(A) Purpose, definition, and effect.
(1) Purpose. It is the purpose of the regulations in §§ 150.20 et sec. entitled "Wireless and Cellular Telecommunications Towers and Facilities," to:
(a) Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while restricting the location and number in the city;
(b) Minimize the adverse visual effects of communication towers and support structures through proper siting, design, and screening;
(c) Avoid potential damage to adjacent properties from communications towers and support structure failure; and
(d) Encourage the joint use of tall structures and any new and existing communications towers and support structures to reduce the number of such structures needed in the future.
(2) Definitions. As used in this subchapter, the following terms shall have the meanings indicated:
(a) ALTERNATIVE TOWER STRUCTURE.
Man-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
(b) ANTENNA.
Any exterior apparatus designed for telephonic, radio, or television communications through the sending, relaying, and/or receiving of electromagnetic waves; including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whips.
(c) CELLULAR COMMUNICATION SERVICES.
Personal communications accessed by means of cellular equipment and services.
(d) CELLULAR OR WIRELESS COMMUNICATIONS SUPPORT STRUCTURE.
Any building or structure, including equipment shelter, guy wire anchors, accessory to, but not necessary for, the proper functioning of the cellular or wireless communications antenna or tower.
(e) CLEAR AND CONVINCING EVIDENCE.
The measure of proof which will produce a firm belief as to the allegation sought to be established.
(f) CO-LOCATION.
The process of providing space for more than one user on a tower or facility.
(g) HEIGHT.
When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.
(h) PERSONAL WIRELESS SERVICES.
Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, including cellular services.
(i) TALL STRUCTURES.
Any structure or building, including, but not limited to, smoke stacks, water towers, buildings over 45 feet in height, antenna support structures of other cellular or wireless communication companies, and other communication towers.
(j) TOWER.
Any freestanding structure that is designed and constructed for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and alternative tower structures.
(k) WIRELESS AND CELLULAR TELECOMMUNICATION FACILITIES.
Any cables, wires, lines, wave guides, support structure, antennas, and any other equipment or facilities associated with the transmission or reception of communications, as authorized by the Federal Communications Commission. However, the term
WIRELESS AND CELLULAR TELECOMMUNICATION FACILITIES
shall not include:
1. Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or which is granted approval as a conditional use;
2. Any satellite earth station antenna one meter or less in diameter, regardless of zoning category;
3. Antennas used by amateur radio operators.
(l) WIRELESS AND CELLULAR TELECOMMUNICATION EQUIPMENT.
Antennas and satellite dishes, etc. which are used for transmitting, receiving, or relaying communications signals, except as such equipment has been preempted from regulation by the Federal Telecommunications Act of 1996.
(3) Effect on other zoning regulations. The provisions of any other zoning regulation of the codified ordinances notwithstanding, the provisions of this chapter shall apply to all wireless and cellular telecommunications towers and facilities and shall supersede any contrary zoning regulations, including, but not limited to, zoning regulations related to essential services, public utilities, and height restrictions, modifications, and exceptions.
(B) General requirements.
(1) Wireless and cellular telecommunications towers and facilities shall be located only in Business District "B" of the city and shall be contingent upon a number of requirements being met. These criteria are in place in an attempt to minimize adverse health, safety, public welfare, or visual impacts through buffering, siting, design, and construction, and reduction for the need for new towers.
(2) Registration of wireless and cellular telecommunications towers and facilities is needed as required in § 150.20(C).
(3) Shared usage of towers and transmission facilities is encouraged and towers should be designed to accommodate such uses, including governmental telecommunications needs. Appropriate shared parking and access must be provided for co-located facilities on one tower.
(4) The applicant must co-locate its facilities except where the applicant can demonstrate by clear and convincing evidence that its facilities cannot be located on any other existing communication tower, building, or structure in the geographic area to be served, and that all reasonable means have been undertaken to avoid any undue impact caused by the "clustering" of towers within an area. The applicant must send a certified mail announcement to all other owners of existing towers and tall structure owners in the geographic area to be served, stating its siting needs and/or sharing capabilities. In determining whether a facility can or cannot be located on another communication tower, building, or structure, the city shall consider the space available on an existing structure, the technological practicality of the co-location, the financial feasibility of the co-location, and such other factors, as the city deems appropriate.
