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For purposes of this chapter, the following definitions shall apply:
CELLULAR ANTENNA. Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whips, at frequencies on the electromagnetic spectrum as the Federal Communications Commission ("FCC") from time to time may designate used for cellular telecommunications services and/or personal communications services, but not including such structures or devices when used for the broadcast of television or AM or FM radio stations or for citizens' band or amateur radio use.
CELLULAR ANTENNA TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more cellular antennas, including without limitation guyed towers, lattice towers, monopoles, alternative cellular antenna tower structures and towers taller than 15 feet constructed on top of a building, along with any separate building on the premises used to house any supporting electronic equipment.
CO-LOCATION. The locating of one or more cellular antennas for more than one provider on a single cellular antenna tower or alternative cellular antenna tower structure on a single premise.
HEIGHT OF ANTENNA TOWER. The distance from the anchored base of the tower, whether on the top of a building or at grade, to the highest point of the structure, even if the highest point is the top of an antenna.
TELECOMMUNICATIONS FACILITY. The lot, tract, or parcel of land that contains the telecommunications antenna, its support structure, any accessory buildings and parking facilities, including other uses associated with an ancillary to telecommunications transmission.
UNIFORM APPLICATION. The application for a certificate of public convenience and necessity issued pursuant to KRS 278.020 submitted by a utility to the Kentucky Public Service Commission authorizing the construction of an antenna tower for cellular telecommunications services or personal communications services.
UTILITY. Any person or entity, except a city, which owns, controls, operates or manages any facility used or to be used for or in connection with:
(1) The generation, production, transmission or distribution for compensation of electricity to or for the public for lights, heat, power or other uses;
(2) The production, manufacture, storage, distribution, sale or furnishing of natural or manufactured gas or a mixture of same for compensation to or for the public for heat, light, power or other uses;
(3) The transporting or conveying of gas, crude oil or other fluid substance by pipeline for compensation to or for the public;
(4) The diverting, developing, pumping, impounding, distributing or furnishing for compensation of water to or for the public;
(5) The transmission or conveyance over wire, in air or otherwise for compensation of any message by telephone or telegraph for the public; or
(6) The treatment of sewage for compensation for the public.
(Ord. 01-25, passed 7-24-01; Am. Ord. 01-38, passed 11-03-01)