(A) Permitted or conditional use. Wireless telecommunications facilities are either permitted uses or conditional uses in a variety of zoning districts contingent upon a number of requirements being met. These criteria are in place in an attempt to minimize adverse health, safety, public welfare or visual impacts through buffering, siting, design and construction, and reduction of the need for new towers.
(B) Requirements of all wireless telecommunications facilities. 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 the specific regulations for nonresidential districts as set forth in § 154.139 and residential districts as set forth in § 154.140.
(1) Each applicant for an antenna and/or tower shall provide to the Village an inventory of its existing towers, antennas, or sites planned and/or approved for towers or antennas that are either within the jurisdiction of the Village or within two miles of the border thereof, including specific information about the location, height. and design of each tower. The Village may share such information with other applicants seeking to locate antennas within the jurisdiction of the Village, provided, however, that the Village is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(2) Towers and antennas shall meet the following requirements:
(a) Color and finish. Towers shall either maintain a non-contrasting gray or similar color or have a galvanized steel finish unless otherwise required by the Village or any applicable standards of the FAA, FCC or ODOT.
(b) Compatible design. At a tower site, the design of the buildings and related structures shall use materials, colors, textures and screening so as to be aesthetically and architecturally compatible with the surrounding environment, as approved by the Village.
(c) Antenna color. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color, as approved by the Village, that is identical to, or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(d) Fencing. Any fencing shall comply with the Village's Code and shall be subject to approval of the Village.
(e) Lighting. Towers and antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(f) State or federal requirement. All towers must meet or exceed current standards and regulations for the FAA, FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this subchapter shall bring such towers and antennas into compliance with such revised standards within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(g) Building codes/safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronics Industries Association, as amended from time to time. If, upon inspection, the Village concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance with said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(h) Non essential services. Towers and antennas shall be regulated and permitted pursuant to this subchapter and shall not be regulated or permitted as essential services, public utilities or private utilities.
(i) License to operate. Owners and operators of towers or antennas shall submit copies of all franchises, certifications, licenses and permits required by law for the design, construction, location and operation of wireless communications in the Village. Owners and/or operators shall be required to maintain same and to provide evidence of renewal or extension thereof when granted.
(j) Signs. No signs shall be allowed on an antenna or tower. A sign shall be posted on the surrounding fencing or equipment shelters indicating the emergency contact phone number for the tower owner/operator. Any identification signage shall be in accordance with the Village's sign code.
(k) Historic register/district. Any application to locate a wireless telecommunications facility on a building or structure that is listed on a historic register or is in a historic district shall be subject to an appropriate architectural review in addition to any other required review process.
(l) Underground equipment shelters. Underground equipment shelters will be required where appropriate screening of shelter cannot be accomplished.
(m) Accommodation. All towers shall be constructed or reconstructed to accommodate multiple users.
(n) Maximum height. No tower, including antenna, shall exceed 200 feet, as measured from the grade at the base of the tower.
(C) Permitted ancillary use. Any wireless telecommunications facilities which are not attached to a tower shall be a permitted ancillary use (permitted use) to any commercial, industrial, office, community facilities or institutional use, regardless of the zoning restrictions applicable to the zoning district where the structure is located and without having to obtain any prior authorization from the Village; provided that the person making such ancillary use files a written certification with the Village establishing the following:
(1) That the total height of the antenna support structure and wireless telecommunications facilities do not exceed the structural height limitations in the applicable zoning district by more than 15 feet;
(2) That the antenna support structure and wireless telecommunications facilities comply with the Ohio Basic Building Code;
(3) That any wireless telecommunications facilities and their appurtenances, located on the roof of a building, are set back one foot from the edge of the roof, not including for the penthouse, for each one foot in height of the wireless telecommunications facilities. However, this setback requirement shall not apply to antennas less than two inches in thickness, which are mounted to the sides of antenna support structures, but which do not protrude more than six inches from the side of such an antenna support structure.
(4) That the wireless telecommunications facilities will utilize camouflaging techniques or will be side-mounted to an antenna support structure in order that the wireless telecommunications facilities harmonize with the character and environment of the area in which they are located.
(Ord. 0-1711-99, passed 9-20-99)