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The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located. These general standards are to be supplemented with those specific regulations for the district in which the facility is located as set forth in this chapter.
(a) Only monopole wireless telecommunication towers and their associated supporting buildings shall be allowed in the City. All monopole wireless telecommunication towers shall be designed to meet all necessary requirements without the use of guy wires and shall meet the further criteria set forth herein.
(b) When the proposed wireless telecommunications facility is to include a tower, a plot plan at a scale of not less than one inch is equal to twenty feet shall be submitted. This plot plan shall indicate all building uses within 500 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan if required by the Planning Commission.
(c) The location of the tower and equipment shelter shall comply with all natural resource protection standards established in the Zoning Code, including those for floodplain, wetlands and steep slopes.
(d) Security fencing eight feet in height shall surround the tower, equipment shelter, and all related facilities, either completely or individually, as determined by the the Planning Commission. The Planning Commission may refer the plan to the Architectural Board of Review for any aesthetic considerations.
(e) A landscaped buffer area, as approved by the Planning Commission, shall be placed between the wireless telecommunication facilities and the public rights-of-way, residential zoning districts, and any adjacent residential uses or other adjacent uses as determined necessary by the Planning Commission. A landscape buffer shall consist of a minimum of the following: Existing on-site vegetation shall be preserved to the maximum extent practical. All towers shall be landscaped with at least two rows of evergreen trees or shrubs planted in a staggered pattern to provide maximum screening, such planting area to be a minimum of fifteen feet deep. Such trees shall be a minimum of six feet high when planted and spaced not more than ten feet apart. These trees and shrubs shall be planted in any configuration which will serve to better buffer the site as approved by the Planning Commission. The size of said hedges and trees are to be approved by the Planning Commission as it relates to each individual location. Additional landscaping may be required by the Planning Commission.
(f) Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire, to the satisfaction of the Planning Commission, about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within thirty days. The applicant's letter(s) as well as response(s) shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.
(g) Any application to locate an antenna on a building or structure that is listed on an historic register, or in a historic district shall be subject to review by the City's Architectural Board of Review if required by the Planning Commission.
(h) As a condition of issuing a permit to construct and operate a tower in the City, the owner/operator of the tower is required to allow collocation until said tower has reached full antenna capacity, but in no way fewer than three additional antennas for three additional providers. Agreement to this provision must be included in the lease by the landowner, if different from the owner/operator of the tower. Written documentation must be presented to the Planning Commission and Council evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this section as well as the requirements, regulations and standards established in this chapter. As an additional condition of issuing the permit to construct and operate the tower in the City, the owner/ operator of the tower is required to sign a statement that all disputes with future providers concerning collocation and the terms and conditions of collocation shall be submitted to commercial arbitration under a system selected by the parties, but if the parties are unable to agree, then under the auspices of the commercial arbitration provisions of the American Arbitration Association.
(i) The tower shall be a non-contrasting gray or similar color as approved by the Planning Commission to minimize its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA). The entire facility must be aesthetically and architecturally compatible with the environment, as reasonably determined by the Planning Commission. The use of residentially compatible exterior materials such as wood, brick or other approved material is required for associated equipment buildings, which shall be designed to architecturally match the exterior of residential structures within the neighborhood where the facility is constructed in a residential district as permitted herein. In no case shall industrial siding or concrete block exteriors be allowed for equipment shelters or accessory buildings. The tower itself must be of such design and treated with an architectural material so that it is camouflaged or blends in with surrounding uses so as to be visually compatible with the neighborhood.
(j) No advertising is permitted anywhere on the facility, with the exception of identification signage and as provided in subsection (n) hereof.
(k) All providers utilizing towers shall present a report to the Building Commissioner notifying him or her of any tower facility located in the Municipality whose use will be discontinued and the date the use will cease. Such notification shall be made at least thirty days prior to said date. If at any time the use of the facility is discontinued for 180 days, the Building Commissioner shall declare the facility abandoned. (This excludes any dormancy period between the construction and the initial use of the facility.) The facility's owner/operator will receive written notice from the Building Commissioner and 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 Municipality will remove or will contract to have the facility removed and assess the landowner or the operator the costs thereof. The Planning Commission shall require the owner/operator of the facility to post a performance bond in an amount determined by the Planning Commission to assure conformity with this requirement.
(Ord. 97-48. Passed 6-2-97.)
