761.01 Purpose.
761.02 Definitions.
761.03 Structural and appearance-related standards.
761.04 Safety-related standards.
761.05 Nature preservation.
761.06 Siting.
761.07 Applications.
761.08 Post-approval placement; modification of construction.
761.09 Annual review and inspection.
761.10 Transfers.
761.11 Applicability.
761.12 Severability.
(a) The purpose of this chapter shall be to preserve the ability of telecommunications providers to operate facilities as necessary within the jurisdiction of the Village of Milan, while at the same time:
(1) Minimizing the adverse visual impacts of telecommunications towers, attachments, and related facilities;
(2) Protecting persons and property from injury and damage; and
(3) Preserving and protecting natural resources and formations.
(b) It is not the intent of this chapter and, consistent with the provisions of this chapter, nothing in this chapter shall be construed:
(1) To permit unreasonable discrimination among providers of functionally equivalent personal wireless services;
(2) To prohibit or have the effect of prohibiting the provision of such personal wireless services;
(3) To permit action on any request for the authorization to place, construct, or modify personal wireless services facilities other than within a reasonable period of time after the request is duly filed, taking into account the nature and scope of the request;
(4) To permit denial of an application to place, construct, or modify personal wireless services facilities other than in writing and supported with substantial evidence contained in a written record; or
(5) To permit basing regulatory decisions of this nature on the environmental effects of radio frequency emissions to the extent that personal wireless services facilities comply with the regulations of the Federal Communications Commission (the "FCC") concerning such emissions.
(c) The provisions of this chapter are subject to all applicable federal and state laws, rules, regulations, and orders.
(Ord. 221-04-01. Passed 4-24-01.)
The following terms as used in this chapter shall have the following meanings unless otherwise herein provided or unless the context or use indicates another or different meaning or intent. Such definition shall be equally applicable to both the singular and plural forms of any of the terms herein defined.
(a) "Co-location" means the use of a telecommunications facility by more than one telecommunications provider.
(b) "Telecommunications" means the exchange of information through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
(c) "Telecommunications antenna" means the exterior physical device designed to transmit and/or receive electromagnetic signals authorized by the FCC in furtherance of telecommunications. Antennae used by amateur radio operators are not telecommunications antennae for purposes of this chapter.
(d) "Telecommunications attachment" means a structure designed primarily to support telecommunications antennae, which is not self-supporting, but rather is attached to a building or other structure (other than a residence) such as (but not limited to) a church steeple, clock or bell tower, smoke stack, government building, agricultural building, utility building, apartment building, or water tower.
(e) "Telecommunications equipment shelter" means an unmanned building, structure or casing that is used to house telecommunications facilities such as reception, relay and transmission equipment.
(f) "Telecommunications facility" means any structure, tower, antenna, pole, node, wore, cable, line, wave guide, device, equipment, or any other physical object, and all appurtenances thereto, used to connect electrical or electromagnetic signals used in telecommunications, except as such facilities have been preempted from regulation by applicable law. Amateur radio operators' equipment is not included within this definition.
(g) "Telecommunications provider" means a person or entity engaged in the business of providing telecommunications services to consumers, or a governmental entity, such as a police, fire, or ambulance department, that employs telecommunications facilities in its telecommunications network.
(h) "Telecommunications tower" means a free-standing structure designed primarily to support telecommunications antennae.
(Ord. 221-04-01. Passed 4-24-01.)
(a) Applicable Regardless of Location.
(1) Telecommunications facilities must meet the following standards, regardless of location:
A. Aesthetics. Telecommunications facilities must be as aesthetically compatible with their environs as technically feasible and practicable under the circumstances.
B. Landscaping. Existing vegetation must be preserved as much as practicable under the circumstances. Any security fencing or barrier related to telecommunications facilities shall be surrounded by a continuous row of hardy, evergreen hedges or trees not less than eight (8) feet in depth. Sufficient in height to screen adequately such fencing or barrier, and located within two (2) feet of the fencing or barrier. Such landscaping shall be continuously maintained and promptly restored, if necessary.
