(a) No person shall place, construct, modify an existing structure or operate any wireless telecommunications facility, tower or antenna support structure without approval of the Administrator.
(b) Except as provided for in this section, any use being made of an existing tower or antenna support structure on the effective date of this section (herein "nonconforming structures") shall be allowed to continue, even if in conflict with the terms of this section.
(c) For the purposes of this section, the following terms, phrases, words, and their derivations shall have the meanings given herein. Words not defined shall be given their common and ordinary meaning.
(1) "Antenna Support Structure" means any building or other structure other than a Tower which can be used for location of Wireless Telecommunications Facilities.
(2) "Applicant" means any person that applies to locate wireless telecommunications facilities, towers and antenna support structures.
(3) "Application" means the process by which an Applicant submits a request and indicates a desire to be granted a Permit under the provisions of this section. An Application includes all written documentation, verbal statements and representations, in whatever form for forum, made by an Applicant to the City concerning such a request.
(4) "Code" means the Code of Ordinances of the City.
(5) "Co-location" means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(6) "Council" means the City of Groveport Council.
(7) "Emergency" means a reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.
(8) "Engineer" means any engineer licensed by the State of Ohio.
(9) "Equipment Shelter" means the structure in which the electronic receiving and relay equipment for a Wireless Telecommunications Facility is housed.
(10) "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.
(11) "Monopole" means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(12) "Open Space" means land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped.
(13) "Person" is any natural person, firm, partnership, association, corporation, or other legal entity, private or public, whether for profit or not-for-profit.
(14) "Tower" means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports Wireless Telecommunications Facilities. The term Tower shall not include amateur radio operators' equipment, as licensed by the FCC.
(15) "Viewshed" means the area surrounding a Wireless Telecommunications Facility or Antenna Support Structure, within which the Facility or Structure is visible from the street or residence.
(16) "City" means the City of Groveport, a municipal corporation, in the State of Ohio, acting by and through its City Council.
(17) "Wireless Telecommunications Facilities" means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or has installed upon a Tower or Antenna Support Structure. However, the term Wireless Telecommunications Facilities shall not include:
A. Any satellite station antenna two meters in diameter or less which are located in an area zoned industrial or commercial.
B. Any satellite earth station one meter or less in diameter, regardless of zoning category.
C. Home TV Antenna.
(d) General Requirements: Wireless Telecommunications Facilities are either permitted uses or conditional uses in a variety of zoning 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.
(e) The following requirements apply to all Wireless Telecommunication Facilities regardless of the zoning district in which they are located. These general standards are to be supplemented with the specific regulations for nonresidential and residential districts as set forth in subsections (g) and (h) herein.
(1) When the proposed Wireless Telecommunications Facility or Antenna Support Structure is to include a new Tower, a plot plan at a scale of not less than one inch equals 100 feet shall be submitted. This plot plan shall indicate all building uses within 200 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
(2) A diagram or map showing the viewshed of the proposed Wireless Telecommunications Facilities or Antenna Support Structure shall be provided.
(3) Photo simulations of the proposed facility from effected residential properties and public rights-of-way at varying distances shall be provided.
(4) The location of the Tower and Equipment Shelter and Antenna Support Structure shall comply with all natural resource protection standards established in the Zoning Code, including those for floodplain, wetlands and steep slopes.
(5) Security fencing eight feet in height shall surround the Tower, Equipment Shelter and any guy wires, either completely or individually as determined by the Planning Commission. No barbed or razor wire shall be permitted in residential neighborhoods. The City and co-locators shall have reasonable access. No Fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure.
(6) Buffer plantings may be located around the perimeter of the security fence as compatible with the Landscaping Ordinance (Chapter 1395).
(7) Existing woody vegetation shall be preserved. Consideration may be given to the elimination of less desirable species with necessary input from the City Arborist and in accordance with the City Tree Ordinance and Trees and Decorations Committee (Chapter 911).
(8) Compliance with co-location requirements.
(9) Any application to locate a Wireless Telecommunications Facility on a building or structure that is listed on an historic register, or is in an historic district, and small business as defined by the Sign Ordinance (Chapter 1181) shall be subject to review by the Building Official.
(10) 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 Federal Aviation Administration (FAA). Except for Tower or Monopole structures, all appurtenances shall be aesthetically and architecturally compatible with the surrounding environment.
(11) No advertising is permitted anywhere on the Wireless Telecommunications Facility, with the exception of the identification signage.
(12) No Tower under 150 feet shall be artificially lighted except to assure safety or as required by the FAA.
(13) “No Trespassing" signs shall be posted around the Wireless Telecommunications Facility with a telephone number of whom to contact in the event of an emergency. The signs shall be kept in good repair and shall be readable from a distance of thirty-five feet.
(14) Underground Equipment Shelters are encouraged, and may be requested by the Planning Commission.
(15) Towers must be designed and certified by a registered professional engineer to be structurally sound and, at a minimum, in conformance with the Ohio Basic Building Code.
