1186.01 Purpose.
1186.02 Definitions.
1186.03 Use regulations.
1186.04 Standards of approval for conditionally permitted cellular and personal communications antennas and towers.
1186.05 Standards of approval of all cellular and personal communications antennas and towers.
1186.06 Maintenance.
1186.07 Submission and fees.
CROSS REFERENCES
Interrupting or impairing television, radio, telephone, telegraph or other mass communication service - see Ohio R.C. 2909.04
Telegraph and telephone companies - see Ohio R.C. Ch. 4931
Powers and restrictions on public utility services - see Ohio R.C. 4931.11
Prosecutions for theft of utilities - see GEN. OFF. 545.20
Cable television - see BUS. REG. Ch. 711
In recognition of the quasi-public nature of cellular and personal communication systems, it is the purpose of these regulations to:
A. Accommodate the need for cellular communication towers while regulating their location and number in the City;
B. Minimize adverse visual effects of cellular and personal communication towers and support structures through proper siting, design and screening;
C. Avoid potential damage to adjacent properties from cellular and personal communication towers and support structure failure; and
D. Encourage the joint use of any new and existing cellular and personal communication towers and support structures to reduce the number of such structures needed in the future.
(Ord. 98-176. Passed 8-3-98.)
The following definitions shall apply to this chapter:
A. "Cellular and Personal Communications Antenna" shall mean any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, and ground-wired communications systems, including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas such as whips and other equipment utilized to serve personal communication services.
B. "Cellular and Personal Communications Site" shall mean a tract, lot or parcel of land that contains the cellular communications tower, antenna, support structure(s), parking and any other uses associated with and ancillary to cellular communications transmission.
C. "Cellular and Personal Communications Support Structure" shall mean any building or structure accessory to but necessary for the proper functioning of the cellular communications antenna or tower.
D. "Cellular and Personal Communications Tower" shall mean any freestanding structure used to support a cellular communications antenna.
E. "Cellular and Personal Communications Tower, Height of" shall mean the height from the base of the structure to its top; including any antenna located thereon.
(Ord. 98-176. Passed 8-3-98.)
The following use regulations shall apply to cellular and personal communications antennas and towers:
A. A cellular or personal communications antenna that is mounted to an existing communications tower (whether said tower is for cellular purposes or not), smoke stack, water tower or other tall structure, shall be permitted as of right in all zoning districts. Cellular or personal communications antennas may also be located on the top of buildings which are no less than fifty (50) feet in height.
Any cellular or personal communications antenna that is mounted to an existing structure as indicated above shall be painted a color which matches, or is compatible with, the structure on which it is located.
B. A cellular or personal communications antenna that is not mounted on an existing structure or is more than fifteen (15) feet higher than the structure on which it is mounted, is permitted in all zoning districts, with the exception of any single family or multi-family zoning district, as a conditional use, in accordance with Chapter 1135.
C. All other uses accessory to the cellular or personal communications antennas and towers, including, but not limited to, business offices, maintenance depots, and materials and vehicle storage, are prohibited from the site unless otherwise permitted in the zoning district in which the cellular or personal communications antenna and/or tower is located.
D. Cellular or personal communications sites shall not be located in any single family or multi-family residential zoning district, nor shall they be located any closer to any residential zoning district as follows:
1. Cellular or personal communications towers less than one hundred (100) feet in height shall be located no closer than five hundred (500) feet to any residential zoning district.
2. Cellular or personal communications towers one hundred (100) feet or greater in height, but less than one hundred fifty (150) feet in height, shall be located no closer than seven hundred fifty (750) feet to any residential zoning district.
3. Cellular or personal communications towers one hundred fifty (150) feet in height and greater shall be located no closer than one thousand (1,000) feet to any residential zoning district.
(Ord. 98-176. Passed 8-3-98.)
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