1399.01 PURPOSE AND INTENT.

The purpose of this chapter is to provide standards for the development of communication towers and antennas which serve the needs of the citizens of the City while minimizing the adverse visual and operational effects of towers through careful design, siting and screening; to avoid potential damage to adjacent properties from tower failure through engineering and careful siting; and to maximize use of any new communication tower and/or existing structures to reduce the number of towers needed.

(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 15-2017. Passed 2-21-17.)

1399.02 DEFINITIONS.

As used in this chapter:

(a) “Accessory facility or structure” means an accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to utility or transmission equipment storage sheds or cabinets.

(b) “Antenna” means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to, radio, television, cellular, paging, personal telecommunications services, and microwave telecommunications.

(c) “Base station” means radio transceivers, antennas, coaxial cable, a regular and backup power supply, and other associated electronics.

(d) “Collocation” means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.

(e) “Commercial impracticability” or “commercially impracticable” means where, at the time a contract is made, a party's performance under it is impracticable without its fault because of a fact which it has no reason to know and the non-existence of which is a basic assumption on which the contract is made, no duty to render that performance arises, unless the language or circumstances indicate the contrary.

(f) “Height” means, when referring to any tower or structure, the distance measured from the pre-existing grade level to the highest point on the tower or structure, even if said highest point is an antenna.

(g) “Lattice” means a framework or structure of crossed metal strips typically resting on three members constructed vertically to which antennas are affixed.

(h) “Monopole” means a single, slender and typically cylindrical, vertical structure to which antennas or antenna support structures are affixed.

(i) “Technically suitable” means the location of a wireless telecommunications antenna(s) reasonably serves the purpose for which it is intended within the bandwidth of frequencies for which the owner or operator of the antenna(s) has been licensed by the Federal Communications Commission (FCC) to operate without a significant loss of communication capability within developed areas of the city.

(j) “Telecommunication” means technology permitting the passage of information from the sender to one or more receivers in a usable form by means of any electromagnetic system.

(k) “Tower(s)” means any structure built for the sole or primary purpose of supporting FCC- licensed antennas and their associated facilities, including but not limited to any ground or above- ground mounted pole, spire, or structure or combination thereof, taller than 15 feet, including support lines, cables, wires, braces or masts, and including smoke stacks, water towers and other similar structures which can accommodate the mounting of an antenna, meteorological or telecommunications device or similar apparatus above-grade.

(l) “Wireless communication antenna” means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC), excluding amateur radio operators' antennas.

(m) “Wireless communication tower” means a tower, including, but not limited to, a self- supporting lattice or monopole which elevates the wireless communication antenna and may include accessory transmission and receiving equipment.

(n) “Wireless telecommunications equipment building” means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

(o) “Wireless telecommunications facility” means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)

1399.03 STANDARDS OF COMPLIANCE.

All applications for wireless communication towers must be approved by the Planning and Zoning Commission and that approval shall be confirmed by Council, provided that applications for administrative approval of changes which are not substantial to existing towers or base stations shall be submitted to the Zoning Commissioner as provided in Section 1399.15. 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) Applicants Must Use Best Efforts to Utilize Existing Towers, Buildings or Structures. All applicants must first demonstrate that they have used their best efforts to obtain technically suitable space on existing towers, buildings or structures. Where possible, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building. The applicant must demonstrate the following:

(1) The applicant shall demonstrate that there is no technically suitable space for the applicant's antenna(s) and related facilities reasonably available on an existing tower, building or structure within the geographic area to be served.

(2) With the application, the applicant shall list the location of every tower, building or structure that could support the proposed antenna(s) 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 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 collocate on the existing tower, building or structure and the collocation request was rejected by the owner and/or lessee of the existing tower, building, or structure.

(3) 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 collocate an antenna(s) on another tower, building or structure within the City which is owned or controlled by the applicant, if any, upon reciprocal terms and that the offer was not accepted. As used herein, “reasonably reciprocal terms” means terms that are essentially similar and equivalent with respect to the material provisions of the respective agreements; i.e., the respective agreements being: (a) the agreement demanded by the applicant from the owner of the exiting technically suitable site to collocate on such site; and (b) the agreement offered by the applicant to the other owner to collocate on one of the applicants' tower(s), building(s) or structure(s) within the City of Euclid, if any;

(4) In all circumstances, owners of existing towers shall promptly respond in writing to requests for collocation, but in no event shall they respond more than 30 days from the date of receipt of a written request for collocation.

