For purposes of this chapter, 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 or MWISP facilities, and located on the same property or lot as the wireless telecommunications or MWISP facilities, including but not limited to, utility or transmission equipment, storage sheds or cabinets.
(b) “Applicant” means any person submitting an application to the City of Middleburg Heights for a special use permit for wireless telecommunications facilities.
(c) “Application” means the form approved by the Planning Commission, together with all necessary and appropriate documentation that an applicant submits in order to receive a special use permit for wireless telecommunications or MWISP facilities.
(d) “Antenna” means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to radio, television, cellular, paging, personal telecommunications services (PCS), internet, and microwave telecommunications.
(e) “City” means the City of Middleburg Heights, Ohio.
(f) “Co-location” means the use of the same telecommunications tower or structure to carry two or more antennae for the provision of wireless services by two or more persons or entities.
(g) “Commercial Impracticability” or “Commercially Impracticable” shall have the meaning in this chapter and any special use permit granted hereunder as is defined and applied under the United States Uniform Commercial Code (UCC).
(h) “Completed Application” means an application that contains all information and/or data necessary to enable the Planning Commission to evaluate the merits of the application, and to make an informed decision with respect to the effect and impact of wireless telecommunications and WISP facilities on the City in the context of the permitted land use for the particular location requested.
(i) “Direct to home satellite services” or “Direct Broadcast Service” or “DBS” means only programming transmitted or broadcast by satellite directly to subscribers’ premises without the use of ground receiving equipment, except at the subscribers’ premises or in the uplink process to the satellite.
(j) “EPA” means State and/or Federal Environmenta1 Protection Agency or its duly assigned successor agency.
(k) “FAA” means the Federal Aviation Administration, or its duly designated and authorized successor agency.
(l) “FCC” means the Federal Communications Commission, or its duly designated and authorized successor agency.
(m) “Free Standing Tower” means a tower that is not supported by guy wires and ground anchors or other means of attached or external support.
(n) “Height” means, when referring to a tower or structure, the distance measured from the pre-existing grade level to the highest point on the tower or structure, even if said highest point is an antenna.
(o) “Microcell Wireless Internet Service Provider” means a provider of Internet connectivity using radio waves directly to the physical end-user location and using transmitting and receiving equipment facilities as described in division (p) hereof.
(p) “Microcell Wireless Internet Service Provider Facilities” means a structure, facility, or location designed, or intended to be used as, or used to support, antennas, as well as any functional equivalent equipment used to transmit or receive signals using FCC unlicensed bands, such as 802.11b or 802.11a, for the purpose of using these signals to provide a direct Internet connection to fixed physical locations of residents and/or businesses. It includes without limit any structure or supporting element for the antenna where the maximum height of the supporting structure is eighty feet above grade and the maximum height of any antenna on the same structure is eighty feet above grade. Lightning protection elements are not included in the determination of the maximum height of the supporting structure. All facilities not specifically defined under this category become part of the category “Wireless Telecommunications Facilities, WTF.”
(q) “MWISP Site”. See definition for “Microcell Wireless Internet Service Provider Facilities”.
(r) “MWISP Structure” means a structure used in the provision of services described in the definition of “Microcell Wireless Internet Service Provider Facilities”.
(s) “NIER” means Non-Ionizing Electromagnetic Radiation.
(t) “Person” means any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity.
(u) “Personal Wireless Facility”. See definition for “Wireless Telecommunications Facilities”.
(v) “Personal Wireless Services” or “PWS” or “Personal Telecommunications Service” or “PCS” shall have the same meaning as defined and used in the 1996 Telecommunications Act.
(w) “Planning Commission” means the City Planning Commission of the City of Middleburg Heights.
(x) “Special Use Permit” means the official document or permit by which an applicant is allowed to conduct and use Wireless Telecommunications Facilities or MWISP as granted or issued by the City.
(y) “State” means the State of Ohio.
(z) “Telecommunication Site”. See definition for Wireless Telecommunications Facilities.
(aa) “Telecommunications” means the transmission and reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
(bb) “Telecommunications Structure” means a structure used in the provision of services described in the definition of “Wireless Telecommunications Facilities”.
(cc) “Temporary” means in relation to all aspects and components of this chapter, something intended to, or that does, exist for fewer than ninety days.
(dd) “Wireless Telecommunications Facilities” or “Telecommunications Tower” or “Telecommunications Site” or “Personal Wireless Facility” except as otherwise provided in division (p) hereof means a structure, facility or location designed, or intended to be used as, or used to support, antennas, as well as antennas or Any functional equivalent equipment used to transmit or receive signals. It includes without limit, free standing towers, guyed towers, monopoles, and similar structures that employ camouflage technology, including, but not limited to structures such as a multi-story building, church steeple, silo, water tower, sign or similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, personal telecommunications services, or microwave telecommunications, but excluding those used exclusively for fire, police and other dispatch telecommunications, or exclusively for private radio and television reception and private citizen’s bands, amateur radio and other similar telecommunications.
(Ord. 2022-24. Passed 5-24-22.)