(f) Any Wireless Telecommunications Facilities which are not attached to a Tower shall be a permitted ancillary use to any commercial, industrial, professional, institutional, or multi-family structure, regardless of the zoning restrictions applicable to the zoning district where the structure is located and without having to obtain any prior authorization from the City; provided that the Person making such ancillary use, files a written certification with the City establishing the following:
(1) That the total height of the Antenna Support Structure and Wireless Telecommunications Facilities do not exceed the structural height limitations in the applicable zoning district under Chapter 1127 of the City Code.
(2) That the Antenna Support Structure and Wireless Telecommunications Facilities comply with the Ohio Basic Building Code.
(3) That any Wireless Telecommunications Facilities and their appurtenances, located on the roof of a building, are set back one foot from the edge of the roof, not including the penthouse, for each one foot in height of the Wireless Telecommunications Facilities. However, this setback requirement shall not apply to antennas less than two inches in thickness, which are mounted to the sides of Antenna Support Structures, but which do not protrude more than six inches from the side of such Antenna Support Structure. This requirement is subject to change by the Planning Commission upon review of the photo simulation provided in compliance with subsection (e)(3).
(4) That the Wireless Telecommunications Facilities will utilize camouflaging techniques or will be side-mounted to an Antenna Support Structure in order that the Wireless Telecommunications Facilities harmonize with the character and environment of the area in which they are located.
(g) Wireless Telecommunications proposed for the following districts industrial, commercial and community service are subject to the following conditions:
(1) A Wireless Telecommunications Facility is permitted as a sole use on a lot subject to the following:
A. Minimum lot size of one acre.
B. Minimum yard requirements.
Tower: The minimum distance to any single-family or two family residential use or district lot line shall be 200 feet.
Equipment Shelter: The minimum distance to any single-family or two family residential use or district lot line shall be 50 feet.
C. Maximum height:
Tower is 200 feet (includes antenna)
Equipment Shelter is 18 feet.
D. Maximum size of Equipment Shelter: 400 square feet, or, if there is more than one, 800 total square feet (above ground).
E. Landscaping as per subsection (e)(6).
(2) A Wireless Telecommunications Facility is permitted with an existing use subject to the following conditions:
A. The existing or future use on the property may be any permitted use in the district or any lawful nonconforming use, and need not be affiliated with the wireless communication provider. The Wireless Telecommunications Facility will not be considered an addition to the structure or value of a nonconforming use.
B. The Wireless Telecommunications Facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).
C. Minimum lot area of two acres (accommodates the tower, guy wires if used, equipment shelter, security fencing and buffer planting).
D. Minimum yard requirements:
Tower: The minimum distance to any single family or two family residential use or district lot line shall be 220 feet.
Equipment Shelter: Shall comply with the minimum setback requirements for the primary lot.
E. Access: The service access to the Equipment Shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
F. Maximum height:
Tower: 200 feet (includes antenna).
Equipment Shelter: Eighteen feet.
G. Maximum size of Equipment Shelter: 400 feet for a single shelter, or, if there is more than one, 800 square feet for all (excludes below ground).
H. Landscaping as per subsection (e)(6).
(3) Where possible, an antenna for a Wireless Telecommunication Facility shall be attached to an existing structure or building subject to the following conditions:
A. The maximum height will be twenty feet or twenty percent (20%) of the building height above the existing building or structure, whichever is greater.
B. If the applicant proposes to locate the telecommunications equipment in a separate Equipment Shelter (not located on, or attached to the building), the Equipment Shelter shall comply with the following:
1. The minimum setback requirements for the subject zoning district.
2. A buffer yard will be planted in accordance with subsection (e)(6).
3. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
4. The maximum size of the Equipment Shelter shall not exceed 400 square feet, or, if there is more than one, 800 total square feet.
(h) Wireless Telecommunications Facilities that include Towers are not permitted in single family or two family residential districts with the exception of placement on any property with a community service use (e.g., church, park, municipal/government, school, utility) located in either of these two districts. However, antennas attached to existing buildings or structures are permitted. In applying for a permit in any residential district, the applicant must present sufficient evidence as to why it is not technically feasible to locate in a more appropriate nonresidential zone. Once those efforts have been exhausted, a Wireless Telecommunications Facility may be located in a residential district subject to the following conditions:
(1) The Wireless Telecommunications Facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance. This shall also apply to subsections (2), (3), (4) and (5) which immediately follow.
(2) An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district; including, but not limited to, a church, a municipal or governmental building or facility, and a building or structure owned by a utility. The following conditions shall be met:
A. Maximum height of 20 feet above the existing building or structure.
B. If the applicant proposes to locate the telecommunications equipment in a separate Equipment Shelter, the Equipment Shelter shall comply with the following.
1. The minimum setback requirements for the zoning district.
2. The maximum size of the Equipment Shelter shall not exceed 400 square feet, or, if there is more than one 800 total square feet.
