A. Purpose: These regulations are established to provide for the construction and use of Wireless Telecommunication Facilities in the City of Centerville. The regulations allow Wireless Telecommunication Facilities as a conditional use, or permitted accessory use depending upon the specific land areas of the City in which, and circumstances under which, they are proposed to be located. The purpose of these regulations is to balance the competing interests created by the federal Telecommunications Act of 1996 (Public Law 104 104, codified at 47 U.S.C. §§ 151 et seq.), the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the interests of the City in regulating Wireless Telecommunication Facilities for the following reasons:.
1. To protect property values and provide for orderly development within the City;
2. To insure that adequate telecommunication services are available within the City;
3. To protect the visual character for residents and wireless users of the City, including, but not limited to, its residential character, unobstructed open spaces, attractive commercial/office areas, and trees and other vegetation;
4. To maintain the historic character of certain portions of the historic central portion of the City from the potential for visual blight caused by Towers and related facilities;
5. To protect residential properties, parks, open spaces and non-intensive, mainly low-rise commercial zoning districts from the potential adverse effects of Towers and related Facilities;
6. To promote Co-location of Wireless Telecommunications Facilities in order to minimize the potential adverse effects of additional single-provider Towers in the City;
7. To provide for and protect the health, safety and general welfare of the residents and visitors of the City; and
8. To maintain, where possible, the integrity of the existing zoning regulations contained in the UDO.
B. Applicability: No person shall construct, erect, maintain, extend or remove a Wireless Telecommunication Facility in the City unless it is in compliance with the purposes and provisions of Article 9.55, not withstanding applicable state or Federal regulations specific to wireless telecommunications facilities which may supersede local regulations. (Ord. 17-16)
C. Designation of Wireless Telecommunication Facilities Overlay District, (WFTO)
1. Where applicable, the regulations governing the Wireless Telecommunications Facilities Overlay District shall control and supersede wherever they are inconsistent with other provisions of the UDO. If no inconsistency exists between the provisions of this WTFO District and the provisions of the underlying zoning district, other provisions of this UDO shall remain in full force and effect and shall regulate all land use and development.
2. Relationship to Base Districts: The Wireless Telecommunication Facilities Overlay District (WTFO) is an overlay zone which may be applied in the manner described to existing zoning districts in the locations listed in Article 9.55(C)(3), Location of District.
3. Location of District: The WTFO is limited to land within the following existing zoning districts, as illustrated on the zoning map: A, Agriculture; I-1, Light Industrial; I-PD, Industrial Planned Development; B-2, General Business District; B-PD, Business Planned Development; O-PD, Office Planned Development and R-PD, Residential Planned Development. (Ord. 17-16)
D. Use Regulations
1. Permitted use.
a. The erection or construction of a Wireless Telecommunication Antenna(e) on an existing Wireless Telecommunication Tower witin the WTFO district may be permitted as an accessory use as a co-location on such a Tower provided that all electronic and relay equipment for the Wireless Telecommunication Antenna shall be housed, if available, within the existing Equipment Shelter or as such Shelter may be expanded. Such use may be approved upon submission of an application to the City Planner which meets all applicable regulations of Article 9.55 related to the placement, construction and operation of the Wireless Telecommunication Equipment and related Facilities associated with such Antenna(e).
2. Permitted accessory use.
a. The installation of a Wireless Telecommunications Antenna(e) where the construction or erection of a Wireless Telecommunications Tower is not proposed, shall be permitted as an accessory use on existing buildings or structures in the WTFO overlay district under the following circumstances:
i. All Wireless Telecommunication Facilities shall not be located greater than 10 feet above the roofline of an existing building or structure to which it is attached. All electronic and relay equipment for the Wireless Telecommunication Antenna shall be housed within the existing building or structure, if possible.
ii. Any Equipment Shelter shall be designed as an integral part of the principal building or concealed with similar architectural treatment and materials as the exterior of the building.
iii. To the extent the remaining standards of Article 9.55 are applicable to the situation involving the installation of a Wireless Telecommunication Antenna(e) on an existing building or structure, such standards shall govern the installation.
