In a Manufacturing District, the following uses shall be classified as a conditionally permitted use and may be permitted by the Board of Zoning Appeals, subject to the requirements of §§ 154.270 et seq. and the following conditions.
(A) Wireless telecommunications facility.
(1) Information required. The following information is required to be submitted with all applications for a conditional use permit to construct a wireless telecommunications tower. The latest edition of the Ohio Building Code referencing wind load requirements applies.
(a) 1. When a proposed wireless telecommunications facility is to include a new tower, a site plan at a scale of not less than one inch is equal to 100 feet shall be submitted to the Board.
2. This site plan shall indicated all properties and building uses within 300 feet of the proposed facility.
3. Aerial photos and/or renderings may augment the site plan.
(b) A landscape plan shall be submitted indicating how the wireless telecommunications facility will be screened from adjoining uses.
(c) 1. 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.
2. The applicant shall inquire about potential collocation opportunities at all technically feasible locations.
3. The contacted providers shall be requested to respond in writing within 30 days.
4. The applicant's letter(s) as well as response(s) shall be presented to the Board as a means of demonstrating the need for a new tower and to establish proof that a newly constructed tower is necessary since collocation on an existing tower is not feasible.
5. In addition, the applicant will be required to submit a statement of need demonstrating why the proposed facility must be located where it is proposed in order to serve the applicant's service area.
6. This statement must clearly explain why other nearby structures cannot be used to support the proposed antenna and why a tower and the proposed site is technically necessary.
(d) Applicants shall provide evidence of legal access to the tower site thereby maintaining this access regardless of other development that may take place on the site.
(e) A soil report complying with the latest edition of the standards of American National Institute (ANSI)/ Electronic Industry Association (EIA) section 222, as amended (Annex I: Geotechnical Investigations for Towers), shall be submitted to the Board with the application to document and verify the design specifications of the foundation of the tower, and anchors for guy wires, if used.
(f) The applicant shall submit to the Board with the application, a report prepared by a professional engineer licensed in the State of Ohio containing proof of the facility’s compliance with nationally accepted structural standards published by the ANSI/EIA section 222, as amended, and a description of the proposed tower’s capacity, including the number of antennas it can accommodate.
(g) Elevations of existing and proposed structures showing width, depth, and height of the wireless telecommunications facility as well as the specifications of the antenna and support structure shall be submitted.
(h) The applicant shall demonstrate that the proposed tower complies with all Federal Communications Commission (FCC) regulations addressing radio frequency and electromagnetic emissions standards.
(i) The applicant shall demonstrate that the proposed tower complies with all Federal Aviation Administration (FAA) regulations concerning safety.
(j) The applicant shall submit a statement of compliance confirming that the proposed facility complies with all federal and state laws and regulations concerning aviation safety.
(k) The applicant shall submit a maintenance plan confirming that the applicant will be responsible for maintaining the facility, and explaining how the facility will be maintained in the future.
(l) Any other information which, in the judgement of the Board, may be necessary to provide for the enforcement of this Zoning Chapter.
(2) General requirements. The following general requirements shall apply to all wireless telecommunications facilities. The latest edition of the Ohio Building Code referencing ice load requirements applies.
(a) Security fencing, a minimum of eight feet in height, shall surround the tower, equipment shelter or other support facilities, and any guy wires, either completely or individually as determined by the Board.
(b) The following buffer plantings around the perimeter of the security fence shall be planted as a minimum as deemed appropriate by the Board:
1. An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted five feet on center maximum.
2. The applicant shall be responsible for maintaining the approved plantings.
(c) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(d) 1. Towers shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the FCC or FAA.
2. If the security fence mentioned in division (2)(a) above is a wire mesh fence, it shall be painted the same color as the tower.
(e) No advertising shall be affixed to the tower or permitted on the equipment shelter or any support facility, security fence or any other element of the facility.
(f) 1. If at any time the use of the facility is discontinued for a period of 180 days, the applicant shall have an additional 90 days to either reactivate the facility or dismantle and remove the facility.
2. In the event that the facility is deactivated or abandoned, the applicant shall provide notification by certified mail to the Zoning Inspector of such event as soon as possible, but in no event later than seven days following such deactivation or abandonment.
(g) 1. No tower of a height 150 feet or less shall be artificially lighted except as required by the FAA.
2. Any tower greater than 150 feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA.
3. Security lighting around the equipment shelter or support facilities is required if the lighting is directed inward towards the facility.
(h) "No Trespassing" or other similar warning signs shall be posted around the facility with an emergency telephone number indicating the person(s) or authority to contact in the event of an emergency situation.
(i) Underground equipment shelters or support facilities are encouraged, and may be required by the Board.
