(A) Purpose.
(1) The purpose of this section is to:
(a) Accommodate the need for wireless telecommunications facilities while regulating their location and number in the village;
(b) Minimize adverse visual effects of wireless telecommunications facilities through careful design, siting and vegetative screening;
(c) Avoid potential damage to adjacent properties and injury to persons from wireless telecommunications facilities failure and falling ice and debris through engineering and careful siting of wireless telecommunications facilities; and
(d) Maximize the use of any new or existing wireless telecommunications facilities or other tall structure(s) so as to reduce the number of wireless telecommunications facilities needed in the future within the village.
(2) It is not the intent of this section to:
(a) To permit unreasonable discrimination among providers of functionally equivalent personal wireless services;
(b) To prohibit or have the effect of prohibiting the provision of such personal wireless services;
(c) To permit action on any request for the authorization to place, construct, or modify personal wireless services facilities other than within a reasonable period of time after the request is duly filed, taking into account the nature and scope of the request;
(d) To permit denial of an application to place, construct or modify personal wireless services facilities other than in writing and supported with substantial evidence contained in a written record; or
(e) To permit basing regulatory decisions of this nature on the environmental effects of radio frequency emissions to the extent that personal wireless services facilities comply with the regulations of the Federal Communications Commission (hereinafter “FCC”) concerning such emissions.
(3) The provisions of this section are subject to all applicable federal and state laws, rules, regulations, and orders.
(B) Application and interpretation. In interpreting the provisions of this section to determine the extent of the restriction upon the use of the property, the provision shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted, as permitting the wireless telecommunications facilities sites that are appropriate and yet compatible with surrounding land uses.
(C) Definition of terms. For the purposes of this section, the following words, terms and phrases shall have the meanings indicated herein:
ANTENNA. The exterior physical device designed to transmit and/or receive electromagnetic signals authorized by the FCC in furtherance of telecommunications. Antennae used by amateur radio operators are not telecommunications antennae for purposes of this section.
ANTENNA HEIGHT. The vertical distance measured from the base of an antenna support structure at grade to the highest point of the antenna support structure, including any antenna affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA SUPPORT STRUCTURE. Any pole, telescoping mast, monopole, tower, tripod or any other structure which supports or has attached to it an antenna or antennae.
CO-LOCATION. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.
LANDSITE. A tract or parcel of land that contains the wireless communications facility, tower, antenna and/or telecommunications equipment building.
TELECOMMUNICATIONS. The exchange of information through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
TELECOMMUNICATIONS EQUIPMENT BUILDING. An unmanned building, structure or casing that is used to house wireless telecommunications facilities such as reception, relay or transmission equipment.
TELECOMMUNICATIONS FACILITY. Any structure, tower, antenna, pole, node, wire, cable, line, wave guide, device, equipment, or any other physical object, and all appurtenances thereto, used to connect electrical or electromagnetic signals used in telecommunications, except as such facilities have been preempted from regulation by applicable law. Amateur radio operators’ equipment is not included within this definition.
TELECOMMUNICATIONS PROVIDER. Any person or entity engaged in the business of providing telecommunications services to consumers, or any governmental entity, such as a police, fire, or EMS service, that employs telecommunications facilities in its telecommunications network.
TELECOMMUNICATIONS TOWER. A free-standing structure that is designed primarily to support equipment used to transmit and/or receive telecommunications signals.
(D) Use, area, landscaping, fencing and height requirements.
(1) Height.
(a) A wireless telecommunications facility with an antenna that is attached to an existing telecommunications, wireless communications or personal communications services tower, smokestack, water tower or other similar tall structure, together with any antenna support structure, shall not exceed the height of the existing structure by more than 15 feet and shall require a zoning permit.
(b) A wireless telecommunications facility with antenna that is not mounted on an existing antenna support structure shall not have an antenna height or tower height in excess of the minimum height necessary to effectively provide the wireless communications service. In any event, a wireless telecommunications facility shall not be in excess of 180 feet tall, and shall require a zoning permit pursuant to the provisions of Chapters 150, 151 and 152 of the Zoning Code of the village.
(c) In the event that a wireless telecommunications facility is attached to a nonresidential building or structure in a residential district, the maximum antenna height shall be 20 feet above the existing building or structure.
(d) In the event that a wireless telecommunications facility is attached to a mid-rise or high- rise building located within a residential district, the maximum antenna height shall be 20 feet above the existing mid-rise of high-rise building.
(2) Setbacks. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing tall structure), the minimum distance between the base of the support structure (excluding any guy wire anchors) and any property line shall be the largest of the following:
(a) One hundred percent of antenna height.
(b) The minimum setback in the underlying zoning district.
(c) One hundred feet.
