(A) Wireless communications facilities, where permitted, shall be subject to administrative review or conditional use review in the zoning districts specified in Chapter 153
of this Code of Ordinances, contingent upon meeting the requirements of this chapter and Chapter 153
, and other applicable ordinances of the city. Certain facilities as specified in this chapter shall be subject to review by the Architectural Review Board in accordance with § 99.11. Collocation of small cell facilities in, along, across, upon, and under the city right-of-way, and construction, maintenance, modification, operation, or replacement of wireless support structures in, along, across, upon, and under the city right-of-way, as defined in § 99.22, are subject to the requirements of §§ 99.20 through 99.29 and are not otherwise subject to zoning review or approval.
(1) Administrative review: See § 99.06.
(2) Conditional use review: See § 99.07.
(3) Architectural Review Board: See § 99.11.
Zoning District (exclusive of small cell facilities and/or wireless support structures in the right-of- way) | Approval Procedures | |||
Co-Location1 |
New Tower | Alternative Structure2 |
Temporary Facilities | |
Zoning District (exclusive of small cell facilities and/or wireless support structures in the right-of- way) | Approval Procedures | |||
Co-Location1 |
New Tower | Alternative Structure2 |
Temporary Facilities | |
Rural and Residential | Administrative4 | Not Permitted | Conditional Use4 | See § 99.10 |
Commercial (except Suburban Office and Institutiona l and Neighborhood Commercial) | Administrative | Conditional Use | Administrative3 | See § 99.10 |
Suburban Office and Institutiona l; Neighborhood Commercial | Administrative | Not Permitted | Administrative3 | See § 99.10 |
Limited and General Industrial, Technology Flex | Administrative | Conditional Use | Administrative3 | See § 99.10 |
OLR and Restricted Industrial | Administrative | Not Permitted | Administrative3 | See § 99.10 |
Innovation Zone | Administrative | Conditional Use | Administrative3 | See § 99.10 |
Bridge Street Corridor | Administrative | Conditional Use | Administrative3 | See § 99.10 |
Planned Districts (except Planned Industrial Park) | Administrative | Not Permitted | Administrative or Conditional Use5 | See § 99.10 |
Planned Industrial Park | Administrative | Conditional Use | Administrative3 | See § 99.10 |
Architectura l Review District | ARB Approval | Not Permitted | ARB Approval | See § 99.10 |
(C) General requirements. The following requirements shall apply to all wireless communications facilities in any zoning district, with the exception of small cell facilities and wireless support structures in the city right-of-way in accordance with §§ 99.20 through 99.29. These requirements shall be in addition to the regulations of the specific zoning districts in § 99.05(B).
(1) Application. The following information must be submitted for all applications required by §§ 99.01 through 99.11 unless deemed unnecessary by the Director. An application is not considered complete until all materials required by this chapter have been submitted and accepted by the city in accordance with this chapter. If an application is determined to be incomplete, the Director shall promptly notify the applicant of the information necessary to complete the application. The Director or the ART may request additional information if deemed reasonably relevant to the consideration of the application.
(a) Completed application form and application fee.
(b) A scaled and dimensioned site plan (not less than one inch equals 50 feet) clearly indicating the following:
1. Location, type and height of the proposed wireless communications facility;
2. The existing or proposed lease area and parcel boundaries for the site;
3. On-site land uses and zoning, and adjacent land uses and zoning (including land in other municipalities);
4. Adjacent roadways and rights-of-way;
5. Any buildings within 100 feet of the property boundaries;
6. Proposed means of pedestrian and/or vehicular access as applicable to the type of facility;
7. The setback distance between the proposed wireless communications facility, equipment shelters and/or cabinets, and the nearest property line;
8. Elevation drawings of the proposed wireless communications facilities, including material specifications for all associated site improvements; and
(c) Legal description and/or property survey of the parent tract and leased parcel (if applicable).
