1137.07 WIRELESS TELECOMMUNICATIONS FACILITIES.
A. Purpose
1. Wireless telecommunication facilities are considered a conditional use and may be located as such in certain zoning districts contingent upon a number of requirements being met as established throughout Chapter 1137.
2. Wireless telecommunications facilities may be located on any municipally owned land, buildings or structures with the approval of the Board of Zoning Appeals. Wireless telecommunication towers located on municipally or government owned land, buildings, or structures are exempt from the requirement of this chapter.
3. All new wireless telecommunications facilities, co-location of antennas on a single tower, antennas to be attached to existing buildings or structures, or replacement towers to be constructed at the site of a current tower shall be subject to review as conditional use unless specifically exempted within this chapter.
B. Definitions
1. "ANSI" means American National Standards Institute.
2. "Co-location" means the use of a wireless telecommunication facility by more than one wireless telecommunications provider.
3. "EIA" means Electronic Industry Association.
4. "FAA" means Federal Aviation Administration.
5. "FCC" means Federal Communications Commission.
6. "Lattice Tower" means 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.
7. "Monopole" means a support structure constructed of a single supporting hollow metal tube securely anchored to the foundation.
8. "Telecommunication" means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
9. "Wireless telecommunications equipment shelter" means a structure in which the electronic receiving and relay equipment for a wireless telecommunication facility is housed.
10. "Wireless telecommunications facility" means 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 the land based telephone lines. Referred to in this Section as "facility".
11. "Wireless telecommunication tower" means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures. Referred to in this Section as "tower."
C. Application for Conditional Use.
1. When a proposed wireless telecommunications system facility is to include a new tower, a site plan at scale of not less than one inch is equal to 100 feet shall be submitted to the City along with the appropriate conditional use permit application form(s) and fees. This site plan shall indicate all properties, buildings and structures within 300 feet of the proposed tower. Aerial photos and/or renderings may augment the site plan.
2. A landscape plan shall be submitted indicating how the wireless telecommunication facility will be screened from adjoining uses.
3. Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential co-location opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing within 30 days. The applicant's letter(s) as well as response(s) shall be presented to the Board of Zoning Appeals as means of demonstrating the need for a new tower and to establish proof that a newly constructed tower is necessary since co-location on an existing tower is not feasible. In addition, the applicant will be required to submit a statement of need demonstrating why the proposed facility must be located where it is proposed in order to serve the applicant's service area. This statement must clearly explain why other nearby structures cannot be used to support the proposed antenna and why a tower and the proposed site is technically necessary.
4. Any application to locate a facility on a building or structure that is listed on the National Register of Historic Places, or a building or structure that is located in the Historic District as defined in Chapter 1333 shall be subject to review by the Historic Landmarks Commission and shall first obtain a Certificate of Appropriateness prior to applying for a conditional use permit.
5. Applicants shall provide evidence of legal access to the tower site thereby maintaining this access regardless of other development that may take place on the site.
6. A soil report complying with the standards of ANSI/EIA 222-F (Annex I: Geotechnical Investigations for Towers), as amended, shall be submitted to the City with the application for a conditional use permit to document and verify the design specifications of the foundation of the tower, and anchors for guy wires if used.
7. The applicant shall submit to the City with the application for a conditional use permit, a report prepared by a professional engineer licensed in the state of Ohio containing proof of the facility's compliance with nationally accepted structural standards published by the ANSI/EIA Section 222-F, as amended, and description of the proposed tower's capacity, including the number of antennas it can accommodate.
8. Elevations of existing and proposed structures showing width, depth, and height of the wireless telecommunications facility as well as the specifications of the antenna and support structure shall be submitted.
9. The applicant shall demonstrate that the proposed tower complies with all FCC regulations addressing radio frequency and electromagnetic emissions standards.
10. The applicant shall demonstrate that the proposed tower complies with all FAA regulations concerning safety.
11. The applicant shall submit a statement of compliance that the proposed facility complies with all federal and state laws and regulations concerning aviation safety.
12. The applicant shall submit a maintenance plan confirming that the applicant will be responsible for maintaining the facility and explaining how the facility will be maintained in the future.
13. Any other information which, in the judgment of the Building/Zoning Officer may be necessary to provide for the enforcement of this Zoning Code.
D. General.
The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located.
1. The location of the tower and equipment shelter or other support facilities shall comply with all natural resource protection standards established in this Zoning Code.
2. Security fencing, a minimum of six feet in height, shall surround the tower, equipment shelter or other support facilities, and any guy wires, either completely or individually as determined by the Board of Appeals.
3. The following buffer plantings around the perimeter of the security fence shall be planted as a minimum as deemed appropriate by the Board of Zoning Appeals. Additional plantings may be required. An evergreen screen shall be planted that consists of either a hedge, planted three (3) feet on center maximum, or a row of evergreen trees five (5) feet on center maximum. The applicant shall be responsible for maintaining the approved plantings.
4. Towers shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the FCC or FAA. If the security fence mentioned in Item (2) above is a wire mesh fence, it shall be painted the same color as the tower.
5. No advertising shall be affixed to the tower or permitted on the equipment shelter or any support facility, security fence or any other element of the facility.
