1157.10 ZONING DISTRICTS AND LOCATIONS WHERE WIRELESS, CELLULAR TELECOMMUNICATIONS TOWERS AND FACILITIES ARE PERMITTED.
   (a)    Facilities Located Inside Existing Structures. Wireless, Cellular and Small Cell Telecommunication Facilities are permitted inside existing structures subject to all relevant sections of this Chapter including the relevant design standards and as follows:
      (1)    Any Commercial Zone
      (2)   Any Industrial Zone
      (3)   Inside Non-Residential Structures in any zoning district.
Design Standards: These facilities may be Administratively Approved if in compliance with all relevant code sections. Any and all equipment, support structure, antenna, or other portion of the facility must be located completely inside of an existing structure. In addition, the installation and future operation of the site must not remove, alter, destroy, or change in any way, including existing exterior material(s), the outside appearance of the structure. If these criteria are not fully satisfied, the facility shall be deemed to be a wireless, cellular telecommunication facility located on an existing structure and must comply with the appropriate locations and design regulations.
   (b)   Facilities Located on Existing Towers. Wireless, Cellular Telecommunication Facilities are permitted on existing towers subject to all relevant sections of this Chapter including the relevant design standards and as follows:
      (1)   Any zoning district where a tower already exists. This is not to be interpreted as allowing the expansion or extension of a tower in height or width. Any expansion of that nature must follow all regulations related to new towers.
      These facilities may be Administratively Approved if in compliance with all relevant code sections.
   (c)    Facilities Located on Existing Structures. Conditional Uses. Wireless, Cellular Telecommunication Facilities are permitted as Conditional Uses on existing structures subject to all relevant sections of this Chapter including the relevant design standards and as follows:
      (l)    Any Commercial Zone
      (2)    Any Industrial District
      (3)    On Non-Residential Structures in any zoning district.
      (4)   On publicly owned property defined in this Chapter as any real property owned by the City of Oxford, Talawanda School District, Miami University, or Oxford Township.
   These facilities may only be approved through the Conditional Use process as set forth in Chapter 1147 of the Oxford Zoning Code and are subject to all other relevant code sections contained in this Chapter.
      Conditional Use Application Consideration:  
      (1)   Setback Requirements. If located on a building, such facilities must be setback from the edge of the building a distance equal to the height of the proposed facility. Flush-mounted panel antennae are exempt from the setback requirement in this subsection.
      (2)   Height Limits. The maximum height shall not exceed the lesser of the following:
         A.   Twenty-five feet
         B.   Twenty-five percent (25%) of the height of the structure on which the facility is to be located.
      (3)   Support Structure. The outside storage of equipment, if not located inside the structure on which the tower, antenna, or equipment is located, shall be screened by a minimum six foot high solid fence or barriers and continuous evergreen hedge or trees of a size deemed appropriate by the City Council. The screening shall be maintained in good condition. Any solid fence or barrier shall contain no advertising, but may contain one, small identification sign not to exceed one square foot in size. The applicant is responsible for ensuring that the Telecommunication Facility is kept free of weeds and trash.
   (d)    New Towers - Conditional Uses. Wireless, Cellular Telecommunication Facilities are permitted as Conditional Uses on new towers subject to all relevant sections of this Chapter including the relevant design standards and as follows:
      (1)   Any Industrial District - M-1 District.
      (2)   On publicly owned property defined in this Chapter as any real property owned by the City of Oxford, Talawanda School District, Miami University, or Oxford Township and as designated on the approved publicly owned property for wireless and cellular telecommunications map. The designated map shall be completed and subsequently updated as given in Section 1157.10.
   These facilities may only be approved through the Conditional Use process as set forth in Chapter 1147 of the Oxford Zoning Code and subject to all other relevant code sections contained in this Chapter. Applicants for new towers must demonstrate that there is not technically suitable space available on or inside an existing tower or structure within the geographic area to be served. As noted in the permit application section of this Chapter, the applicant shall list the location of every tower, building, or structure within the city limits that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not available on or inside an existing tower, building, or structure within such area.
         A.   Design Standards
            1.   Accessory Structures. Freestanding towers are considered Accessory Structures and, therefore, may be located on the same lot as a principal structure, subject to all other provisions contained within this chapter. In order to encourage co-location there is no limit as to the number of free-standing towers which may be considered accessory structures on a particular lot subject to all other provisions of this chapter and approved by City Council.
            2.   Minimum Setback From All Property Line. No tower shall be located a distance less than its height from the nearest property line.
            3.   Minimum Setback From Any Residential Structure. No tower shall be located less than 500 feet from any residential structure.
            4.   Height Limits. The applicant must show that the proposed height of the tower is reasonably necessary in order to render satisfactory service to all parts of the service area and to accommodate co-location. No tower shall be taller than 200 feet.
            5.   Support Structures. The maximum size of any building, such as those used to shelter equipment, shall not exceed 400 square feet per user of the telecommunications facility. In addition, all accessory buildings shall meet minimum setback and yard requirements for principal structures in the appropriate district regulations.
            6.   Parking. Equipment at a wireless and cellular telecommunication facility shall be automated to the greatest extent possible to reduce traffic and congestion. Existing roads shall be used for access where possible, and be upgraded to the minimum amount necessary to meet standards specified by the City Engineering Department. Existing parking areas shall, wherever possible, be used. Appropriate parking must be provided for shared usage.
         B.   Design Standards for facilities on public owner properties
            1.   General. The City of Oxford and other owners of publicly owned property as defined in this code may lease publicly owned property for wireless and cellular telecommunications facilities. Publicly owned structures may include, but are not limited to, the following: public safety telecommunications towers, water towers, the roofs of governmental buildings or schools, and similar locations.
            2.   Existing Structures. Facilities attached to an existing structure are subject to the requirements and design standards as set forth in this Chapter.
            3.   Tower Structures. Requirements and design standards for wireless and cellular telecommunication facilities and towers are subject to the requirements and design standards as set forth in the this Chapter.
               (Ord. 3374. Passed 10-18-16.)