Definitions. For purposes
of this Section and where not inconsistent with the context of a particular
Section, the defined terms, phrases, words, abbreviations and their
derivations shall have the meaning given in this Section. When not
inconsistent with the context, words in the present tense include
the future tense, words used in the plural number include words in
the singular number and words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
ACCESSORY FACILITY OR EQUIPMENT
An accessory facility or equipment serving or being used
in conjunction with wireless telecommunications facilities or wireless
support structures and located on the same property or lot as the
wireless telecommunications facilities, including, but not limited
to, utility or transmission equipment storage sheds, power supplies,
generators, batteries, cables, buildings or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
APPLICANT
Any wireless service provider submitting an application for
a special use permit for wireless telecommunications facilities.
APPLICATION
All necessary and appropriate documentation that an applicant
submits in order to receive a special use permit for wireless telecommunications
facilities.
AUTHORITY
Each State, County and municipal Governing Body, board, office
or commission authorized by law and acting in its capacity to make
legislative, quasi-judicial or administrative decisions relative to
zoning or building permit review of an application. The term shall
not include State courts having jurisdiction over land use, planning,
or zoning decisions made by an authority.
BASE STATION
A station at a specific site authorized to communicate with
mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplies and other associated electronics and
includes a structure that supports or houses an antenna, a transceiver,
coaxial cables, power supplies or other associated equipment.
BUILDING PERMIT
A permit issued by the City prior to commencement of work
on the collocation or replacement of wireless facilities on the existing
structure, the substantial modification of a wireless facility or
wireless support structure, or the commencement of construction of
any new wireless facility or wireless support structure, to ensure
that the work to be performed by the applicant satisfies the City's
applicable building codes.
COLLOCATION
The placement or installation of a new wireless facility
on a structure that already has an existing wireless facility, including
electrical transmission towers, water towers, buildings and other
structures capable of structurally supporting the attachment of wireless
facilities in compliance with applicable codes.
COMMERCIAL IMPRACTICABILITY OR COMMERCIALLY IMPRACTICABLE
The inability to perform an act on terms that are reasonable
in commerce, the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial
efficacy of the project. The inability to achieve a satisfactory financial
return on investment or profit, standing alone, shall not deem a situation
to be "commercial impracticable" and shall not render an act or the
terms of an agreement "commercially impracticable."
COMMISSION
The Planning and Zoning Commission of the City of Camdenton.
COMPLETED APPLICATION
An application that contains all information and/or data
necessary to enable an informed decision to be made with respect to
an application.
COUNCIL
The Board of Aldermen of the City of Camdenton.
DISGUISED SUPPORT STRUCTURE
Any freestanding, man-made structure designed for the support
of wireless facilities, the presence of which is camouflaged or concealed
as an architectural or natural feature. Depending on the location
and type of disguise used, such concealment may require placement
underground of the utilities leading to the structure. Such structures
may include, but are not limited to, clock towers, campaniles, observation
towers, pylon sign structures, water towers, artificial trees, flag
poles and light standards. For purposes of this definition, a structure
"camouflaged or concealed as an appropriately placed and designed
architectural or natural feature" shall meet the following additional
criteria:
1.
It is consistent with and contributes to and does not detract
from the character and property values and use of the area and neighborhood
in which it is located;
2.
It does not contain distorted proportions, size or other features
not typically found in the type of structure or feature to which it
is designed to replicate;
3.
It cannot be identified as an antenna or support structure by
persons with reasonable sensibilities and knowledge;
4.
Its equipment, accessory buildings, or other aspects or attachments
relating to the disguised support structure are wholly concealed using
a manner consistent with and typically associated with the architectural
or natural structure or feature being replicated; and
5.
It is of a height, design and type that would ordinarily occur
at the location and neighborhood selected.
ELECTRICAL TRANSMISSION TOWER
An electrical transmission structure used to support high
voltage overhead power lines. The term shall not include any utility
pole.
EQUIPMENT COMPOUND
An area surrounding or near a wireless support structure
within which a wireless facility is located.
EXISTING STRUCTURE
A structure that exists at the time a request to place wireless
facilities on a structure is filed with the City. The term includes
any structure that is capable of supporting the attachment of wireless
facilities in compliance with the applicable building codes, National
Electrical Safety Code and recognized industry standards for structural
safety, capacity, reliability and engineering, including but not limited
to towers, buildings and water towers. The term shall not include
any utility pole.