(3) Landscaping.
(a) Existing vegetation shall be preserved to the maximum extent possible.
(b) Landscaping shall be required to screen and buffer as much of the wireless telecommunications facility as possible, and the fence surrounding the wireless telecommunications facility, and any other ground-level features of the wireless telecommunications facility, from the abutting properties.
(c) Where the wireless telecommunications facility abuts residentially developed land, residential zoning districts, public land or streets, the wireless telecommunications facility perimeter shall be landscaped with at least one row of deciduous trees, not less than 3½ inches in diameter, spaced not more than 30 feet apart, on center, and within 40 feet of the wireless telecommunications facility boundary, as well as at least one row of evergreen trees or shrubs, at least 14 feet high when planted and spaced not more than 15 feet apart and within 25 feet of the wireless telecommunications facility boundary.
(4) Fencing. A security fence shall be required around the wireless communications facility, unless the antenna is mounted on an existing tall structure. The security fence shall be a minimum of eight feet in height; the type of fencing shall be made of solid wood or chain link or as otherwise approved by the Village Planning Commission. Any related fencing, screening or other barriers shall be located behind the applicable setback lines.
(5) Uses.
(a) All uses ancillary to the wireless telecommunications facility, including without limitation a business office, maintenance depot, vehicle storage garage, etc., are prohibited from the landsite, unless otherwise permitted in the zoning district in which the landsite is located.
(b) The wireless telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.
(c) No advertising is permitted anywhere on the facility, with the exception of identification signage of the telecommunications provider.
(6) Other applicable sections. Any provisions of the Village Zoning Code, especially Chapters 150, 151 and 152 which are not addressed hereunder, shall remain in effect and shall not be considered altered or modified by this section and shall apply to the proposed wireless telecommunications facilities and/or telecommunications equipment building.
(E) Standards for approval, additional design standards. Wireless telecommunications facilities are considered a conditional use in the Wireless Telecommunications Facilities Overlay District. The following standards of approval shall apply to all wireless telecommunications facilities:
(1) The applicant shall demonstrate, using accepted technological evidence, that the antenna and antenna support structure must be placed in the proposed location in order to satisfy its function in the applicant’s grid system.
(2) If the applicant proposes to build a tower (as opposed to mounting the antenna on an existing tall structure), it is required to demonstrate that it has contacted the owners of tall structures within the village, requested permission to install the antenna on those tall structures and was denied permission for reasons other than economic reasons. The term “tall structures” include smokestacks, water towers, antenna support structures of other telecommunication providers and other communications towers (police, fire, EMS, etc.). If the antenna can be physically and legally accommodated on an existing tall structure, the governing body may deny the conditional use application to construct a new tower.
(3) The applicant shall demonstrate that the antenna height is the minimum height required to function satisfactorily. No antenna height taller than this minimum height shall be approved, unless the applicant provides proof that another telecommunications provider, or other provider of wireless or personal communications services has already agreed to collocate on the applicant’s antenna support structure at a greater height than is required by the applicant.
(4) The applicant shall demonstrate that both the proposed antenna and its support structure are safe and the surrounding properties will not be adversely affected by antenna support structure failure, falling ice or other debris. All antenna support structures shall be fitted with anti-climbing devices, as approved by the manufacturers and the village.
(5) In order to reduce the number of antenna support structures needed in the village in the future, the proposed antenna support structure shall be required to accommodate, where possible, other users, including other telecommunications, wireless communication and personal communication service provider companies, and local police, fire and EMS service. Applicants shall provide evidence that all other authorized users have been contacted by the applicant with an offer of collocation on the applicant’s proposed antenna support structure.
(6) The applicant must demonstrate that it is licensed by the Federal Communications Commission to provide telecommunications, wireless communications and/or personal communications services.
(7) If the telecommunications or wireless communications facility is fully automated, adequate parking shall be required for maintenance workers.
(8) Antenna support structures shall, to the extent possible, be finished so as to reduce the visual impact. Support structures may be painted green up to the height of nearby trees and shall meet all Federal Aviation Administration regulations.
(9) A full site plan shall be required for all landsites, showing the antenna and antenna support structure, together with any buildings, fencing, buffering, and access as well as all other items as may be required in the pertinent sections of Chapters 150, 151 and 152 , for a land development application.
(10) Towers shall be designed and constructed to all applicable standards of the American National Standards Institute/Electronic Industry Association, ANSI/EID-222-F (Annex H: Commentary on Ice Design Criteria for Communications Structures) as may be amended from time to time.
(11) A soil report complying with the standards of ANSI/EIA-222-E (Annex I: Geotechnical Investigations for Towers) as amended, shall be submitted to the village to document and verify the design specifications of the foundation for the tower and anchors for the guy wires, if used.
