1478.01 Purpose and intent.
1478.02 Definitions.
1478.03 Exemptions.
1478.04 Areas permitting location with conditional use approval.
1478.05 Areas limiting location.
1478.06 Areas prohibiting location.
1478.07 Conditional use permits required.
1478.08 Conditional use permit review.
1478.09 Facilities no longer in use; removal; restoration of site.
1478.10 Nonconforming telecommunications towers and antennas.
1478.11 Revocation of conditional use permit; abandonment.
1478.12 Structural, design and environmental standards.
1478.13 Separation and setback requirements.
1478.14 Permitted activities.
1478.15 Separability.
1478.99 Penalty.
CROSS REFERENCES
Interrupting or repairing television, radio, telephone, telegraph or other mass communication service - see Ohio R.C. 2909.04
Telegraph and telephone companies - see Ohio R.C. Ch. 4931
Powers and restrictions of public utility services - see Ohio R.C. 4931.11
Telecommunications - see Ohio R.C. Ch. 4937
Threatening or harassing telecommunications - see GEN. OFF. 636.16
Community antenna television systems - see B.R. & T. Ch. 820
Satellite dish antennas - see P. & Z. 1252.02
The purpose and intent of this chapter are to provide a uniform and comprehensive set of standards for the development and installation of telecommunications and related facilities. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of the City of London as set forth within the goals, objectives and policies of the City of London Zoning Code, and to encourage managed development of telecommunications infrastructure, while at the same time not unduly restricting the development of needed telecommunications facilities.
It is intended that the City shall apply these regulations to accomplish the following:
(a) Minimize adverse visual effects of telecommunications towers, antennas and related facilities through design and siting standards.
(b) Maintain and ensure that a nondiscriminatory, competitive and broad range of telecommunications services and high quality telecommunications infrastructure consistent with the Federal Telecommunications Act of 1996 are provided to serve the community, as well as to serve as an important and effective part of the City of London's police, fire and emergency response network.
(c) Provide a process for obtaining necessary permits for telecommunications facilities while at the same time protecting the legitimate interests of the residents of the City of London.
(d) Protect environmentally sensitive areas of the City of London by regulating the location, design and operation of telecommunications facilities.
(e) Encourage the use of alternative support structures, the colocation of new antennas on existing telecommunications towers, camouflaged towers, monopoles, and the construction of towers with the ability to locate three or more providers.
This chapter is not intended to regulate residential satellite dishes or residential television antennas which are privately used.
(Ord. 242-98. Passed 1-7-99.)
As used in this chapter the following words and terms shall have the meanings respectively ascribed to them:
(a) Alternative Support Structure: Clock tower, steeples, silos, light poles, water towers, buildings or similar structures that may support telecommunications facilities.
(b) Antenna: Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.
(c) Antenna, Building Mounted: Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building.
(d) Antenna, Ground Mounted: Any antenna with its base placed directly on the ground.
(e) Antenna, Vertical: A vertical type of antenna without horizontal cross sections greater than one-half inch in diameter.
(f) Camouflaged Tower: Any telecommunications tower that, due to design or appearance, entirely hides, obscures, or conceals the presence of the tower and antennas.
(g) Falldown Radius: The designated area of a telecommunications facility surrounding a telecommunications tower, which, in the event of a structural failure of all or part of the telecommunications tower, would likely contain the failed or collapsed telecommunications tower. This area may also be called the collapse zone.
(h) Guyed Tower: A telecommunications tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself
(i) Height, Telecommunications Tower: The distance measured from the original grade at the base of the tower to the highest point of the tower. This measurement excludes any attached antennas, and lighting.
(j) Lattice Tower: A telecommunications tower that consists of vertical and horizontal supports and crossed metal braces.
(k) Monopole: A telecommunications tower of single-pole design.
(l) NIER: Non-ionizing electromagnetic radiation (i.e. electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).
(m) Nonconforming: Any pre-existing telecommunications facility that was in existence prior to the effective use of this chapter and that has not been issued a conditional use permit. This definition shall only apply to this specific chapter and shall not apply to the City of London Zoning Code.
