929.03 REQUIREMENTS.
All applications for Wireless Communications Towers and Antennas must be approved by the Planning and Zoning Commission, which will require each applicant to demonstrate compliance with the following standards in deciding whether to approve an application for a tower and/or antenna:
(a) All Applicants must first demonstrate that they have used their best efforts to obtain technically suitable space on existing towers, buildings or structures as follows:
(1) The applicant shall list on its permit application the location of every tower, building or structure that could reasonably support the proposed antenna.
(2) The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure.
(3) Where another communication tower is deemed technically suitable, the applicant must demonstrate that it has requested co-location but was turned down by the owner. In this instance, the applicant must further demonstrate that it offered the denying owner an opportunity to co-locate on another existing or proposed tower owned by the applicant on terms that are reciprocal and reasonable.
(b) When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale of not less than one inch is equal to 100 feet shall be submitted. This plot plan shall indicate all building uses within 500 feet of the proposed facility.
(c) Poles, towers, equipment structures, and antenna placement shall meet the minimum setback requirements as set forth in the Codified Ordinances for the use district in which the antenna and/or tower is proposed to be located, and all lot requirements for the use district.
(d) The location of the tower and equipment shelter shall comply with all natural resources protection standards established in the Zoning Code, including those for floodplain, wetlands and steep slopes.
(e) Screen fencing shall be provided for aesthetic and public safety reasons. A fence at least eight feet in height will be erected completely around the communication tower and any related support facilities. The type of fencing shall be determined by the Planning and Zoning Commission.
(f) A landscape buffer area of not less than ten feet in depth shall be placed between the wireless communication facilities and the public rights-of-way, residential and R & R use districts, and any adjacent residential uses. The landscape buffer area shall:
(1) Be approved by the Planning and Zoning Commission upon the recommendation of the Landscape Architect.
(2) Shall consist of a sufficiently covered natural screen of hardy evergreen shrubbery not less than six feet in height.
(3) The landscaping shall be continuously maintained and promptly restored, if necessary.
(4) Existing vegetation shall be preserved to the maximum extent possible.
(g) Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited.
(h) Except as required by law, an antenna or a tower shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by FAA regulations, white strobe lights shall not be permitted at night unless no other alternative is permitted by the FAA. Lighting for security purposes shall be permitted at the wireless telecommunication facility with a prior approval of both the Architectural Review Committee and the Planning and Zoning Commission.
(i) No advertising or any other form of signage shall be permitted on the wireless telecommunication facility, however, "No Trespassing" signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency.
(j) 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 the Federal Aviation Administration (FAA). If possible, applicants shall first attempt to camouflage the towers as trees, including epozy-resin "bark" to conceal antennas inside branches.
(k) Notwithstanding subsection (h) above, all towers above 100 feet shall be artificially lighted. In addition, all FAA regulations addressing safety marking and obstruction lighting shall be followed when necessary. There shall be a separation of at least one-half mile between wireless communications towers.
(l) A permanent easement to the tower site must be provided thereby maintaining access regardless of other developments that may take place on the site.
(m) A proposed new tower shall not be located within 1000 feet from any residential or R & R zoning district.
(n) All providers utilizing towers shall present a report to the Building Commissioner 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 a written notice from the Building Commissioner and instructed to either reactivate the facility's use within 90 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the municipality will remove or will contract to have removed the facility and assess the owner/operator the costs.
(o) Applicants will provide evidence that both the FAA and the Cuyahoga County Municipal Airport have approved the proposed height and location of the tower, especially in regard to its location in relation to the airport and to any current and proposed runways and airplane approaches to the airport.
(p) All applicants must offer usage of the tower by the municipal police and fire departments, provided such usage does not interfere with or deny the owner optimum usage of the tower. Said usage by the municipality shall be at no cost to the municipality other than construction and maintenance of the equipment. (Ord. 19-1988. Passed 7-28-98.)