3. Conditionally permitted use.
a. Wireless Telecommunication Antenna(e): The installation of a Wireless Telecommunication Antenna (e) where the construction or erection of a Wireless Communication Tower is not proposed, shall be permitted as a conditional use per Article 5.09 on existing buildings or structures outside the WTFO overlay district under the following circumstances:
i. All Wireless Telecommunication Facilities shall not be located greater than 10 feet above the roofline of an existing building or structure to which it is attached. All electronic and relay equipment for the Wireless Telecommunication Antenna shall be housed within the existing building or structure, if possible.
ii. Any Equipment Shelter shall be designed as an integral part of the principal building or concealed with similar architectural treatment and materials as the exterior of the building.
iii. To the extent the remaining standards of Article 9.55 are applicable to the situation involving the installation of a Wireless Telecommunication Antenna(e) on an existing building or structure, such standards shall govern the installation.
b. Wireless Telecommunication Towers: A Wireless Telecommunication Tower may be permitted as a conditional use per Article 5.09 in the WTFO overlay district. Such use may be approved under the conditional use process provided the applicant demonstrates compliance with each of the following co-location requirements, as well as all other applicable standards set forth in the UDO:
i. An application for a permit to erect a Wireless Telecommunication Tower must demonstrate that there is no technically suitable space for the applicant's Antenna(e) and related Facilities reasonably available on an existing Tower, building or structure within the geographic area to be served. With the application, the applicant shall list the location of every Tower, building or structure within 5 miles of the proposed site that could support the proposed Antenna(e) or area where it would be Technically Suitable to locate so as to allow it to serve its intended function. The applicant must demonstrate that a Technically Suitable location is not reasonably available or cannot reasonably be modified on an existing Tower, building or structure. If another existing Tower, building or structure is Technically Suitable, the applicant must demonstrate that it has requested to Co-locate on the existing Tower, building or structure and the Co-location request was rejected by the owner of the Tower, building or structure. In all circumstances, owners of existing Towers shall promptly respond in writing to requests for Co-location, but in no event shall they respond more than 30 days from the date of receipt of a written request for Co-location. If another Tower, building or structure is Technically Suitable, the applicant must further show that it has offered to allow the owner of that other Tower, building or structure to Co-locate an Antenna(e) on another Tower, building or structure which is owned or controlled by the applicant, if any, on reasonably reciprocal terms and the offer was not accepted.
ii. All applicants for construction or erection of Wireless Telecommunication Towers shall be required to construct on a base Tower structure and structure foundation that is designed to have sufficient structural loading capacity to accommodate at least 3 Antenna platforms or Antenna arrays of equal loading capacity for 3 separate providers of service to be located on the structure when constructed to the maximum allowable height.
iii. The Wireless Telecommunication Facility shall also be designed to show that the applicant has enough space on its site plan for an Equipment Shelter large enough to accommodate at least 3 separate users of the Facility. If an Equipment Shelter is initially constructed to accommodate only 1 user, space shall be reserved on site for Equipment Shelter expansions to accommodate up to at least 3 separate users.
iv. Agreement to the provisions of this subsection must be included in the applicant's lease with the landowner, if different from the owner/user of the Tower. Written documentation must be presented to the City Planner evidencing that the landowner of the property on which the Tower is to be located has agreed to the terms of this subsection. As an additional condition of issuing a conditional use permit, the owner/user shall respond in writing to any inquiries regarding Co-location of another user of the Facility within 30 days after receipt of a written inquiry. Copies of all written requests to Collocate and all written responses shall be sent to the City Planner.
E. Submittal Requirements: Applicants for conditionally permitted Wireless Telecommunication Facilities shall submit the following information:
1. Survey of Existing Conditions: A survey for the entire property shall be prepared by a surveyor licensed to practice in the State of Ohio. This survey shall indicate all observable physical features on the site and on property abutting the site, ownership of the property and of all property abutting the site, underground and overhead utilities, easements, deed restrictions, property line bearings and distances. Topography at two foot intervals shall be shown for the entire property or within at least a 150 foot radius of the tower, whichever is less. Spot elevations may be used when contour intervals are impractical.
2. Legal Description: Legal description of the parent tract and leased parcel if applicable.
3. Site Development Proposal: A scaled site plan and specifications clearly indicating the location of all new and existing underground and overhead facilities. This shall include, but not be limited to, the proposed tower, antenna and associated buildings, uses and structures on the same and adjacent properties, underground and overhead utilities, and exterior lighting. Adjacent roadways, proposed means of access, parking and other information deemed necessary by the City Planner for a review of the application shall also be shown.
4. Setback Dimensions: Setback dimensions shall show the distance between each property line and the closest point on the perimeter of the tower structure.
5. Grading and Landscaping Plan: A proposed site grading and landscape plan showing specific landscape materials, sizes and species proposed. Land contours shall be shown at 2 foot intervals and the surface drainage concept shall be indicated for the entire property, or within at least a 150 foot radius of the tower, whichever is less. Spot elevations may be substituted where contour elevations are impractical.
6. Antenna and Towers: Plans, elevation drawings and material specifications for all proposed antenna towers and antennae.