(n) Operation: A use that is other than nominal use. When a facility is used regularly as an integral part of an active system of telecommunications it shall be deemed in operation.
(o) Platform: A support system that may be used to connect antennas and antenna arrays to telecommunications towers or alternative support systems.
(p) Public Service Use or Facility: A use operated or used by a public body or public utility in connection with any of the following services: water, wastewater management, public education, parks and recreation, police, fire and emergency response networks, solid waste management, or utilities.
(q) Satellite Dish: A device incorporating a reflective surface that is solid, open mesh, or bar configured, that is shallow dish, cone, horn, or cornucopia shaped and that is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVRO's and satellite microwave antennas.
(r) Telecommunications Equipment Building: The telecommunications support facility structure located on a tower site or within or on an alternative support structure which houses the electronic receiving and relay equipment.
(s) Telecommunications Facility: A facility, site, or location that contains one or more antennas, telecommunications towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment which is used for transmitting, receiving, or relaying telecommunications signals, excluding those facilities exempted under Section 1478.03.
(t) Telecommunications Facility, Colocated: A telecommunications facility comprised of a single telecommunications tower or building supporting multiple antennas, dishes, or similar devices owned or used by more than one public or private entity.
(u) Telecommunications Support Facility: The telecommunications support buildings and equipment cabinets located on a tower site or within an alternative support structure.
(v) Telecommunications Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including camouflaged towers, lattice towers, guy towers, or monopole towers. This includes radio and television transmission towers, microwave towers, and common-carrier towers. It shall include alternative support structures and those facilities exempted under Section 1478.03.
(w) Utility Pole Mounted Antenna: An antenna attached, without regard to mounting, to or upon an existing or replacement electric transmission or distribution pole, street light, traffic signal, athletic field light, utility support structure or other approved similar structure.
(Ord. 242-98. Passed 1-7-99.)
The following shall be permitted without City approval, provided that the primary use of the property is not a telecommunications facility and that the antenna use is accessory to the primary use of the property:
(a) The personal and non-commercial use of all television antennas and satellite dishes.
(b) All citizens band radio antennas operated by a Federally licensed amateur radio operator (ham radio).
(c) Mobile services providing public information coverage of news events of a temporary or emergency nature.
(Ord. 242-98. Passed 1-7-99.)
Except as otherwise provided in this chapter, telecommunications facilities may be permitted in all zoning districts, subject to conditional use review and approval by the City of London Planning Commission and in compliance with Sections 1478.06 and 1478.12 and all other applicable sections in this chapter.
(Ord. 242-98. Passed 1-7-99.)
Telecommunications facilities may be permitted as provided for in Section 1478.04. However, such facilities shall be subject to the review and approval of all appropriate local, State and Federal governmental entities. Telecommunications facilities shall not be permitted within:
(a) A one-half mile radius from heliports; or
(b) A one-half mile radius from private airport runways and public use airport runways.
(Ord. 242-98. Passed 1-7-99.)
Unless otherwise provided for within this chapter, no telecommunications facilities, except exempt facilities as defined in Section 1478.03, shall be permitted within:
(a) Historic sites and districts listed on the National Register of Historic Places;
(b) Natural areas and critical species habitats;
(c) Floodplains;
(d) Wetlands;
(e) Parks and open spaces identified in the City Park and Open Space Plan; or
(f) Zoning Districts R-1, R-2, R-3, R-4 and PUD (residential).
All maps identifying areas in which telecommunications facilities are prohibited are located within the Public Safety-Service Director's Office and are available for public review and inspection.
(Ord. 242-98. Passed 1-7-99.)
(a) Generally. Locating and constructing a telecommunications tower or a new alternative support structure, including the buildings or other supporting equipment used in connection with said tower, shall require a conditional use permit. The City of London Planning Commission may authorize the Public Safety-Service Director to issue a conditional use permit after review and a public hearing, provided that such conditional use is in accordance with the purpose and intent of this chapter.
