(A) Purpose. This section creates the framework for wireless communication regulations so that wireless communication facilities can be sited in a manner which provides comprehensive service to the community, protects the community from clutter and design and is compatible with existing and future land use. The guidelines also encourage facilities to be located in areas least disruptive to residential areas, improve the appearance of the community, safeguard and enhance property values, and protect public and private investment in buildings and open spaces.
(B) Definitions. For the purposes of this section, the following definitions shall apply:
ACCESSORY. A subordinate structure, building or use that is customarily associated with the primary use. For the purpose of this section, this term shall mean TOWER.
ANTENNA. A device used to collect or broadcast electromagnetic waves, including both directional antennas, such as panels and microwave dishes.
SIGN. Any structure, fixture, placard, announcement, declaration or device used to advertise or promote any business, product, goods, activity, services or any interest.
TOWER. A structure designed and intended to support one or more antennas. The term includes lattice-type structures, either guyed or self-supporting, and monopoles, which are self-supporting pole-type structures, tapering from base to top and supporting a fixture designed to hold one or more antennae.
(C) Location. Wireless communication towers shall be authorized in A2 Agriculture, A3 Agriculture general business and light and heavy industrial areas and shall require a special exception from the Board of Zoning Appeals.
(D) Existing Towers. Any tower which is legally established on the effective date of this chapter may be used for wireless communication facilities as long as the height is not increased nor the location of the tower changed.
(E) Height Restriction. No tower may be at a height greater than 250 feet in an A2 or A3 zoned district. No tower shall be at a height greater than 200 feet in light or heavy industrial zoned districts and no tower shall be at a height greater than 150 feet in a general business zoned district.
(F) Distance. Wireless communication facilities towers may not be located within one mile from any other wireless communication tower, nor within 500 feet of any residential dwelling. No tower shall be within 300 feet of any state or county road measured from the right-of-way line.
(G) More than One User. Sufficient land shall be secured by the initial wireless communication facilities tower provider to reserve adequate area for more than one equipment structure. All towers shall be designed and constructed so that more than one wireless communication company may attach equipment to the tower. When applying for an improvement location permit, the owner of the tower shall provide assurance that the tower is available for use by other wireless communication providers.
(H) Guy Anchorages. Any guy anchorages shall not be located less than ten feet from the property line in which the tower is located.
(I) Maintenance. Where multiple uses of a site are involved, the owner of the site shall be responsible for the installation and maintenance of landscaping and upkeep of the site.
(J) Sign Prohibited. No lettering, symbols, images, trademarks, signs or advertising of any kind shall be placed on, or affixed to, any part of the tower or structure, other than as required by Federal Aviation Administration, Federal Communication Commission or other agency regulations or as required to protect public health and safety.
(K) Equipment Structure. Equipment structure shall be located in compliance with the specific accessory structure requirement for the district in which the site is located; however, no equipment shall be larger than 300 square feet in area, with a maximum height of 15 feet.
(L) Special Exception. Where wireless communication towers are permitted by special exception, an application for the wireless communication facility must be filed with the Board of Zoning Appeals. A public hearing and notice to the adjoining property owners is required in accordance with the rules of procedure of the Board. The Board may grant the special exception only if the following conditions are met:
(1) The grant will not be injurious to the public health, safety, morals, convenience or general welfare.
(2) The grant will not materially and substantially interfere with the lawful use and enjoyment of adjoining property and the surrounding community.
(3) The grant will assure that the design of the wireless communication tower is compatible with the surrounding area.
(4) The grant is consistent with the 1996 Telecommunications Act.
(5) The grant is consistent with the statement of purpose set forth in this section and does not interfere with the comprehensive plan of the county.
(M) Improvement Location Permit. If the Board of Zoning Appeals grants the special exception, the following items shall be furnished to the Administrator:
(1) Site plans of the area drawn to scale.
(2) A description of the wireless communication tower and its design.
(3) Documentation establishing the structural integrity of the tower.
(4) A statement that the tower meets the standards of the American National Standards Institute.
(5) A statement regarding the availability of another wireless communication facility provider to use the tower as required above.
(6) Proof of ownership of the proposed site, or property owner's consent to use the site for a wireless communication facility.
(7) FAA release.
(8) Site location of all towers within one-half mile radius of this location.
(N) Tower Removal. Any tower which ceases to be used for a period of one year shall be removed. Before obtaining an improvement location permit for a tower, an applicant which is not also the owner of the property, must provide recordable evidence of a written agreement between the wireless communication facility operator and the property owner that the wireless communication facility operator has agreed to remove the tower as required and further granting a right of access of the tower to the Miami County Plan Commission to enforce the cause to remove the tower. All past users of the tower and the owner of the property upon which the tower is located shall be jointly and severally liable for the cost incurred by Miami County Plan Commission in accomplishing the removal.
(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999