Cellular and wireless telecommunications shall be regulated as follows:
A. Definitions
As used in this chapter:
1. "Collocating" means to affix antennas of different providers or wireless communications services on the same wireless communications tower.
2. "Lattice" means a framework or structure of crossed metal strips typically resting on three members constructed vertically and to which antennas are affixed.
3. "Monopole" means a single, slender and typically cylindrical vertical structure to which antennas are affixed.
4. "Open space" means land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped.
5. "Telecommunication" means technology permitting the passage of information from the sender to one or more receivers in a usable form by means of any electromagnetic system.
6. "Wireless telecommunications antenna" means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC), excluding amateur radio operators' antennas.
7. "Wireless telecommunications equipment building" means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
8. "Wireless telecommunications facility" means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
9. "Wireless telecommunications tower" means a tower, including, but not limited to, a self-supporting lattice, guyed or monopole, which elevates the wireless telecommunications antenna and may include accessory transmission and receiving equipment.
B. Location
1. A new wireless telecommunications tower may be located in a nonresidential zoning district. Such tower shall be subject to the regulations set forth in this section and the regulations of the particular zoning district in which the wireless telecommunications antenna and/or wireless telecommunications tower is proposed to be located, but only to the extent that such zoning regulations do not conflict with the regulations set forth in this section.
2. A wireless telecommunications antenna may be located in a residential zoning district so long as it is not associated with a wireless telecommunications tower and is part of an existing structure. Such antenna shall be subject to the regulations of this section and of the zoning district in which the wireless telecommunications antenna will be located, but only to the extent such zoning regulations do not conflict with the regulations set forth in this section.
3. Neither a wireless telecommunications tower nor a wireless telecommunications antenna associated with a wireless telecommunications tower shall be located within 1,000 feet of any residential zoning district or residential use.
4. There shall be a separation of at least one quarter mile (1,320 feet) between wireless telecommunications towers.
5. Wireless telecommunications antennas and/or wireless telecommunications towers located on City-owned property may be located in any zoning district.
C. Applications for Preliminary Site Approval and Conditional Use Permit
1. Applicants shall submit ten (10) sets of the following documents to the Building Commissioner, who shall place the applicant's request on the Planning Colillnission's agenda for preliminary approval of the proposed wireless telecommunications antenna and wireless telecommunications tower site:
a. A list of the location of every wireless telecommunications tower, building or structure within the selected search area, including adjacent communities that could support the proposed wireless telecommunications antenna so as to allow it to serve its intended function.
b. Evidence that a technically suitable location is not reasonably available on an existing wireless telecommunications tower, building or structure within the selected search area, including adjacent communities if the proposed site is a new site.
c. Documentation that a reasonable offer has been made to the owners of all other wireless telecommunications towers located within the search area of the wireless carrier within the selected search area, including adjacent communities, to collocate a wireless telecommunications antenna in their wireless telecommunications towers and that such reasonable offers have been rejected or said wireless telecommunications towers are not available if the proposed site is a new site.
2. The Planning Commission shall review the submitted documents and shall approve a location or request that the applicant submit additional locations and return to the Planning Commission as many times as is necessary to approve a location that meets the intent of this Section.
3. After the Planning Commission has given preliminary site approval, the applicant shall submit ten (10) sets of documents that fully comply with the provisions of this Section, as well as any other information deemed necessary by the Planning Commission, to the Building Commissioner, who shall place the applicant's request on the Planning Commission's agenda for consideration of a conditional use permit for the proposed wireless telecommunications antenna and wireless telecommunications tower facility.
D. Professional Review
Prior to applying for a conditional use permit, the applicant shall submit a nonrefundable fee to the Building Commissioner in the amount of one thousand dollars ($1,000) to cover costs for a registered professional to review the project for compliance with all Federal, State and local regulations as deemed necessary by the Planning Commission.
E. Types of Construction Authorized
Only the following types of wireless telecommunications antennas and/or wireless telecommunications tower installations may be permitted under this Section:
1. Wireless telecommunications antennas attached to a permitted institutional, recreational, public utility, office, industrial or commercial building or structure, provided that the wireless telecommunications antenna does not exceed twenty (20) feet above the highest point of the structure and that the transmission and receiving equipment is stored inside the existing building or structure or on the roof in an enclosure.
2. Wireless telecommunications monopole or lattice wireless telecommunications towers not greater than 200 feet in height from grade, unless a lesser height is technically feasible to service the geographical service area of the applicant as well as the collocating of additional wireless telecommunications antennas and provided that the transmission and receiving equipment is stored inside a building constructed for the purpose. Regardless of the technical feasibility of a lower height, all applicants shall be required to install a base which shall support a wireless telecommunications tower not greater than 200 feet in height so as to accommodate future collocation users.
