Loading...
WIRELESS AND CELLULAR TELECOMMUNICATIONS TOWERS AND FACILITIES
(A) Purpose. It is the purpose of the regulations contained in this subchapter to:
(1) Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while regulating their location and number in the village;
(2) Minimize adverse visual effects of communications towers and support structures through proper siting, design, and screening;
(3) Avoid potential damage to adjacent properties from communications towers and support structure failure; and
(4) Encourage the joint use of tall structures and any new and existing communications towers and support structures to reduce the number of such structures needed in the future.
(B) Definitions. For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE TOWER STRUCTURE. Simulated trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA. Any exterior apparatus designed for telephonic, radio, or television communications through the sending, relaying, and/or receiving of electromagnetic waves; including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes and omnidirectional antennas, such as whips.
CELLULAR COMMUNICATIONS SERVICES. Personal communications accessed by means of cellular equipment services.
CLEAR AND CONVINCING EVIDENCE. The measure of proof which will produce a firm belief as to the assertion sought to be established.
CO-LOCATION. The process of providing space for more than one user on a tower or facility.
CELLULAR OR WIRELESS COMMUNICATIONS SUPPORT STRUCTURE. Any building or structure, including equipment shelter, guy wire anchors, accessory to and necessary for the proper functioning of the cellular or wireless communications antenna or tower.
HEIGHT. When referring to a tower or other structure, is the distance measured from ground level to the highest point on the tower or other structure even if the highest point is an antenna.
PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, including cellular services.
TALL STRUCTURES. Any structure or building, including, but not limited to, smoke stacks, water towers, buildings over 45 feet in height, antenna support structures of other cellular or wireless communication companies, and other communication towers.
TOWER. Any free-standing structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, monopoles, and alternative tower structures.
WIRELESS AND CELLULAR TELECOMMUNICATION EQUIPMENT. Antennas and satellite dishes and the like, which are used for transmitting, receiving, or relaying communications signals, except as regulation of such equipment has been preempted by the Telecommunications Act of 1996, being Pub. Law No. 104-104, which amended various sections of U.S.C. Titles 15, 18, and 47.
WIRELESS AND CELLULAR TELECOMMUNICATIONS FACILITIES. Any cable, wires, lines, wave guides, support structure, antennas, and any other equipment or facilities associated with the transmission or reception of communications, as authorized by the Federal Communications Commission. However, the term WIRELESS TELECOMMUNICATIONS FACILITIES shall not include:
(a) Any satellite earth station antenna four feet or less in diameter, regardless of zoning category subject to this subchapter; and
(b) Antennas used by amateur radio operators are excluded from this definition.
(C) Effect on other zoning regulations. The provision of any other zoning regulation of these codified ordinances notwithstanding, the provisions of this subchapter shall apply to all wireless and cellular telecommunications towers and facilities and shall supersede any contrary zoning regulation, including, but not limited to, zoning regulations related to essential services, public utilities, and height restrictions, modifications, and exceptions.
(Prior Code, § 1286.01) (Ord. 2002-11, passed 11-25-2002)
(A) Wireless and cellular telecommunication towers and facilities are permitted uses in industrial zoned districts contingent upon a number of requirements being met. These criteria are in place in an attempt to minimize adverse health, safety, public welfare, or visual impacts through buffering, siting, design and construction, and reduction of the need for new towers.
(C) Registration of wireless and cellular telecommunication towers and facilities is required by § 154.141.
(D) Shared usage of towers and transmission facilities is encouraged, and towers shall be designed to be buildable up to the maximum height permitted by this legislation, and shall be constructed in such a way as to permit at least two other telecommunications providers to co-locate their telecommunications facilities thereon when and if built to the maximum height permitted by this legislation. Appropriate shared parking and access must be provided for co-located facilities on one tower.
(E) All wireless and cellular telecommunication facilities must be co-located with existing facilities except where the applicant can demonstrate by clear and convincing evidence that its facilities cannot be located on any other existing communication tower, building, or structure in the geographic area to be served, and that all reasonable means have been undertaken to avoid any undue impact caused by the “clustering” of towers within an area. The applicant must send a certified mail announcement to all other owners of existing towers and tall structure owners in the geographic area to be served stating their siting needs and/or sharing capabilities. In determining whether a facility can or cannot be located on another communication tower, building, or structure, the village shall consider the space available on an existing structure, the technological practicality of the co-location, the financial feasibility of the co-location, and such other factors as the village deems appropriate.
