For purposes of this 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) “Amateur Radio Operator” is any person or organization that currently holds a valid license granted by the Federal communications Commission to operate an amateur radio within Part 97 of the FCC rules and regulations.
(b) “Antenna” means any device used for transmitting and receiving electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals) or wireless telecommunication signals. This definition does not include over- the-air reception devices which receive television broadcast signals, direct or broadcast signals, direct broadcast satellite services, or multi-channel multi-point distribution service.
(c) “Antenna Support Structure” means any building or other structure other than a Tower which can be used for location of Wireless Telecommunications Facilities.
(d) “Applicant” means any Person that applies for a Zoning Clearance Permit or a Conditional Use Permit pursuant to Section 1339.07 of this chapter.
(e) “Application” means the process by which an Applicant submits a request and indicates a desire to be granted a Zoning Clearance Permit or a Conditional Use Permit 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 such a request.
(f) “City” means the City of Lancaster, Ohio, a municipal corporation, in the State of Ohio, acting by and through its City Council.
(g) “Code” means the Code of Ordinances of the City.
(h) “Co-location” means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(i) “Conditional Use” means an uncommon or infrequent use which may be permitted in a specific zoning district subject to compliance with certain standards, explicit conditions, and the granting of a conditional use permit as specified in this chapter.
(j) “Council” means City Council.
(k) “Emergency” means a reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.
(l) “Engineer” means any engineer licensed by the State of Ohio.
(m) “Equipment Shelter” means the structure in which the electronic receiving and relay equipment for a Wireless Telecommunications Facility is housed.
(n) “FAA” means the Federal Aviation Administration and any legally appointed, designated, or elected agent or successor.
(o) “FCC” means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.
(p) “Monopole” means a support structure constructed of a single, Self-supporting hollow metal tube securely anchored to a foundation.
(q) “Person” is a natural person, legal entity, private or public, whether for profit or not-for-profit.
(r) “Residential Building” means any building or portion thereof which is designed or used for residential purposes, but not including a cabin, hotel, motel, rooming house, or other such accommodation used for transient occupancy.
(s) “Residential District” shall mean a district where the zoning is designated RE, RS-1, RS-2, RS-3, RS-4, RD, RM-0, RM-1, RM-2, RM-3, and RMH under the City's Zoning Code.
(t) “Tower” means a self-supporting lattice, or guyed or monopole structure constructed from grade which supports Wireless Telecommunications Facilities. The term Tower shall not include Amateur Radio Operators’ equipment, as licensed by the FCC. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common carrier towers, wireless, telecommunications towers, and alternative tower structures.
(u) “Viewshed” means the area surrounding a Wireless Telecommunications Facility or Antenna Support Structure, within which the Facility or Structure is visible from street level.
(v) “Wireless Telecommunications Facility” means any cables, wires, lines, wave guides, microwave dishes, radio frequency reflectors, Antennas 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 has installed upon a Tower or Antenna Support Structure. However, the term Wireless Telecommunications Facilities shall not include:
(1) Any satellite earth station antenna two meters in diameter or less which are located in any 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 are excluded from this definition.
(w) "Zoning Clearance Permit" means that permit issued by the City Zoning Inspector upon a finding that the proposed Wireless Telecommunications Facility conforms with the requirements of this Chapter and with the City's Zoning Code.
(Ord. 43-02. Passed 11-25-02.)