(l) 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. Security lighting around the equipment shelter may be required by the Planning Commission and shall be approved by the Planning Commission.
(Ord. 98-73. Passed 7-6-98.)
(m) Towers and antennas shall be designed to withstand sustained winds of at least eighty m.p.h. with one-half-inch of icing, or not less than that required by the ANSI/EIA or the Ohio Building Code, whichever is more restrictive.
(n) Towers shall be designed to support a minimum of four antennas.
(o) "No Trespassing" signs shall be posted around the facility with a telephone number of whom to contact in the event of an emergency.
(p) Applicants will provide evidence of legal access to the tower site, thereby maintaining this access regardless of other developments that may take place on the site.
(q) A conditional use permit shall be approved by the Planning Commission and confirmed by Council, with a subsequent building permit issued by the Building Commissioner for construction of new towers in permitted districts. Collocation of antennas on a single tower, antennas attached to existing structures/buildings, or replacement towers to be constructed on the site of a current tower are permitted uses as provided herein and shall be subject to the conditional use permitting process.
(r) Any decision to deny a request to place, construct, or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission or Council.
(s) Underground equipment shelters are encouraged and may be requested by the Planning Commission.
(t) The applicant shall provide written certification from a registered engineer that the antenna and/or tower is to be constructed in compliance with all applicable, Federal, State, and local regulations pertaining to such construction.
(u) A proposed new tower in a nonresidential district shall not be located within 300 feet from any residential zoning district or from any residentially used property.
(v) There shall be a separation of at least two miles between new wireless telecommunications towers. The Planning Commission may waive this requirement for wireless telecommunication towers associated with or within existing structures, such as electrical high-tension towers.
(Ord. 97-48. Passed 6-2-97.)
Wireless telecommunications facilities proposed for Office Building A, B, and C Districts and Community Business Districts are subject to the following conditions:
(a) A wireless telecommunications facility is not permitted as a sole use on a lot without obtaining a variance from the Board of Zoning Appeals after recommendation from the Planning Commission.
(b) A wireless telecommunications facility is permitted on a property with an existing use subject to the following conditions:
(1) The facility shall be located at least 200 feet from any right-of-way;
(2) The existing use on the property may be any permitted use in a district or any lawful non-conforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility will not be considered an addition to the structure or value of a non-conforming use.
(3) 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 in an emergency.)
(4) The minimum area shall be the area needed to accommodate the tower, the equipment shelter, the security fence and buffer planting.
(5) The minimum distance to any single-family or two-family residential use or district lot line shall be 300 feet in all directions, with a setback of at least 200 feet from any right-of-way.
(6) The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
(7) The tower, including antenna, shall not exceed 200 feet in height. The equipment shelter shall not exceed ten feet above grade in height.
(8) The maximum size of the equipment shelter shall be 300 square feet for a single shelter.
(c) Where possible, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:
(1) The maximum height shall be twenty feet or twenty percent of the building height above the existing building or structure, whichever is greater.
(2) If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:
A. The minimum setback requirement shall be that imposed for the subject zoning district, but in any event not less than 200 feet from any right of way, whichever is greater.
B. A buffer yard may be planted in accordance with the landscape provisions contained herein.
C. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
D. The maximum size of the equipment shelter shall not exceed 300 square feet.
(Ord. 97-48. Passed 6-2-97.)
Wireless telecommunications facilities, including, but not limited to, towers, are not permitted in a single-family, two acre, one acre, or 10,000 square foot district, or multi-family or residential PUD districts with the exception of placement on any property with an institutional use (e.g. church, park, library, municipal/governmental, hospital, school, utility or golf course) located in any of those districts. Antennas attached to any such existing buildings or structures are permitted. In applying for a permit in any residential district, the applicant must present substantial evidence as to why it is not technically feasible to locate in a more appropriate non-residential zone. Once those efforts have been exhausted to the satisfaction of the Planning Commission, a wireless telecommunications facility may be located in a residential district subject to the same conditions applicable to non-residential districts, as provided herein.
(Ord. 97-48. Passed 6-2-97.)
A wireless telecommunications facility which includes a tower may be permitted as a conditional use in specific zoning districts in the City as provided herein and in residential districts as provided herein. In order to be considered for review, the applicant must prove that a newly constructed tower is necessary in that opportunities for collocation on an existing tower are not feasible. The following steps must also be taken for the application to be considered for review in this category and such review shall be subject to the criteria stated herein and the following requirements:
(a) The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses as required and according to the minimum conditions stated herein.