(F) Federal Aviation Administration regulations shall be met and requirements presented to the village prior to facility approval.
(G) The owner of any tower or facility shall indemnify and hold the village harmless against any and all claims, demands, suits, causes of action or judgment arising from any injury, including death or damage caused by the construction and operation of the tower or facility.
(Prior Code, § 1286.02) (Ord. 2002-11, passed 11-25-2002) Penalty, see § 154.999
(A) Any person or company intending to apply for the placement or operation of a cellular or wireless communications tower or facility within the village shall first schedule a pre-application conference with the Zoning Inspector. At the conference, the prospective applicant must present to the Zoning Inspector any proposed locations for siting of towers and equipment. The information should identify possible locations, tower and tall structure heights, and the possibility of co-location.
(B) The purpose of the pre-application conference will be to generally evaluate the impact on adjacent areas and neighborhoods, discuss co-location, identify suitable sites that minimize any negative impact on surrounding areas.
(C) Upon the completion of the pre-application conference, an application may be filed with the Zoning Inspector. The applicant must comply with the requirements of this subchapter.
(D) A $250 application/registration fee will be charged for each new cellular or wireless telecommunication tower or facility. This fee shall be in addition to the applicable building permit fees. A $150 application fee will be charged for a facility that co-locates with an existing facility.
(E) The applicant may be asked to review plans with the Council Safety Committee within the village to consider any requests the village may have to ensure public safety.
(Prior Code, § 1286.03) (Ord. 2002-11, passed 11-25-2002)
No wireless or cellular telecommunication tower and/or facility shall be designed and/or sited such that it poses a potential hazard to nearby improvements or surrounding properties. The structural integrity of towers and facilities must meet the applicable Ohio Base Building Code and American National Standards Institute/Electronic Industry Association, § 222-F.
(Prior Code, § 1286.04) (Ord. 2002-11, passed 11-25-2002) Penalty, see § 154.999
(A) Permitted. Towers and facilities are a permitted use in Industrial District and subject to the provisions of § 154.143.
(B) Special exceptions. Wireless and cellular telecommunication facilities to be attached to a structure shall be permitted in all zoning districts subject to the provisions of § 154.144 (see definitions).
(C) Village Council approval. Towers and facilities located on publicly owned property are permitted subject to the provisions of § 154.145.
(Prior Code, § 1286.05) (Ord. 2002-11, passed 11-25-2002)
An applicant proposing to construct a new tower must submit an improvement plan in accordance with applicable zoning district requirements. In addition to a plan indicating compliance with the zoning district, the plan must include:
(A) (1) The location of all existing facilities and towers owned or used by the applicant within the village and one-quarter mile outside the village limits; and
(2) Provide the following information for each existing facility:
(a) Type and height of the tower and facilities at each location;
(b) The accessory equipment and/or building located at each side; and
(c) The ground network and associated land lines utilized by each tower.
(B) The general location of planned future towers and facilities;
(C) For each proposed tower location shown on the plan, there must be a schedule showing:
(1) Type and height of the tower and facility at each location;
(2) The type of accessory equipment located or proposed on each tower;
(3) Type, size, and location of any support structure accessory to the tower is being submitted;
(4) The ground network and associated land lines, if any, utilized by each site;
(5) A site plan showing the parcel on which any existing tower is located; and
(6) Detailed drawing of screening plan and related landscaping design standards.
(D) Copies of certified mail announcements to all other owners of towers and tall structures must be attached to the application. See § 154.136(E); and
(E) Notification from the FFA describing any requirements to be set forth on the tower and its location.
(Prior Code, § 1286.06) (Ord. 2002-11, passed 11-25-2002)
(A) All registrations of wireless and cellular telecommunications facilities within the village, and which are used to provide any telecommunications services for a fee, are required to be renewed by the owner and/or equipment owner. The renewal forms shall be provided by the village. A fee of $150 plus $1 for each foot of tower height shall be charged for the registration.
