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Montgomery, Ohio Code of Ordinances
CITY OF MONTGOMERY, OHIO CODE OF ORDINANCES
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE
CHARTER TABLE OF CONTENTS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS AND PROPERTIES
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150.01: TITLE, PURPOSE AND APPLICATION
CHAPTER 150.02: GENERAL PROVISIONS
CHAPTER 150.03: DEFINITIONS
CHAPTER 150.10: ADMINISTRATIVE POWERS AND DUTIES
CHAPTER 150.12: PROCEDURES FOR ZONING CERTIFICATES, CERTIFICATES OF APPROVAL, AND CERTIFICATES OF OCCUPANCY
CHAPTER 150.14: ADMINISTRATIVE PROCEDURES FOR DEVELOPMENT PLAN REVIEW
CHAPTER 150.16: CONDITIONAL USE PERMITS AND SIMILAR USES
CHAPTER 150.18: REGULATIONS FOR LANDMARK PROPERTIES
CHAPTER 150.20: ADMINISTRATIVE PROCEDURES FOR APPEALS AND VARIANCES
CHAPTER 150.22: ZONING AMENDMENTS
CHAPTER 150.30: ENFORCEMENT AND PENALTIES
CHAPTER 151.01: ESTABLISHMENT OF DISTRICTS AND MAP
CHAPTER 151.10: RESIDENTIAL DISTRICT REGULATIONS
CHAPTER 151.12: BUSINESS DISTRICT REGULATIONS
CHAPTER 151.13: PLANNED UNIT DEVELOPMENTS AND INTERIM DEVELOPMENT CONTROL DISTRICTS
CHAPTER 151.14: HERITAGE OVERLAY DISTRICT REGULATIONS
CHAPTER 151.15: OLD MONTGOMERY GATEWAY DISTRICT REGULATIONS
CHAPTER 151.16: HOSPITAL CORRIDOR OVERLAY DISTRICT REGULATIONS (HOS)
CHAPTER 151.18: SEXUALLY ORIENTED BUSINESSES
CHAPTER 151.20: CONDITIONAL USE REGULATIONS
CHAPTER 151.30: SIGN REGULATIONS
CHAPTER 151.32: OFF-STREET PARKING AND LOADING REGULATIONS
CHAPTER 151.34: LANDSCAPING AND SCREENING REGULATIONS
CHAPTER 151.36: REGULATIONS FOR WIRELESS TELECOMMUNICATION FACILITIES
CHAPTER 151.50: NONCONFORMING USE REGULATIONS
CHAPTER 152: BUILDING CODE
CHAPTER 153: LAND USE FEES
CHAPTER 154: WATER MANAGEMENT, SEDIMENT CONTROL AND FLOOD DAMAGE PREVENTION
CHAPTER 155: RENEWAL AND REDEVELOPMENT
CHAPTER 156.01: SUBDIVISION REGULATIONS: INTRODUCTION AND GENERAL INTERPRETATION
CHAPTER 156.02: SUBDIVISION REGULATIONS: REQUIREMENTS FOR SUBDIVISION APPROVAL
CHAPTER 157: FLOOD DAMAGE PREVENTION
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
CHAPTER 151.36: REGULATIONS FOR WIRELESS TELECOMMUNICATION FACILITIES
Section
   151.3601   Purpose
   151.3602   Definitions
   151.3603   Permitted locations
   151.3604   Locations requiring conditional use approval
   151.3605   Standards applicable to all wireless telecommunication facilities
   151.3606   Development plan review required
   151.3607   Removal of telecommunication facilities
§ 151.3601 PURPOSE.