F. Standards
The following standards shall apply to all wireless telecommunications facilities and wireless telecommunications equipment buildings not previously approved by the Planning Commission and Council independent of the zoning district in which they will be or are to be located. These general standards shall be considered by the Planning Commission, and the applicant shall demonstrate compliance with such standards, in determining whether or not a conditional use permit for a wireless telecommunications antenna and/or wireless telecommunications tower shall be issued:
1. A plot plan or aerial photographs that include all existing buildings and structures within 500 feet shall be required at a scale of not less than one inch equals 100 feet. A plot plan of the subject lot, premises, parcel of land and buildings, showing, among other things, the exact location of the proposed wireless telecommunications antenna and its support structures and the exact location and dimensions of the proposed wireless telecommunications equipment building(s), fence(s) and landscaping, shall also be required.
2. The location of the wireless telecommunications tower and wireless telecommunications equipment building shall comply with Chapter 1224.
3. Documentation shall be required showing that the height of the proposed wireless telecommunications tower is the minimum necessary for operation and the collocating of additional wireless telecommunications antennas.
4. Poles, wireless telecoiiununications towers, wireless telecommunications equipment structures and wireless telecommunications antennas placement shall meet the minimum yard setback requirements as set forth in this Zoning Code for the zoning district in which the wireless telecommunications antenna and/or wireless telecommunications tower is proposed to be located. However, the minimum distance between the wireless telecommunications tower and structures on adjacent parcels, other than fences, shall be 200 feet. This standard shall not apply to City-owned property.
5. Screen fencing shall be provided for aesthetic and public safety reasons. A fence eight (8) feet in height shall completely surround the wireless telecommunications tower and any related support facilities. Barbed and razor wire fencing is prohibited unless specifically approved by the Planning Commission.
6. Buffer plantings shall be located around the perimeter of the fence as follows:
a. A landscaped buffer area of not less than ten (10) feet in depth shall be placed between the structure or structures and the public rights-of-way, residential zoning districts and any adjacent residential uses.
b. The ten-foot (10) landscape buffer shall consist of a tight fence of hardy evergreen shrubbery not less than six (6) feet in height, three (3) feet on center maximum, at the time of planting.
c. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
7. The applicant shall agree that a report prepared by a registered Ohio design professional shall be included with the building permit application and shall contain the height design, proof of compliance with structural standards as set forth in the Ohio Basic Building Code (OBBC) and a description of the wireless telecommunications tower's capacity, including the number and types of wireless telecommunications antennas it can accommodate.
8. The applicant shall agree that a soil report prepared by a registered Ohio design professional shall be included with the building permit application and shall describe the soil in the ultimate load-bearing strata, including sufficient data to establish its character, nature and load-bearing capacity as it relates to the proposed wireless telecommunications facility.
9. The outdoor storage of any supplies, vehicles or equipment related to the use of the wireless telecommunications facility is prohibited.
10. Wireless telecommunications towers and wireless telecommunications antennas shall not be artificially lighted except to assure safety or as required by the Federal Aviation Administration (FAA) or the Planning Commission.
11. The wireless telecommunications tower shall be painted a noncontrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
12. Equipment for wireless telecommunications facilities shall be housed in equipment cabinets or brick-faced buildings. Elevation drawings shall be submitted illustrating the placement, heights, color and materials of the wireless telecommunications equipment cabinets or brick-faced buildings, the wireless telecommunications antenna and its support structure. Apart from the wireless telecommunications tower or monopole structure, the wireless telecommunications facility appurtenances shall be aesthetically compatible with the architecture of the surrounding environment.
13. Driveways, walks and parking areas shall be paved in accordance with City requirements. All other areas shall be landscaped and kept maintained in accordance with the BOCA National Property Maintenance Code and any plans approved by the Planning Commission.
14. Warning signs of a maximum four (4) square feet shall be posted around the wireless telecommunications facility with an emergency telephone number of whom to contact in the event of an emergency.
15. The wireless telecommunications facility owner/operator shall present a maintenance plan in which such owner/operator shall be responsible for compliance with the City's Property Maintenance Code.
16. A permanent easement or evidence of legal access to the wireless telecommunications tower site shall be provided, thereby maintaining access regardless of other developments that may take place on the site.
17. No advertising shall be permitted anywhere on the wireless telecommunications facility.
18. 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 such use will cease. If at any time the use of the facility is discontinued for 180 days, the Building Commissioner may declare the facility abandoned. The facility's owner/operator will receive written notice from the Building Commissioner and be 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 removed the facility and assess the owner/operator the costs.
G. Reimbursement of Expenses Incurred by City
The applicant shall be responsible for all expenses incurred by the City in excess of one thousand dollars ($1,000) for any professional services deemed necessary by the Building Commissioner, the Planning Commission, the City Engineer or City Council.
(Ord. 2000-128. Passed 12-6-00; Ord. 2002-017. Passed 3-20-02.)