(b) Application; Required Information. For all telecommunications facilities, except exempt facilities as defined in Section 1478.03, the Public Safety-Service Director shall require the following information to accompany every application. Said information shall include, but may not be limited to:
(1) A completed conditional use application and a fee of one thousand dollars ($1,000);
(2) The original signature of the applicant and owner (if the telecommunications facility is located in an easement, the beneficiaries of the easement and underlying property owner must authorize the application.);
(3) The identity of the carrier, provider, applicant, landowner and service provider and their legal status;
(4) The names, addresses and telephone numbers of the officer, agent and/or employee responsible for the accuracy of the application;
(5) A plat of survey showing the parcel boundaries, tower, facilities, location, access, landscaping and fencing;
(6) A written legal description of the site;
(7) In the case of a leased site, a lease agreement or binding lease memorandum which shows on its face that it does not preclude the tower owner from entering into a lease on the site with other provider(s), and the legal description and amount of property leased;
(8) A description of the telecommunications services that the applicant offers or provides to persons, firms, businesses or institutions;
(9) Federal Communications Commission (FCC) license numbers and registration numbers, if applicable;
(10) Copies of approvals from the Federal Aviation Administration(FAA);
(11) Copies of any Environmental Assessment (EA) reports on Form 600 or Form 854 submitted to the Federal Communications Commission (FCC), if applicable;
(12) Copies of a Finding of No Significant Impacts (FONSI) statement from the Federal Communications Commission (FCC), if applicable;
(13) An analysis prepared by the actual applicant or, on behalf of the applicant, by its designated technical representative, except for exempt facilities as defined in Section 1478.03, subject to the review and approval of the City of London Planning Commission, which identifies all reasonable, technically feasible, alternative locations and/or facilities which would provide the proposed telecommunications service. The intention of the alternative analysis is to present alternative strategies which would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the City. The analysis shall address the potential for colocation and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the decision making body making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The City may require independent verification of this analysis at the applicant's expense.
(14) NIER (non-ionizing electromagnetic radiation) exposure studies;
(15) Plans indicating security measures (i.e. access, fencing, lighting, fire prevention, etc.);
(16) A tabular and map inventory of all existing telecommunications facilities that are located within the City, any incorporated cities and villages within the County and any of the townships and the unincorporated areas within Madison County, Ohio. The inventory shall specify the location, height, type, and design of each existing telecommunications facility, the ability of the tower or antenna structure to accommodate additional colocation antennas, and, where applicable, the height of the alternative support structures.
(17) If the application is for more than one facility, a master plan for all related facilities within the City of London limits and within 1,500 feet of the City boundary;
(18) A report prepared by an engineer licensed by the State of Ohio certifying the structural design of the tower and its ability to accommodate additional antennas; and
(19) Such other information as the City of London Planning Commission may reasonably require.
(c) Colocation. All facilities shall make available unused space for the colocation of other telecommunications facilities, including space for those entities providing similar, competing services. Colocation is not required if the host can demonstrate that the addition of the new services or facilities would impair existing service or cause the host to go offline for a significant period of time. All colocated and multiple-user telecommunications facilities shall be designed to promote facility and site sharing. Telecommunications towers and all necessary appurtenances, including, but not limited to, parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.
(d) Technical Review. The City of London Planning Commission shall employ on behalf of the City an independent technical expert to review all materials submitted, including, but not limited to, those required under this section and in those cases where a technical demonstration of unavoidable need or availability of alternatives is required. The applicant shall pay all costs of said review, including any administrative costs incurred by the City of London Planning Commission. The payment to the City of London shall be due upon receipt of notice from the Public Safety-Service Director. All invoices, fees and charges accumulated for the technical review and administrative costs must be paid in full prior to the issuance of the conditional use permit.
(e) Changes in Information. Each telecommunications carrier and provider shall inform the City within sixty days of a change in the information regarding ownership of the telecommunications facilities or with regard to a change in the availability of colocation space.
(f) Fee. For each conditional use permit approved by the Planning Commission, the applicant shall submit a fee of one thousand, five hundred dollars ($1,500) before the conditional use permit will be issued.
(Ord. 242-98. Passed 1-7-99.)
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