(b) Poles, towers, equipment structures and antenna placement shall meet the minimum yard setback requirements as set forth in these 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 in height shall be erected completely around the communication tower and any related support facilities. Barbed wire at the top of the fence is permitted.

(d) Towers and antennas shall be designed to withstand wind gusts of at least eighty miles an hour.

(e) Height of Telecommunications Tower(s).

(1) Applicant must submit documentation justifying to the Planning and Zoning Commission the total height of any telecommunications tower, facility and/or antenna and the basis therefor. Such justification shall be to provide service within the City, to the extent practicable unless good cause is shown.

(2) The maximum height of a tower shall be 200 feet unless a technically logical reason for locating a higher tower is demonstrated to the satisfaction of the Planning and Zoning Commission and Euclid City Council to be in order, on a case-by-case basis, by the wireless telecommunications service provider making the request. When a higher tower is required by provision of law consistent with the Telecommunications Act of 1996, as may from time to time be amended, the provider shall submit written verification of that fact. Towers less than 200 feet in height are especially encouraged.

(f) Landscaping Plan Required. A landscaping plan shall be submitted which meets the following requirements:

(1) A landscaped buffer area of not less than 15 feet in depth shall be placed between the wireless communications facilities and the public rights-of-way, residential use districts, and any adjacent properties from which a direct view can be had of the facilities, other than the tower itself;

(2) The 15-foot landscape buffer shall have a tight screen fence of hardy evergreen shrubbery not less than six feet in height when installed; and

(3) The landscaping shall be continuously maintained and promptly restored if necessary.

(g) Once the Zoning Commissioner has determined that the use of a facility has ceased, the facility's owner or operator will receive written notice from the Zoning Commissioner instructing such owner or operator to either reactivate the facility's use, or dismantle and remove the facility, either of which must occur within 180 days. If reactivation or dismantling does not occur within 180 days, the City will remove or will contract to have the facility removed and shall assess the owner/operator the costs associated with such removal.

(h) The applicant for a wireless telecommunications tower shall be required as a condition of issuance of a building permit to post a cash or surety bond acceptable to the City Director of Law of not less than seventy-five thousand dollars ($75,000.00). The bond shall insure that an unused, abandoned, obsolete or destroyed wireless telecommunications facility shall be removed within 180 days of cessation of use or abandonment. Any successor-in-interest or assignee of the applicant shall be required to additionally execute such bond, as principal, to ensure that the bond will be in place during the period of time that the successor-in-interest or assignee occupies or operates the facility.

(i) Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited, except during the facility construction period and to supply temporary emergency power to the facility only during a power outage.

(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97.)

(j) Artificial Lighting.

(1) All towers above 100 feet in height shall be illuminated with artificial lighting fixtures. FAA regulations addressing safety markings and obstruction lighting shall be followed when necessary. Unless the FAA permits no other alternative, white strobe lights shall not be permitted at night. Lighting for security purposes shall be permitted at the wireless telecommunication facility with a prior approval of the Architectural Review Board and the Planning and Zoning Commission.

(Ord. 176-1998. Passed 9-8-98; Eff. 10-8-98.)

(2) If lighting is required, the applicant shall provide a detailed plan for sufficient lighting as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations, and an artist's rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within 1,500 feet of all property lines of the parcel on which the wireless telecommunications facility are located.

(k) A report shall be prepared and submitted by a qualified and licensed professional engineer(s) 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 telecommunications tower, antenna(s), equipment shelter and appurtenances, shall certify that radio frequency emissions are in compliance with the regulations of the FCC, and shall certify that the use of the facilities will not adversely effect or interfere with radio transmissions for public safety purposes.

(l) Maintenance.

(1) The applicant shall submit a plan documenting how the wireless telecommunications facility will be maintained on the site in an ongoing manner that meets industry standards.

(2) On each biennial anniversary of the issuance of the use permit for a wireless telecommunication facility, or not more than 90 days prior to said biennial anniversary, the owner/user shall submit to the Zoning Commissioner 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.

(m) There shall be a separation of at least one-half mile between wireless communications towers; including a separation of at least one-half mile from any such wireless telecommunications tower located outside the City's corporate limits at the time an application is made for a wireless telecommunications tower to be located within the City.

(n) Wireless telecommunications towers shall not be located within one-half mile from the shoreline of Lake Erie. This provision does not apply to a wireless communications antenna(s) that is proposed to be attached to an existing structure.

