1276.01 Satellite receiving dish.
1276.02 Wireless communication and cellular phone transmission towers.
1276.03 Contractor registration required.
1276.04 Appeals.
1276.99 Penalty.
CROSS REFERENCES
Municipal zoning - see Ohio R.C. 713.06 et seq.
Cable television - see B.R. & T. Ch. 810
Administration, enforcement and penalty - see P. & Z. Ch. 1262
Board of Zoning Appeals - see P. & Z. Ch. 1264
Districts generally and Zoning Map - see P. & Z. Ch. 1266
Use, area and height regulations - see P. & Z. Ch. 1268
Nonconforming uses - see P. & Z. Ch. 1270
Conditional zoning; planned unit developments - see P. & Z. Ch. 1274
Supplementary regulations - see P. & Z. Ch. 1278
Satellite dishes are permitted in all zoning districts. They must be mounted so as not to disturb the character of the district. All satellite dishes in the historic district are subject to review by the Design Review Commission.
(a) Construction permit required.
(1) Permit. No person, firm, partnership, corporation, trust or other legal entity shall construct an earth station or a ground station with a dish larger than one meter (39.37 inches) in diameter on residential property or two meters in diameter on commercial property without a zoning permit therefor, nor shall construction commence before a permit is issued in accordance with this chapter.
(2) Smaller dishes. Dishes less than one meter in diameter on residential property and dishes less than two meters in diameter on commercial properties that are affixed to a principal structure do not require a zoning permit. However, prior to installation the applicant shall provide evidence to the city’s building inspector certifying that the structure will support and not be adversely affected by the proposed dish.
(3) Front yard setback. All dishes regardless of size are prohibited in the yard area from the front of the structure being served to the street.
(b) Permit application; fee.
(1) The owner, or an occupant with written permission from the owner, of any lot, premises or parcel of land within the City who desires to construct an earth station or a ground station on such lot, premises or land parcel in accordance with section (a) above must first obtain a permit to do so from the Chief Building Official.
(2) The Chief Building Official shall issue such permit within thirty days provided that the applicant submits a written application upon forms provided and approved by the Official, along with a plot plan of the lot, premises or land parcel attached, showing the exact location and dimensions of the proposed earth station or ground station; a description of the kind of earth station or ground station proposed; the exact location and dimensions of all buildings or structures; and the manufacturer's construction plans and specifications, showing the elevations of the proposed earth station upon completion. Each application shall specify, among other things, the name and address of the owner of the real estate, the applicant, the manufacturer's construction plans and specifications and the contractor to be permitted the responsibility to construct such earth station in accordance with the plans, specifications and engineering requirements so submitted.
(3) The applicant shall present documentation of the possession of any license or permit required by any Federal, State or local agency pertaining to the ownership, construction or operation of an earth station or ground station, if required.
(4) The applicant shall submit a fee as required in Section 1278.23 with each application.
(c) Location.
(1) Ground-mounted.
A. No earth station or ground station, including its concrete base slab or other substructure, shall be constructed less than twelve feet from any property line or easement.
B. No earth station or ground station shall be constructed in any front or side yard, but it shall be constructed to the rear of the residence or main structure.
C. No earth station or ground station shall be linked physically or electronically to a receiver which is not located on the same lot, premises or parcel of land as is the earth station or ground station.
D. An earth station, not affixed to an existing structure, shall not exceed a grade height of fifteen feet from grade level to the top of the dish.
E. Wiring between an earth station or a ground station and a receiver shall be placed at least twelve inches beneath the surface of the ground.
F. An earth station or a ground station antenna shall be bonded to a grounding rod.
G. Ground-mounted earth stations or ground stations, not affixed to an existing structure, shall be located at least twenty-five feet from adjacent residential structures.
H. Any driving motor shall be limited to 110 volts maximum power design and shall be encased in protective guards.
(2) Roof-mounted. Earth stations shall not be permitted to be mounted on any accessory structure, nor shall they be mounted upon appurtenances such as, but not exclusive of, chimneys, towers, trees, poles or spires.
(Ord. 2001-081. Passed 8-6-01.)
(a) No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning and Zoning Commission that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna shall consist of any of the following:
(1) No existing towers or structures are located within the geographic area required to meet the applicant’s engineering requirements.
(2) Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements
(3) Existing towers or structures do not have sufficient structural strength to support the applicant’s antenna and related equipment.
(4) The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing tower or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.
(5) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(b) Wireless communication and cellular phone transmission towers are conditionally permitted in industrial zones, subject to the following conditions.
(1) The applicant shall demonstrate a good faith effort to install the antenna on existing structures in the area such as water towers, tall buildings, and antenna structures of other communication companies.
(2) The setback between the base of the support structure and any property line shall be the height of the tower plus ten percent of the tower height. No buildings unrelated to the tower are permitted in this fall zone.
(3) The applicant shall demonstrate that the proposed tower is safe and that the surrounding area will not be negatively affected by support structure, falling ice or other debris.
(4) A fence shall be required around the tower and equipment. The fence shall be at least eight feet in height or such other height as determined by the commission for security purposes. The commission may require wooden slats woven into the security fence for aesthetic purposes.
(5) Two off-street parking spaces shall be required.
(6) To minimize the number of towers in the City the tower shall be designed to accommodate other users including but not limited to police, fire, and emergency services.
(7) If the use of the tower requires licensing by any state or federal agency the applicant shall present evidence that such a license has been obtained.
(8) Any facility that is not operated for a continuous period of twelve months shall be considered abandoned and the owner shall remove the structure within six months of receipt of a notice from the City notifying the owner of such abandonment.
(9) No new wireless communication towers may be constructed within one mile of an existing support tower, unless it can be demonstrated to the satisfaction of the commission that the existing tower is not available for co-location of an additional wireless communication facility.
(10) The tower, facility, structures, and grounds shall be maintained in a neat and orderly manner.
(11) Support towers shall have such lighting as is necessary to satisfy federal aviation administration requirements. Security lighting for the equipment shelter and other on-the-ground ancillary equipment is permitted, as long as it is appropriately down shielded to keep light within the boundaries of the site.
(12) To the extent possible the applicant shall use materials, colors, screening and landscaping that will blend the tower facilities to the natural setting and the built environment.
(c) Required submissions for applications for new towers. If a conditional permit for a new support structure or tower is requested, the following items are required as part of the application.
(1) A statement addressing the items in section (b) above;
(2) A site and landscaping plan drawn to scale;
(3) A description of the tower with documentation establishing its structural integrity for the proposed uses;
(4) A statement concerning excess space, if any, and whether it will be leased;
(5) Proof of ownership of the proposed site or authorization to utilize the site;
(6) Copies of any easements necessary;
(7) An area map identifying any existing wireless telecommunications towers; and
(8) An analysis of the area containing topographical contours, tall buildings, and other factors influencing the tower location.
(d) Construction permit required. No person, firm, partnership, corporation, trust or other legal entity shall construct a wireless communications tower or cellular antenna without a conditional use permit and a building permit.
(Ord. 2001-081. Passed 8-6-01.)
No person, firm or corporation shall install an earth station or a ground station without first registering as a contractor in accordance with Chapter 1416 of the Building and Housing Code, except the owner or occupant of the premises. No person, firm or corporation shall install a wireless communication tower or cellular tower without first registering as a contractor in accordance with Part 14 of the Building and Housing Code of the Codified Ordinances of the City.
(Ord. 2001-081. Passed 8-6-01.)
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