1294.01 Purpose.
1294.02 Objectives.
1294.03 Definitions.
1294.04 Applicability.
1294.05 Conditional use locations.
1294.06 General requirements.
1294.07 Approval procedures for conditional uses.
1294.08 Submittal requirements.
1294.09 Design standards.
1294.10 Certification of registered professional engineer.
1294.11 Reimbursement of expenses.
1294.12 Denial of request.
1294.13 Permit.
1294.14 Time limitation for beginning of construction.
1294.15 State or Federal requirements.
1294.16 Abandonment of tower.
1294.17 Nonconforming uses.
1294.99 Penalty; equitable remedy; cumulative remedies.
CROSS REFERENCES
Division of municipal corporation into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Municipal zoning regulations - see Ohio R.C. 713.12 et seq.
Telecommunications - see Ohio R.C. Ch. 4927
Incorporation of Zoning Code in Development Regulations - see P. & Z. 1250.07
Permits, certificates and licenses - see P. & Z. 1272.01
Development Services Director - see P. & Z. 1272.02
Antennas for amateur radio stations - see P. & Z. 1286.14
Telecommunications and utility right-of-way permits - see B. & H. Ch. 1446
Satellite dishes - see B. & H. Ch. 1462
The purpose of this chapter is to protect the health, safety and welfare of the public while not unreasonably interfering with the development of the competitive wireless telecommunication marketplace through the establishment of requirements for the installation of wireless communication facilities.
(Ord. 2014-27. Passed 8-5-14.)
The following are the City's objectives:
(a) To comply with the Telecommunications Act of 1996, including any follow-on rules and/or rule interpretation by the appropriate State and Federal agencies and the courts.
(b) To work pro-actively with the various wireless telecommunications service providers to ensure rapid and reliable deployment of their services and technologies while minimizing the negative impacts on the City.
(c) Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(d) Encourage the location of towers in non-residential areas.
(e) Minimize the total number of towers throughout the community.
(f) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single use towers.
(g) Encourage the owners and operators of wireless towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(h) Encourage owners and operators of wireless communications facilities and antennas to configure them in a way that minimizes the adverse impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques to be sure that, to the greatest extent feasible, wireless towers and antennas and ancillary facilities are compatible with surrounding land users.
(i) Consider the public health and safety of wireless communications facilities.
(j) Avoid potential damage to adjacent properties caused by wireless communications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed.
(k) To make available appropriate City owned property and structures for wireless communications facilities.
(Ord. 2014-27. Passed 8-5-14.)
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