(d) For all new towers and/or new alternative tower structures, or as otherwise required by the required reviewing body, the separation distance from other existing and planned wireless communications facilities shall be shown on a map, and shall include latitudinal and longitudinal location coordinates. The applicant shall also identify the type of construction of the existing wireless communications facilities and the owner/operators of the existing facilities, if known.
(e) A landscape plan showing proposed landscape materials and quantities, locations, installation sizes, and other information necessary to determine compliance with the landscape requirements of Chapter 153 of this Code of Ordinances.
(f) Location and method of screening structures, if any, including height, material, style, and color; and, if applicable, the method of camouflage and illumination. Specification sheets shall be required for all prefabricated site elements.
(g) A statement of compliance with the requirements of this chapter and all applicable federal, state or local laws, including those of the FCC and FAA.
(h) Twenty-four hour emergency contact information and contact information for the entities providing the backhaul network for the wireless communications facilities described in the application and other wireless communications sites owned or operated by the applicant in the municipality. Contact information for the tower owner, operator, and emergency contact shall be kept current and on file with the city at all times.
(i) For all new towers and/or new alternative tower structures, or as otherwise required by the required reviewing body, a statement by the applicant and/or a structural analysis sealed by an engineer affirming that the construction of the wireless communications facility will accommodate co-location of additional antennas for future users as applicable.
(j) For all new towers and/or new alternative tower structures, or as otherwise required by the required reviewing body, a statement from an engineer of the ability or inability to use existing towers, other structures, or alternative technology not requiring the use of towers or structures, to provide the services planned for the use of the proposed wireless communications facility.
(k) For all new towers and/or new alternative tower structures, or as otherwise required by the required reviewing body, an inventory of existing and approved towers, antennas, alternative tower structures, antenna support structures, and existing wireless support structures and small cell facilities that are either within the jurisdiction or within two miles of the border of the city, with latitudinal and longitudinal location coordinates. The city may share this information with other applicants under this chapter or other organizations seeking to locate towers or antennas within the jurisdiction of Dublin or other communities. However, the city is not, by sharing this information, in any way representing or warranting that the sites are available or suitable. The inventory of each tower and antenna shall include:
1. A map showing each location, by address and/or parcel identification number, including straight-line distances between each facility;
2. Facility height and design;
3. Facility owner(s)/operator(s); and
4. Co-location capability of each facility, including alternative tower structures and antenna support structures.
(2) Application procedures.
(a) Applications for all wireless communications facilities, except for applications for the collocation of small cell facility and the construction, maintenance, modification, operation, or replacement of wireless support structures in, along, across, upon, and under the city rights-of-way that are subject to §§ 99.20 through 99.29, shall be submitted in accordance with §§ 99.05 through 99.07, as applicable.
(b) The applicant shall pay a non-refundable fee as established by the city.
(c) When practicable, application for approval of multiple towers and/or antenna sites by a single owner of towers and antennas shall be submitted as a single application or multiple applications submitted at the same time.
(d) Historic Register/District. Any application to locate a wireless communications facility on a building or structure that is listed on a federal or state historic register or within the Architectural Review District shall be subject to review by the Architectural Review Board in accordance with § 99.11, in addition to any other required review procedures.
(e) Public property. Approval by the City Manager shall be required for any applications involving structures to be located on property owned by the city, except for applications for small cell facilities and/or wireless support structures in the public right-of-way, which are governed by §§ 99.20 through 99.29.
(a) Design. All wireless communication facility support structures shall have a monopole, unipole, or similar non-lattice single vertical structure design and shall be further designed to accommodate at least two wireless communication arrays of antennas or panels, unless otherwise required by the required reviewing body. The applicant shall submit an affidavit by an engineer licensed in the State of Ohio attesting that these requirements are met.
(b) Color and finish. Towers, antennas, other wireless communications facility support structures, and supporting electrical and mechanical equipment shall either maintain a non-contrasting gray or similar color or have a galvanized steel finish unless otherwise required by the required reviewing body or any applicable standards of the FAA and/or the Ohio Department of Transportation. Alternative tower structures may maintain another color or finish if determined by the required reviewing body to be necessary to establish a stealth appearance and be aesthetically and architecturally compatible with the surrounding environment.