(5) Any applicable airport land use compatibility criteria/policies and Federal Aviation Administration regulations shall be met and requirements presented to the city prior to facility approval.
(6) The owner of any tower or facility shall indemnify and hold the city harmless against any and all claims, demands, suits, causes of action, or judgment due to any injury, including death, or damage caused by the operation or construction of the tower or facility.
(7) The owner of any tower or facility shall maintain public liability and property damage insurance that protects the owner of any tower or facility and the city, naming the city as an additional insured, as well as the city's officers, agents, and employees. The insurance shall provide coverage at all times of not less than $1,000,000 for personal injury to each person and $1,000,000 for each occurrence involving property damage plus costs of defense or a combined single limit policy of not less than $5,000,000 covering all claims plus costs and defense. The policy shall provide that the insurance shall not be cancelled or materially altered without 30 days written notice first being given to the city. If the insurance is cancelled or materially altered, the owner of any tower or facility shall provide a new policy with the same terms. The owner of any tower or facility shall maintain continuous, uninterrupted coverage in the amounts required for the duration of the tower. The owner of any tower or facility shall maintain on file with the City Auditor a certificate of such insurance.
(C) Registration of wireless and cellular telecommunications facilities, carriers, and providers.
(1) Registration is required by all telecommunication tower owners and carriers and providers that offer or provide any telecommunications services for a fee directly to the public from wireless and cellular telecommunications facilities within the city. The registration forms shall be available from the Building Commissioner. A fee of $100 shall be charged for the registration.
(2) Each owner shall inform the city within 60 days of any change of the information set forth on the registration form.
(3) Wireless telecommunication towers and facilities registration must be renewed on a biennial basis, at the beginning of each even-numbered year. The registration must be accompanied by the $100 fee. The telecommunication tower or facility owner/operator must submit the registration to the Building Department of the city by February 1 of the applicable year.
(D) Wireless and cellular telecommunication towers and facilities structural requirements. No wireless and cellular telecommunication tower and/or facility shall be designed and/or sited such that it poses a potential hazard to nearby improvements or surrounding properties. The structural integrity of towers and facilities must meet the applicable OBBC and IEA/TIA 222 standards and be designed by a professional engineer qualified in electrical/structural design. A building permit will only be issued when these requirements are met to the satisfaction of the Building Commissioner.
(E) Zoning districts and locations where wireless and cellular telecommunication towers are permitted.
(1) Towers and facilities are permitted only in Business District "B" of the city.
(2) Towers and facilities less than 20 feet in height or those attached to an existing utility pole may be located elsewhere in the city if approved by City Council.
(F) Application procedure.
(1) Any person or company intending to apply for the placement or operation of cellular or wireless communications tower or facilities within the city shall first schedule a pre-application conference with the Building Commissioner. At the conference, the perspective applicant must present to the Building Commissioner any proposed locations for siting towers and equipment. The information should identify possible locations, tower and tall structure heights, and the possibility of co-location.
(2) The purpose of the pre-application conference will be to, generally, evaluate the impact on adjacent areas and neighborhoods, discuss a location, and identify suitable sites that minimize any negative impact on surrounding areas.
(3) Upon the completion of the pre-application conference, an application maybe filed with the Building Commissioner. The applicant must comply with the requirements of this chapter.
(4) A $250 application fee will be charged for each new cellular or wireless telecommunication tower or facility, including co-location of equipment on existing towers. The fee shall be in addition to any applicable building permit fee.
(G) Application requirements.
(1) The application shall specify the location of all existing towers owned or used by the applicant within the city and outside the city limits within a 1/4 mile radius and provide the following information for each existing facility.
(a) Type and size of the tower and facilities at each location;
(b) The type and accessory equipment and/or building located at each site; and
(c) The ground network and associated land lines utilized by each tower.
(2) The application shall note the general location of planned future towers and facilities.