3. A buffer yard shall be planted in accordance with subsection (e)(6).
4. Vehicular access to the Equipment Shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
(3) A Tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use within the district, including but not limited to a church, school, municipal or governmental building, facility or structure and a utility use, subject to the following conditions:
A. The Tower shall be set back from any property line abutting a single family or two family residential lot by 200 feet.
B. The maximum height of the Tower will be 200 feet in including the antenna and the maximum height of the Equipment Shelter shall be eighteen feet.
C. The maximum size of the Equipment Shelter shall not exceed 400 square feet, or, if there is more than one, 800 total square feet.
D. Vehicular access to the Tower and Equipment Shelter shall, whenever feasible be provided along the circulation driveways of the existing use.
E. In order to locate a telecommunications facility on a property that is vacant or with an agricultural use the tract shall be at least 2.5 acres, or as otherwise determined by Planning and Zoning.
F. Landscaping as per subsection (e)(6).
(4) An antenna for a Wireless Telecommunications Facility may be attached to a mid-rise or high-rise apartment building subject to the following conditions:
A. Maximum height of twenty feet above the existing building and the shelter shall comply with the maximum setback requirements for the subject zoning district.
B. The maximum size of the Equipment Shelter shall not exceed 400 square feet, or, if there is more than one, 800 total square feet.
C. A buffer yard shall be planted in accordance with subsection (e)(6).
D. Vehicular access to the Equipment Shelter shall, if at all possible, use the existing circulation system.
E. A Wireless Telecommunications Facility is permitted on land that has been established as permanent Open Space, or a park subject to the following conditions:
A. The Open Space shall be owned by the municipality, county or state government.
B. The maximum height of the Equipment Shelter shall not exceed 200 including the antenna and the Equipment Shelter shall not exceed eighteen feet.
C. The maximum size of the Equipment Shelter shall not exceed 400 square feet, or, if there is more than one, 800 total square feet.
D. The Tower shall be set back from any single family or two family property line 200 feet.
E. Landscaping as per subsection (e)(6).
(i) Any decision to deny a request to place, modify or construct a Wireless Telecommunications Facility and/or Tower shall be in writing and supported by the evidence contained in a written record of the proceedings of the Planning Commission.
(j) In order to encourage the location of Wireless Telecommunications Facilities on publicly-owned property, the City shall undertake an identification of publicly-owned properties that the City determines are suitable for use. The City shall regularly update such identification and make the results of such identification available to the public.
(1) Persons locating Wireless Telecommunications Facilities upon such identified publicly-owned properties shall be exempted from the requirements herein regarding presentation of proof that co-location of facilities on Towers or structures owned by other persons or in other locations is not available. However, persons locating Wireless Telecommunications Facilities on publicly-owned properties shall continue to be subject to the requirements contained in subsection (j)(3) below.
(2) In addition, persons locating Wireless Telecommunications Facilities on publicly-owned properties identified by the City to be suitable for such purposes shall be exempt from the requirement of subsections (e)(1) through (e) (3).
(3) No new Tower shall be constructed in the City unless such Tower is capable of accommodating at least one additional Wireless Telecommunications Facility owned by other persons.
(k) All providers utilizing Towers shall present a report to the Zoning Commission notifying them 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 180 days, a designated local official 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 Official and be instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the City will remove or will contract to have removed the facility and assess the owner/operator the costs.
(1) The City must provide the Tower owner three months notice and an opportunity to be heard before the Commission before initiating such action. After such action has been provided, the City shall have the authority to initiate proceedings to either acquire the Tower and any appurtenances attached thereto at the then fair market value, or in the alternative, order the demolition of the Tower and all appurtenances.
(2) The City shall provide the Tower owner with the right to a public hearing before the Commission, which public hearing shall follow the three month notice required in subsection (k) above. All interested parties shall be allowed an opportunity to be heard at the public hearing.
(3) After a public hearing is held pursuant to subsection (k)(2) above, the Commission may order the acquisition or demolition of the Tower. The City may require Licensee to pay for all expenses necessary to acquire or demolish the Tower.
(l) Any request to deviate from any of the requirements of this section shall require variance approval in conformance with the procedures set forth in Chapter 1129 of the City Code.
(m) Nothing in this section shall preclude the City from exercising any right or remedy it may have in law or equity to enforce the terms and conditions of this section.
(n) If any provision of this section or the application of any provision of this section to any person is, to any extent, held invalid or unenforceable by a tribunal of competent jurisdiction, the remainder of this section and the application of such provision to other persons or circumstances shall not be affected by such holding. In case of such event, this section and all of its remaining provisions shall, in all other respects, continue to be effective. In the event the law invalidating such section provision is subsequently repealed, rescinded, amended or is otherwise changed so that the provision which had previously been held invalid or unenforceable, no longer conflicts with the laws, rules or regulations then in effect, the previously invalid or unenforceable provision shall return to full force and effect.
(o) This section shall be in full force and effect from and after the date of its passage and approval and at the earliest date allowable by law.
(Ord. 84-97. Passed 10-13-97.)