A telecommunications tower, as defined in Chapter 1103, shall be considered as a conditional use in the GC, HC, GI and IP Districts, subject to the following requirements. If a public telecommunication service provider desires to co-locate its facility on either an existing tower or utility structure, such proposed use shall be addressed as a permitted use in the respective zoning district.
(a) Conditions. In approving an application for a telecommunications tower, the Planning Commission shall determine that the following conditions are met.
(1) Applicant shall demonstrate that the height of the tower is the minimum necessary for operation; however, no tower shall exceed two hundred fifty feet (250') in height.
(2) Minimum setback for the tower from all property lines shall be at least one hundred feet (100') if applicant provides a report from a professional engineer, indicating that the proposed tower has been designed to collapse upon itself, otherwise, the minimum setback from all property lines shall be the height of the tower. In addition, any stabilization structures or guy wires shall be located at least 10 feet (10') from any property line. Setback for purposes of this provision is defined as the distance from the property line to the nearest point of the structure.
(3) The tower shall be located not less than one hundred fifty feet (150') from the property line of any property zoned or used for residential purposes, except a tower shall be located not less than one thousand feet (1,000') from a property line of any property in an R-1A or R-1B District.
(4) The minimum lot or parcel size for the site of the tower shall be one (1) acre. Only one tower shall be permitted on any such lot or parcel.
(5) An eight foot (8') high security and obscuring fence shall be maintained around the tower and any other ancillary structures, with its location being as close to the tower and such structure as possible while still allowing adequate room for maintenance, temporary vehicle parking, etc. Uncontrolled access to the tower site shall be prevented by use of an operable lock.
(6) A Site Plan drawn to scale, including complete structure elevations, location of existing and proposed structures, setbacks from property lines, and vehicle access and parking, and a proposed landscaping plan shall be submitted to and approved by the Planning Commission.
(7) If the access drive to the tower passes through or adjacent to property zoned or used for residential purposes, such driveway shall be constructed and maintained through the use of materials determined by the Planning Commission to be dust free.
(8) The tower shall not be lighted except to assure safety or as required by the Federal Aviation Administration.
(9) The applicant shall document in writing that it is unable to co-locate on existing and approved towers within the range of the proposed equipment, and shall demonstrate that its planned equipment would harm the structural capacity of existing or approved towers, that its planned equipment would cause RF interference with equipment for the existing or approved towers and cannot be shielded at a reasonable cost, that existing or approved towers do not have space on which to function in parity with similar equipment in the area, or that the fees and/or costs for shared use are unreasonable in comparison to the erection of a new tower.
(10) The applicant shall demonstrate that the telecommunication tower must be located where it is proposed in order to service the applicant's service area, including submission of RF propagation maps showing the necessity of the proposed site.
(11) Underground wiring and utilities to the site shall be required.
(12) Equipment, mobile or immobile, not used in direct support of the transmission or relay facility, shall not be stored or parked on the site except in connection with a repair or maintenance being made to the tower.
(13) No employee shall be employed on a regular basis at the tower site.
(14) An obsolete or unused tower shall be removed within ninety (90) days after the tower's use is discontinued.
(15) The tower shall be painted a non-contrasting gray or similar color minimizing its visibility unless otherwise required by the Federal Aviation Administration or Federal Communications Commission.
(16) No advertising is permitted anywhere on the site.
(17) Warning signs shall be posted around the site with the telephone number of who to contact in the event of an emergency.
(18) Applicant shall provide a signed statement indicating that it agrees to allow for potential co-location of other similar facilities on its tower, if approved.
(19) Applicant shall produce a license to operate such telecommunications tower in the Galion area, if such license is required.
(20) The tower must be built and inspected in accordance with ANSI/EIA/TIA-222-E code.
(21) A non-refundable fee of one hundred fifty dollars ($150.00) shall be paid to the Planning Commission for review of each application for a telecommunication tower. In addition, applicant shall be responsible for fees incurred to hire an outside contractor to review plans. A building and electrical permit must be applied for prior to erecting a telecommunication tower and the fees for such permits are in addition to the above fee to the Planning Commission.
(b) Exceptions. The following are exempt from the regulations established above.
(1) Telecommunications towers that a resident uses for receiving commercial television or radio for personal entertainment or educational purposes in accordance with 47 CFR, commonly known as the Federal Communications Commission Rules and Regulations.
(2) Recognizing the need for the possibility of emergency communications in time of disaster, telecommunications towers used by Federal Communications Commission licensed Amateur Radio Operators.
(c) Interference. In the event that signals to and/or from the telecommunications tower causes interference to any radio or television operated by any resident within the immediate area, the resident shall notify the system owner, who shall immediately investigate the complaint and take proper action at no expense to the resident
(Ord. 2009-85. Passed 12-8-09.)