(B) Each owner shall inform the village within 60 days of any changes to the information set forth in the registration form.
(C) Wireless telecommunications towers and facilities registration must be renewed on an annual basis, at the beginning of each year. The renewal must be accompanied by the fee, which is $150 plus $1 for each foot of tower height. The telecommunications tower or facility owner/operator must submit the registration renewal to the Zoning Inspector of the village by February 1 of each year.
(D) A late fee of $25 shall be charged for each month the registration renewal and accompanying fee is not received by the village.
(Prior Code, § 1286.07) (Ord. 2002-11, passed 11-25-2002) Penalty, see § 154.999
Existing wireless and cellular telecommunication towers and facilities which do not comply with the conditions of this subchapter at the time of its adoption shall be classified as nonconforming. However, the owner and/or operator must comply with any registration requirements set forth in this subchapter. Future co-location of facilities on existing towers and changes to the towers or facilities must comply with requirements of this subchapter.
(Prior Code, § 1286.08) (Ord. 2002-11, passed 11-25-2002) Penalty, see § 154.999
(A) Fence/barrier. All communication towers, support structures, and associated facilities shall be enclosed within a minimum six-foot-high chain link fence or approved barrier and a continuous evergreen hedge a minimum of 30 inches in height on the outside of the fence or barrier. Applicant is responsible for installation and maintenance of the fence or barrier and hedge.
(B) Proof. Proof shall be provided by the applicant in a form satisfactory to the Zoning Inspector that the proposed installation has been approved by and will be operated in compliance with all agencies and governmental entities having jurisdiction, including, but not limited to, the State Department of Transportation, the Federal Aviation Administration, the Federal Communications Commission, or the successors to their respective functions.
(C) Lighting. Lights, beacons, or strobes of any kind shall not be permitted on any tower, antenna, or facilities unless required by the Federal Aviation Administration. Any such requirements must be presented to the Zoning Inspector prior to the village approval of the facility. Furthermore, telecommunication towers which would require special painting or lighting by the FAA regulations are discouraged.
(D) Setback requirements. All communication towers, support structures, associated facilities, and required fence/barrier shall be located no closer than 250 feet from any residential zoning district line and no closer than 100 feet to a public street right-of-way and no closer to any property lines than 25% of the height of the proposed tower, unless a variance is granted by the Planning Commission.
(E) Minimum size. The minimum size of a parcel on which a tower is located shall be one acre, and no more than one tower may be located on a parcel. PARCEL means a separate tract of land as determined by the County Auditor’s office.
(F) Advertisements. No advertisement of any kind shall be installed on telecommunication towers and/or facilities.
(G) Paint color. The towers shall be painted a non-contrasting gray or similar color minimizing their visibility, unless otherwise required by the Federal Communications Commission or Federal Aviation Administration. When permitted as a special exception, the Planning Commission may require an alternative tower structure to blend into the existing environment. The towers and accessory structures shall be well maintained.
(H) Height. Towers shall be 200 feet or less in height.
(Prior Code, § 1286.09) (Ord. 2002-11, passed 11-25-2002) Penalty, see § 154.999
Telecommunication facilities on existing structures are permitted in all districts as specified in § 154.139, subject to the following standards.
(A) Existing tall structures include water towers, smoke stacks, buildings, lighting standards, or other structures.
(B) Telecommunication facilities on existing structures must be aesthetically and architecturally compatible with the surrounding environment.
(C) The maximum height of such telecommunication facilities shall not exceed the lesser of 25 feet above the height of the structure or 25% of the height of the structure on which it is located. If located on a building, all attempts should be made to set back the facility from the exterior wall of the building.
(Prior Code, § 1286.10) (Ord. 2002-11, passed 11-25-2002) Penalty, see § 154.999
(A) Towers and facilities may be permitted on any village owned property, subject to the following.
(1) The property must be leased from the village at its sole discretion.
(2) The maximum height and design of any tower and/or facility on village property shall be determined by the Planning Commission and approved by the Village Council.
(B) Towers and facilities may be permitted on any other publicly owned property subject to the following.
