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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.)
After issuance of a permit to construct a wireless telecommunications facility, the permittee shall begin construction within 180 days and shall complete construction within 360 days of the granting of the permit or the permit and approval shall expire. As a condition of the permit, the Planning Commission and City Council shall require the applicant and the site owner to certify that if construction is not commenced within 180 days or completed within 360 days, the site shall be available for another wireless telecommunications facility.
(Ord. 97-48. Passed 6-2-97.)
Notwithstanding Chapter 1154 of these Codified Ordinances, variances from the requirements of this chapter may be granted by the Planning Commission upon good cause shown by the applicant.
(Ord. 97-48. Passed 6-2-97.)
Whenever any person fails, neglects, or refuses to comply with any order of the Building Commissioner under the provisions of this chapter, or when any building or other structure is used or occupied so as to be in violation of or not in conformity with any provision of this chapter, the Building Commissioner may, in his or her discretion, institute an appropriate action at law or in equity to restrain the execution in violation of this chapter, to prevent the occupation or use of such building or other structure and to prevent or terminate any violation of this chapter.
The exercise of the rights and remedies granted in this chapter shall in no way preclude or limit the City from exercising any other right or remedy now or hereafter granted to it under the laws of Ohio or the ordinances of the City.
(Ord. 97-48. Passed 6-2-97.)
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