All applications for Wireless Communications Towers must be approved by Planning and Zoning Commission and that approval shall be confirmed by Council. The Planning and Zoning Commission shall require the applicant to demonstrate compliance with the following standards in deciding whether to approve an application for a wireless communication tower and/or antenna.
(a) All applicants must first demonstrate that they have used their best efforts to obtain technically suitable space on existing towers, buildings or structures within the City limits as follows:
(1) The applicant shall list on its permit application the location of every tower, building or structure that could reasonably support the proposed antenna.
(2) The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure.
(3) Where another communication tower is deemed technically suitable, the applicant must demonstrate that it has requested co-location but was turned down by the owner. In this instance, the applicant must further demonstrate that it offered the denying owner an opportunity to co-locate on another existing or proposed tower owned by the applicant on terms that are reciprocal and reasonable.
(b) Poles, towers, equipment structures and antenna placement shall meet the minimum yard setback requirements as set forth in the Eastlake Codified Ordinances for the use district in which the antenna and/or tower is proposed to be located, and all lot area requirements for that use district.
(c) Screen fencing shall be provided for aesthetic and public safety reasons. A fence at least six feet (6') in height will be erected completely around the telecommunication tower and any related support facilities. Barbed wire at the top of the fence is permitted.
(d) Towers and antenna shall be designed to withstand wind gusts of at least eighty (80) miles an hour.
(e) A landscaped buffer area of not less than ten feet (10') in depth shall be placed between the wireless communication facilities and the public right-of-way, residential use districts, and any adjacent residential uses. The ten foot (10') landscape buffer shall consist of a tight screen fence of hardy evergreen shrubbery not less than six feet (6') in height. The landscaping shall be continuously maintained and promptly restored, if necessary.
(f) The owner of the antenna and/or tower shall annually file a declaration with the Chief Building Official as to the continuing operation of every facility installed subject to this Chapter. Once the Chief Building Official has determined that the use of a facility has ceased, the facility's owner or operator will receive written notice from the Chief Building Official, and instructed to either re-activate the facility's use, or dismantle and remove the facility, either of which must occur within one hundred eighty (180) days. If reactivation or dismantling did not occur within one hundred eighty (180) days, the municipality will remove or will contract to have the facility removed, and assess the owner/operator the costs associated with such removal.
Additionally, owners or operators shall be required as a condition to the issuance of a permit to post a bond of not less than one hundred dollars ($100.00) per vertical foot. Said bond shall insure that any abandoned, obsolete or destroyed wireless communication antenna or tower shall be removed within the mandatory one hundred eighty (180) days. Any co-locator shall also execute such a bond to insure that the bond will be in place during the period of time that the co-locator occupies the tower.
(g) Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited.
(h) Except as required by law, an antenna or a 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, white strobe lights shall not be permitted at night unless no other alternative is permitted by the FAA. Lighting for security purposes shall be permitted at the wireless communication facility with a prior approval of the Architectural Board of Review and the Planning and Zoning Commission.
(i) The applicant must provide written certification from a registered engineer that the antenna and/or tower is to be constructed in compliance with all applicable federal, state and local regulations pertaining to the construction.
(j) There shall be a separation of at least one-half mile between wireless communications towers.
(k) No advertising shall be permitted on the wireless communications facility, however, "No Trespassing" signs shall be posted around the facility with a telephone number of who is to be contacted in the event of an emergency.
(l) The lower part of the tower structure shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
(m) A plot plan including all building uses within five hundred feet (500') shall be required at a scale of not less than one inch is equal to one hundred feet.
(n) The location of this tower and equipment building shall comply with all natural resource protection standards including flood plain, wetlands and slope regulations.
(o) A permanent easement to the tower site must be provided thereby maintaining access regardless of other developments that may take place on the site.
(p) Any decision to deny a request to place, construct or modify a wireless communications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning and Zoning Commission.
(q) A proposed new tower shall not be located within one thousand feet (1,000') from any residentially zoned district.
(r) The proposed new tower shall meet all requirements as set forth in Chapter 716 of the Codified Ordinances.
(Ord. 1997-115. Passed 7-8-97.)