C. Lighting. Lights, beacons or strobes attached to or illuminating telecommunications facilities shall be permitted only to the extent necessary to ensure safety or to comply with applicable law or regulation, and shall be designed to minimize direct light or glare onto surrounding properties.
D. Signage. Signage on or on the site of telecommunications facilities shall be permitted only as may be required by applicable law or regulation or as specifically required or approved by the Planning Commission; provided that "No Trespassing" signs with a telephone number of whom to contact in the event of an emergency shall be required.
E. Upkeep and Storage. The telecommunications provider is responsible for the weed and trash removal related to, and general upkeep of, its telecommunications facilities and their sites, and for ensuring that the surfaces of such facilities are maintained in good condition, free from flaking or peeling paint and rust. Outdoor storage of equipment, supplies and vehicles related to telecommunications facilities is prohibited, except to supply emergency power to such facilities during a power outage.
F. Lot. Subject to the requirements for setbacks set forth herein, where telecommunications facilities are to be the sole use on a lot, the minimum lot size shall be two (2) acres. Where telecommunications facilities are to be placed on a lot with an existing use (that is a permitted use or a lawful nonconforming use), the minimum lot area shall be that which is necessary to accommodate the telecommunications facilities, any guy wires, any security fencing, any buffer plantings, and the like, in conjunction with such existing use. In no case shall a telecommunications facility be located in front of the principal building on a lot.
G. Automation. Where telecommunications facilities are to be placed on a lot with an existing use, such facilities must be fully automated and operationally unattended, with visits only for construction, emergencies, and periodic and necessary maintenance.
H. Service Equipment. All equipment and devices (including but not limited to cables, wires, pipes and conduits) that service telecommunications facilities shall be located underground or within such telecommunications facilities, if technically feasible and unless otherwise required by the Ohio Basic Building Code, the National Electric Code, and/or other applicable law.
(2) Telecommunications towers and telecommunications attachments must meet the following standards, regardless of location:
A. Co-location. Telecommunications towers and telecommunications attachments shall be designed to be buildable up to the maximum height permitted by this legislation, and shall be construed in such a way as to permit at least three (3) other telecommunications providers to co-locate their telecommunications facilities thereon when and if built to the maximum height permitted by this legislation. Furthermore, it shall be required that an applicant must co-locate upon existing telecommunications towers whenever and wherever available within the Village.
B. Setbacks. Unless otherwise specified in this chapter, the setback requirements for all telecommunications towers and telecommunications attachments shall be the greater of .5 feet for every foot of allowable height of such telecommunications tower or telecommunications attachment when attached. Any related fencing, screening, or other barriers shall be located behind the applicable setback lines. Notwithstanding the first sentence of this paragraph and unless otherwise specified in this chapter or permitted by the Planning Commission, telecommunications towers and telecommunications attachments shall be located not less than:
1. 250 feet from the nearest public right-of-way; and
2. 500 feet from the lot line of any school.
(3) Telecommunications towers must meet the following standards regardless of location:
A. Height. The height of a telecommunications tower (including antenna and approved lightning rods, if any) may not exceed three hundred (300) feet above the average grade plane of the telecommunications tower's base.
B. Color. The color of telecommunications towers shall be non- contrasting gray or that color which best camouflages them as against their surroundings, unless another color is required by applicable law or regulation.
C. Spacing. To the extent technically possible a proposed tower shall be located at least two thousand five hundred (2,500) feet from the nearest existing telecommunications tower.
(4) Telecommunications attachments must meet the following standards, regardless of location:
A. Height. The height of telecommunications attachments may not exceed the greater of twenty (20) feet above or twenty percent (20%) of the height of the top of the building or structure to which it is attached.
B. Color. The color of the telecommunications anachments shall be that which best camouflages them as against their surroundings, unless another color is required by applicable law or regulation.
(5) Telecommunications equipment shelters must meet the following standards, regardless of location:
A. Size. The maximum size of a telecommunications equipment shelter shall be three hundred (300) square feet for one shelter on a given plot, and seven hundred fifty (750) total square feet if there is more than one shelter on a given plot.
