(a) Applicants are encouraged to appear before the Architectural Board of Review or the Planning Commission for a consultation concerning proposed wireless communications antennas and tower sites, which consultation may be conducted by the Architectural Board of Review or the Planning Commission upon the applicant's submittal of a site plan with the general location, type of structure and height being reviewed, and surrounding uses.
(Ord. 1998-15. Passed 5-27-98.)
(b) A wireless communications antenna and/or tower shall not be constructed, erected or modified except upon the issuance of a permit by the Building Commissioner, after approval by the Planning Commission and Council, and after a public hearing, with advance notice of the hearing published in a newspaper of general circulation in the City and sent by certified mail to all abutting property owners to the parcel on which the antenna and/or tower is to be located. The Planning Commission shall require the owner/operator to post a cash or surety bond acceptable to the Director of Law of not less than two hudnred fifty dollars ($250.00) per vertical foot from the natural grade of the wireless telecommunications tower to the highest point of the antenna, which bond shall insure that an abandoned, obsolete or destroyed wireless communications antenna or tower shall be removed as provided above. Any decision to deny a request to place, construct or modify a wireless communications antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Architectural Board of Review or the Planning Commission.
(Ord. 1999-2. Passed 1-11-99.)
(c) With the permit application to the Architectural Board of Review or the Planning Commission, the applicant shall file a complete set of plans and specifications, as required by the Division of Building, Engineering and Inspection, a site plan showing the location of the tower and associated buildings and uses and structures on the same and adjacent parcels, and any other information, such as is set forth in this chapter, particularly as is set forth in Section 1372.03(a), deemed necessary by the Planning Commission for a review of the application as set forth in this chapter. The applicant shall also place on deposit the applicable fees as required by Section 1372.07 and the amount necessary for the City to obtain a certification from a registered engineer pursuant to Section 1372.05 and the amount necessary for the City to obtain a certification from an Ohio registered structural engineer that the proposal is in compliance with all Federal, State and local regulations. As part of the permit application, the applicant shall provide the City with the list of competitors, together with their addresses, so that the City may notify the competitors currently operating in the City of the application in an effort to encourage collocation.
(d) Approval by the Planning Commission of the granting of a permit shall become effective only following review and a public hearing by Council. The requirement of a public hearing before Council may be waived by Council if either the application is for collocation or antennas. A certified copy of a resolution of the Planning Commission granting such permit shall be filed forthwith by the Secretary of the Planning Commission with the Clerk of Council. If, within the thirty-day period next succeeding such filing, Council, by a majority vote, disapproves the Board's action in granting the permit, the permit shall be void and shall not be issued; otherwise, it, together with any additional conditions imposed by Council, becomes and is in full force and effect on the day next succeeding the thirty-day period. However, should Council approve the action of the Planning Commission within the thirty-day period, the permit becomes in full force and effect from the date of the approval. Any decision to deny a permit to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of Council.
(Ord. 1998-15. Passed 5-27-98.)