(j) Facilities shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance, except during construction or an emergency situation.
(k) Wireless telecommunications towers and antennae shall be designed to withstand sustained winds of at least 100 mph.
(l) The ANSI/EIA section 222, as amended (Annex H: Commentary on Ice Design for Communications Structures) shall be consulted for ice load specifications.
(m) 1. The applicant must agree to permit other wireless telecommunications service providers to collocate onto the proposed facility whenever possible on reasonable economic terms consistent with the actual capital and operating expenses of the facility, and with the construction and ongoing operation of the tower.
2. The applicant shall provide documentation on this subject upon the request of the Board.
(n) 1. 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.
2. Although the initial application and 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 providers when constructed to the maximum allowable height.
(o) There shall be no handholds/footholds on the tower closer than 40 feet to the ground.
(p) In granting a conditional use permit, the Board may stipulate the manner in which the conditional use shall be carried out or may require other improvements and safeguards as conditions as it deems necessary for the protection of the health, safety and welfare of the owner, and occupants of surrounding lots or the public.
(3) Sole use on a lot. Wireless telecommunications facilities may be located as the sole use of a lot if approved as a conditional use subject to the following requirements:
(a) Minimum lot size. The minimum lot size shall be that of the Manufacturing District (§ 154.148).
(b) Minimum yard requirements.
1. Towers shall not be located closer than 300 feet to any residentially used or zoned property.
2. Equipment shelters or support facilities shall meet the minimum setback requirements of the Manufacturing District (§ 154.148).
(c) Maximum height.
1. No tower, including the antenna, shall exceed 200 feet in height.
2. All equipment shelters or support facilities shall not exceed 20 feet in height.
(d) Maximum size of equipment shelter. No single shelter or support facility shall exceed 300 square feet in size, or if there is more than one, 750 square feet in aggregate size.
(4) Combined with another use. A wireless communications facility may be located on a property as a conditional use with an existing use subject to the following conditions.
(a) Existing uses.
1. The existing use(s) on the property may be any permitted use in the district, an approved conditional use, or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider.
2. The wireless telecommunications facility shall not be considered an addition to the structure or value of a nonconforming use.
(b) Minimum lot area. The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment shelter or supporting facilities, security fencing and buffer plantings.
(c) Minimum yard requirements.
1. Towers shall not be located closer than 300 feet to any residentially used or zoned property.
2. The equipment shelter or support facility shall meet the minimum setback requirements of the Manufacturing District (§ 154.148).
(d) Access.
1. Service access to the facility shall, whenever feasible, be provided along the circulation driveways of the existing use.
2. The applicant shall provide documentation that the owner of the property has granted an easement or entered into a lease for the property facility and that vehicular access is provided to the facility.
3. Vehicular access to the facility shall not interfere with parking requirements or vehicular circulation on the site for the principal use.
(e) Maximum height.
1. No tower, including the antenna, shall exceed 200 feet in height.
2. All equipment shelters or support facilities shall not exceed 20 feet in height.
(f) Maximum size of equipment shelter. No single equipment shelter or support facility shall exceed 300 square feet in size, or if there is more than one, 750 square feet in aggregate size.
(5) Combined with an existing structure. An antenna for a wireless communications facility may be attached to an existing structure or building subject to the following conditions.
(a) Maximum height. Twenty feet or 20% of the building or structure height above the existing building or structure, whichever is greater.
(b) Locating telecommunications equipment in a separate shelter or support facility. If the applicant proposes to locate the telecommunications equipment in a separate shelter or support facility (not located on, or attached to, the building or structure), the shelter or support facility shall comply with the following:
1. The minimum setback requirements of the Manufacturing District (§ 154.148);
2. Landscaping shall be planted in accordance with division (2) above;
3. Vehicular access to the shelter or facility shall not interfere with the parking or vehicular circulation on the site for the principle use.
4. The maximum size of a single shelter or facility shall not exceed 300 square feet, or if there is more than one, 750 square feet in aggregate size.
5. The maximum height of a shelter or facility shall not exceed 20 feet.
(6) Exemption.
(a) Wireless telecommunications facilities may be located, with Village Council approval, on any municipal owned land, buildings or structures.
(b) Wireless telecommunications towers located on municipal owned land, buildings or structures are exempt from the requirements of this section.
(B) Adult entertainment business. In order to obtain a permit under this section, all requirements of Chapter 154 must be met, as well as the requirements set forth in Chapter 112, the Adult Entertainment Ordinance.
(Ord. passed - - ; Am. Ord. 19, 2008, passed 1-22-2009; Am. Ord. 7, 2011, passed 6-23-2011) Penalty, see § 154.999