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) "Antenna Support Structure" means any building or other structure other than a Tower which can be used for location of Wireless Telecommunications Facilities.
(b) "Applicant" means any Person that applies for a Conditional Use Permit pursuant to Section 1138.06
.
(c) "Application" means the process by which an Applicant submits a request and indicates a desire to be granted 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 Municipality concerning such a request.
(d) "Municipality" means the Municipality of Plain City, a municipal corporation, in the State of Ohio, acting by and through its Council.
(e) "Code" means the Codified Ordinances of the Village of Plain City.
(f) "Co-location" means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(g) "Council" means the Plain City Village Council.
(h) "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.
(i) "Engineer" means any engineer licensed by the State of Ohio.
(j) "Equipment Shelter" means the structure in which the electronic receiving and relay equipment for a Wireless Telecommunications Facility is housed.
(k) "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.
(l) "Monopole" means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(m) "Open Space" means land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).
(n) "Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for profit.
(o) "Tower" means a self-supporting lattice, 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.
(p) "Viewshed" means the area surrounding a Wireless Telecommunications Facility or Antenna Support Structure, within which the Facility or Structure is visible from street level.
(q) "Wireless Telecommunications Facilities" means any cables, wires, lines, wave guides, antennas and 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 six (6) feet in diameter or less which are located in an area zoned industrial or commercial;
(2) Any satellite earth station antenna one meter or less in diameter, regardless of zoning category, subject to the requirements of Section
1195.06
(a) (5).
(3) Antennas used by amateur radio operators are excluded from this definition.
(Ord. 05-08. Passed 2-25-08.)