For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All references to codified statutes, regulations or other rules shall be deemed to refer to such statutes, regulations or other rules as they may be amended or superseded.
AMATEUR STATION. The same as defined by the FCC in 47 C.F.R. § 97.3, which defines the term as "a station in an amateur radio service consisting of the apparatus necessary for carrying on radio communications." This term includes amateur radio antennas and related facilities used for amateur radio services.
APPROVAL AUTHORITY. The city official or body responsible for application review and vested with authority to approve or deny such applications. The approval authority for a conditional use permit shall be the Planning Commission. The approval authority for a site plan review shall be the Director.
CPUC. The California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.
DIRECTOR. The Community Development Director of the City of Madera or the Director's designee.
ELIGIBLE FACILITIES REQUEST. The same as defined in 47 U.S.C. § 1455(a)(2), and as interpreted by the FCC in 47 C.F.R. § 1.6100(b)(3).
FCC. The Federal Communications Commission, as constituted by the Communications Act of 1934, Pub. L: 73-416, 48 Stat. 1064, codified as 47 U.S.C. §§ 151 et seq. or its duly appointed successor agency.
HISTORIC RESOURCE. Any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion in, the National Register of Historic Places, the California Register of Historical Resources or any "historic resource" as listed in Table HC-A of the General Plan. The term includes artifacts, records and remains related to or located within such properties. The term also includes properties with traditional religious and/or cultural importance to any Native American tribe.
OTARD. Any "over-the-air reception device" subject to 47 C.F.R. §§ 1.4000 et seq., which generally includes satellite television dishes and certain fixed wireless antennas not greater than one meter in diameter.
PERSONAL WIRELESS SERVICE FACILITIES. The same as defined in 47 U.S.C. § 332(c)(7)(C)(ii), which defines the term as facilities that provide personal wireless services.
PERSONAL WIRELESS SERVICES. The same as defined in 47 U.S.C. § 332(c)(7)(C)(i), which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
PLANNING COMMISSION. The Planning Commission of the city of Madera as established by the Madera Municipal Code.
RF. Radio frequency.
SECTION 6409. Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 14SS(a).
SHOT CLOCK. The presumptively reasonable time defined by the FCC in which a state or local government must act on an application or request for authorization to place, construct or modify personal wireless service facilities.
SMALL WIRELESS FACILITY. The same as defined by the FCC in 47 C.F.R. § 1.6002(1).
STEALTH. Concealment techniques that make a wireless facility look like something other than a wireless facility. Stealth concealment techniques include, without limitation:
(1) Transmission equipment placed completely within existing or replacement architectural features such that the installation causes no visible change in the underlying support structure; and
(2) New architectural features that mimic or blend with the underlying or surrounding structures in style, proportion and construction quality.
WIRELESS FACILITY. A personal wireless service facility.
(Ord. 995 C.S., passed 10-19-22)