B. Height. The maximum height of a telecommunications equipment shelter shall be the maximum height for the applicable land use district.
C. Setbacks. The setback requirements for all telecommunications equipment shelters shall be the setback requirements for the applicable land use district. Any related fencing, screening, or other barriers shall be located behind the applicable setback lines.
D. Access. Where telecommunications facilities are to be placed on a lot with an existing use, the service access to any telecommunications equipment shelter shall be provided by way of the circulation driveways associated with the existing use to the extent practicable.
E. Use. Telecommunications equipment shelters shall not be used for offices or long-term vehicle storage.
F. Co-location. If telecommunications equipment shelters are initially constructed to accommodate only one user, space shall be reserved on-site to accommodate at least three (3) other telecommunications equipment shelters in the event of co- location.
(b) Additional Standards Applicable to Non-Residential Districts. In addition to all standards that apply independent of location, the following standards also apply to telecommunications facilities located in non-residential districts:
(1) Setbacks. Notwithstanding any provision of this chapter to the contrary, the minimum distance from any telecommunications tower or telecommunications attachment to any residential use/district lot line shall be five hundred (500) feet.
(2) Lot. Notwithstanding any provision of this chapter to the contrary, if telecommunications towers are to be located in an agricultural area or a vacant lot, the minimum lot size shall be 2.5 acres.
(c) Additional Standards Applicable to Residential Districts. In addition to all standards that apply independent of location, the following standards also apply to telecommunications facilities located in residential districts:
(1) Automation. Where telecommunications facilities are to be placed in a residential district, they must be fully automated and unattended on a daily basis, with visits only for construction, emergencies, and periodic and necessary maintenance.
(2) Non-residential use property. Where telecommunications towers or telecommunications attachments are to be placed or constructed on property with a non-residential use within a residential land use district (including, but not limited to, government buildings, agricultural buildings, churches, utility buildings, hospitals, and schools). Such telecommunications towers or telecommunications attachments shall be set back from all neighboring residential use/district lot lines by at least five hundred (500) feet.
(Ord. 221-04-01. Passed 4-24-01.)
Telecommunications facilities must meet the following standards, regardless of location:
(a) Compliance with Laws and Regulations. All telecommunications facilities must comply with all applicable laws and regulations, including but not limited to the Ohio Basic Building Code and the applicable regulations promulgated by the Federal Aviation Administration and the FCC (including radio frequency (electromagnetic) emissions standards) and by the Ohio Department of Transportation, and their respective successors.
(b) Sound Construction. All telecommunications towers and telecommunications attachments must be soundly constructed and, including any guy wires, must be securely anchored to a foundation appropriate for the applicable soil conditions, and must be able to withstand sustained winds of at least one hundred (100) miles per hour and ice loads in accordance with the American National Standards Institute/Electronic Industry Association, Section 222-F (Annex H: Commentary on Ice Design Criteria for Communications Structures), as the same may be amended from time to time.
(c) Security Fencing. Security fencing eight (8) feet in height shall surround the telecommunications facilities (including guy wires), or each of them, as required by applicable law or as may be determined by the Village Council. In no case shall barbed or razor wire be used on security fencing in residential districts.
(d) Anti-Climbing Devices. Telecommunications towers and telecommunications attachments shall be fitted with anti-climbing devices.
(e) Maintenance. All telecommunications facilities must be regularly maintained as appropriate to ensure that safety is not compromised.
(f) Non-Interference. No telecommunications facilities may interfere with any public safety, police, fire, ambulance, or other governmental telecommunications.
(Ord. 221-04-01. Passed 4-24-01.)
(Ord. 221-04-01. Passed 4-24-01.)
Telecommunications facilities must meet the following standards, regardless of location:
(a) Natural Resource Protection. The placement, construction, or modification of telecommunications facilities shall comply with all natural resource protection laws and regulations, including those for floodplain, wetlands and steep slopes.
(Ord. 221-04-01. Passed 4-24-01.)
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