For purposes of this Ordinance, and where not inconsistent with the context of a 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.
(a) "Accessory Facility or Structure" means an 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.
(b) "Applicant" means any Wireless service provider submitting an Application for a Special Use Permit for Wireless Telecommunications Facilities.
(c) "Application" means all necessary and appropriate documentation that an Applicant submits in order to receive a Special Use Permit for Wireless Telecommunications Facilities.
(d) "Antenna" means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.
(e) "Co-location" means the use of an existing Tower or structure to support Antennae for the provision of wireless services.
(f) "Commercial Impracticability" or "Commercially Impracticable" means the inability to perform an act on terms that are reasonable in commerce; the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be "commercial impracticable" and shall not render an act or the terms of an agreement "commercially impracticable".
(g) "Board" means the Clarksburg Planning and Zoning Commission.
(h) "Completed Application" means an Application that contains all information and/or data necessary to enable an informed decision to be made with respect to an Application.
(i) "Council" means the City Council of the City of Clarksburg.
(j) "FAA" means the Federal Aviation Administration, or its duly designated and authorized successor agency.
(k) "FCC" means the Federal Communications Commission or its duly designated and authorized successor agency
(l) "Height" means, when referring to a Tower or structure, the distance measured from the preexisting grade level to the highest point on the Tower or structure, even if said highest point is an Antenna or lightning protection device.
(m) "Modification" or “Modify” means, the addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or changeout of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a Telecommunications Tower or Telecommunications Site as a co-location is a modification. A modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing or changing anything.
(n) "NIER" means Non-Ionizing Electromagnetic Radiation.
(o) "Person" means any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more persons having a joint common interest, or any other entity.
(p) "Personal Wireless Facility”. See definition for “Wireless Telecommunications Facilities”.
(q) "Personal Wireless Service" or "PWS" or "Personal Telecommunications Service" or "PCS" shall have the same meaning as defined and used in the 1996 Telecommunications Act.
(r) “Repairs and Maintenance” means the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.
(s) "Special Use Permit" means the official document or permit by which an Applicant is allowed to file for a building permit to construct and use Wireless Telecommunications Facilities as granted or issued by the Board. It shall be construed as an equivalent and interchangeable term with "Special Exception" as used in Article 1339 of these Codified Ordinances.
(t) “Stealth” or "Stealth Technology" means to minimize adverse aesthetic and visual impacts on the land, property, building, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such Wireless Telecommunications Facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
(u) "State" means the State of West Virginia.
(v) "Telecommunications" means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
(w) "Telecommunication Site". See definition for Wireless Telecommunications Facilities.
(x) "Telecommunications Structure" means a structure used in the provision of services described in the definition of “Wireless Telecommunications Facilities”.
(y) "Temporary" means, temporary in relation to all aspects and components of this Ordinance, something intended to, or that does, exist for fewer than ninety (90) days.
(z) "Tower" means any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.
(aa) "Wireless Telecommunications Facilities" means and includes a "Telecommunications Site" and "Personal Wireless Facility". It means a structure, facility or location designed, or intended to be used as, or used to support Antennas or other transmitting or receiving devices. This includes without limit, Towers of all types and kinds and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for Antennas or the functional equivalent of such. It further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, Personal Communications Services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service not licensed by the FCC.
(Ord. 05-15. Passed 11-17-05.)