirements of this chapter.
(34) "Occupy or Use" With respect to the right-of-way, to place a tangible thing in the right-of-way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures, appurtenances, or facilities necessary for the delivery of public utility services or any services provided by a cable operator.
(35) "Ohio Manual of Uniform Traffic Control Devices or OMUTCD" The uniform system of traffic control devices promulgated by the Ohio Department of Transportation.
(36) "Old Town Overlay District" The Old Town Overlay District established by Section 1175.01 of the Codified Ordinances.
(37) "Operator" A wireless service provider, cable operator, or a video service provider that operates a small cell facility and provides wireless service. For the purpose of §§1193.06 through 1193.065, "operator" includes a wireless service provider, cable operator, or a video service provider that provides information services as defined in the "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20), and services that are fixed in nature or use unlicensed spectrum.
(38) "Person" Any individual, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for-profit. (definition given in 1133 definitions)
(39) "Planning And Zoning Commission" The Planning and Zoning Commission for the city, as created by Section 7.01 of the City Charter.
(40) "Public Utility or Utility" A facilities-based provider of wireless service to one or more end users in this state, or any company described in section 4905.03 of the Ohio Revised Code and as further defined in section 4905.02 of the Ohio Revised Code, including but not limited to the following types of companies: telephone, electric light, gas, natural gas, pipe-lines, water-works, and sewage disposal systems
(41) "Right-of-Way" The surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public bike path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same now or hereafter held by the city. "Right-of-way" shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a right-of-way permit or by administrative regulation. (Definition given in 1133 definitions)
(42) "Small Cell Facility" A wireless facility that meets both of the following requirements:
A. Each antenna is located inside an enclosure of not 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 enclosure of not more than six cubic feet in volume.
B. All other wireless equipment associated with the facility is cumulatively not more than twenty-eight (28) cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
(43) "Stealth" A wireless communications facility designed to appear as another natural or artificial object that exists in the surrounding environment or which is architecturally integrated into a building or other structure, and designed to be minimally obtrusive and to camouflage or conceal the presence of antennas or towers, at the determination of the required reviewing body.
(44) "Substantial Change" Has the same meaning as described in 47 C.F.R. 1.40001(b)(7).
(45) "Temporary Wireless Communications Facilities" A cellular-on-wheels unit; an antenna on a bucket truck, crane, crank-up tower, tower; or another wireless communications facility required to evaluate a site for a temporary placement of a wireless communications facility as permitted by this chapter or for providing communications during an emergency, special event, conference, or other situations for limited periods while the use of a permanent wireless communication facility is temporarily interrupted.
(46) "Tolling or Toll Period" The pausing or delaying of the running of a required time period.
(47) "Tower" Any structure designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, wireless communications towers, alternative tower structures, and the like. The term includes the structure and any necessary supports.
(48) "Utility Pole" A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. "Utility pole" excludes street signs and decorative poles.
(49) "Video Service Provider" A person granted a video service authorization under sections 1332.21 to 1332.34 of the Ohio Revised Code.
(50) "Wireline Backhaul Facility" A facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.
(51) "Wireless Communications Facilities or WCF" Includes, but shall not be limited to, towers, poles, cables, wires, lines, wave guides, antennas, microwave dishes, small cell facilities and wireless support structures, and/or any other equipment or facilities associated with the transmission or reception of communications as regulated by the FCC (or other unregulated wireless communication facility). The term shall not include:
A. Any satellite earth station antenna 6.6 feet or less in diameter or diagonal measurement located in a non-residential district.
B. Any satellite earth station antenna one meter or less in diameter or diagonal measurement that is designed to receive direct broadband satellite service, including direct-to-home satellite services, or to receive or transmit fixed wireless signals via satellite regardless of zoning category.
C. Any antenna that is 3.3 feet or less in diameter or diagonal measurement and is designed to receive video programming service via broadband video services (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.
D. Any antenna that is designed to receive local television broadcast signals and does not use a mast higher than 15 feet above the tallest point of the roof of the tallest principal or accessory structure, excluding chimneys, cupolas, or other architectural elements.
E. Antennas used by amateur radio operators.
F. Towers, structures, antennas, or other equipment used for the purposes of operating a public safety voice or data radio network or an outdoor early warning system within the city limits. This includes directional and omnidirectional antenna equipment, as well as microwave and point-to-point equipment.
(52) "Wireless Service" Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.
(53) "Wireless Service Provider" A person who provides wireless service as defined herein.
(54) "Wireless Support Structure" A pole, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities, excluding utility poles or other facilities used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses. (Ord. 18-033. Passed 12-3-18.)