The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) “Antenna Support Structure” means any building or structure other than a Tower which can be used for location of Telecommunications Facilities.
(b) “Applicant” means any person that applies for a Tower Development Permit.
(c) “Application” means that process by which a Person or Owner submits a request to develop, construct, build, modify, or erect a Tower or Telecommunications Facility upon a parcel of land within the City. 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.
(d) “Engineer” means any professional engineer licensed by the State of West Virginia, and/or any broadcast/telecast, RF, or electronics engineer duly qualified or certified, but not registered by the State of West Virginia.
(e) “Monopole” refers to any Tower consisting of a single pole, constructed without guyed wires and anchors.
(f) “Owner” means any person with fee title or a long-term (exceeding ten (10) years) leasehold to any parcel of land within the City who desires to develop or construct, build, modify, or erect a Tower upon such parcel of land.
(g) “Person” is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.
(h) “Telecommunication Facility” means any system or facility including cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a Person seeks to locate or has installed upon or near a Tower or Antenna Support Structure. This shall include, but not be limited to, any device, system or facility that transmits and/or receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications, microwave dishes, directional antennas such as panels, omnidirectional antennas such as whip antennas, horns, and other types of equipment for the transmission or receipt of such signals, equipment buildings, shelters, or cabinets, or other accessory development associated with the transmission or reception of communications. This shall also include any device intended for receiving or transmitting television, radio, digital, microwave, cellular, personal communication service (PCS), paging, Specialized Mobile Radio, Enhanced Specialized Mobile Radio, or similar forms of wireless electronic communication. However, Telecommunications Facilities shall not include:
(1) Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned industrial or commercial; or
(2) Any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning category.
(i) “Tower” means any pole, spire, structure, self-supporting lattice, guyed, or monopole structure constructed from grade, including lines, cables, wires, braces, and mast, which supports Telecommunications Facilities. A tower may include, but not be limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and personal communication service (PCS) towers. The term Tower, as applied in this section, shall not include amateur radio operators' equipment as licensed by the FCC.
(Passed 1-13-03.)