(b) The applicant shall demonstrate that the telecommunications tower must be located where it is proposed in order to service the applicant's service area. There shall be a written explanation of why a tower on the proposed site is technically necessary.
(c) Where the 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 or entered into a lease for the proposed facility and that vehicular access is provided to the facility.
(d) Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within thirty days. The applicant's letter(s), as well as response(s), shall be presented to the Planning Commission as a means of demonstrating the need for a new tower. A report prepared by a licensed professional engineer shall be included with the submitted application and shall contain the height, design and proof of compliance with nationally accepted structural standards published by the American National Standards Institute/Electronic Industry Association Section 222-F, as amended, and the Ohio Basic Building Code, whichever is more restrictive.
(e) A soil report complying with the standards of ANSI/EIA 22-F (Annex I: Geotechnical Investigations for Towers), as amended, shall be submitted through the Building Department to document and verify the site specifications for the foundation and the tower.
(f) Wireless telecommunications towers and antennas shall be designed to withstand sustained winds of at least eighty m.p.h. with one-half-inch icing, or not less than that required by the ANSI/EIA or the Ohio Basic Building Code, whichever is more restrictive. The ANSI/EIA 22-F (Annex H: Commentary on Ice Design Criteria for Communications Structures) shall be consulted for ice load specifications.
(g) Elevations of existing and proposed structures showing the width, depth, and height of the telecommunications facility, as well as the specifications of the antenna and support structure, shall be presented.
(h) The applicant shall present documentation that the tower is designed in accordance with the standards established in the use regulations section of the wireless telecommunications facilities section of the Zoning Code.
(i) The applicant shall demonstrate that the proposed tower complies with all Federal Aviation Administration (FAA) regulations concerning safety.
(j) The applicant shall demonstrate that the proposed tower complies with all Federal Communications Commission (FCC) regulations addressing radio frequency emissions standards.
(k) When the proposed facility is to include a new tower, a plot plan, including all building uses within 500 feet, shall be required at a scale not less than one inch equal to twenty feet. Aerial photos and/or renderings may be required by the Planning Commission to augment the plot plan.
(l) All applicants shall be required to construct or locate on a base tower structure and structure foundation that is designed to be buildable up to 200 feet above the finished grade. Although the initial capacity may be for one antenna, the structure shall be designed to serve as a base for a reconstructed tower with the capacity for three other providers in addition to the applicant when constructed to the maximum allowable height.
(m) All provisions of the City Zoning Code applicable to conditional uses in general and requirements therefor shall apply hereto, and where there is a conflict with same between this chapter and the general provisions for conditional uses in the Zoning Code, the provisions of this chapter shall apply.
(Ord. 97-48. Passed 6-2-97.)
The Building Commissioner shall authorize the issuance of permits required by this chapter and shall collect the fees therefor in accordance with the following schedule:
(a) Application for a new wireless telecommunications tower and facility: $2,000.
(b) Application for a new wireless telecommunications antenna on a new structure: 500.00.
(c) Application for a new collocation wireless telecommunications antenna on an existing tower or building: 500.00.
(Ord. 97-48. Passed 6-2-97.)
The owner/applicant is required to provide an annual inspection of the facility/tower, which inspection is to be performed by a certified professional engineer. The purpose of such annual inspection is to determine that the structural integrity of the structure meets all applicable code provisions and the provisions of this chapter and further to determine whether or not any potential maintenance or upkeep is required. Such inspection shall be performed between April 1 and May 31 of each year and a written report of such inspection shall be submitted to the Building Commissioner no later than June 15 of each calendar year. Any and all maintenance or upkeep required to be made pursuant to said inspection report shall be made within sixty days of the date of such report.
(Ord. 97-48. Passed 6-2-97.)
The applicant shall be responsible for all expenses incurred by the City for any technical engineering services deemed necessary by the Building Commissioner, the Planning Commission, or City Council to perform the reviews required by this chapter. The applicant shall place on deposit the amount necessary, not less than two thousand, five hundred dollars ($2,500), for the City to obtain certification from a registered engineer that the proposal is in compliance with Federal, State and local regulations.
(Ord. 97-48. Passed 6-2-97.)
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