(a) Use Regulations. Wireless telecommunications facilities are permitted under varying conditions dependent upon their form and the zoning district in which they are to be located. The following paragraphs set forth these conditions.
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 herein.
(1) Only monopole wireless communications towers and their associated supporting buildings shall be allowed in the City. All monopole wireless communications towers shall be designed to meet all necessary requirements without the use of guy wires and shall meet the further criteria set forth herein.
(2) 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 fifty 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 Architectural Board of Review or the Planning Commission. Applicants are required to provide visual impact demonstrations using photo-simulations or other visual graphic illustrations, such as field mock-ups, to determine potential visual impact. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunications facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed wireless telecommunications facility, tower, shelter and antenna.
(3) The location of the tower and equipment shelter shall comply with all natural resource protection standards established in the Zoning Code, including those for floodplains, wetlands and steep slopes.
(4) Security fencing eight feet in height shall surround the tower, equipment shelter and all related facilities, either completely or individually, as determined by the Architectural Board of Review or the Planning Commission. The Planning Commission may refer the plan to the Architectural Board of Review for any aesthetic considerations.
(5) A landscaped buffer area, as approved by the Architectural Board of Review or the Planning Commission, shall be placed between the wireless communications facilities and the public rights of way, residential zoning districts and any adjacent residential uses or other adjacent uses as determined necessary by the Architectural Board of Review or 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 necessary by the Architectural Board of Review or 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 Architectural Board of Review or the Planning Commission.
(6) 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 or letters as well as response or responses shall be presented to the Planning Commission as a means of demonstrating the need for a new tower. Failure of the other wireless service providers to respond to the written inquiries of the applicant as required herein may be considered by the Planning Commission as a reasonable inference that potential collocation opportunities are not available to the applicant.
(7) The applicant shall list on its permit application the technically suitable location of every tower, building or structure located within the City that could reasonably support the proposed antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure. If another communications tower is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower to co-locate the antenna on another tower within the City owned by the applicant on reciprocal terms and that the offer was not accepted.
(8) 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 Architectural Board of Review, if required by the Architectural Board of Review or the Planning Commission.
(9) 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.
(10) 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 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.
(11) No advertising is permitted anywhere on the facility, with the exception of identification signage and as provided in paragraph (a)(16) hereof.
(Ord. 1998-15. Passed 5-27-98.)
(12) All providers utilizing towers shall present a report to the Director of Buildings notifying him or her of any tower facility located in the Municipality whose use will be discontinued and the date such 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 Director of Buildings 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 Director of Buildings sent by regular U.S. mail to the last known address of the owner/operator on file with the City instructing the owner/operator to either reactivate the facility's use within 180 days from the date of the notice or to dismantle and remove the facility within 210 days from the date of the notice. 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. The Planning Commission shall require the owner/operator of the facility to post a cash or surety bond acceptable to the Director of Law of not less than two hundred fifty dollars ($250.00) per vertical foot from the natural grade of the wireless telecommunication tower to the highest point of the antenna, which bond shall ensure that an abandoned, obsolete or destroyed wireless telecommunications antenna or tower shall be removed as provided above.
(Ord. 1999-2. Passed 1-11-99.)
(13) Except as herein otherwise provided, no tower under 150 feet in height shall be artificially lighted except to ensure safety or as required by the FAA. Any tower between 150 and 200 feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter may be required by the Planning Commission and shall be as approved by the Planning Commission. Before making a determination on artificial lighting for any tower, the Planning Commission shall make reasonable inquiry of aircraft operators in this geographic area to determine whether or not the proposed tower will be in a flight path for their aircraft and, if so, what additional reasonable artificial lighting should be provided to promote safety for such aircraft. If the Planning Commission determines that such additional artificial lighting is reasonable and necessary to promote the safety of such aircraft, the Planning Commission shall require that it be installed on the tower.
(14) Towers and antennas shall be designed to withstand sustained winds of a least eighty-five miles per hour 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.
(15) An applicant shall further be required to construct or locate on a base the tower structure and the structure foundation, which base is designed to be buildable up to, but not including, the maximum permitted height for that structure. Such structure shall further be designed to have sufficient structural capacity to allow for at least four providers to be located on the structure when constructed to the maximum allowable height. The wireless communications facility shall also be designed to insure that the applicant has enough space on its site for an equipment building large enough to accommodate at least four providers. If the equipment building is initially constructed to accommodate only one user, space shall be reserved on-site for equipment building expansion to accommodate up to at least three additional providers. The maximum size of above-ground equipment buildings is 300 square feet for one provider and in no circumstance more than 750 square feet total.
