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(A) Zoning.
(1) Towers shall be permitted as special uses only in the Business, Industrial and Manufacturing Districts, and as such are subject to the approval of the Board of Zoning Appeals.
(3) If a tower is located in an overlay zone, it may also be subject to ADLS approval in accordance with the development standards established for that overlay zone.
(B) Lighting. A tower may not be illuminated by artificial means or display strobe lights unless such lighting is specifically required by federal or state law for that tower. However, when incorporated into the approved design of a tower, light fixtures that are used to illuminate athletic fields, parking lots, stadiums or other such facilities may be attached to the tower.
(C) Landscaping. A 15-foot landscaped and maintained area, composed of trees not less than two and one-half inches (caliper) in size (measured at 40 inches and spaced 50 feet on center), and including a solid visual buffer or screen of at least five feet in height, shall be provided on all sides of a tower, unless otherwise determined by the Commission (pursuant to ADLS review) or unless otherwise required by the Board for a special use or special exception.
(D) Signage. No sign (other than a warning or equipment information sign needed for health and safety imposes) may be affixed to a tower.
(E) Interference. Any telecommunications services provided or transmitted via a tower must comply with all federal and state laws regulating interference levels and emissions.
(F) Collocation. In the case of an application for a special use or special exception seeking approval for the erection of a new tower, the Board shall, before approving such special use or special exception, require the applicant to make a written commitment that:
(1) If technologically feasible, the tower will be designated and erected in such manner that it can reasonably accommodate the equipment of up to four wireless telecommunications service providers (however, if a public safety agency wants to locate its equipment on the tower, the agency may be counted as one of those service providers);
(2) The owner of the tower will offer to any wireless telecommunications service provider that seeks to collocate its equipment on the tower commercially reasonable lease or license terms, so as to accomplish the purpose of minimizing the number of such towers that must be erected in the Rising Sun/Ohio County community, and agree to submit any disputes regarding the commercial reasonableness of such terms to binding arbitration; and
(3) The owner of the tower will notify the Building Inspector within 30 days after any oral or written communication from a wireless telecommunications service provider inquiring about collocation on the tower, providing the Building Inspector with the name and address of the provider making the inquiry.
(G) Enforcement. A commitment made under division (F) above shall be recorded pursuant to state statute and may be enforced by the Board, by the Director or by any wireless telecommunications service provider that desires to collocate its equipment on the tower subject to the commitment, if, after 30 days notice from the Board, a person subject to a binding commitment refuses to honor or abide by such commitment, the special use or special exception approval shall be revoked by the Board.
(H) Submittal requirements.
(1) Plot plan. An application for a permit to erect a tower must include a plot plan showing the proposed location of the tower.
(2) Site plan. An application for a permit to erect a tower must include a site plan that shows not only the locations of all structures on the subject parcel but also the locations of all structures on adjacent parcels.
(3) Code compliance. An application for a permit to erect a tower must include a report from a qualified professional engineer that:
(a) Describes the tower height and design including a cross-section and elevation;
(b) Documents the height above grade for all potential mounting positions for collocation of equipment and the minimum recommended separation distances between wireless telecommunications service antennas;
(c) Describes the tower’s capacity, including the number and types of antennas that it can accommodate;
(d) Documents that the applicant will operate the tower and any attached antennas in compliance with applicable federal and state law;
(e) Documents that the applicant has, before filing the application, investigated the possibility of collocation with the owners of all other towers in the vicinity; and
(f) Includes any other information that may be reasonably requested by the Director as necessary to evaluate the application.
(4) Inspection. Before a tower is placed in service, the owner must submit to the Director a report from a qualified professional engineer that demonstrates that the tower complies with all structural and electrical standards.
(I) Abandonment of tower. If a tower is abandoned or remains unused for a period of six months, the owner shall remove the tower and all associated facilities from the site. Such removal shall be completed within 12 months of the cessation of operations at the site. In the event that a tower is not removed within the required 12-month period, the Director may remove the tower and the associated facilities, and the costs of such removal shall be assessed against the owner of the parcel.
(J) Nonconforming use. Any tower or radio or television transmission antenna in existence or operation as of the effective date of the ordinance from which this code was derived may continue to exist and operate as a nonconforming use. Such a tower or antenna may be repaired, reconstructed, replaced or maintained without a use variance or special use or special exception approval so long as the use is not substantially altered and the height of the antenna or tower is not increased. This division (J) authorizes the owner of a tower or antenna to construct a new tower or antenna on the same premises at a height not to exceed the existing tower or antenna if the use of the premises is not substantially altered and the existing tower or antenna is removed immediately upon completion of the new tower or antenna.
