(a) Application. A wireless telecommunications facility which includes a tower may be permitted as a conditional use in specific zoning districts in the City as provided herein and in residential districts as provided herein. In order to be considered for review, the applicant must present substantial evidence that a newly constructed tower is necessary in that opportunities for collocation on an existing tower or antenna use on an existing building is not technologically feasible. Prior to any action by the Planning Commission, the permit application must be reviewed and approved by the Architectural Board of Review. In addition to any standard Architectural Board of Review submission requirements, the following steps must also be taken for the application to be considered for review in this category and such review shall be subject to the criteria stated herein and the following requirements:
(1) The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses as required and according to the minimum conditions stated herein.
(2) The applicant shall demonstrate that the telecommunications tower must be located where it is proposed in order to service the applicant's service area. There shall be a written explanation of why a tower at this proposed site is technically necessary.
(3) Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that vehicular access is provided to the facility.
(4) Any applicant requesting permission to install a new tower shall provide evidence of a written contract with all wireless service providers that supply service within a quarter mile of the proposed facility. The applicant shall inquire 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 any response or responses shall be presented to the Planning Commission as a means of demonstrating the need for a new tower. A report prepared by a licensed professional engineer shall be included with the submitted application and shall contain height and design information and proof of compliance with nationally accepted structural standards published by the American National Standards Institute/Electronic Industry Association, Section 222-F, as amended, and the Ohio Building Code, whichever is more restrictive.
(5) A soil report complying with the standards of ANSI/EIA 22-F (Annex I: Geotechnical Investigations for Towers), as amended, shall be submitted through the Division of Building, Engineering and Inspection to document and verify the site specifications for the foundation and the tower.
(6) Wireless telecommunications towers and antennas shall be designed to withstand sustained winds of at least eighty-five miles per hour, with one-half inch icing, or not less than that required by the ANSI/EIA, the Ohio Building Code or any other adopted code, whichever is more restrictive. The ANSI/EIA 22-F (Annex H: Commentary on Ice Design Criteria for Communications Structures) shall be consulted for ice load specifications.
(7) Elevations of existing and proposed structures showing the width, depth and height of the telecommunications facility, as well as the specifications of the antenna and support structure, shall be presented.
(8) The applicant shall present documentation that the tower is designed in accordance with the standards established in the use regulations section of the wireless telecommunications facilities section of the Zoning Code.
(9) The applicant shall demonstrate that the proposed tower complied with all FAA regulations concerning safety.
(10) The applicant shall demonstrate that the proposed tower complies with all FCC regulations addressing radio frequency emissions standards.
(11) When the proposed facility is to include a new tower, a plot plan, including all building uses within 500 feet, shall be required at a scale not less than one inch equals 100 feet. Aerial photos and/or renderings may be required by the Planning Commission to augment the plot plan.
(12) 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. Although the initial 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 other providers in addition to the applicant when constructed to the maximum allowable height.
(13) All provisions of the Zoning Code applicable to conditional uses in general, and the requirements therefor, shall apply hereto, and where there is a conflict with the same between this chapter and the general provisions for conditional uses in the Zoning Code, the provisions of this chapter shall prevail.
(b) Findings by Architectural Board of Review. Prior to approval of an installation, the Architectural Board of Review shall find as follows:
(1) There is no other location on the site for the proposed antenna support structure which would result in a less conspicuous or more aesthetically pleasing installation while still providing reasonable signal access.
(2) The antenna and its support structure are the smallest possible for the frequency used and optimally located to allow reasonable signal access.
(3) Apart from the tower or monopole structure, the facility appurtenances shall be aesthetically and architecturally compatible with the architecture of the surrounding environment.
(4) The color of the structure blends with the surrounding environmental characteristics.
(5) There is a landscape plan reasonably designed to enhance the aesthetic quality of the antenna or tower location and to adequately screen the site from the view of drivers and pedestrians on adjacent rights of way and adjacent properties.
(c) Findings by Planning Commission. Prior to approval of an installation, the Planning Commission shall find as follows:
(1) There is no other location on the site for the proposed antenna support structure which would result in a less conspicuous or more aesthetically pleasing installation while still providing reasonable signal access.
(2) The antenna and its support structure are the smallest possible for the frequency used and optimally located to allow reasonable signal access.
(3) Apart from the tower or monopole structure, the facility appurtenances are aesthetically and architecturally compatible with the architecture of the surrounding environment.
(4) The color of the structure blends with the surrounding environmental characteristics.
(5) There is a landscape plan reasonably designed to enhance the aesthetic quality of the tower location and to adequately screen the site from the view of drivers and pedestrians on adjacent rights of way and adjacent properties.
(Ord. 1998-15. Passed 5-27-98.)