(a) In accordance with the provisions of this Chapter, conditional use approval for all Wireless Communication Facilities shall be required for all locations so designated in this Chapter and on the Official Zoning Map of the City. Co-location of antennas on a single tower, antennas attached to existing structures or buildings, towers located in Industrial Districts or replacement towers to be constructed at the site of a current tower are permitted uses and shall not be subject to the conditional use permitting process.
(1) The applicant shall demonstrate that the tower must be located where it is proposed in order to service the applicant's service area.
(2) If the tower is located on property, with another principal use, the applicant shall present documentation that the owner of the property supports the application and that vehicular access, if provided to the facility, does not interfere with the principal parking or vehicular traffic on the site.
(3) The applicant shall present a site/landscaping plan showing the specific location of the facility, on the site, location of existing trees and other significant site features and indicating the type and location of plant materials used to screen the facility and the proposed color of the facility.
(4) The applicant must present a signed statement stating that the applicant agrees to allow for the potential co-location of additional Wireless Communication Facilities by other providers on the applicant's structure or within the same site location.
(b) Planning Commission Review: A Wireless Communication Facility shall not be constructed or erected except upon issuance of a permit by the City after approval by the Planning Commission. The Planning Commission shall conduct a public hearing with notice being given to the Audit Committee of the Bellefontaine City Council and advanced notice of the hearing published in a newspaper of general circulation in the City. The applicant shall notify, by certified mail, all property owners within a distance equal to four (4) times the proposed tower height, rounded to the nearest ten (10) foot increment, from any part of the subject property on which the tower is to be located. A dimension of five (5) feet shall be rounded up to the next ten (10) foot increment. The foregoing requirement of public notice and hearing may be waived by the Planning Commission for the construction of a new antenna on an existing structure which application does not require the construction of a new tower or associated facilities.
(1) In granting conditional use approval, the Planning Commission may impose conditions to the extent the Commission concludes that such conditions are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.
(2) Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by an Ohio licensed professional engineer.
(3) An applicant for a conditional use shall submit the information described in this Section and a non-refundable fee as established by the City to reimburse the City for the costs of reviewing and providing legal notice for the application.
(c) City Council Review: Approval of the permit by the Planning Commission and Audit Committee will become effective only following a review and public hearing by the City Council. The requirement of a public heating before City Council may be waived by the City Council if either:
(1) The application is for co-location on an existing antenna tower or
(2) The application is for location on an existing building and is otherwise implemented in accordance with the provisions of this Chapter.
(d) Notification: The applicant shall notify all of the owners of the location proposed for the tower and all owners of land within the area described and in the manner described in Section 961.08(b) of the time and place of the public meeting at which such application will be considered.
(e) Any decision to deny a request to place, construct or modify a Wireless Communication Facility and/or tower shall be in writing and supported by evidence contained in a written record of the Planning Commission.
(Ord. 00-97. Passed 11-28-00.)
(Ord. 00-97. Passed 11-28-00.)