As used in this chapter, the following words and phrases shall have the following meanings:
(a) Antenna:
(1) (Generally): Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, when such system is either external to or attached to the exterior of a structure.
(2) Antenna, Building Mounted: Any antenna, other than one with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building-mounted mast, or similar structure, other than towers or antennas as defined by this chapter.
(3) Antenna, Directional: Also known as a "panel antenna", a device which transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees.
(4) Antenna, Ground-Mounted: Any antenna with its base, single or multiple posts, placed directly on the ground.
(5) Antenna, Omni-Directional: Any antenna which transmits and/or receives radio frequency signals in a 360-degree radial pattern.
(6) Antenna, Parabolic: Also known as "satellite dish antenna", a device which incorporates a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl, or saucer-shaped, and is used to transmit and/or receive electromagnetic or radio frequency communication signals in a specific directional pattern.
(7) Antenna, Portable: Any device used to transmit and/or receive electromagnetic frequency communications signals in a specific pattern, located on a portable or moveable base, to be placed for either temporary or long term use at a given site.
(8) Antenna, Wireless Telecommunications: Any antenna system designed to transmit and/or receive communications as authorized by the Federal Communications Commission (FCC), including amateur radio operators' antennas.
(b) Camouflage: The concealment of wireless telecommunications antennas and towers by means of mimicking other objects; to disguise with colors, foliage, etc., including the placement of such devices.
(c) Cellular: A wireless transmission technology which uses a grid of antennas (cell sites) to send and receive signals from mobile telephones.
(d) Cellular Telecommunications Service: Personal communications accessed by means of cellular equipment and services.
(e) Co-location: The use of a wireless telecommunications facility, comprising a single wireless telecommunications tower, building, or other structure permanently affixed to real property, by placing two or more antennas, disks, pods, or other similar devices used for telecommunications by more than one telecommunications provider, whether public or private.
(f) Co-usage: The addition of a wireless telecommunications tower, antenna, and/or other related facilities to an existing structure, building, apparatus, piece of equipment, or natural formation, such as a tree, not originally designed, engineered, or constructed as a telecommunications tower or related facility.
(g) Commercial Wireless Telecommunications Services: Wireless telecommunications services by private providers licensed by the FCC, including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public.
(h) District: A "district" as defined in Section 1260.06(45) of this Zoning Code; also a zoning classification.
(i) FAA: The Federal Aeronautics Administration.
(j) FCC: The Federal Communications Commission.
(k) Facility; Facilities: An entire wireless telecommunications site, including a tower, equipment building, parking area, and other structures and signs, or one or a combination of these objects and devices.
(l) Locate; Location: To place (or the placement of) a tower or related wireless telecommunications facility and incidental structures on a lot within the corporate boundaries of Vermilion.
(m) Lot: A "lot" as defined in Section 1260.06(68) of this Zoning Code.
(n) NIER: Non-ionizing electromagnetic radiation, that is, electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum.
(o) PCS: Personal communications services, typically wireless, digital transmission, or cellular telecommunications generally.
(p) Personal Wireless Telecommunications Service: Communications service provided by a commercial mobile service provider. It includes a common carrier wireless exchange access services, cellular services, and digital services.
(q) Place; Placement: To locate (a tower or related wireless telecommunications facility and incidental structures) on a lot.
(r) Premises: For purposes of this chapter, a zoning lot, or the immediate vicinity (of a tower and related wireless telecommunications facility), consisting of land and structures and appurtenances thereof.
(s) Provider: A private or public, including governmental and quasi- governmental, entity, licensed by the FCC, which provides wireless telecommunications services.
(t) Public Utility: Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For purposes of this chapter, telecommunications facilities of any kind shall not be considered public utilities.
(u) Quasi-Public: Owned or controlled at least in part by a governmental entity, or public non-profit agency or organization duly authorized by law.
(v) Radio Frequency (RF): Any of the electromagnetic wave frequencies that lie in the range extending from below three kilohertz to about 300 gigahertz and that include frequencies for radio, television, and wireless telecommunications.
(w) Residential District: For purposes of this chapter, all land within the corporate boundaries of the City of Vermilion zoned for residential use.
(x) Structure: Any man-made building or object affixed to a lot.
(y) Telecommunications: All communications services and the use thereof, whether by means of public or private providers, including cellular telecommunications, personal wireless services, and amateur radio broadcasting, by any transmission, emission, or reception of signals, writing, images, and sounds, or information of any nature by wire, radio, visual, or the electromagnetic system.
(z) Telecommunications Act of 1996: Public Law 104-104, as adopted by the Congress of the United States, February 8, 1996, as may from time to time be amended. This law is the basic law governing wireless telecommunications.
(aa) Tower:
(1) (Generally): Any ground or above ground mounted pole, spire, structure, or combination thereof, taller than fifteen feet, including supporting lines, cables, wires, braces, or masts, and including smoke stacks, water towers, and other similar structures which can accommodate the mounting of an antenna, meteorological or telecommunications device, or similar apparatus above ground.
(2) Multi-User: A tower to which is attached the antennas of more than one wireless telecommunications service provider, including a governmental entity, or other similar provider.
(3) Single-User: A tower to which is attached only the antenna(s) of a single provider, although such tower may be designed to accommodate the antennas of multiple users.
(4) Lattice: A support structure constructed of vertical metal struts and cross braces forming a triangular or rectangular structure which often tapers from the foundation to the top.
(5) Monopole: A support structure constructed of a single, self-supporting pole or similar device securely anchored to a foundation, not necessarily the ground.
(6) Cellular or Wireless Communications: Any tower as defined in this chapter used to support a cellular or wireless telecommunications antenna(s). Such tower may be a mast, pole, monopole, guyed tower, lattice tower, free-standing tower, or other structure designed and primarily used to support antennas. When a building permanently affixed to real property is used to support a device as defined in this ordinance as a tower, and that device extends above the highest point on such building by more than fifteen feet, and used for telecommunications purposes, the building and device so extending, shall be considered a tower under this chapter.
(bb) Wireless Telecommunications: For purpose of this chapter, means the same as "telecommunications", "personal communication system(s)", "PCS", or "communications".
(cc) Wireless Telecommunications Equipment Building (Equipment Building): The structure in which the electromagnetic receiving and relay equipment for a wireless telecommunications facility is housed.
(dd) Wireless Telecommunications Facility (Facility; Facilities): The facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(ee) Zoning District: A zoning district established by the Charter of the City of Vermilion and/or any of its duly adopted zoning regulations; for purposes of this chapter, is synonymous with "zoning classification".
(Ord. 99-46. Passed 10-24-99.)