The following words, terms, and phrases, when used in this article, 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 other structure fifty feet in height or taller 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 the process by which the owner, or the owner’s legal representative, of a plot of land within the City submits a request to develop, construct, build, modify, or erect a tower upon such land. 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) “City” means the City of Westover.
(e) “Electrical Engineer” means an electrical engineer registered as a Professional Engineer by the State of West Virginia.
(f) “Existing Tower” means a tower that is in existence/is being constructed on the effective date of this article.
(g) “Normal Business Hours” means those hours during which most businesses in the community are open to serve customers.
(h) “Owner” means any person with fee simple title to any plot of land within the City who desires to develop, construct, build, modify, or erect a tower upon such land.
(i) “Person” is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.
(j) “State” means the State of West Virginia.
(k) “Stealth” means any tower or telecommunications facility that is designed to blend into the surrounding environment through the use of camouflage or other appropriate landscaping or construction techniques.
(l) “Structural Engineer” means a structural engineer registered as a Professional Engineer by the State of West Virginia.
(m) “Telecommunications Facilities” means any cable, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications (other than radio and television broadcast communications) which a person seeks to locate or has installed or near a tower or antenna support structure. However, the term “telecommunications facilities” shall not include:
(1) Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; or
(2) Any satellite earth station antenna one meter or less in diameter, regardless of the zoning category.
(n) “Tower” means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term tower shall not include amateur radio operator’s equipment, as licensed by the FCC.
(o) “Tower Owner” means the person that owns or control a tower.
(Ord. 318. Passed 2-4-08.)