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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
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§ 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)
§ 151.3605 STANDARDS APPLICABLE TO ALL WIRELESS TELECOMMUNICATION FACILITIES.
   All wireless telecommunication towers and facilities shall comply with the following standards and conditions:
   (A)   Before a new wireless telecommunication tower and facility may be considered for approval in the O, OC, L-B, G-B, or residential zoning districts, the applicant must demonstrate that:
      (1)   A technically suitable location is not available on an existing tower or on an existing structure, as permitted in § 151.3603. The applicant shall list the location of every tower, building or structure that could support the proposed antenna(s) so as to allow it to serve its intended function, and the reasons why such tower, building or structure has been determined not to be technically suitable; or
      (2)   If other towers, buildings or structures are technically suitable, the applicant must show that it has requested to collocate on all existing towers, buildings or structures and the collocation requests were denied by the owners of the towers, buildings or structures.
   (B)   The owner/operator of a new telecommunication tower shall agree to allow collocation when technologically feasible and/or until said tower has reached full antenna capacity, but in no event shall the owner/operator agree to allow fewer than three additional antenna platforms for three additional providers unrelated to the owner/operator. Applicants are required to bear an equitable share of capital operating and other expenses in connection with such shared use. Agreement to this provision must be included in the applicant's lease with the landowner, if different from the owner/operator of the tower. Written documentation shall be presented to the Zoning Administrator evidencing that the owner of the property on which the tower is to be located has agreed to the terms of this division as well as all other applicable requirements, regulations and standards set forth in this section.
   (C)   All towers shall be of monopole design. Lattice-type towers are prohibited.
   (D)   The applicant shall demonstrate that the antenna and/or tower must be placed as proposed in order to satisfy a necessary function in the company's grid system.
   (E)   The applicant shall demonstrate that the proposed tower and related facilities are safe and shall be located, to the extent possible, to minimize any adverse impacts on surrounding properties including, but not limited to tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference.
   (F)   The applicant shall agree to accommodate the telecommunications of the local police, fire, ambulance and other city departments at no charge.
   (G)   The minimum distance between the base of the tower and the property lines shall be as follows:
      (1)   The distance required from any residential lot shall be equal to 110% of the height of the tower.
      (2)   The distance required from any nonresidential lot shall be equal to 40% of the height of the tower, the minimum setback required in the underlying zoning district or 50 feet, whichever is greater.
   (H)   The applicant of a proposed tower shall demonstrate that the tower is the minimum height necessary to accommodate the antennae and is no higher than existing towers housing similar antennae.
   (I)   Prior to approving a new tower with a tower height greater than those prevailing in the area, or a tower in a location not in compliance with these regulations, the applicant shall demonstrate to the city that such new tower or additional height is needed to meet the reasonable service requirements of the applicant. This assessment shall include consideration of alternative sites and the operational implications of such alternatives with respect, but not limited, to: height, opportunities for collocation, impact on residents, impact on service levels, etc. The city may retain consultant(s) to review the information with the reasonable costs for such consultation being borne by the applicant(s).
   (J)   Unless otherwise permitted in the zoning district in which the wireless telecommunication tower or facility is located, all other accessory uses to the wireless telecommunication tower or facility including, but not limited to, business office use, maintenance depot use, and materials and vehicle storage are prohibited from the site.
   (K)   The base of the tower and its support structures, shall be completely enclosed with a secure fence having a minimum height of 8 feet and shall be erected to prevent access by nonauthorized personnel.
   (L)   Landscaping shall be required to screen the fence and should soften the appearance of the wireless telecommunication facility. At least one row of evergreens planted five feet on center maximum and a minimum height of 6 feet at planting shall be required to completely screen the fence from view. Existing vegetation surrounding the fenced area shall be preserved to the maximum extent possible. The city may permit a combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping.
   (M)   The tower shall be painted a non- contrasting gray or similar color to reduce visual impact, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA). All accessory buildings and structures shall be aesthetically and architecturally compatible with the surrounding environment and adjacent buildings and structures.
   (N)   “No Trespassing” signs may be posted on the required fence in a clearly visible location with a telephone number of who to contact in the event of an emergency. No other signs or advertising shall be located anywhere on the facility.
   (O)   If the wireless telecommunication site is completely automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in this Zoning Code.
   (P)   Unless required by the Federal Aviation Administration (FAA), no artificial lighting shall be permitted on any wireless telecommunication tower or related facility.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 2-2014, passed 3-5-14)
§ 151.3606 DEVELOPMENT PLAN REVIEW REQUIRED.
   All wireless telecommunication towers and facilities subject to these regulations shall comply with the procedures for development plan review set forth in Chapter 150.14. In addition to the submission requirements set forth in § 150.1407, the applicant shall submit the following items:
   (A)   The proposed location of the wireless telecommunication tower, antenna and support structures, including guy wires, as well as the dimensions, height, and where applicable, the gross floor area of the buildings. All materials for buildings and structures shall be specified in the plan.
   (B)   A written statement and a pictorial presentation by the applicant as to the visual and aesthetic impacts of the proposed wireless communication tower or facility on all adjacent residential zoning districts.
   (C)   Documentation supporting that the proposal has been approved by the Ohio Department of Transportation, the Federal Aviation Administration, and the Federal Communications Commission, if applicable.
(Ord. 5-2005, passed 3-23-05)
§ 151.3607 REMOVAL OF TELECOMMUNICATION FACILITIES.
   (A)   All wireless telecommunication towers, structures and equipment that have discontinued service for a period of 6 months shall be removed by the owner of the tower or facility. Any structure that has not been maintained, has been abandoned, has become obsolete, has been unused or ceased its daily activities or operations shall be considered "discontinued".
   (B)   Any tower that has had no antenna mounted upon it for a period of six months, or if the antenna mounted thereon are not operated for a period of three months, shall be considered abandoned, and the owner thereof shall remove the tower within 180 days after receipt of a notice from the Zoning Administrator to do so.
   (C)   In the event more than one wireless communication service provider is using the antenna support structure, the antenna support structure shall not be considered abandoned until all such users cease using the structure as provided in this section.
   (D)   The site shall be restored to its original state, as it existed prior to the installation of the wireless telecommunication tower or facility, within 6 months after the wireless telecommunication tower or facility has discontinued service.
(Ord. 5-2005, passed 3-23-05)