The following requirements shall apply to all wireless communications facilities, regardless of the zoning district in which they are located, except for a "Small Cell Facility," as defined by Section 1026.01(y) of the Fairlawn Codified Ordinances, or "Wireless Support Structure," as defined by Section 1026.01(ff) of the Fairlawn Codified Ordinances, that is to be located within the public right-of-way, as defined by Section 1026.01(u) of the Fairlawn Codified Ordinances. To the extent that a wireless telecommunication facility is governed by the requirements of this chapter, then the general standards set forth below shall apply and shall be supplemented with the specific regulations for nonresidential and residential districts as set forth in Section 1482.03 and 1482.04.
(a) When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale of not less than one (1) inch equals one hundred (100) feet shall be submitted. This plot plan shall indicate all building uses within three hundred (300) feet of the proposed facility. Aerial photos and/or renderings shall augment the plot plan.
(b) The location of the tower and equipment shelter shall comply with all natural resource protection standards established in the Zoning Code, including those for floodplains, wetlands and steep slopes.
(c) Security fencing eight (8) feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually, as determined by the Planning Commission.
(d) The following buffer plantings may be located around the perimeter of the security fence as deemed appropriate by the Planning Commission: An evergreen screen that consists of either a hedge planted three (3) feet on center maximum or a row of evergreen trees planted five (5) feet on center maximum.
(e) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(f) Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who or which supply service within a two and one- half (2-1/2) mile radius of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within thirty (30) days. The applicant's letter or letters, as well as any response or responses thereto, shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.
(g) Any application to locate an antenna on a building or structure that is listed on an historic register, or is in an historic district, shall be subject to review by the Planning Commission.
(h) The tower shall be painted a noncontrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
(i) No advertising shall be permitted anywhere on the facility, with the exception of identification signage.
(j) All providers utilizing towers shall present a report to the Building Commissioner/Zoning Inspector notifying him or her of any tower facility located in the Municipality whose use will be discontinued and the date this use will cease. If, at any time, the use of the facility is discontinued for one hundred eighty (180) days, the Building Commissioner/Zoning Inspector may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility's owner/operator will receive written notice from the Building Commissioner/Zoning Inspector and will be instructed to either reactivate the facility's use within one hundred eighty (180) days or dismantle and remove the facility. If reactivation or dismantling does not occur, the Municipality will remove, or contract to have removed, the facility, and assess the owner/operator for the costs thereof.
(k) No tower under one hundred fifty (150) feet shall be artificially lighted except to assure safety or as required by the FAA. Any tower between one hundred fifty (150) and two hundred (200) feet in height shall follow safety marking and obstruction lighting requirements as prescribed by the FAA. Security lighting around the equipment shelter is permitted. No strobe lighting shall be permitted unless required by the FAA.
(l) “No Trespassing” signs shall be posted around the facility with a telephone number of the person to contact in the event of an emergency.
(m) Applicants will provide evidence of legal access to the tower site, thereby maintaining this access regardless of other developments that may take place on the site.
(n) A conditional use permit must be approved by the Planning Commission and Council with a subsequent building permit issued by the Building Commissioner/Zoning Inspector. Collocation of antennas on a single tower, antennas attached to existing structures/buildings, towers located in industrial districts or replacement towers to be constructed at the site of a current tower are permitted uses and will not be subject to the conditional use permitting process.
(o) Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission and Council.
(p) Underground equipment shelters are encouraged, especially in nonindustrial districts, and may be requested by the Planning Commission and Council.
(q) All wireless facilities shall comply with the Wireless Facility Design Guidelines promulgated and updated from time to time by the Director of Public Service or his or her designee in order to ensure that such facilities and related structures reasonably match the aesthetics and character of the immediate area.
(Ord. 1997-60(A). Passed 5-19-97; Ord. 2001-005. Passed 3-5-01; Ord. 2018-029A. Passed 7-16-18.)