(A) Purpose. The purpose of this section is to provide for sensible and reasonable land use standards to allow for the provision of adequate and reliable public and private communication service; to maximize the use of any communication transmission towers in order to reduce the total number of towers needed to serve the communications needs of the area; and whereas; to minimize the adverse, undesirable visual effects of such communication towers; and to provide for the reasonable location of such towers in the village.
(B) Prohibited; R-l, R-2, R-3, R-4, Ml, M-2, and M-3. With the exception of HAM radio antenna, television antenna, and satellite dish, all other communication facilities are restricted from residential zoning districts. Television antennas and HAM radio antenna must be in the side and rear yard with a property line setback equal to one-half the height of the antenna. The maximum height of HAM radio antenna and television antenna is 40 feet.
(C) Setbacks; O-1, C-1, C-2, C-3, I-1, I-2.
(1) Property lines. All communication structures shall be set back from any property line a distance equal to at least 80% of the height of the tower; and
(2) Residential structures. A communication tower may not be placed closer than 500 feet to any residential structure.
(D) Required front yard prohibition. Communication structures are generally not permitted in required front yards, except where evidence provided by the petitioner demonstrates that placement in a required front yard would provide the best camouflage for the tower.
(E) Minimum number of co-location sites. Minimum number of additional antenna sites to be provided on an 80-foot tower is two.
(F) Design requirement. All communication towers shall be a monopole design.
(G) Buffer requirements. The location of the tower and equipment buildings shall comply with all local, state and federal natural resource protection standards. The following buffer planting shall be located around the outermost perimeter or security fence of a communication facility:
(1) Fence or wall. An eight-foot high wood fence or brick masonry wall shall completely surround the entire communications facility, excluding guy wires.
(2) Evergreen screen. A live evergreen screen consisting of a hedge, planted five feet on center maximum, or a row of evergreen trees planted a maximum of ten feet on center shall be planted outside the fence around the entire communication facility and each of the guy wires and anchors, if used. The height of all plants at the time of planting shall be no less than five feet.
(3) Existing vegetation. Trees and shrubs shall be preserved to the maximum extent possible on the entire site. Evergreen vegetation outside the fence or wall may be counted toward the evergreen screen.
(H) Access to site/structure. Proposed communication towers and antennas shall meet the following access requirements:
(1) Vehicular access. Vehicular access to the tower and equipment building shall be provided along any existing driveways, whenever feasible, and;
(2) Automation. The communication structure shall be fully automated and unattended on a daily basis, and may be visited only for periodic maintenance, emergencies, installations or equipment removal.
(I) Design requirements. Proposed communication structures, towers, and antennas shall meet the following design requirements:
(1) Obscurity. Communication towers and antennas shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment, except in an instance where the color is dictated by federal or state authorities such as the Federal Aviation Administration (FAA).
(2) Compatibility. The entire facility shall be aesthetically and architecturally compatible with its environment. The use of materials compatible with the surrounding environment such as wood, brick, or stucco is required for associated support structures, which shall be designed to match the architectural exterior of residential or commercial structures within the neighborhood or area. Only if the facility will be 100% screened during all seasons with an eight-foot tall wood privacy fence and evergreen screen will other materials be approved.
(3) Lighting. Only lighting that is for safety or security reasons or required by the FAA or other federal or state authority is permitted. All required lighting shall be oriented inward so as not to project onto surrounding residential properties.
(J) Co-location requirements. It is required that communication towers and their telecommunication companies mutually cooperate with respect to siting communication towers in the village. It is not desirable to have more towers than necessary to serve a single market area. Therefore, the following standards are to be agreed upon at the time of permit issuance:
(1) Construction for multiple users. Any proposed communication tower shall be designed, and engineered structurally, electrically and in all other respects, to accommodate the number of additional users as required in this zoning code.
(2) Anticipating future needs.
(a) Additional infrastructure. The site of the initial communication tower and communication facility shall be of sufficient area to allow for the location of one additional communication tower and associated communication facility.
(b) Future rearrangement. Communication towers shall be designed to allow for future rearrangement of cellular communication equipment and antennas upon the tower and to accept cellular communication equipment and antennas mounted at varying heights.
(K) Siting requirements. A proposal for a new communication tower shall not be approved unless the petitioner submits verification that the communication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, building, or other structure due to two or more of the following reasons:
(1) Structural capacity. The planned communication equipment would exceed the structural capacity of the existing or approved towers, buildings, or structures as documented by a qualified and licensed professional engineer; and the existing or approved towers, buildings or structures cannot be reinforced, modified, or replaced to accommodate the planned communication equipment at a reasonable cost.
(2) Communication interference. The planned communication equipment would cause interference impacting the usability of other existing communication equipment at the site if placed on existing structures. Supporting documentation, prepared by a qualified and licensed professional engineer, must be provided that indicates that the interference cannot be prevented at a reasonable cost.
(3) Design requirements. The existing or approved towers, buildings, or structures within the search radius cannot accommodate the planned communication equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
(4) Reason(s) unforeseen in this zoning code. Other unforeseen reasons that make it unfeasible or impossible to locate the planned communication equipment upon an existing or approved tower, building, or structure.
(5) Impasse. The petitioner has been unable to enter a commonly reasonable lease term with the owners of existing towers, buildings, or structures. Evidence of such must be presented to the Planning Commission.
(6) No accommodation. Additional land area is not available at the base of existing towers, buildings, or structures to accommodate the proposed communication facility.
(L) Construction requirements. All antennas, communication towers, accessory structures and any other wiring constructed within the village jurisdiction shall comply with the following requirements and all applicable provisions of this zoning code and the Building Code of the State of Ohio, Federal Communications Commission (FCC) and the Federal Aviation Administration when applicable.
(M) Existing structures. Existing antennas, communication towers and communication equipment may continue in use for the purpose now used and as now existing, but may not be replaced or significantly structurally altered without complying in all respects to the requirements set out in this zoning code.
(N) Removal of abandoned towers.
(1) Cause for removal. A tower shall be removed by the owner(s) of the tower and/or land, their lessee's and/or assigns of the land upon which the tower is located when unused or left abandoned for six months.
(2) Removal period - 30 days. Owners of abandoned towers and/or owners of the land upon which the towers are placed shall have 30 days for removal after the Village Administrator has cited in writing determining a tower has been abandoned.
(3) Citation. If the land owner and/or tower owner fails to remove it, the Village Administrator shall give notice to remove it.
(4) Removal at owners cost. Any communication tower shall be removed by the owner at his/her expense. Should the owner fail to remove the communication tower after 30 days from the date a notice of violation is issued, the village may remove the communication tower and bill the land owner and/or tower owner for the costs of removal and cleanup of the site. Upon failure to comply with this notice, the Village Administrator or his duly authorized representative may remove the tower at the cost of the land owner.
(Ord. O-2019-24, passed 9-9-2019)