(c) Compatible design. The design of buildings and related structures for the wireless communications facility shall use materials, colors, textures, and screening so as to be aesthetically and architecturally compatible with the surrounding environment, as approved by the required reviewing body.
(d) Antenna color. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as practicable, as determined by the required reviewing body.
(e) Lighting. Facilities shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting fixtures and installation must cause the least disturbance to views from surrounding properties. Alternative tower structures may be lighted if determined by the required reviewing body to be necessary to establish a stealth appearance and to be aesthetically and architecturally compatible with the surrounding environment.
1. In residential zoning districts, up to 80 feet;
2. In all other zoning districts, up to 120 feet, provided that the facility is designed to be co-locatable for more than one additional carrier. In no case shall a wireless communications facility, including antenna, exceed 120 feet, as measured from grade at the base of the tower, unless the required reviewing body determines that conditions present in the vicinity require a taller structure in order to function.
3. For wireless communications facilities locating on a structure or building, antenna shall not extend more than 20 feet above the highest point of the main roof deck or supporting structure if the antenna is located on a structure other than a roofed building.
4. Unless otherwise required herein, alternative tower structures may exceed 120 feet if determined by the required reviewing body to be necessary to establish a stealth or camouflaged appearance that is aesthetically and architecturally compatible with the surrounding environment.
5. Unless otherwise specified, maximum height exceeding the provisions of division (C)(3)(f)l-4 of this section shall require conditional use review under the provisions of § 99.07.
6. As an exception to division (C)(3)(f)l-5 of this section, users locating on a city water tank are exempt from the height requirements of this chapter, but facilities shall be no taller than functionally necessary.
(g) Co-location. Unless physically or technically infeasible, all wireless communications facilities shall be constructed or reconstructed to accommodate two or more users.
1. In connection with any application for certificate of zoning plan approval, in order to encourage co-location, an existing tower meeting co-location requirements that is lower than the height permitted above may be reconstructed to meet the maximum heights permitted after receiving approval from the required reviewing body. Additionally, reconstructed towers may be required to be brought into conformance in whole or in part if the existing tower is determined by the Director to be nonconforming.
2. A wireless communications facility which is being rebuilt to accommodate the location of additional antennas may be relocated on the same site, after receiving approval from the required reviewing body, provided it meets the setback requirements of this chapter.
3. Co-location requirements may be waived if the required reviewing body determines that the fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs that would exceed new tower development are an example of what may be determined to be unreasonable. Satisfactory and substantial information must be submitted by the applicant demonstrating that the costs are unreasonable.
(a) Setback and siting requirements.
1. The setback requirements shall be met for all elements of the wireless communications facility, supporting structure, and equipment.
2. A minimum setback of 100 feet from all property lines shall apply to new towers and/or alternative tower structures unless a greater setback for principal structures is required by the zoning district in which the tower is to be located. In determining the required setbacks and lot area, the entire site, including all lots or parcels used for the tower, supporting structures, and equipment, shall be considered, even though the antennas or towers may be located on leased portions within the prescribed lot area.
3. The required reviewing body may permit a reduced setback for alternative tower structures provided that the reduced setback is required for the function or purpose of that structure and not for the purposes of the tower/antenna location.
4. The required reviewing body may permit a reduced setback for all other wireless communications facilities if the location is required for the function of the tower or antenna and no other reasonable alternative location exists. Satisfactory and substantial information must be submitted by the applicant demonstrating that all other locations are unreasonable.
5. Refer to division (C)(5) of this section for regulations pertaining to the siting of equipment associated with wireless communications facilities.
(b) Screening. Screening shall comply with applicable requirements of Chapter 153 of this Code of Ordinances. Fencing or other materials used for screening of wireless communications facilities or associated equipment shall be at least one foot higher than the structure(s) it is intended to screen, but shall not exceed 12 feet.