FAA
The Federal Aviation Administration or its duly designated
and authorized successor agency.
FCC
The Federal Communications Commission or its duly designated
and authorized successor agency.
HEIGHT
When referring to a tower or structure, the distance measured
from the pre-existing grade level to the highest point on the tower
or structure, even if said highest point is an antenna or lightening
protection device.
NIER
Non-ionizing electromagnetic radiation.
PERSON
Any individual, corporation, estate, trust, partnership,
joint stock company, association of two (2) or more persons having
a joint common interest or any other entity.
REPAIRS AND MAINTENANCE
The replacement of any components of a wireless facility
where the replacement is identical to the component being replaced
or for any matters that involve the normal repair and maintenance
of a wireless facility without the addition, removal or change of
any of the physical or visually discernible components or aspects
of a wireless facility that will add to the visible appearance of
the facility as originally permitted. This definition does not include
substantial modifications.
REPLACEMENT
The construction of a new wireless support structure of equal
proportions and equal height or such other height that would not constitute
a substantial modification to an existing structure in order to support
wireless facilities or to accommodate collocation and includes the
associated removal of the preexisting wireless facilities or support
structure.
SPECIAL USE PERMIT
The permit issued by the City prior to commencement of work
on the substantial modification of a wireless facility or wireless
support structure or the commencement of construction of any new wireless
facility or wireless support structure, to ensure compliance with
the City's zoning or land use regulations.
STATE
The State of Missouri.
STEALTH OR STEALTH TECHNOLOGY
To minimize adverse aesthetic and visual impacts on the land,
property, buildings and other facilities adjacent to, surrounding
and in generally the same area as the requested location of such wireless
telecommunications facilities which shall mean using the least visually
and physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances.
SUBSTANTIAL MODIFICATION
The mounting of a proposed wireless facility on a wireless
support structure which, as applied to the structure as it was originally
constructed:
1.
Increases the existing vertical height of the structure by more
than ten percent (10%) or the height of one (1) additional antenna
array with separation from the nearest existing antenna not to exceed
twenty (20) feet, whichever is greater; or
2.
Involves adding an appurtenance to the body of a wireless support
structure that protrudes horizontally from the edge of a wireless
support structure more than twenty (20) feet or more than the width
of the wireless support structure at the level of the appurtenance,
whichever is greater (except where necessary to shelter the antenna
from inclement weather or to connect the antenna to the tower via
cable); or
3.
Involves the installation of more than the standard number of
new outdoor equipment cabinets for the technology involved, not to
exceed four (4) new equipment cabinets; or
4.
Increases the square footage of the existing equipment compound
by more than one thousand two hundred fifty (1,250) square feet.
TELECOMMUNICATIONS
The transmission and/or reception of audio, video, data and
other information by wire, radio frequency, light and other electronic
or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE
A structure used in the provision of services described in
the definition of "WIRELESS TELECOMMUNICATIONS FACILITIES."
TEMPORARY
Temporary in relation to all aspects and components of this
Section, something intended to or that does not exist for more than
ninety (90) days.
TOWER
Any structure designed primarily to support an antenna for
receiving and/or transmitting a wireless signal.
UTILITY
Any person, corporation, County, municipality acting in its
capacity as a utility, municipal utility board, or other entity, or
department thereof or entity related thereto, providing retail or
wholesale electric, natural gas, water, wastewater, data, cable television,
or telecommunications or Internet protocol-related services.
UTILITY POLE
A structure owned or operated by a utility that is designed
specifically for and used to carry lines, cables or wire for telephony,
cable television electricity or to provide lighting.
WIRELESS TELECOMMUNICATIONS FACILITIES
Includes a "telecommunications site" and "personal wireless
facility." It means a structure, facility or location designed or
intended to be used as or used to support antennas or other transmitting
or receiving devices. This includes, without limit, towers of all
types and kinds and structures, including, but not limited to, buildings,
church steeples, silos, water towers, signs or other structures that
can be used as a support structure for antennas or the functional
equivalent of such. It further includes all related facilities and
equipment such as cabling, equipment shelters and other structures
associated with the site. It is a structure and facility intended
for transmitting and/or receiving radio, television, cellular, SMR,
paging, "911," personal communications services (PCS), commercial
satellite services, microwave services and any commercial wireless
telecommunication service not licensed by the FCC.
WIRELESS SUPPORT STRUCTURE
A structure, such as a monopole, tower or building capable
of supporting wireless facilities. The definition does not include
utility poles.