702.01 Purpose.
702.02 Definitions.
702.03 Registration required.
702.04 Issuance of registration certificate.
702.05 Annual registration renewal fee.
702.06 Monitoring and inspection.
702.07 Expiration of registration.
702.08 Transfer of permit.
702.09 Abandonment.
702.10 Indemnification.
CROSS REFERENCES
Zoning regulations - see P. & Z. Ch. 1127
The purpose of the chapter is to regulate wireless telecommunications facilities (WTF) through the application of uniform zoning and registration requirements to promote the health, safety, general welfare of the citizens of Fairborn with the goal of maintaining such facilities in an operable state, and ensure the facilities are properly dismantled when, at such time, the owner of the WTF is no longer utilizing the facility because of changes in technology or provision of service. It is not the intent of this chapter to limit or restrict the development of WTF within the City of Fairborn, prohibit competition amongst WTF providers, nor supersede the rules enacted by the Federal Communications Commission.
(Ord. 76-97. Passed 1-20-98.)
For purposes of this chapter, certain terms and words are defined as follows:
(a) “Antenna” means any panel, whip, dish, or other apparatus designed for communications through the sending and receiving of electromagnetic waves, excluding any antenna support structure other than brackets.
(1) Antenna, personal use. Any antenna and earth satellite dishes designed only to receive AM and FM radio, CB radio, television, and satellite television broadcast transmissions and receive and transmit amateur radio signals, for the use and enjoyment of the property owner. Such uses are an accessory use of the property and shall be governed by provisions specified in this chapter and Chapter 1171 Supplemental Regulations.
(b) “Antenna support structure” means any building or other structure other than a tower which can be used for location of wireless telecommunications facilities.
(c) “Channel” means the segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.
(d) “Co-location” means the use of a tower or antenna support structure by more than one wireless telecommunications provider.
(e) “DBM” means a unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to 1 milliWatt.
(f) “EMF” means Electromagnetic Frequency Radiation.
(g) “Monitoring protocol” means an approved testing protocol as defined in the most current FCC regulations. As of August 15, 1997, the most current practice is referenced in FCC Regulations, Title 47, Part 1, Section 1.1307 as IEEE C95. 1-1992.
(h) “Monopole” means a support structure constructed as a single, self-supporting hollow metal tube securely anchored to a foundation.
(i) “Tower” means a self-supporting, monopole, or guyed structure constructed from grade which supports wireless telecommunications facilities. The term tower shall not include amateur radio operator’s equipment, as licensed by the FCC.
(j) “Wireless Telecommunication Facility (WTF)” means any cables, wires, lines, wave guides, antenna(s) and any other equipment or facilities associated with the transmission or reception of communications at a particular site as authorized by the FCC which a person seeks to locate or have installed upon a tower or antenna support structure. However, the term wireless telecommunications facilities shall not include:
(1) Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned industrial or commercial.
(2) Any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning category.
(3) Antennas used by amateur radio operators.
(4) Antennas used as an accessory use of a property for the purpose of receiving AM and FM radio transmissions, and television transmissions. Such antennas shall not exceed the lesser of the following:
A. Height of the existing principal structure by twenty (20) feet.
B. Maximum height of the zoning district by twenty (20) feet.
(Ord. 76-97. Passed 1-20-98.)
Commencing January 1, 1999,
(a) No person, company, or corporation shall operate a WTF within the City without first obtaining a WTF registration to do so.
(b) The City Manager or his/her designee is responsible for granting, denying, revoking, renewing, suspending, and canceling registrations for proposed or existing WTF. To be approved, applications must comply with all locational and zoning requirements of this Chapter, Chapter 1162, and the Zoning and Building Codes of the City of Fairborn.
(c) Applications must be made on a form provided by the City. Applicants must provide an original and one copy of the application which must contain the following information and documents:
(1) If the applicant is:
A. An individual: the individual’s legal name, aliases and proof of age over eighteen by birth certificate or drivers license and social security number.
B. A partnership: the complete name, all partners’ names, and a copy of any partnership agreement.
C. A corporation: its complete name; date of incorporation; name and address of its registered agent and evidence of good standing under Ohio law.
(2) The applicant’s address, telephone numbers, and facsimile numbers. The application should provide the appropriate contact persons for routine and emergency situations.
(3) The location of each WTF within the City of Fairborn, the location identified by street address, County Auditor Parcel ID number, City Lot number if applicable, and latitude and longitude coordinates of the antenna.
(4) The ownership of the tower or support structure. If owned by others, provide their information as stated in items (1) and (2) above.
(5) List all WTF located at each site in question if the tower or antenna support structure is co-located by multiple users.
(6) The application must be signed by an authorized agent of the applicant, with signer’s position of responsibility identified.
(7) Completion of a signed and notarized agreement obligating the owner of the tower or antenna support structure to maintain said facility, reduce its height when its use is no longer necessary, and remove said structure entirely upon its use being discontinued.
(8) Completion of a signed and notarized agreement obligating the owner of the tower or antenna support structure to consider reasonable offers of co-location by other WTF owners, if said facility was sufficiently engineered for additional co-location opportunities.
(9) Submission of required Monitoring Data as outlined in Section 702.06.
(d) Applicants are under a continuing duty to promptly update their application information. Failure to do so within thirty (30) days of the date of a change in application information shall be grounds for permit suspension.
(e) If the City Manager learns that an applicant improperly completed the registration application, the City Manager shall promptly notify the applicant and allow ten (10) days for correction.
(f) A one hundred dollar ($100.00) non-refundable application fee is due at the time the applicant files an original application under this section.
(g) Concurrent with obtaining a registration to operate a WTF, the applicant shall obtain a certification that the proposed location complies with all requirements of the Zoning Code.
(h) By filing an application under this section, the applicant shall be deemed to have consented to the provisions of this chapter and to the investigation of the application by the City Manager and his designees.
(i) A WTF registration shall be renewed annually upon written application, subject to the payment of the annual permit fee required under Section 702.07 and that the registration holder is still in conformance with the permit requirements.
(Ord. 76-97. Passed 1-20-98.)
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