1290.02  GENERAL REQUIREMENTS.
   The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located. These general standards are to be supplemented with the specific regulations for Public Facilities and General Industrial Districts as set forth in Sections 1290.03 and 1290.04.
   (a)   When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale of not less than one inch is equal to 200 feet shall be submitted. This plot plan shall indicate all building uses within 350 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
   (b)   The location of the tower and equipment shelter shall comply with all natural resource protection standards established by local, State and Federal regulations, including those for floodplains, wetlands and steep slopes.
   (c)   Applicants must comply with all applicable regulations and requirements of the Ohio Building Code (OBBC), the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC).
   (d)   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 the maximum height set forth in the applicable zoning district. 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 four providers when constructed to the maximum allowable height.
   (e)   Security fencing eight feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually, as determined by the Planning Commission.
   (f)   The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses. The following buffer plantings may be located around the perimeter of the security fence, as deemed appropriate by the Planning Commission: An evergreen screen shall be planted that consists of either a hedge, planted three feet on center, maximum, or a row of evergreen trees, planted five feet on center, maximum.
   (g)   Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
   (h)   Any applicant  requesting permission  to install  a new tower  shall provide evidence  of written contact with all wireless service providers who supply service within five miles of the proposed  facility.  The  applicant  shall  inquire  about  the technical  feasibility for  potential collocation  opportunities  at  those  locations.  The  existing  wireless  service  providers who  have  been  contacted  by  the  applicant  and  who  supply  service  within five  miles  of the  proposed facility,  and within the City of North Royalton, shall be required to respond, in writing, to the inquiry within thirty days and specifically address the technical feasibility of collocation on their respective tower(s). The applicant's letter(s), as well as response(s), shall be presented to the Planning Commission as a means of demonstrating the need for a new tower. The applicant shall provide proof of why a tower at  this proposed site  is technically  necessary.  Prior  to the  issuance of  any permit to erect a tower or to alter or modify any wireless telecommunications tower existing on the effective date of this chapter, the owner shall provide to the City a written and notarized statement agreeing to make said wireless telecommunications tower available to be used by others, subject to reasonable technical limitations. The willful and knowing failure of a wireless telecommunications tower owner to agree to a shared use or to negotiate in good faith with potential users shall be cause for the withholding of future permits to the same owner to install, build or modify antennae or wireless telecommunications towers within the City.
   (i)   Any application to locate an antenna on a building or structure that is listed on an historic register or is in an historic district shall be subject to review by the Municipality's Planning Commission.
   (j)   The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the FCC or FAA.
   (k)   No advertising is permitted anywhere on the facility, with the exception of identification signage.
   (l)   All providers utilizing towers shall present a report to the Building Commissioner giving notification of any of said providers tower facilities or collocated equipment located in the Municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days, the Building Commissioner may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility's owner/operator will receive written notice from the Building Commissioner and be instructed to either reactivate the facility's use within 180 days or dismantle and remove the facility. If reactivation or dismantling does not occur, the Municipality will remove, or will contract to have removed, the facility and assess the property owner and/or owner/operator the costs.
   (m)   All towers shall be artificially lighted as required by FAA regulations. In addition, all FAA regulations addressing safety marking and obstruction lighting shall be followed when necessary. The tower light and all security lighting around the equipment shelter is permitted, but shall not filtrate onto adjoining parcels.
   (n)   "No Trespassing" signs shall be posted around the facility, with the telephone number of whom to contact in the event of an emergency.
   (o)   Applicants will provide evidence of legal access to the tower site, thereby maintaining this access regardless of other developments that may take place on the site.
   (p)   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.
   (q)   A conditional use permit must be approved by the City Planning Commission and City Council, with a subsequent building permit issued by the Building Commissioner, for the construction of new towers. Collocation of antennas on a single tower, and antennas attached to existing structures or buildings, will not be subject to the conditional use permitting process, but must be approved by the Building Commissioner upon submission of proof of adequate structural capacity.
   (r)   Replacement towers to be constructed at the site of a current tower, in any zoning district except General Industrial, are lawful non-conforming uses, but must obtain site plan approval in accordance with the requirements set forth for new towers in Public Facilities Districts. Replacement towers to be constructed in General Industrial Districts are lawful non-conforming uses, but must obtain site plan approval in accordance with the requirements set forth for new towers in General Industrial Districts.
   (s)   Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission.
   (t)   Underground equipment shelters are permitted and may be requested by the Planning Commission. The Planning Commission may require the shelter to be aesthetically harmonious to the surrounding area and structures.
   (u)   All wireless telecommunication facilities shall submit a maintenance plan that meets industry standards, as determined by the Building Commissioner, no later than January 1 following the grant of the conditional use permit and thereafter as required under 1290.02(v)(1).
   (v)   Maintenance and Inspections.
      (1)   The operator, lessee, tenant, or owner of a wireless telecommunication facility shall submit a yearly maintenance plan and report to the Building Commissioner, no later than January 1, prepared by a licensed professional engineer(s) which shall verify continued compliance of the facility with all governmental requirements including, but not limited to, the structural integrity and stability of any towers or antennas, electrical safety standards, and auxiliary power source safety standards or other criteria as required or requested by the Building Commissioner.
      (2)   An annual inspection shall be conducted as directed by the Building Commissioner.  The inspection shall include an assessment of the wireless communications facility and its environs.  The review shall include, but not limited to, general security, landscaping, access, lighting, property maintenance, etc.
      (3)   Notice of any inspection deficiencies shall be corrected by the operator, lessee, tenant or owner of the wireless telecommunication facility within (5) five days.
   (w)   Fees for alterations, upgrades, modifications, additions, inspections and new wireless communications facilities shall be administered by the Building Division as prescribed under Section 214.08.
(Ord. 97-57.  Passed 4-15-97; Ord. 99-24. Passed 4-6-99; Ord. 06-32.  Passed 2-21-06; Ord. 08-211.  Passed 11-5-08; Ord. 13-152. Passed 2-4-14; Ord. 16-55.  Passed 3-1-16.)