(a) General. Wireless service provider (WSP) structures, as defined in Section 1242.02, are conditionally permitted uses in the residential districts and the C-O district. They are also conditionally permitted uses in all SPD districts unless the SPD guidelines specifically indicate to the contrary. In districts where they are listed as permitted uses, wireless service provided structures may be issued zoning certificates without review under Chapter 1278, subject to the requirements below:
(1) In districts where they are conditionally permitted, WSP structures shall be located 110 percent of the tower height away from all property lines. In districts where they are permitted uses, WSP structures shall be located 110 percent of the tower height from a residential district or a multiple family property line;
(2) Subject to the provisions in subsection (a) above, WSP structures shall comply with the yard requirements of the applicable zoning district;
(3) WSP structures shall not use guy wires for support. WSP structures shall be self-supporting or use a horizontal support brace attached to a building;
(4) WSP structures shall be no higher than the minimum height necessary and shall not exceed 90 feet high;
(5) WSP structures shall include a sign no larger than 4 square feet containing the name(s) of the owner(s) and operator(s) of the antenna and emergency phone number(s). The sign shall not be lighted; and
(6) WSP structures shall be grounded and shall be attached to the ground and to supporting buildings according to the requirements of the Ohio Building Code.
(b) Recertification. The owner or operator of approved WSP structures shall submit a written request for recertification within 2 years thereafter. The recertification request shall include information on changes to the WSP structure or antennas since the original approval and shall certify that the structure and antennas remain in compliance with all applicable codes and ordinances, including the performance security required by subsection (d) below. The recertification requests shall be reviewed by the Planning Commission for a WSP structure approved as a conditional use and by the Division of Permits and Inspections (Division) for other WSP structures. If, after such review, the Planning Commission or Division determines the WSP facilities remain in substantial compliance with the original approval and all applicable codes and ordinances, the Commission or Division shall recertify the WSP structure and antennas for an additional 2 year period. If the Commission or Division determines that the WSP structure and antennas are not in substantial compliance with the original approval and all applicable codes and ordinances, the Commission or Division shall notify the owner or operator that certification has lapsed and the structure and antenna shall be removed. Such determinations shall be in writing and supported by substantial evidence contained in a written record.
(c) Removal. The City of Brunswick may determine that the health, safety and welfare of the City warrant removal of the WSP structure under one or more of the following circumstances:
(1) Certification of the WSP structure has lapsed as provided above;
(2) The WSP structure has been abandoned for a period exceeding 90 days;
(3) The WSP structure is in a state of disrepair constituting a health or safety hazard;
(4) The WSP structure has been installed or modified without approval by the City of Brunswick; or
(5) The bond required in subsection (d) below has lapsed.
(d) Performance Security. The applicant of the owner of record of the WSP structure shall deposit with the City a bond or other form of security acceptable to the Law Director in an amount of five thousand dollars ($5,000) for each WSP structure. The bond's initial term and all subsequent extensions shall be for a minimum of 2 years and shall not be subject to reduction or cancellation of coverage without at least 30 days prior written notice to the City. Alternatively, the applicant or owner may provide a cash deposit of one thousand dollars ($1,000). The performance security shall be in place at the time of the initial application for the WSP or the application for decertification. The performance security is intended to assure the faithful performance of the terms and conditions of the Zoning Ordinance and shall remain in full force and effect until the WSP structure is removed.
(Ord. 9-03. Passed 1-27-03.)