(12) Towers and all antennae shall be designed to withstand wind gusts of at least 100 miles per hour and the applicant must provide written proof of this requirement to the Planning Commission prior to obtaining approval for said tower and antennae.
(13) An antenna may not be located on any existing building or structure within the village except those buildings or structures located within the Wireless Telecommunications Facilities Overlay Zoning District.
(14) No antenna or its support structure may be artificially lighted except when required by Federal Aviation Agency rules or regulations.
(F) Conditional use provisions. A wireless telecommunications facility shall be a conditionally permitted use and must be approved pursuant to § 152.086 of this chapter. In addition to the requirements of this chapter, a conditional use permit for a wireless telecommunications facility shall not be granted except upon compliance with the following:
(1) The applicant shall demonstrate that the tower for the wireless telecommunications facility is the minimum height necessary for the service area. The applicant shall also demonstrate that the facility must be located where it is to serve the company’s system.
(2) The applicant shall present documentation that the tower is designed in accordance with the standards cited in division (D)(10) above relative to telecommunications towers.
(3) The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.
(4) The need for additional buffer yard treatment shall be evaluated.
(5) Where the wireless telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that vehicular access is provided to the facility for maintenance of the telecommunications facility.
(6) The applicant shall demonstrate that the wireless telecommunications facility will not interfere with any public safety communications system, including but not limited to police, fire, EMS and other governmental telecommunications.
(7) The applicant shall submit the regular fee for an Application for Zoning Permit, plus the fee for a conditional use permit. In the event there is a building or other structure required to be built as part of an application for a wireless telecommunications facility, the regular square footage fee shall also be submitted in addition to the fee for the Application for Zoning Permit fee and the conditional use application fee.
(8) Upon approval, the applicant must post a bond and have comprehensive liability insurance as set forth below in division (F) below.
(G) Maintenance; abandonment.
(1) The wireless telecommunications facility shall be maintained and kept in good order and repair and in compliance with all applicable federal and state requirements and the ordinances of the village.
(2) The telecommunications provider shall agree to remove the proposed telecommunications facilities (and any associated site improvements such as access drives) within 180 days of discontinued use of or the failure to use them, and to return the entire site to its prior state, at the sole cost of the provider. Upon such discontinued use or failure to use, and if such telecommunications facilities are not removed as set forth above, it shall be conclusively presumed to be abandoned, and the permits to use them shall be terminated. At any time thereafter, the Council or its authorized designee, shall give written notice to the provider that it intends to remove such telecommunications facilities (and related site improvements) at the provider’s cost, no sooner than 90 days after receipt by the applicant of said notice. Within that 90 day period, the provider shall be given the opportunity to either reactivate, or activate such telecommunications facilities, remove them together with any and all site improvements, and to return the site to its prior state, or in the alternative, the provider shall show good cause why the telecommunications facilities (and related site improvements) should not be removed and the site returned to its prior state, at the provider’s cost.
(3) In order to cover Council’s costs of such removal upon the occurrence of such events, the provider shall post a bond or submit to escrow a cash deposit in an amount equal to $100 per vertical foot of any telecommunications tower or attachment, plus the sum of $100 per linear foot of any or all access drives to the property. This bond or cash deposit shall be submitted to the Clerk of Council and be made payable to the Village of Kelleys Island, Ohio, prior to the granting of any permit under this section. Furthermore, the provider shall insure that the bond remains in full force and effect, or the deposit shall remain in escrow, as the case may be, until such telecommunications facilities are removed in accordance with this legislation. Failure to keep the bond in effect or failure to keep funds in escrow will subject the provider to revocation of its conditional use permit upon notification and after 30 days to cure the deficiency. Furthermore, the provider shall indemnify and hold harmless the village, its officers, and employees from any and all claims, liabilities, costs and expenses incurred on account of or resulting from the construction, operation, maintenance, or removal or the proposed telecommunications facilities. The provider shall provide proof of insurance in the following types and amounts insuring the village: comprehensive general liability insurance with limits of not less than: $1,000,000 for bodily injury or death to each person; $1,000,000 for property damage resulting from any one incident; and $3,000,000 in the aggregate.
(H) Map. The Wireless Telecommunication Facilities Overlay District shall be delineated on a separate zoning map, which is adopted as part of this section and is attached to Ordinance No. 2001-O-15, passed May 10, 2001 and expressly incorporated by reference herein. Any amendments to the Wireless Telecommunications Facilities Overlay District will be considered an amendment to the zoning map of the village pursuant to § 152.019 of this chapter, and shall be considered on a parcel by parcel basis.
(Ord. 2001-O-15, passed 5-10-01)