(1) A special exception must be approved by the Planning Commission for any publicly owned property located in a district in which towers and/or facilities are not a principally permitted use.
(2) The maximum height of any tower and/or facility shall not exceed 200 feet in height.
(Prior Code, § 1286.11) (Ord. 2002-11, passed 11-25-2002) Penalty, see § 154.999
(A) All wireless and cellular telecommunication towers and facilities shall be removed within six months after they are no longer used or in the event that it is proven that the towers cause a health hazard. A telecommunication tower and/or facility shall be considered abandoned if non-operational for six consecutive months. All owners or operators of such towers or facilities shall notify the Zoning Inspector in writing of the date upon which such towers or facilities are no longer used.
(B) Wireless and cellular telecommunication towers and facilities which are not removed within six months after they are abandoned are hereby declared to be a public nuisance which shall be abated by removal of the tower and/or facilities.
(C) The Zoning Inspector shall serve written notice on the owner or operator of the tower and/or facilities and the lessee and/or owner of the property upon which the tower and facilities are located ordering removal of the tower and/or facilities and reinstate the entire site to its prior state at the expense of the owner within 120 days of the receipt of the notice.
(D) In the event that the tower and/or facilities are not removed within 120 days after the written notice, then the Zoning Inspector is authorized and directed to abate such public nuisance by causing the removal of the tower and/or facilities and reinstate the entire site to its prior state at the expense of the owner or lessee of the tower, facilities, or property.
(E) The cost of removal of the tower and/or facilities by the village shall be certified by the County Auditor as a lien for assessment and collection against the real property upon which the tower and/or facilities were located in the same manner as general taxes and returned to the village’s General Fund.
(Prior Code, § 1286.12) (Ord. 2002-11, passed 11-25-2002)
(A) Application form.
WIRELESS AND CELLULAR TELECOMMUNICATIONS
TOWERS AND FACILITIES APPLICATION
Pursuant to § 154.137 of the Village of Grand Rapids’ Zoning Ordinance, all Wireless and Cellular Telecommunications carriers and service providers that offer to provide any telecommunications services for a fee directly to the public, either within the Village of Grand Rapids or outside the corporate limits from telecommunications facilities within the Village, shall attend a pre-application conference and prepare an application.
Is this a request for: (Please check the following)
Construction of a new telecommunication tower.
Co-location of telecommunications facility on existing tower.
Telecommunications facility attachment to existing structure.
a. SITE INFORMATION
Telecommunication Company (Service Provider) | Name of Office or Authorized Agent | ||
Address | Title | ||
City, State, Zip | Phone/Fax/E-mail | ||
Address where Telecommunications Facility is located | |||
Size of Parcel | acre of sq. ft. | Zoning of Parcel | Lineal Feet Distance from Closest Residential Land Use/District |
b. ATTACHMENTS:
Plan requirements for the construction of a new wireless/cellular telecommunications tower and for the co-location of telecommunications equipment is set forth in § 154.140 of the Grand Rapids Zoning Ordinance. In addition, all registrants shall attach the following information to the wireless/cellular telecommunications application:
1. A description of the telecommunication services that the registrant intends to offer or provide to persons, firms, businesses or institutions within the Village.
2. Information sufficient to determine that the applicant has applied for and received any construction permit, operating license or other approvals required by the Federal Communications Commission (FCC) to provide telecommunications services or facilities within the Village.
3. For any telecommunications facilities which are co-located, provided information as to the names of other service providers located on the tower, and the expiration date of the lease for co-location.
c. FEES:
Application Fee: Each application shall be accompanied by the following fee:
Co-located facility: $150.00
Telecommunication tower $250.00
Amount Paid Date Received by
d. CERTIFICATION:
I certify that the following information, including any attachments, is correct to the best of my knowledge. I understand that knowingly falsifying this information may be grounds for the denial of this application.
Printed Name and Title Signature
(B) Renewal form.
