As used in this Article, the following terms shall have the following meanings:
Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.
Antenna Support Structure means any building or structure other than a tower which can be used for the location of telecommunications facilities.
Applicant means any person that applies for a Tower Development Permit.
Application means a process by which the owner of a tract of land within the zoning jurisdiction of the City submits a request to develop, construct, modify, or operate a tower upon such tract of land. The term application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such request.
Engineer means any engineer qualified and licensed by the State of Nebraska.
Owner means any person owning personal property, or real property with fee simple title or a leasehold exceeding (ten) 10 years in duration to any tract of land within the zoning jurisdiction of the City who desires to develop, construct, modify, or operate a tower upon such tract of land.
Person means an individual, a corporation, a limited liability company, a partnership, an association, a trust, or any other entity or organization.
Stealth means any telecommunications facility, tower, or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles and trees.
Telecommunications Facilities means any cables, wires, lines, antennas, or any other equipment or facilities associated with the transmission or reception of communications signals which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:
A. Any satellite dish two (2) meters in diameter or less which is located on real estate zoned AG, TA, RO, B1, B2, B3, M1, M2, M3 and ME.
B. Any satellite dish of one (1) meter or less in diameter, regardless of the zoning applicable to the location of the satellite dish.
Tower means a self-supporting lattice, guyed, or monopole structure which supports Telecommunications Facilities. The term Tower shall not include non-commercial amateur radio operators equipment as licensed by the FCC or a structure supporting an antenna serving residential premises or dwelling units exclusively.
Tower Development Permit means a permit issued by the City upon approval by the Mayor and City Council of an application to develop a tower within the zoning jurisdiction of the City; which permit shall continue in full force and effect for so long as the tower to which it applies conforms to this Article. Upon issuance, a Tower Development Permit shall be deemed to run with the land during the permit’s duration and may be transferred, conveyed and assigned by the applicant to assignees and successors-in-interest.
Tower Owner means any person with an ownership interest of any nature in a proposed or existing tower following the issuance of a Tower Development Permit.
All terms in this Article which are not specifically defined herein shall be construed in accordance with the Communications Act of 1934, the Telecommunications Act of 1996 and the Orders, Rules and Regulations of the Federal Communications Commission (FCC).