6. If at any time the use of this facility is discontinued for a period of 180 days, the applicant shall have an additional 90 days to either reactivate the facility or dismantle and remove the facility. In the event that the facility is deactivated or abandoned, the applicant shall provide notification by certified mail to the Building/Zoning Officer of such event as soon as possible, but in no event later than seven (7) days following such deactivation or abandonment.
7. No tower of a height one hundred fifty (150) feet or less shall be artificially lighted except as required by the FAA. Any tower greater than one hundred fifty (150) feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter or support facilities is required if said lighting is directed inward towards the facility.
8. “No Trespassing" or other similar warning signs shall be posted around the facility with an emergency telephone number indicating the person(s) or authority to contact in the event of an emergency situation.
9. All utility service to a facility shall be provided underground. Underground equipment shelter or support facilities are encouraged, and may be required by the Board of Zoning Appeals.
10. Facilities 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 situation).
11. Wireless telecommunications towers and antennae shall be designed to withstand sustained winds of at least one hundred (100) miles per hour.
12. The ANS1/EIA Section 222-F (Annex H Commentary on Ice Design Criteria for Communications Structures) shall be consulted for ice load specifications.
13. The applicant must agree to permit other wireless telecommunications service providers to co-locate onto the proposed facility unless mechanical, structural or regulatory factors prevent such co-location, on reasonable economic terms consistent with the actual capital and operating expense of the facility, and with the construction and ongoing operation of the tower. The applicant shall provide documentation on this subject upon the request of the City.
14. 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 two hundred (200) feet above the finished grade. Although the initial application and capacity may be for one antenna, the structure shall be designed to serve as a base for a reconstructed tower with the capacity for three (3) providers when constructed, to the maximum allowable height.
15. There shall be no handholds/footholds on the tower closer than forty (40) feet to the ground.
16. In granting a conditional use permit under any of the powers in this chapter, the Board of Zoning Appeals may stipulate the manner in which the conditional use shall be carried out or may require other improvements and safeguards as conditions as it deems necessary for the protection of the health, safety and welfare of owner, and occupants of surrounding lots or the public.
E. Sole Use on a Lot.
Wireless telecommunications facilities may be located as the sole use of a lot if approved as a conditional use subject to the following requirements:
1. Minimum Lot Size. The minimum lot size shall be a minimum of one (1) acre.
2. Minimum Yard Requirements. Towers shall not be located closer than three hundred (300) feet to any residentially zoned property. Equipment shelters or support facilities shall have a minimum setback of one hundred (100) feet to any property line or right-of-way. Security fences shall be no closer than three-tenths (0.3) feet to any property line.
3. Maximum Height. No tower, including the antenna, shall exceed two hundred (200) feet in height. All equipment shelters or support facilities shall not exceed twenty (20) feet in height.
4. Maximum Size of Equipment Shelter. No single shelter or support facility shall exceed three hundred (300) square feet in size, or if there is more than one, seven hundred fifty (750) square feet in aggregate size.
F. Combined with Another Use(s).
A wireless communications facility shall be located on a property as a conditional use with an existing use subject to the following conditions:
1. Existing Uses. The existing use(s) on the property may be any permitted use in the district, an approved conditional use, or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications shall not be considered an addition to the structure or value of nonconforming use.
2. Minimum Lot Area. The minimum lot area shall be one (1) acre needed to accommodate the tower (and guy wires, if used), the equipment shelter or supporting facilities, security fencing and buffer plantings.
3. Minimum Yard Requirements. Towers shall not be located closer than three hundred (300) feet to any residentially zoned property. The equipment shelter or support facility shall have a minimum setback of one hundred (100) feet from any property line or right-of-way.
4. Access. Service access to the facility shall, whenever feasible, be provided along the circulation driveways of the existing use. The applicant shall provide 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. Vehicular access to the facility shall not interfere with parking requirements or vehicular circulation on the site for the principal use.
5. Maximum Height. No tower, including the antenna, shall exceed two hundred (200) feet in height. All equipment shelters or support facilities shall not exceed twenty (20) feet in height.
6. Maximum Size of Equipment Shelter. No single equipment shelter or support facility shall exceed 300 square feet in size, or if there is more than one, 750 square feet in aggregate size.
G. 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 conditions:
1. Maximum Height. Twenty (20) feet or twenty percent (20%) of the building or structure height above the existing building or structure, whichever is greater.
2. If the applicant proposes to locate the telecommunications equipment in a separate shelter or support facility (not located on or attached to the building or structure), the shelter or support facility shall comply with the following:
a. The minimum setback of one hundred (100) feet from any property line or right-of-way.
b. Landscaping shall be planted in accordance with the provisions of Chapter 1181.
c. Vehicular access to the shelter or facility shall not interfere with the parking requirements or vehicular circulation on the site supporting the principal use.
d. The maximum size of a single shelter or facility shall not exceed 300 square feet, or if there is more than one, 750 square feet in aggregate size.
e. The maximum height of a shelter or facility shall not exceed twenty (20) feet.
(Ord. 2000-90. Passed 12-19-00.)