(3) For each specific tower location shown on the plan, there must be a schedule showing:
(a) Type and size of the tower facility at each location;
(b) The type of accessory equipment located or proposed on each tower;
(c) The type, size, and location of any support structure to be used by the tower for which the application is being submitted;
(d) The ground network and associated land lines, if any, utilized by each site;
(e) A site plan showing the parcel on which any existing tower is located; and
(f) A detailed drawing of the screening plan and related design standards.
(4) Copies of all certified mail announcements to all other owners of towers and tall structures must be attached to the application. See § 150.20(B)(4) herein.
(5) The application must include notification from the FAA and local airport describing any requirements to be set forth on the tower and its location.
(H) Existing wireless and cellular telecommunication towers and facilities.
(1) Existing wireless and cellular telecommunications towers and facilities which do not comply with the conditions of this chapter at the time of its adoption shall be classified as non-conforming. The owner and/or operator must, however, comply with any registration requirements set forth in this chapter. Further co-location of facilities on existing towers and changes to the towers or facilities must comply with the requirements of this chapter, except as provided in division (H)(2) of this section.
(2) To encourage co-location on existing towers, the height of nonconforming towers may be increased to 250 feet.
(I) Design standards for wireless and cellular telecommunications towers and facilities.
(1) All telecommunications towers, support structures, and associated facilities shall be enclosed with a six foot high solid fence or barrier and a continuous evergreen hedge, a minimum of 30 inches in height on the outside of the fence or barrier. The applicant is responsible for installation and maintenance of the fence or barrier and hedge.
(2) Proof shall be provided by the applicant in a form satisfactory to the Building Commissioner that the proposed installation has been approved by and will be operated in compliance with all agencies and governmental entities having jurisdiction, including, but not limited to, the Ohio Department of Transportation, the Federal Aviation Administration, the Federal Communications Commission, or the successors to their respective functions.
(3) Lights, beacons, or strobes of any kind shall not be permitted on any tower, antenna, or facilities unless required by the Federal Aviation Administration. Any such requirement must be presented to the Building Commissioner prior to city approval of the facility. Furthermore, telecommunication towers are discouraged from locating in areas which would require special painting or lighting by the FAA regulations.
(4) Setback requirements. Towers shall be located no closer than 200 feet to a residential zoning district line, and no closer than 100 feet to a public street right-of-way, and no closer to any property lines than 25% of the height of the proposed tower.
(5) The minimum size of a parcel on which a tower is located shall be 10,000 square feet and no more than one tower may be located on a parcel. Parcel means a separate tract of land as determined by the Hamilton County Auditor's Office.
(6) No advertisement of any kind shall be installed on telecommunication towers and/or facilities.
(7) The towers shall be painted a non-contrasting gray or similar color, minimizing their visibility, unless otherwise required by the Federal Communications Commission or Federal Aviation Administration. When permitted as a conditional use, the Planning Commission may require an alternative tower structure to blend into the existing environment. The towers shall be maintained in accordance with Chapter 151 of the Cheviot Code of Ordinances.
(J) Design standards for wireless and cellular telecommunications facilities as attachments to existing structures. Telecommunication facilities on existing structures are permitted in Business District "B," subject to the following standards :
(1) Existing tall structures include water towers, smoke stacks, buildings, lighting standards, or other structures.
(2) Telecommunication facilities on existing structures must be aesthetically and architecturally compatible with the surrounding environment.
(3) The maximum height of such telecommunication facilities shall not exceed the lesser of 25 feet or 25 % of the height of the structure on which it is located. If located on a building, such facilities must be set back from the edge of the building a distance equal to the height of the facility. Any facility which will not extend more than ten feet above the height of the building and flush-mounted panel antennas are exempt from the setback requirements in this subsection.
(K) Standards for wireless and cellular towers and facilities on publicly owned property. Towers and facilities may be permitted on any city-owned property subject to the following:
(1) The property must be leased from the city at its sole discretion.
(2) The maximum height and design of any tower and/or facility on city property shall be determined by City Council.
(Ord. 02-28, passed 10-15-02)