   These regulations are established to provide for the construction and use of wireless telecommunication facilities, which shall include all antennas, towers, and support structures, within areas of the city as permitted herein. The intent of these regulations is to balance the competing interests created by the Federal Telecommunication Act of 1996, Public Law 104-104, and the interests of the city in regulating wireless telecommunication towers and related facilities for the following purposes:
   (A)   To protect residential areas and avoid potential damage to adjacent properties from wireless telecommunication antennas, towers, support structures and facility failure;
   (B)   To protect property values;
   (C)   To regulate a commercial use so as to provide for orderly and safe development within the city;
   (D)   To provide for and protect the health, safety, and general welfare of the residents of the city;
   (E)   To encourage the joint use of any new and existing wireless telecommunication towers and related facilities to minimize the number of such structures within the city; and
   (F)   To minimize the adverse visual effects of wireless telecommunication towers and related facilities.
(Ord. 5-2005, passed 3-23-05)
§ 151.3602 DEFINITIONS.
   COLLOCATION. The use of a wireless telecommunication facility by more than one wireless telecommunication provider.
   LATTICE TOWER. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure, which often tapers from the foundation to the top.
   MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
   PERSONAL WIRELESS SERVICES. Commercial mobile services, wireless services and common carrier wireless exchange access services, including cellular and digital services.
   TECHNICALLY SUITABLE. The location of a wireless telecommunication antenna that reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna has been licensed by the FCC to operate without a significant loss of communication capability within developed areas of the city.
   TELECOMMUNICATION. The technology which enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems.
   WIRELESS TELECOMMUNICATION ANTENNA. A physical device used to receive or transmit electromagnetic, wireless telecommunication signals authorized by the Federal Communications Commission between cellular phones, pagers, commercial mobile services, wireless services and ground-wired telecommunication systems including, but not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips. Antennas used by amateur radio operators are excluded from this definition.
   WIRELESS TELECOMMUNICATION FACILITY. A facility consisting of the equipment and structures involved in receiving telecommunication or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines or relays signals to another land based or mobile receiver
   WIRELESS TELECOMMUNICATION SUPPORT STRUCTURE. Any building or structure accessory to but necessary for the proper functioning of the wireless telecommunication antennas.
   WIRELESS TELECOMMUNICATION TOWER. A structure intended to support equipment used to transmit and/or receive telecommunication signals including monopoles, guyed and lattice construction steel structures.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 2-2014, passed 3-5-14)
§ 151.3603 PERMITTED LOCATIONS.
   A wireless telecommunication tower or facility is permitted in the following areas, when in compliance with these regulations and approved by the Planning Commission according to the procedures set forth in Chapter 150.14, Development Plan Review:
   (A)   In the O, OC, L-B, and G-B zoning districts, a new wireless antenna may collocate on an existing tower, in compliance with the requirements set forth in § 151.3605(A).
   (B)   In the O, OC, L-B, and G-B zoning districts, a new wireless antenna may collocate on an existing structure that has been constructed for other purposes, such as but not limited to water towers, church steeples, chimneys and cooling towers, in compliance with the requirements set forth in § 151.3605(A).
   (C)   A new wireless telecommunication tower may be located in an O, OC, L-B, or G-B zoning district, in compliance with the requirements set forth in § 151.3605.
   (D)   A new wireless antenna may collocate on an existing tower in a residential zoning district, in compliance with the requirements set forth in § 151.3605(A).
(Ord. 5-2005, passed 3-23-05; Am. Ord. 2-2014, passed 3-5-14)
§ 151.3604 LOCATIONS REQUIRING CONDITIONAL USE APPROVAL.
   A new wireless telecommunication tower and facility may be located in a residential zoning district as a conditional use only on sites where a conditional use already exists. Such facilities require approval of the Planning Commission according to the procedures outlined in Chapter 150.16 for conditional uses as well as the requirements set forth in Chapter 151.20. In order for the Planning Commission to consider the location of a new wireless telecommunication tower and facility as a conditional use in a residential zoning district, the applicant must demonstrate that there is no technically suitable space available in the O, OC, L-B, and G-B zoning districts and the reasons why such space has been determined not to be technically suitable.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 2-2014, passed 3-5-14)
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