(K) Transitional provisions. This division (K) applies to any application for a variance to erect a tower which is pending before the Board on the effective date of the ordinance from which this chapter was derived. The applicant may request that the Board treat such a variance application as if it were a special use or special exception application filed pursuant to the above provisions of this section. If the Board grants such a request, the application shall then be approved or rejected by the Board in accordance with §§ 156.045 through 156.053 of this code, as added by the amendatory ordinance.
(Ord. 2003-5, passed 11-3-2003)
(A) (1) Upon approval by the appropriate authority, chimney stacks, church spires, monuments, flagpoles, water towers, stage towers or scenery lofts, may be erected to minimum height appropriate unless prohibited by other laws.
(2) In the Business, Industrial and Manufacturing Districts, special use approval of a tower (or antenna mounted on another structure) may include an increase in height to not more than 150 feet.
(3) In the Residential Districts, special exception approval of a tower (or special use approval of an antenna mounted on another structure) may include an increase in height to not more than 120 feet.
(B) On corner lots the minimum buildable width of 28 feet for main buildings is reduced to 22 feet for accessory buildings. In addition, no tower may be erected between a principal building and a street, except in the required side yard in Manufacturing or Industrial Districts.
(C) Accessory uses are permitted in the required front yard in the Business, Industrial and Manufacturing Districts. However, a tower must meet all setback requirements of the district in which it is erected, except that in the Industrial and Manufacturing Districts a tower may encroach into the required rear yard so long as the rear property line does not abut a Residential District. In addition, If a tower is permitted as a special exception in a Residential District, the tower must be built:
(1) Not less than 100 feet, plus one additional foot for every foot of the tower’s height, from the property line of any parcel used for residential purposes; and
(2) Not less than one-half mile from any other existing or approved tower on which collocation is possible.
(Ord. 2003-5, passed 11-3-2003)
GENERAL REGULATIONS
The lawful use of a building or premise, existing at the time of the passage of the ordinance comprising this chapter, may be continued although such use does not conform to all the provisions of this chapter, subject to the following conditions:
(A) May be extended. A nonconforming use may be extended throughout a building provided the size of the structure is not increased.
(B) May be changed. A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, upon authorization by the Board, provided the size of the structure is not increased.
(C) Use cannot be changed to nonconforming use. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use.
(D) No building erected on nonconforming use premises. No building shall be erected upon any premises devoted to a nonconforming use, except in conformance with the provisions of this chapter.
(E) Temporary nonconforming use. The Board may authorize, by written permit, in a district permitting residential use, for a period of not more than one year from the date of such permit, a temporary building for business or industrial use incidental to the residential construction and development of said district.
(F) Discontinuance of nonconforming use. In the event that a nonconforming use of any building or premises is discontinued for a period of at least one year, the use of the same shall hereafter conform to the uses permitted in the district in which it is located, and provided further that any nonconforming dwelling which is deficient in ground floor area, and which may be removed from a lot, shall relocate on a lot in accordance with the provisions of this chapter.
(G) Damage to nonconforming use. Any nonconforming building or structure damaged more than 60% of its then fair market value, exclusive of the foundation, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, shall not be restored or reconstructed and used as before such happening; but if less than 60% damaged above the foundation, it may be restored, reconstructed or used as before, provided that it be done within six months of such happening. However, if the building is a single-family dwelling and damage is more than 60% of its then fair market value it may be rebuilt to at least the same ground floor area, provide that required side yards are established. (Mobile homes are permitted in mobile home parks in the R-1C Mobile Home Park District and the A-1 Agriculture District.)
(H) Honoring previous permits. Nothing herein contained shall require any change in the plans for the construction or designated use of a building for which an improvement location permit or a building permit has been heretofore issued and the actual construction of which has been diligently prosecuted within 90 days of the date of such permit, and which entire building shall be completed according to such plans filed within three years of such permit. Actual construction is hereby defined to include the erection of construction materials in permanent position and fastened in a permanent manner.
(I) Buildings may be made safe. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building declared unsafe by proper authority.
(J) Nonconforming use resulting from amendment. These provisions apply in the same manner to a use which may become a nonconforming use as a result of an amendment to this chapter.
(K) Nonconforming use in Floodplain District. Any building, structure or use of land in the FP Floodplain District which is not in conformance with the requirements of this chapter constitutes a nonconforming use. All applications to repair, extend or enlarge a nonconforming use in the FP District shall be forwarded to Natural Resources for review and comment. All terms and conditions imposed by Natural Resources shall be incorporated into the issuance of any resulting improvement location permit (or building permit) issued by the Zoning Inspector.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004)
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