1290.01 Definitions.
1290.02 General requirements.
1290.03 Public Facilities Districts.
1290.04 General Industrial Districts.
1290.05 Other districts.
1290.06 Reimbursement of expenses.
1290.07 Issuance of permits.
CROSS REFERENCES
Municipal zoning - see Ohio R.C. 713.06 et seq.
Interrupting or impairing television, radio, telephone, telegraph or other mass communication service - see Ohio R.C. 2909.04
Telegraph and telephone companies - see Ohio R.C. Ch. 4931
Telecommunications - see Ohio R.C. Ch. 4937
Zoning permits and fees - see ADM. 214.07
Property defined to include cable television service - see GEN. OFF. 606.01(o)
Cable television services defined - see GEN. OFF. 642.01(a), (r)
Cable television - see B.R. & T. Ch. 816
Cable television regulations - see B.R. & T. Ch. 817
As used in this chapter, the terms listed below shall be interpreted according to the following definitions. Other terms shall be interpreted according to the definitions provided elsewhere in these Codified Ordinances or according to their ordinary English usage.
(a) Collocation: The use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(b) 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.
(c) Monopole: A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(d) Open space: Land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).
(e) Telecommunications: The technology which enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems.
(f) Wireless telecommunications antenna: The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
(g) Wireless telecommunications equipment shelter: The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(h) Wireless telecommunications facility: A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.
(i) Wireless telecommunications tower: A structure intended to support equipment used to transmit and/or receive telecommunications signals, including monopoles and guyed and lattice construction steel structures.
(j) Use area: The area needed to accommodate the tower (and guy wires, if used), the equipment shelter, security fencing and buffer planting.
(Ord. 97-57. Passed 4-15-97.)
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.)
Wireless telecommunications facilities proposed for Public Facilities Districts are permissible as a conditional use in accordance with the standards set forth in Section 1262.07(c)(2) and the following conditions:
(a) Monopole. The wireless telecommunications facility shall be a monopole.
(b) Sole Use on a Lot. A wireless telecommunications facility is permitted as a sole use on a lot subject, to the following:
(1) Minimum lot size shall be two acres.
(2) Minimum yard requirements:
A. Tower: The minimum distance to the District lot line shall be 350 feet.
B. Use area: The use area must comply with main use setback requirements for the zoning district.
(3) Maximum height:
A. Tower: 200 feet (includes antenna)
B. Equipment shelter: Fifteen feet
(4) Maximum size of the equipment shelter: 300 square feet for a single shelter, or if there is more than one, 750 total square feet.
(c) Combined With Other Uses. Combined with other uses: A wireless telecommunications facility is permitted on a property with an existing use, subject to the following conditions:
(1) The existing use on the property may be any permitted use in the District and need not be affiliated with the wireless telecommunications provider.
(2) The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).
(3) Minimum yard requirements:
A. Tower: The minimum distance to the District lot line shall be 350 feet.
B. Use area: The use area shall comply with the minimum setback requirements for the zoning district.
(4) The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
(5) Maximum height:
A. Tower: 200 feet (includes antenna)
B. Equipment shelter: Fifteen feet
(6) Maximum size of the equipment shelter: 300 square feet for a single shelter, or if there is more than one, 750 total square feet.
(d) Combined With an Existing Structure. An antenna for a wireless telecommunications facility may be attached to an existing structure or building, subject to the following:
(1) Maximum height: Twenty feet or twenty percent of the building height above the existing building or structure, whichever is greater.
(2) If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter must receive Planning Commission approval and shall comply with the following:
A. The shelter shall be in accordance with the minimum setback requirements for the subject zoning district.
B. A buffer yard may be planted in accordance with Section 1290.02(f).
C. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
D. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
(3) Receipt of approval of the Building Department.
(Ord. 97-57. Passed 4-15-97; Ord. 06-151.Passed 5-15-07.)
Wireless telecommunications facilities proposed for General Industrial Districts are permissible as a conditional use in accordance with the standards set forth in Section 1262.07(c)(2) and the following conditions:
(a) Lattice Tower or Monopole. The wireless telecommunications facility may be a lattice tower or monopole.
(b) Sole Use on a Lot. A wireless telecommunications facility is permitted as a sole use on a lot, subject to the following:
(1) Minimum lot size shall be one acre.
(2) Minimum yard requirements:
A. Tower: The minimum distance to the District lot line shall be 300 feet.
B. Use area: The use area must comply with main use setback requirements for General Industrial Districts. The use area must be a minimum distance from the property line to comply with main use setback requirements for General Industrial Districts.
(3) Maximum height:
A. Tower: Lattice tower: 350 feet (includes antenna)
Monopole: 200 feet (includes antenna)
B. Equipment shelter: Fifteen feet
(4) Maximum size of equipment shelter: 300 square feet for a single shelter, or, if there is more than one, 750 total square feet.
(c) Combined With Other Uses. A wireless telecommunications facility is permitted on a property with an existing use, subject to the following conditions:
(1) The existing use on the property may be any permitted use in the District and need not be affiliated with the wireless telecommunications provider.
(2) The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).
(3) Minimum yard requirements:
A. Tower: The minimum distance to the District lot line shall be 300 feet.
B. Use area: The use area shall comply with the minimum setback requirements for the zoning district.
(4) The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
(5) Maximum height:
A. Tower: Lattice tower: 350 feet (includes antenna)
Monopole: 200 feet (includes antenna)
B. Equipment shelter: Fifteen feet
(6) Maximum size of the equipment shelter: 300 square feet for a single shelter, or, if there is more than one, 750 total square feet.
(d) Combined With an Existing Structure. An antenna for a wireless telecommunications facility may be attached to an existing structure or building, subject to the following:
(1) Maximum height: Twenty feet or twenty percent of the building height above the existing building or structure, whichever is greater.
(2) If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:
A. The shelter shall be in accordance with the minimum setback requirements for the subject zoning district.
B. A buffer yard may be planted in accordance with Section 1290.02(f).
C. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
D. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
(3) Receipt of approval of the Building Department.
(Ord. 97-57. Passed 4-15-97; Ord. 06-151. Passed 5-15-07.)
An antenna for a wireless telecommunications facility may be attached to an existing structure or building in any zoning district, except Rural Residential, Residential R1-A and Residential R1-B, subject to the following:
(a) Maximum height: Twenty feet or twenty percent of the building height above the existing building or structure, whichever is greater.
(b) If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:
(1) The shelter shall be in accordance with the minimum setback requirements for the subject zoning district.
(2) A buffer yard may be planted in accordance with Section 1290.02(f).
(3) Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
(4) The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
(c) Receipt of approval of the Building Department.
(Ord. 97-57. Passed 4-15-97.)
The applicant shall be responsible for all expenses incurred by the City for any technical engineering services deemed necessary by the Building Commissioner, the Planning Commission or City Council to perform the reviews required by this chapter.
(Ord. 97-57. Passed 4-15-97; Ord. 13-152. Passed 2-4-14.)
Upon receipt of expense reimbursement as set forth in Section 1290.06, and of existing fees established in Chapter 214 of the Administration Code, the Building Commissioner shall authorize the issuance of permits required by this chapter and shall collect the fees therefor in accordance with the following schedule:
(a) New wireless communications tower and facility: $400.00
(b) Addition to or renovation of existing tower or facility: $200.00
(c) New wireless communications antenna: $100.00
(d) Collocation wireless communications antenna on existing tower or building, per installation: $100.00
(Ord. 97-57. Passed 4-15-97.)