7. Buildings: Building plans, elevation drawings and material specifications for all proposed buildings, structures, fences, walls and gates.
8. Fences: Shall include a plan and elevations drawn to scale together with a material specification for all security enclosures.
9. Certification of Compliance: A written certification from a registered professional engineer of compliance with all applicable federal, state, county or local laws including all provisions with this Section. Additionally, prior to final inspection by the Building Department documented certification shall be submitted to the FCC, with a copy to the City certifying that the wireless communication facility complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER).
10. Co-Location Statement: A notarized statement by a registered professional engineer, hired by the applicant, that verifies that construction of the tower will accommodate co-location of additional antennas for future use and also states the ultimate height needed for the co-location capacity required.
11. Lease Agreement: A copy of the proposed antenna tower site lease agreement including all easements and access rights.
12. Inventory:
a. List of Applicant Locations: Each applicant for an antenna and/or tower shall provide to the City Planner an inventory of its existing towers, antennas, or sites approved for towers or
b. Antennas, that are either within the jurisdiction of the City or within one mile of the border thereof, including specific information about the location, height, and design of each tower.
c. Specification of Backhaul Providers: Identification of the entities providing the backhaul network for the tower(s) or antenna(s) described in the application and other cellular sites owned or operated by the applicant in the City.
13. Justification: A description of the suitability of the use of existing towers, other structures or technology not requiring the use of the proposed new tower.
a. Existing facilities not available. A demonstration that a technically suitable location is not reasonably available on an existing tower, building or structure.
b. Co-location rejected. If another tower is technically suitable the applicant must show that the applicant has requested to co-locate and that the request was rejected by the owner of the tower, building or structure.
14. Master Plan of Provider: A description of the feasible locations of future towers or antennas within the City based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected
15. Radio Frequency (RF) Engineer Testimony: Testimony shall be made by a radio frequency engineer at all required public hearings and he/she shall attest to the engineering need for the tower height requested.
F. Minimum Standards for Construction, Erection, Maintenance and Removal: Except as otherwise provided in this Section, all Wireless Telecommunication Facilities shall comply with the following standards:
1. Spacing: There shall be a separation of a minimum of 1/4 mile between Wireless Telecommunication Towers, including a separation of at least 1/4 mile from any such Tower located outside the City's corporate limits.
2. Height: All free-standing Wireless Telecommunication Towers, including Antennae and all appurtenances, shall be designed at the minimum functional height.
a. Wireless Telecommunications Tower: The maximum height shall be 160 feet above grade. This maximum height standard may be modified upon a finding by the City Planning Commission that additional height is necessary to provide service to the geographical service area of the applicant.
b. Antenna Attached to Existing Building: The maximum height of any Wireless Telecommunication Antenna installed on an existing building or structure pursuant to Section 9.49, 1, c, 2 thereof, shall be no greater in height than 10 feet above the roof-line of the existing building or structure to which it is attached.
c. Equipment Shelters: The height of any Equipment Shelter shall not exceed 10 feet from the approved grade or above the roof-line of an existing building or structure if so attached.
3. Setbacks: All Wireless Telecommunication Towers shall be set back from any rear or side property lines abutting a residentially-zoned or used lot a distance of at least 100 feet, 50 feet from any rear or side property lines abutting a non-residentially-zoned or used lot. In no event shall a Wireless Telecommunication Tower or Facility be located in front of the principal building on the lot, if any, or in front of the front yard setback line as shown on the zoning map when no principal building is present on the lot.
4. Design
a. All Wireless Telecommunication Towers shall be of a Monopole design, as opposed to a Lattice design. No guy wired Towers shall be permitted. All wires and conduit servicing Antennas shall be located inside the Tower.
b. All Wireless Telecommunication Facilities shall be subject to review by the City Planning Commission for the purpose of enhancing the compatibility of the Facilities with their surroundings. The color of a Wireless Telecommunication Tower and/or Antennas shall be as determined by the Commission for the purpose of minimizing its visibility, unless otherwise required by the FCC or the Federal Aviation Administration (FAA).
c. The Wireless Telecommunication Antennas shall be of a panel design and mounted flush to the Tower, building or structure which elevates the Antennas, unless the applicant can demonstrate that it is not feasible from an engineering standpoint to use such Antennas or to mount them in such a fashion.