(c) Landscaping. Buffer plantings shall be located on the site to screen adjacent properties and the base of the wireless communications facility and associated equipment from adjacent properties and rights-of-way in accordance with the landscape requirements of §§ 99.01 through 99.11 and Chapter 153 of this Code of Ordinances.
(d) Sign. One sign shall be posted in a visible location on the tower, alternative tower structure, fence, equipment shelter, or other associated equipment indicating the owner of the facility, and an emergency contact and phone number. The sign shall not exceed two square feet and shall be approved as part of the building permit or certificate of zoning plan approval. All other signs shall comply with the requirements of Chapter 153 of this Code of Ordinances.
(5) Equipment shelters and cabinets.
(a) Design and screening.
1. Equipment cabinets or structures used in association with antennas shall be designed and/or painted to minimize visual impact.
2. Evergreen plant material shall be used for screening and shall be planted to ensure that the equipment will be screened to its full height within three years of planting.
3. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the required reviewing body may determine that natural growth around the property may be a sufficient buffer.
4. At the required reviewing body's determination, alternative screening materials may be used in cases where plant material is not appropriate.
(b) Underground equipment shelters. Underground equipment shelters will be required by the required reviewing body where equipment shelters are located on properties that are readily visible from adjacent streets and lots and where landscape screening is not effective.
(c) Roof- and/or structure-mounted antennas. The equipment cabinet or structure used in association with antennas shall comply with applicable building codes. Additionally, equipment shall be sited, designed, and/or painted to minimize visual impact and be screened so that it is not visible from ground level.
(d) Utility- or light pole-mounted antennas. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
1. In all zoning districts, the equipment cabinet or structure shall comply with all applicable setbacks required by the zoning district in which it is located.
2. If the proposed antenna mounted on a utility or light pole is located within an existing easement, the applicant shall obtain a separate easement encroachment agreement as required by the City Engineer.
(e) Tower-mounted antennas. As an exception to division (C)(5)(b) of this section, where the required reviewing body determines that underground equipment shelters are not feasible due to site conditions or other considerations, equipment shelters designed using materials permitted for principal structures within the zoning district shall be provided where applicable. The unmanned equipment structure shall not exceed the maximum height for principal structures and comply with setbacks required by the zoning district in which the shelter is located.
(6) Code compliance and permit requirements.
(a) Construction permits. The installation of any wireless communications facility shall require compliance with all applicable federal, state, and local regulations and the securing of all applicable zoning and building permits and inspections. All towers and wireless communications facilities subject to §§ 99.01 through 99.11 require a certificate of zoning plan approval and applicable building permits prior to installation.
(b) State or federal requirements.
1. All wireless communications facilities shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas.
2. If state or federal standards and regulations are amended, the owners of the wireless communications facilities governed by §§ 99.01 through 99.11 shall bring any facilities into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the regulating agency. Failure to bring wireless communications facilities into compliance with any revised standards and regulations shall constitute grounds for removal at the owner's expense.
(c) Building codes and safety standards.
1. To ensure the structural integrity of towers, the owner of a tower and/or antenna support structure shall ensure that it is designed, constructed, and maintained in compliance with requirements contained in applicable state or local building codes and the applicable requirements for towers and antenna support structures that are published by the Electronics Industries Association, as amended from time to time.
2. If, upon inspection, the city concludes that a wireless communications facility fails to comply with any applicable codes and requirements and constitutes a danger to persons or property, after written notice to the owner, the owner shall have not more than 30 days to bring the facility into compliance with those requirements. Failure to bring the facility into compliance within the required time shall be grounds for removal at the owner's expense.
(d) License to operate. Owners and/or operators of wireless communications facilities shall maintain and submit copies of all approved franchises, certifications, licenses, and permits required by law for the design, construction, location, and operation of wireless communications facilities in Dublin. Evidence of renewal or extensions shall be promptly provided to the Director.
(e) Certification. Any information of an engineering nature required by this chapter, whether civil, mechanical, or electrical, shall be certified by a licensed engineer.
(Ord. 19-13, passed 3-25-13; Am. Ord. 41-18, passed 6-25-18) Penalty, see § 99.99