WIRELESS AND CELLULAR TELECOMMUNICATIONS
TOWERS & FACILITIES RENEWAL
Pursuant to § 154.141 of the Village of Grand Rapids’ Zoning Ordinance, all wireless and cellular telecommunications carriers and service providers that offer to provide any telecommunications services for a fee directly to the public, either within the Village or outside the corporate limits from telecommunications facilities within the Village, shall register with the Village and shall adhere to the requirements specified in §§ 154.135 through 154.147.
REGISTRATION:
Telecommunications Company (Service Provider) | Name of Office or Authorized Agent | ||
Address | Title | ||
City, State, Zip | Phone/Fax/E-mail | ||
Address where Telecommunications Facility is located | |||
Size of Parcel | acre of sq. ft. | Zoning of Parcel | Lineal Feet Distance from Closest Residential Land Use/District |
Date of Original Application |
CHANGE OF INFORMATION:
Each service provider registered with the Village shall inform the Village within 60 days of any change in information on the registration form.
FEES:
Registration must be renewed on an annual basis, at the beginning of each year. A one hundred fifty dollar ($150.00) fee plus one dollar ($1.00) for each foot of tower must accompany the registration.
CERTIFICATION:
I certify that the following information, including any attachments, is correct to the best of my knowledge. I understand that knowingly falsifying this information may be grounds for the denial of this application.
Printed Name and Title Signature
FOR VILLAGE USE ONLY:
Amount Paid Date Received by
(Prior Code, Part 12, Title Six, Appendix A and Appendix B) (Ord. 2002-11, passed 11-25-2002)
WIND ENERGY CONVERSION SYSTEMS
The purpose of this subchapter is to preserve and protect the public health and safety and to promote the orderly land use and development of the village by the implementation of standards and procedures by which the installation and operation of wind energy conversion systems (WECS) shall be governed as a conditional use.
(Ord. 2010-2, passed 5-10-2010)
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
APPLICANT. The person or entity filing an application for a conditional use permit under this subchapter.
BLADE GLINT. The intermittent reflection of the sun off the surface of the blades of a single or multiple wind energy system.
COMMERCIAL WECS. A WECS consisting of more than one wind turbine and tower, or a WECS that will be used primarily for off-site consumption of electrical power.
NOISE. Any unwanted sound.
SHADOW FLICKER. The effect produced when the blades of an operating wind energy system pass between the sun and an observer, casting a readily observable, moving shadow on the observer and his or her immediate environment.
SMALL WECS. A WECS that will be used primarily to reduce on-site consumption of electrical power with a height of 150 feet or less.
TOTAL HEIGHT. The distance measured from ground level to the highest point that any part of the WECS can reach.
TOWER. Any elevating structure intending to raise the rotor, turbine, and accessory equipment above either the ground surface or the top of a building.
WIND ENERGY CONVERSION SYSTEM (WECS). Includes any or all of the following components:
(1) A turbine with propeller-style blades;
(2) A vertical rotor;
(3) Other means of capturing the energy in moving air;
(4) A tower;
(5) A mounting structure;
(6) An electrical power generator with associated electrical power transmission circuitry;
(7) A battery;
(8) Other means of storing energy;
(9) Other means of transmitting energy (hydraulic, mechanical, and the like);
(10) Mechanical control mechanisms;
(11) Electrical/electronic/computer control circuitry;
(12) A foundation; and/or
(13) Enclosures.
WIND TURBINE. A WECS that converts wind energy into another form of energy by means of rotary motion driven by the passage of air through the WECS. The definition includes a WECS designed to mount directly on the roof of existing buildings, including residences.
WIND TURBINE ROTOR. That portion of a wind turbine that includes the blades or scoops, hub, and shaft.
(Ord. 2010-2, passed 5-10-2010)
(A) This subchapter applies to all wind energy conversion systems (WECS), small and commercial, and wind turbines as defined in § 154.161, proposed to be constructed or located after the effective date of this subchapter.
(B) Any WECS constructed or located prior to the effective date of this subchapter shall not be required to meet the provisions of this subchapter provided that any physical modification to such pre-existing WECS that materially alters the size, type, and number of any such WECS shall require compliance with this subchapter. If any pre-existing WECS is destroyed or damaged to the extent of more than 50% of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this subchapter.
(Ord. 2010-2, passed 5-10-2010)
Loading...