(o) Signage Required and Permitted on Telecommunication Facilities.

(1) No advertising shall be permitted on the wireless telecommunication facility.

(2) A permanent warning sign with a minimum size of one square foot and a maximum size of three square feet shall be posted on the site, as well as an emergency telephone number of the owner/user of each set of antenna(s) on the site. The owner/user shall also provide to the Building Department, the City Police Department, and the City Fire Department information on whom to contact, an address, and a telephone number in the event of an emergency.

(3) Other than the warning sign described in division (o)(2) above, no sign shall be permitted anywhere on a wireless telecommunications facility site.

(p) The tower 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).

(q) A plot plan including all building uses within 500 feet shall be required at a scale of not less than one inch equals 100 feet.

(r) The location of the tower and equipment building shall comply with all natural resource protection standards, including floodplain, wetland and slope regulations.

(s) A permanent easement to the tower site must be provided, thereby maintaining access regardless of other developments that may take place on the site.

(t) The access driveway to the wireless telecommunications 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 18 feet in width with a minimum overhead clearance of 11 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. If the access road to the facility is more than 1,500 feet from the public right-of-way, a turnaround shall be provided for emergency vehicles at the site and a by-pass, adequate for emergency vehicles, with an approachable access, shall be provided for each additional 1,500 feet of the driveway. There shall be a minimum of one off-street parking space on the facility site.

(u) All utility lines from the utility source to the wireless telecommunications facility shall be installed underground and in compliance with all ordinances, rules and regulations of the City, including, but not limited to, the National Electric Safety Code and the National Electric Code where appropriate. The Planning and Zoning Commission may waive or vary the requirements of underground installation of utilities whenever, in the opinion of the Planning and Zoning Commission, it is determined that such variance or waiver shall not be detrimental to the health, safety, general welfare and environment, including the visual and scenic characteristics of the area.

(v) 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.

(w) A proposed new tower shall not be located within 1,000 feet from any residential zoning district.

(x) All proposed wireless telecommunications facilities shall be set back from all property lines, abutting parcels, recorded rights-of-way and road and street lines a distance of at least 250 feet.

(y) The telecommunications tower shall be designed to have sufficient structural loading capacity to accommodate at least five antenna platforms or antenna arrays of equal loading capacity for five separate providers of service to be located on the structure when constructed to the maximum allowable height. 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 five separate users of the facility. If an equipment shelter is initially constructed to accommodate fewer than five users, space shall be reserved on-site for equipment shelter expansions to accommodate up to at least five separate users. Agreement to the provisions of this division 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 Planning and Zoning Commissioner evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this division.

(z) After issuance of a building permit to construct a wireless telecommunications facility, the applicant shall commence construction within six months and shall complete construction within one year or the permit will expire.

(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)

1399.04 CONSTRUCTION REQUIREMENTS.

Only the following types of wireless communication towers and/or antennas and/or equipment shelters are permitted under this chapter:

(a) A wireless communication antenna attached to a permitted institutional, recreational, public utility, office, industrial or commercial building or structure, provided the antenna does not exceed 20 feet above the highest point of the structure, and provided, further, that the transmission and receiving equipment, where feasible, is stored inside the existing building or structure or on the roof in an enclosure. The foregoing does not preclude the use of small PCS base stations and repeaters on the sides of buildings or utility poles or in ground-mounted pedestals.

(b) A wireless communication monopole or lattice tower not more than 200 feet in height above the finished grade, unless a lesser height is technically feasible to service the geographical service area of the applicant and the transmission and receiving equipment is stored inside a building constructed for that purpose. All applicants shall be required to construct or locate on a base tower structure and structure foundation that are designed to be buildable up to 200 feet above the finished grade. Such structure shall be designed to have sufficient structural capacity to allow for five providers to be located on the structure when constructed to the maximum allowable height.

(1) The maximum cumulative total size of all equipment shelters accessory to a wireless telecommunications tower or antenna on a lot shall be 750 square feet and their maximum height shall not exceed 15 feet above the approved grade at the site for an equipment shelter with a pitched roof and a maximum height of ten feet above the approved grade at the site for an equipment shelter with a flat roof. Only one equipment shelter, or the configuration of more than one equipment shelter constructed to appear that there is only one equipment shelter shall be compatible as to architecture design and materials with the principal building on the lot, if any. 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.

(2) Underground equipment shelters are encouraged, and may be mandated by the Planning and Zoning Commission where technically feasible.

(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)

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