(16) "No Trespassing" signs shall be posted around the facility with a telephone number stating who should be contacted in no event of an emergency.
(17) 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.
(18) A conditional use permit shall be approved by the Planning Commission and confirmed by Council with a subsequent building permit issued by the Director of Buildings for construction of new towers in permitted districts. Collocation of antennas on a single tower, antennas attached to existing structures or 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.
(19) Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be made in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission or Council.
(20) Underground equipment shelters are encouraged and may be requested by the Planning Commission.
(21) The applicant shall provide written certification from a registered engineer that the antenna and/or tower are to be constructed in compliance with all applicable Federal, State and local regulations pertaining to the construction.
(22) A proposed new tower in a nonresidential district shall not be located within 500 feet from any residential zoning district or from any residentially used property.
(23) There shall be a separation of at least one mile between new wireless communications towers. The Planning Commission may waive this requirement for towers associated with or within existing structures, such as electrical high-tension towers or towers located on City-owned property, by permission of Council.
(24) 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 nonresidential zone. Once the applicant has exhausted all possibilities in nonresidential zones, a wireless telecommunications antenna may be located in U-3-A Medium High-Rise Apartment House Districts, or U-3-B High-Rise Apartment House Districts, or on Municipal government-owned property.
(b) Location.
(1) Wireless telecommunications facilities, including, but not limited to, towers, proposed for the following zoning districts: U-4 Local Retail and Wholesale Districts, U-4-A Development Districts, U-4-B Planned Office and Restrictive Service Districts, U-7 Headquarters, or Executive Offices Park Districts, and U-8 Office, Engineering, Medical and Research Buildings Districts, or on Municipal government-owned property, are subject to the following conditions:
A. A wireless telecommunications facility is not permitted as a sole use on a lot without the owner/operator 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 nonconforming 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 nonconforming 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, may be constructed up to, but not including, 200 feet in height from the mean grade. 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 for one provider, and in no event more than 750 square feet.
(2) The installation of a wireless communications antenna, where the construction or erection of a tower is not proposed by the applicant, shall be permitted as an accessory use subject to the following conditions and shall be subject to the review of the Architectural Board of Review:
A. On existing buildings that are fifty-five feet or more above mean grade in U-3-A Medium High-Rise Apartment House Districts, U-3-B High-Rise Apartment House Districts, U-3-C Senior Citizens Apartments with Life Care Facilities Districts, U-4 Local Retail and Wholesale Districts, U-4-A Development Districts, U-7 Headquarters, or Executive Office Park Districts, U-8 Office, Engineering, Medical and Research Buildings Districts, or on Municipal government-owned property, or on existing structures, other than buildings (such as steeples, smokestacks, towers, etc.), provided that the antenna shall be obscured from view from neighboring properties or public rights of way;
B. The maximum height of the antenna shall be twenty feet or twenty percent of the building height above the existing mean grade, whichever is greater;
C. All telecommunications equipment shall be housed within the existing building, on the roof of the existing building or in a separate shelter, located on the same lot as the antenna. Applications for antennas with telecommunications equipment located within the existing building or on the roof of an existing building shall be reviewed by the Architectural Board of Review. Applications for antennas with telecommunications equipment located in a separate shelter not on or in the existing building shall be reviewed by the Planning Commission. 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:
1. The minimum setback requirement for the subject zoning district, but in any event not less than 200 feet from any right of way, whichever is greater.
2. A buffer yard may be planted in accordance with the landscape provisions contained herein.
3. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
4. The maximum size of the equipment shelter shall not exceed 300 square feet for one provider, and in no event more than 750 square feet.
(3) The installation of an antenna where the construction or erection of a tower is not proposed by the applicant may be permitted as a conditional accessory use upon approval by the Planning Commission through submission of an application to the Director of Buildings and the standards set forth in this chapter, where applicable, and under the following circumstances:
A. On an existing building or structure where three or more antennas have been installed, provided that the antenna shall otherwise comply with the requirements of this section; or
B. On an existing structure other than a building, where the proposed antenna would be installed so as not to be obscured from view from neighboring properties, public rights of way and other public areas, provided that the antenna otherwise complies with the remaining requirements of this section, and/or all electronic and relay equipment for the antenna is not housed within the existing structure or an existing building on the same lot.
To the extent the remaining standards of this chapter are applicable to the installation of a wireless telecommunications antenna on an existing building or structure, such standards shall govern the installation of such antenna.
(Ord. 1998-15. Passed 5-27-98.)