5. Landscaping: A landscape buffer area of not less than 15 feet in depth shall be placed between the Wireless Telecommunication Facilities and the public rights-of-way and any adjacent properties from which there is a direct view of the Facilities, other than the Tower itself. Where the Facility abuts a residentially-zoned or used lot, a landscape buffer area of not less than 20 feet in depth shall be placed between the Facility and the residential lot. The landscape buffer area shall have a tight screen fence of hardy evergreen shrubbery not less than 6 feet in height. In addition, a minimum of 1 shade tree, 3" in trunk width when planted, shall be planted a minimum of every 50 feet within the landscape buffer area to screen the Facilities from the public rights-of-way and adjacent properties. The landscaping shall be continuously maintained and promptly restored, if necessary.
6. Engineering Report: A report shall be prepared and submitted by a qualified and licensed professional engineers and shall provide proof of compliance with all applicable federal, state, county, and City regulations. The report shall include a detailed description of the Wireless Telecommunication Tower, Antenna (e), Equipment Shelter, and appurtenances, and shall certify that radio frequency emissions are in compliance with the regulations of the FCC.
7. Prospective Plans: All applicants for construction or erection of Wireless Telecommunication Towers shall be required to submit a 5 year written plan for use of the proposed telecommunications facility, including plans for additional development of the site and signal coverage within the geographic area.
8. Maintenance
a. The applicant shall submit a plan documenting how the Wireless Telecommunication Facility will be maintained on the site in an ongoing manner that meets industry standards.
b. On each biennial anniversary of the issuance of the building permit for a Wireless Telecommunication Facility, or not more than 90 days prior thereto, the owner/user shall submit to the City a report prepared by a licensed professional engineer(s) which shall verify continued compliance of the Facility with all governmental requirements including, but not limited to, the structural integrity and stability of any Towers or Antennas, electrical safety standards, and auxiliary power source safety standards.
9. Lighting Prohibited: Except as required by law, a Wireless Telecommunication Antenna or Tower 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, the most visually nonobtrusive "state-of-the-art" lighting available shall be used, unless otherwise required by the FAA.
10. Security
a. Climbing rungs or other apparatus designed to assist a person to climb a Wireless Telecommunication Tower shall be located on the Tower no lower than 20 feet above grade.
b. Other security measures for the Facility shall be determined by the City Planning Commission as is appropriate under the circumstances of the particular application.
11. Advertising Prohibited: No advertising sign(s) or devices shall be permitted anywhere on a Wireless Telecommunication Facility site.
12. Outdoor Storage: There shall be no outdoor storage of equipment or other items on the Wireless Telecommunication Facility site except during the Facility construction period and to supply temporary emergency power to the Facility only during a power outage.
13. Access to Facility: The access driveway to the Wireless Telecommunication Facility shall, whenever feasible, be provided along with circulation driveways of the existing use on the lot, if any. Where use of an existing driveway is not feasible, the driveway to the Facility shall be a minimum of 12 feet in width with a minimum overhead clearance of 14 feet and shall be setback a minimum of 20 feet from the nearest side or rear lot line. This driveway shall meet the load limitations for fire equipment. There shall be a maximum of 1 off-street parking space on the Facility site.
14. Accessory Equipment Shelter: Where it is technically feasible and reasonably practical, an existing building or structure on a lot shall be used to shelter the equipment associated with a Wireless Telecommunication Facility.
15. Undergrounding of Utilities: All utility lines from the utility source to the Wireless Telecommunication Facility shall be underground.
16. Abandonment and Removal of Facilities:
a. The owner/user of the Wireless Telecommunication Facility shall, on no less than an annual basis from the date of issuance of the building permit, file a declaration with the City Planner as to the continuing operation of each of its Facilities within the City.
b. If at any time the use of the Wireless Telecommunication Facility is discontinued for one hundred 180 consecutive days, the Facility shall be deemed abandoned. The City Planner shall notify the owner/user in writing and advise that the Facility must be reactivated within 90 days or it must be dismantled and removed from the site and the site restored to a landscaped condition within that same 90 day period, all at the cost of the owner/user. The owner/user shall have the right to appeal the City Planner's decision to require removal of an abandoned Facility to the Planning Commission pursuant to Section 5.19 of the UDO.
G. Costs: The applicant for a Wireless Telecommunication Tower and/or Antenna Facility shall be responsible for all expenses incurred by the City for any technical and/or engineering services deemed necessary by the City Planner, the Buildings Department, the City Planning Commission, to perform any reviews required by the Codified Ordinances which are not covered by the fees set forth in this Section.
H. Exemption of Certain City Property: Regardless of the provisions of this Section, a Wireless Telecommunication Facility used for city services may be permitted on any property owned or controlled by the City and shall be constructed, erected, maintained, extended and removed under such conditions, standards and regulations as required by the City Council.
I. Variances: Refer to Section 5.17 for all requirements and procedures for variances.