In addition to conditional use requirements of Section 1111.08, any freestanding cell tower, in the M-1 Light Industrial District and M-2 Industrial District comply with the following specific standards and conditions:
(a) Definition: Any commercial freestanding pole or tower that is located outside of the public right-of-way having one or more antennas attached and by which signals are transmitted and received.
(b) All telecommunication towers, support structures, and associated facilities shall be enclosed within a minimum six-foot-high fence or barrier and a continuous evergreen hedge a minimum of 30 feet in height on the outside of the fence or barrier. Applicant is responsible for installation and maintenance of the fence or barrier and hedge.
(c) Proof shall be provided by the applicant in a form satisfactory to the Administrator that the proposed installation has been approved by and will be operated in compliance with all agencies and governmental entities having jurisdiction, including but not limited to the Ohio Department of Transportation, the Federal Aviation Administration, the Federal Communications Commission or the successors to their respective functions.
(d) Lights, beacons or strobes of any kind shall not be permitted on any tower, antenna, or facilities unless required by the Federal Aviation Administration. Any such requirements must be presented to the Administrator prior to approval of the facility. Furthermore, telecommunication towers which would require special painting or lighting by the FAA regulations are discouraged.
(e) Setback requirements. Towers shall be located no closer than 250 feet from any residential zoning district line, and no closer than 100 feet to a public street right of way and no closer to any property lines than 25% of the height of the proposed tower unless an exception is granted by the Planning Commission.
(f) The minimum steeps a parcel on which a tower is located shall be one acre and no more than one tower may be located on a parcel.
(g) No advertisement of any kind shall be installed on telecommunication towers and/or facilities.
(h) The towers shall be painted a non-contrasting gray or similar color minimizing their visibility, unless otherwise required by the Federal Communications Commission or Federal Aviation Administration. When permitted as a special exception, the Planning Commission may require an alternative tower structure to blend into the existing environment. The towers and accessory structures shall be well maintained.
(i) Towers shall be 200 feet or less in height.
(j) The Planning Commission shall consider the following factors in determining whether the application should be approved:
(1) Compliance with the requirements of this section;
(2) Height of the proposed tower or facility and its proximity to residential structures and residential districts;
(3) Nature of the potential for adverse effects on uses on adjacent and nearby properties;
(4) Relationship of surrounding topography to the view from nearby properties;
(5) Surrounding tree coverage and foliage and the ability to screen the facilities from the view of nearby properties;
(6) Design of the tower or facility, with particular regard to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(7) Proposed ingress and egress for maintenance, safety, and prohibition of nuisances;
(8) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, with regard to the following:
A. New towers shall be approved only when other preferable alternatives are not available. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Commission that no existing tower, structure, or alternative technology is available to fill the communication requirements.
B. An applicant shall submit required information for review by the Planning and Zoning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
1. No existing towers or other suitable structures are located within the specific geographic limits meeting the applicant's engineering requirements.
2. Existing towers or structures either do not have sufficient height to meet the applicant's engineering requirements, or have insufficient structural strength to support the applicant's proposed antenna and related equipment.
3. The applicant's proposed antenna would cause frequency interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
4. The fees, costs, or contractual provisions required by the owner in order to share or to adapt for sharing an existing tower or structure, are unreasonable. Costs that would exceed new tower development is an example of what may be presumed to be unreasonable.
5. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
6. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a DAS or CMN using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable, but may be considered as a factor in the decision.
7. The applicant provides documentation that other tower owners were contacted in writing demonstrating the above considerations.
(k) In granting a conditional use, the Planning and Zoning Commission may impose conditions to the extent necessary to minimize any adverse effect of the proposed, tower or antenna support structure, on adjoining properties or to meet the review considerations of this section.
(Ord. 18-22. Passed 10-3-22.)