(a) Wireless Communication Facilities are either permitted uses or conditional uses in a variety of zoning districts contingent on a number of requirements being met. Specifically such facilities are permitted uses in the zoning districts as so indicated in the following Sections of this Chapter and as found on the Official Zoning Map of the City. Said facilities shall be permitted uses in all other districts on any public or institutional property owned by the City, County, State of Ohio or School District subject to all other requirements of this Chapter.
(b) The following general requirements shall apply to all Wireless Communication Facilities regardless of the zoning district in which they are to be located. These general requirements may be supplemented with regulations that specifically apply to uses stated to be permitted and conditional uses. Any such supplemental regulations are listed in this Chapter for the specific zoning districts to which they apply:
(1) General Requirements:
A. The maximum Tower or Antenna Height permitted within the City is two hundred (200) feet unless otherwise stated in this Chapter. The Planning Commission may waive this requirement depending on the requirements of the zoning district in which the facility is to be located and the surrounding environment of the location for the facility.
B. A Wireless Communication Facility tower or antenna as defined in this Chapter that is mounted to an existing communications tower (whether such communications tower is for personal communications services uses or not), smoke stack or water tower or other tall structure, shall be permitted uses in all zoning districts of the City of Bellefontaine. Wireless Communication Facilities antennas may also be located on the top of buildings, which are themselves no less than fifty (50) feet in height. Such facilities may be approved by the Planning Commission as an accessory use to any commercial, professional, office or institutional structure provided:
1. The Wireless Communication Facility is designed to be as unobtrusive as possible, and; shall match or be compatible with, the structure on which it is located; and;
2. The Wireless Communication Facility does not extend more than twenty-five (25) feet above the highest point of the supporting structure, and;
3. The Wireless Communication Facility complies with all applicable FCC and FAA regulations, and;
4. The Wireless Communication Facility complies with all applicable building codes and any additional equipment or structure is fully screened and located in accordance with the underlying zoning district requirements.
5. Any Wireless Communication Facility and its appurtenances located on the roof of a building are to be set back one (1) foot from the edge of the roof of said building for each one (1) foot in height of the Wireless Communications Facility. However this setback requirement shall not apply to antennas less than two (2) inches in diameter, which are mounted to the sides of any antenna, support structures and which do not protrude more than six (6) inches from the side of such antenna support structure.
a. The setback mentioned in this subsection does not apply to any Wireless Communication Facility that is located on an elevator penthouse of said building, provided that such facility meets applicable FCC and FAA requirements.
b. Historic Structures/Downtown District: Any application to locate any Wireless Communication Facility, tower or antenna on a building or structure that is listed on a historic register, or is in a historic distr/ct or Downtown District, shall be subject to review by the Planning Commission which shall review the aesthetic or architectural impact of the proposed facility location.
c. Wireless towers and antennas sites shall not be located in any residential zoning district with the exception of public property, institutional property or open spaces as defined in Section 961.10.
(2) Design Requirements:
A. All towers shall be of Monopole construction. Lattice towers and guyed towers are prohibited. The lattice or guyed tower restrictions may be waived by the Planning Commission if the proposed facility is compatible with the requirements of the zoning district in which said facility is to be located.
B. Towers shall maintain a galvanized steel finish, noncontrasting gray or similar color that will minimize its visibility. The City reserves the right to require that these towers be of an appropriate color so as to reduce visual obtrusiveness. If required by the FAA, towers may be painted pursuant to FAA or ODOT requirements.
C. All new and replacement wireless towers or antennas in the City shall be an approved design. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and its supporting equipment as unobtrusive as possible as determined by the Planning Commission.
D. License or Lease: In all cases a license or lease authorizing a wireless tower or antenna to be located on public property must be approved by the appropriate public authority.
E. Antennas mounted on utility poles or light poles: The equipment cabinet or structure associated with the Wireless Communication Facility shall be located according to the following:
1. The equipment cabinet or structure shall be designed to minimize its visual impact and shall be screened in accordance with the zoning requirements in the district in which it is located.
2. The maximum height of the equipment cabinet or structure w/Il be in conformance with the zoning district in which said cabinet or structure is located.
F. Co-Location: As a condition of issuing a permit to construct and operate a tower in the City, the owner/operator of the tower is required to allow co-location until said tower has reached full antenna capacity, but in no event shall the tower be:
1. Able to accommodate fewer than one (1) additional antenna for one (1) additional provider.
2. Antenna towers are not permitted to be built to a height which exceeds the applicant's service need as substantiated by the testimony of a radio frequency engineer.
3. If the tower must be extended in the future to accommodate co-location, the initial tower foundation must be designed to support this co-location capacity, and the tower must be designed to accommodate this extension capability.
4. The antenna tower setback defined in paragraph H. below must be based on the ultimate co-location tower height planned. This ultimate height must be specified on the drawings submitted. Tower height shall not be extended until co-locators are installed.
5. Agreement to this provision must be included in the lease by the landowner, if different from the owner/operator of the wireless tower or antenna. Written documentation must be presented to the Planning Commission evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this section as well as the requirements, regulations and standards established in this Chapter.
6. As an additional condition of issuing the permit to construct and operate the wireless tower or antenna in the City, the owner/operator of the tower is required to sign a statement that all disputes with future providers concerning co-location and the terms and conditions of co-location shall be submitted to commercial arbitration under a system selected by the parties but if the parties are unable to agree, then under the auspices of the Commercial Arbitration Provisions of the American Arbitration Association.
