1282.05 TOWER AND COMMERCIAL ANTENNA EXCEEDING 50 FEET IN HEIGHT.
   Before a permit may be issued for the construction, erection and placement of a wireless communication tower and/or antenna placed on a tower or tall structure, a site plan shall be submitted to the City Planning Commission along with a fee in the amount of fifty dollars ($50.00) for towers between 50 and 100 feet and one hundred dollars ($100.00) for towers 100 feet or higher plus any other fee provided under the Codified Ordinances for Planning Commission approval with the following specification requirements:
   (a)   Proposed location of the cellular or wireless communications tower, antenna and supporting structures, including gut wires, dimensions, heights, all materials for building and other structures shall be shown on the plan.
   (b)   Existing towers and tall structures that support telecommunication devices within the vicinity of the proposed facility:
      (1)   For tower and/or antenna proposed over 200 feet in height, shall include all existing towers and antennas in excess of 25 feet in height within 10,000 feet shall be shown.
      (2)   For tower and/or antenna proposed over 100 feet, but less than 200 feet in height, shall include all existing towers and antennas in excess of 25 feet in height within 8,000 feet shall be shown.
      (3)   For tower and/or antenna proposed less than 100 feet in height, all existing towers and antennas and tall structures in excess of 25 feet in height within 4,000 feet shall be shown.
   (c)   The following issues, among others, will be addressed by the applicant if collocating is not a consideration for the site:
      (1)   Existing tower located within the radius set forth in division (b) of this section from the site;
      (2)   Document why existing towers and facilities do meet the applicant's engineering requirements;
      (3)   Document why existing towers and facilities do not have the structural support necessary to place additional antenna and equipment;
      (4)   Document why the proposed equipment would cause radio frequency interference with other existing or planned equipment of the existing tower site or facility. Additionally, why existing or planned equipment on the tower or facility would cause interference with the applicant's planned equipment which cannot be reasonably prevented.
      (5)   The applicant shall demonstrate, using the latest technology evidence, that the antenna and/or tower must be located as proposed in order to satisfy a necessary function in the applicant's build out grid system;
      (6)   Document why the owners of the existing tower or facility are unwilling to entertain a collocation;
      (7)   Document why that existing tower or facility does not provide an acceptable location for the required coverage of the applicant's communications network; and
      (8)   Document that construction of an additional tower on the site will not resolve the above referenced issues.
   (d)   Collocation.
      (1)   Whenever feasible, the use of an existing tower or tall structure, owned either by the applicant or another entity shall be utilized. The applicant shall demonstrate that it has contracted and been denied permission to install its antennae on an existing tower or tall structure, owned by another entity in the radius specified in division (b) of this section.
      (2)   The construction of a new site and tower will be designed to accommodate at least three antenna and/or telecommunication devices unless the applicant can demonstrate that such design or need is not practicable.
      (3)   Proof by the applicant, in form satisfactory to the City Planning Commission, that the proposal has been approved by the Ohio Department of Transportation, Federal Aviation Administration and the Federal Communications Commission.
      (4)   The applicant shall demonstrate, using the latest technological evidence, that the antenna and/or tower must be located as proposed in order to satisfy a necessary function in the applicant's build out grid system.
      (5)   Security and screening plan.
      (6)   The City Planning Commission shall have 45 days from the date of application to review and render a decision to approve or disapprove the plan pursuant to this chapter and the City of Kenton's Codified Ordinances in accordance with this chapter. Should the City Planning Commission not render a decision, the plan shall be deemed approved.
(Ord. 04-026. Passed 11-8-04.)