1355.01 Definitions.
1355.02 Purpose.
1355.03 Location.
1355.04 Permits.
1355.05 Types of construction permitted.
1355.06 Standards; compliance required.
1355.07 Review of permit application by the Planning Commission.
1355.08 Review of application by registered engineer.
1355.09 Time limitations for beginning and completing construction.
1355.10 Reimbursement of expenses.
1355.11 Permit fees.
1355.12 Antennas and towers on City- owned property.
1355.13 Noncompliance; equitable remedies.
1355.14 Additional remedies.
1355.99 Penalty.
CROSS REFERENCES
Interrupting or repairing television, radio, telephone, telegraph or other mass communication service - see Ohio R.C. 2909.04
Telegraph and telephone companies - see Ohio R.C. 4931
Powers and restrictions of public utility services - see Ohio R.C. 4931.11
Telecommunications - see Ohio R.C. Ch. 4937
Community antenna television - see BUS. REG. Ch. 701
Radio and television towers and satellite dish antennas - see B. & H. Ch. 1351
As used in this chapter:
(a) "Lattice" means a framework or structure of crossed metal strips, typically resting on three members constructed vertically, to which antennas are affixed.
(b) "Monopole" means a single, slender and typically cylindrical, vertical structure to which antennas or antenna support structures are affixed.
(c) "Substantial evidence" means more than a mere scintilla of evidence. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
(d) "Telecommunication" means technology permitting the passage of information from the sender to one or more receivers in a usable form by means of any electromagnetic system.
(e) "Wireless communication antenna" means an antenna system designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC), excluding amateur radio operators' antennas.
(f) "Wireless communication tower" means a tower, including, but not limited to, a self-supporting lattice or monopole, which elevates the wireless communication antenna and may include accessory transmission and receiving equipment.
(g) "Wireless telecommunication equipment building" means the structure in which the electronic receiving and relay equipment for a wireless telecommunication facility is housed.
(h) "Wireless telecommunication facility" means a 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.
(Ord. 8329-1997. Passed 4-1-97.)
The purpose of this chapter is to provide a process for permitting the construction and subsequent maintenance of telecommunication systems, including towers and antennas. This process is directed at maintaining a balance between the City's identified right to preserve its land use policies for health, safety, welfare and aesthetics and the Federal government's interest in providing for and spurring competition in the telecommunication arena. All legislation is directed at creating an environment where residents will have the greatest opportunity to benefit from the intent of the Telecommunications Act of 1996 to enhance competition while affecting the City's land use and property values in the least intrusive manner possible.
(Ord. 8329-1997. Passed 4-1-97.)
New wireless communication towers shall be located only in nonresidential zoning districts and shall be subject to the provisions of this chapter and the regulations of the particular zoning district in which the antenna and/or tower are proposed to be located, but only to the extent that such regulations do not conflict with the provisions of this chapter. Wireless communication antennas may be located in residential zoning districts so long as they are not associated with wireless communication towers, but are part of an existing structure. Such antennas shall be subject to the provisions of this chapter and the regulations of the particular zoning district in which the antenna is proposed to be located, but only to the extent that such regulations do not conflict with the provisions of this chapter. Wireless communication towers may be located in residential zoning districts through the grant of a variance by the Board of Zoning and Building Appeals so long as they are located inside electric high-tension towers and so long as they do not exceed ten feet above the height of the existing electric high-tension tower.
(Ord. 8329-1997. Passed 4-1-97.)
(a) Applicants are encouraged to appear before the Planning Commission for a pre-review of proposed wireless communication antenna and tower sites, which pre-review may be conducted by the Planning Commission upon the applicant's submittal of a site plan with the general location, type of structure and height being reviewed, together with surrounding uses.
(b) A wireless communication antenna and/or tower shall not be constructed or erected except upon a permit issued by the Building Commissioner after approval by the Planning Commission, after a public hearing, with advance notice of the hearing, published in a newspaper of general circulation in the City and by certified mail to all owners of property abutting the parcel on which the antenna and/or tower are to be located. The foregoing requirement of public notice, a hearing, and approval by the Planning Commission may be waived by the Building Commissioner for the construction of a new antenna and/or replacement of existing antenna on an existing structure, provided that the construction of a new tower and associated facilities is not required by the application. Any decision to deny a request to place, construct, or modify a wireless communication antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Planning Commission.
(c) With the permit application to the Planning Commission, the applicant shall file a complete set of plans and specifications, a site plan showing the location of the tower and associated buildings, uses and structures on the same and adjacent parcels, and any other information deemed necessary by the Planning Commission for a review of the application. The applicant is also encouraged to provide photographs showing structures and uses on adjacent parcels. The application shall also include the applicant's proposed total number of towers, if more than one, and the additional tower locations in the City. The applicant shall also place on deposit the applicable fees required by Section 1355.11 and shall also place on deposit the amount necessary for the City to obtain a certification from a registered engineer, pursuant to Section 1355.08, that the proposal is in compliance with all Federal, State and local regulations. As part of the permit application, the applicant shall provide the City with a list of competitors, together with their addresses, so that the City may notify the competitors of the application in an effort to encourage co-location.
(d) Approval by the Planning Commission of the granting of a permit shall become effective only following review and a public hearing by City Council. The requirement of a public hearing before City Council may be waived by Council if the application is for co-location or if the application is for location on City-owned property. Written notice of the granting of such permit shall be filed forthwith by the Secretary of the Planning Commission with the Clerk of Council. If, within the thirty-day period next succeeding such filing, Council, by a majority vote, disapproves the Commission's action in granting the permit, the permit shall be void and shall not be issued; otherwise, it, together with any conditions imposed by Council, shall be in full force and effect on the day next succeeding the thirty-day period. However, should Council approve the action of the Planning Commission within the thirty-day period, the permit shall be in full force and effect from the date of the approval. Any decision to deny a permit to place, construct or modify a wireless communication antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Council.
(Ord. 8329-1997. Passed 4-1-97; Ord. 9647-2010. Passed 5-5-10; Ord. 9925-2014. Passed 7-1-14.)
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