1294.09   DESIGN STANDARDS.
   For the protection of the public health, welfare and safety, all principally and conditionally permitted wireless communications facilities shall meet or exceed the following standards.
   (a)   Co-Location. As a condition of issuing a permit to construct and operate a tower in the City, the owner/operator of the tower is required to allow co-location until said tower has reached full antenna capacity, but in no event shall the tower be able to accommodate fewer than one additional antenna for one additional provider. Antenna towers are not permitted to be built to a height which exceeds the applicant's service need as substantiated by the testimony of a radio frequency engineer. If the tower must be extended in the future to accommodate co-location, the initial tower foundation must be designed to support this co-location capacity, and the tower must be designed to accommodate this extension capability. The antenna tower setback defined in subsection (c) hereof must be based on the ultimate co-location tower height planned. This ultimate height must be specified on the drawings submitted. Tower height shall not be extended until co-locators are installed. Agreement to this provision must be included in the lease by the landowner, if different from the owner/operator of the wireless tower or antenna. Written documentation must be presented to the Planning and Zoning Commission evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this section as well as the requirements, regulations and standards established in this chapter. As an additional condition of issuing the permit to construct and operate the wireless tower or antenna in the City, the owner/operator of the tower is required to sign a statement that all disputes with future providers concerning co-location and the terms and conditions of co-location shall be submitted to commercial arbitration under a system selected by the parties, but if the parties are unable to agree, then under the auspices of the Commercial Arbitration Provisions of the American Arbitration Association.
   (b)   Separation. There shall be a separation of at least one quarter mile between new antenna towers. The Planning and Zoning Commission may waive this requirement for the purposes of clustering of towers and placement of towers on electric high tension towers or if the tower being considered for co-location is not capable of supporting additional antennas.
   (c)   Setbacks and Lot Area.
      (1)   Wireless communications facilities shall meet the minimum yard setback requirements as set forth in this Zoning Code for the zoning district in which the antenna and/or tower is proposed to be located. The lot on which the facility is located shall meet all lot area requirements for that zoning district. All new antenna towers shall provide the minimum setback defined by this chapter. Setback distances shall be measured from the property line on which the wireless communications facility is located to the closest point on the perimeter of the antenna tower, excluding guy wires and other similar miscellaneous stabilizers.
      (2)   Exceptions to antenna tower height and setback requirements:
         A.   New and replacement antennas located on or attached to any existing or new municipal water tower(s) located within the City of Pickerington; and
         B.   New antenna attached to the existing tower and a replacement tower up to 150 feet in height.
   (d)   Antenna Tower Design. All new and replacement wireless towers or antennas in the City shall be an approved design. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and its supporting equipment as unobtrusive as possible as determined by the City.
   (e)   Materials. Towers shall maintain a galvanized steel finish, noncontrasting gay or similar color that will minimize its visibility. The City reserves the right to require that these towers be painted a color so as to reduce visual obtrusiveness. If required by the FAA, towers may be painted pursuant to FAA or ODOT requirements.
   (f)   Service Equipment. The Development Services Director may require that all cable, conduit, piping, equipment and miscellaneous devices serving wireless telecommunication facilities shall be either buried or concealed within the structures involved if the aesthetics of the surrounding area dictate, except when otherwise required by the Ohio Building Code and the National Electrical Code. Towers located in commercial, industrial or manufacturing areas shall meet the requirements of the zoning district in which they are located.
   (g)   Accessory Structures. All principal structures, accessory structures, buildings, shelters and equipment enclosures, together with supporting development, including, but not limited to, fence enclosures, driveways, gates and miscellaneous pavement serving and supporting the operation of the antenna tower(s) and antenna(s), shall meet the following requirements:
      (1)   Compatibility. All development, including, but not limited to, buildings, shelters, enclosures, driveways, gates and miscellaneous pavement located in other zones shall meet the zoning standards of the underlying zone. Buildings, shelters, enclosures, driveways, gates and miscellaneous pavement located in other zones shall meet the zoning standards of the underlying zone and shall be aesthetically and architecturally compatible with the surrounding environment, as approved by the Planning and Zoning Commission.
      (2)   Development Services Director authority. When the antenna and antenna tower are a conditional use the Development Services Director shall review and approve the final design of all accessory buildings, shelters and enclosures for compliance with this chapter prior to the issuance of a permit. The Development Services Director may require additional plans, design modifications, and material specification changes and impose conditions of approval as are felt to be necessary to ensure building and/or shelter compatibility with the surrounding area.
   (h)   Storage. Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited.
   (i)   Fences. Screen fencing shall be provided for aesthetic and public safety reasons when the wireless communication facility, tower or antenna is ground based. All impact facilities are subject to this requirement. A fence six feet in height will be erected completely around the communication tower and any related support facilities. Fencing should be appropriate for the area in which the tower or antenna is to be located and compatible with the surrounding environment and the applicable City codes.
   (j)   Landscape. A landscaped buffer area compatible with the surrounding environment and the zoning district in which the facility is to be located shall be provided. If the tower is to be located in close proximity to a Residential District, the Development Services Director may require landscaping consistent with that of the adjacent area. Such landscaping may include, but not be limited to:
      (1)   A landscape buffer of not less than ten feet in depth shall be placed between the wireless tower or antenna and the public rights-of-way, Residential Zoning Districts, and any adjacent residential uses when the wireless facility is ground based.
      (2)   The ten foot landscape buffer shall consist of a tight screen fence of hardy evergreen shrubbery not less than six feet in height.
      (3)   The landscaping shall be continuously maintained and any dead material shall be promptly removed and replaced with living material of the same species. Additional or alternative landscaping buffers may be required by the Planning and Zoning Commission to meet the goals of the City and to be consistent with the surrounding area. All impact facilities and roof-top facilities are subject to this requirement.
   (k)   Illumination. Except as required by law, a wireless tower or antenna shall not be illuminated, and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by FAA regulations, white strobe lights shall not be permitted at night unless no other alternative is permitted by the FAA. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. Lighting for security purposes shall be permitted at the wireless communications facility with prior approval of the review authority specified in this chapter for the application involved.
   (l)   Advertising. No advertising shall be permitted on any wireless communications facility.
   (m)   Security. No-trespassing signs shall be posted around the wireless communications facility with a telephone number of a person to contact in the event of an emergency.
   (n)   Certification. Towers and antennas shall be designed and sealed by a registered professional engineer in accordance with the provisions of the Ohio Building Code and the National Electrical Code.
   (o)   Building Codes: Safety Standards. The owner of a wireless communications facility as defined in this chapter shall ensure that said facility is maintained in compliance with standards contained in all applicable State or local building codes and the applicable standards for such facilities published by the Electronic Industry Association as now exist or may hereafter be amended. If, upon inspection, the City determines that the facility fails to comply with any such codes or standards and constitutes a danger to persons or property, then upon written notice being provided to the owner of the facility, said owner shall have thirty days to bring said facility into compliance with such codes and standards. Failure to bring said facility into compliance within the said thirty days shall constitute grounds for the removal of the facility at the owner's expense.
   (p)   License to Operate. Owners and operators of wireless communications facilities shall submit copies of all franchises, certifications, licenses, and permits required by law for the design, construction, location and operation of wireless communications facilities within the City of Pickerington. Owners and operators shall be required to maintain same and to provide evidence of renewal or extension thereof when requested by the City.
   (q)   Underground Equipment Shelters. Underground equipment shelters will be required when appropriate screening of such shelters cannot be accomplished.
(Ord. 2014-27. Passed 8-5-14.)