7. Public Property First: To encourage the location of Wireless Communication Facilities on publicly owned property, the City shall undertake the review and identification of such properties that the City determines are suitable for such use. The City shall regularly update such information and make it available to the public.
a. Person locating Wireless Communication Facilities upon such identified publicly owned properties shall be exempt from requirements stated herein regarding presentation of proof that facilities owned by other persons or in other locations is not available, provided however persons locating such facilities on publicly owned property shall remain subject to the provision that any such facility must be capable of supporting at least one (1) additional wireless facility owned by other persons.
b. In addition, person locating Wireless Communication Facilities on publicly owned property identified by the City for such uses, shall be exempt from the requirements for written documentation from property owners as specified in Section 961.02 (f)(5) above.
G. Separation: There shall be a separation of at least one quarter (1/4) mile between new antenna towers. The Planning Commission or its designee may waive this requirement for the purposes of clustering of towers and placement of towers on electric high-tension towers or if the tower being considered for co-location is not capable of supporting additional antennas.
H. Setbacks and Lot Area: Wireless Communication Facilities shall meet the minimum yard setback requirements as set forth in the Zoning Code for the Zoning District in which the antenna and/or tower is proposed to be located. The lot on which the facility is located shall meet all lot area requirements for that Zoning District and as defined by this Chapter. Setback distances shall be measured from the property line on which the Wireless Communication Facility is located to the closest point on the perimeter of the antenna tower, excluding guy wires and other similar miscellaneous stabilizers.
I. Service Equipment: All cable, conduit, piping, equipment and miscellaneous devices serving wireless telecommunication facilities shall be either buried or concealed within the structures involved, except when otherwise required by the Ohio Basic Building Code and the National Electric Code.
J. Accessory Structures: All principal structures, accessory structures, buildings, shelters and equipment enclosures, together with supporting development including, but not limited to, fence enclosures, driveways, gates and miscellaneous pavement serving and supporting the operation of the antenna tower(s) and antenna(s) shall meet the following requirements:
1. Compatibility: All development including, but not limited to, buildings, shelters, enclosures, driveways, gates and miscellaneous pavement shall meet the zoning standards of the underlying zone and shall be consistent with the Codified Ordinances of the City of Bellefontaine.
2. Underground equipment shelters will be required where appropriate screening of such shelters cannot be accomplished.
K. Storage: Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited unless it is permitted in the zoning district in which the Wireless Communication Facility is to be located.
L. Fences: Fencing should be appropriate for the area in which the tower or antenna is to be located and compatible with the surrounding environment and the applicable City codes. No impact facilities are not subject to this requirement. Use of barbwire is permitted if compatible with the applicable zoning requirements and surrounding land uses where the Wireless Communication Facility is to be located. Use of razor wire as part of any fencing is prohibited. The City reserves the right to require specific fencing in any visibility sensitive areas.
M. Landscape: A landscaped buffer area compatible with the surrounding environment and the zoning district in which the facility is to be located shall be provided. If the tower or antenna is to be located in close proximity to a residential district, the Planning Commission may require landscaping consistent with that adjacent area. Such landscaping may include, but not be limited to: (1) A landscape buffer of not less than ten (10) feet in depth shall be placed between the wireless tower or antenna and the public rights-of-way, residential zoning districts, and any adjacent residential uses when the wireless facility is ground based. (2) The ten (10) foot landscape buffer shall consist of a tight screen fence of hardy evergreen shrubbery not less than six (6) feet in height. The landscaping shall be continuously maintained and any dead material shall be promptly removed and replaced with living material of the same species. Additional landscaping buffers may be required by the Planning Commission to meet the goals of the City and to be consistent with the surrounding area. No impact facilities and rooftop facilities are not subject to this requirement.
N. Illumination: Except as required by law, a wireless tower or antenna shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by FAA regulations, white strobe lights shall not be permitted at night unless the FAA permits no other alternative. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding view. Lighting for security purposes shall be permitted at the Wireless Communication Facility with prior approval of the Planning Commission.
O. Advertising/Signs: No advertising or signs shall be permitted on any Wireless Communication Facility.
P. Security: No Trespassing signs shall be posted around the Wireless Communication Facility with a telephone number of a person to contact in the event of an emergency.
Q. Certification: Towers and antennas shall be designed and sealed by a registered professional engineer in accordance with the provisions of the Ohio Basic Building Code and the National Electric Code.
R. Building Codes; Safety Standards: The owner of a Wireless Communication Facility as defined in this Chapter shall ensure that said facility is maintained in compliance with standards contained in all applicable state or local building codes and the applicable standards for such facilities published by the Electronic Industry Association as now exist or may hereafter be amended. If, upon inspection, the City determines that the facility fails to comply with any such codes or standards and constitutes a danger to persons or property, then upon written notice being provided to the owner of the facility, said owner shall have thirty (30) days to bring said facility into compliance with such codes and standards. Failure to bring said facility into compliance within the said thirty (30) days shall constitute grounds for the removal of the facility at the owner's expense.
S. License to Operate: Owners and operators of Wireless Communication Facilities shall submit copies of all franchises, certifications, licenses, and permits required by law for the design, construction, location and operation of Wireless Communication Facilities within the City. Owners and operators shall be required to maintain same and to provide evidence of renewal or extension thereof when requested by the City.
T. Notice to Audit Committee of Bellefontaine City Council: The Planning Commission shall notify the Chair of the Audit Committee or its designee of any and all requests that the Planning Commission receives regarding placement of Wireless Communication Facilities within the City of Bellefontaine. The Audit Committee or its designee shall also be notified by the Planning Commission of any dates including the location and times regarding hearings on any such requests.
(Ord. 00-97. Passed 11-28-00.)
(Ord. 00-97. Passed 11-28-00.)