(A) Purpose, definition, and effect.
(1) Purpose. It is the purpose of the regulations in this section to:
(a) Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while restoring the location and number in the city;
(b) Minimize adverse visual effects of communication towers and support structures through proper siting, design, and screening;
(c) Avoid potential damage to adjacent properties from communications towers and support structure failure; and
(d) Encourage the joint use of tall structures and any new and existing communications towers and support structures to reduce the number of such structures needed in the future.
(2) Definitions. As used in this section, the following terms shall have the meanings indicated:
(a) ALTERNATIVE TOWER STRUCTURE. Man-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
(b) ANTENNA. Any exterior apparatus designed for telephonic, radio, or television communications through the sending, relaying, and/or receiving of electromagnetic waves; including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whips.
(c) CELLULAR COMMUNICATION SERVICES. Personal communications accessed by means of cellular equipment and services.
(d) CELLULAR OR WIRELESS COMMUNICATIONS SUPPORT STRUCTURE. Any building or structure, including equipment shelter, guy wire anchors, accessory to, but not necessary for, the proper functioning of the cellular or wireless communications antenna or tower.
(e) CLEAR AND CONVINCING EVIDENCE. The measure of proof which will produce a firm belief as to the allegation sought to be established.
(f) CO-LOCATION. The process of providing space for more than one user on a tower of facility.
(g) HEIGHT. When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.
(h) PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicenced wireless services, and common carrier wireless exchange access services, including cellular services.
upplemental Regulations
(i) TALL STRUCTURES. Any structure or building, including, but not limited to, smoke stacks, water towers, buildings over 45 feet in height, antenna support structures of other cellular or wireless communication companies, and other communication towers.
(j) TOWER. Any freestanding structure that is designed and constructed for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission to towers, microwave towers, common-carrier towers, cellular telephone towers, and alternative tower structures.
(k) WIRELESS AND CELLULAR TELECOMMUNICATION EQUIPMENT. Antennas and satellite dishes, etc. which are used for transmitting, receiving, or relaying communications signals, except as such equipment has been preempted from regulation by the Telecommunications Act of 1996.
(l) WIRELESS AND CELLULAR TELECOMMUNICATION FACILITIES. Any cables, wires, lines, wave guides, support structure, antennas, and any other equipment or facilities associated with the transmission or reception of communications, as authorized by the Federal Communications Commission. However, WIRELESS AND CELLULAR TELECOMMUNICATION FACILITIES shall not include:
1. Any satellite earth station antenna two meters in diameter or less which are located in an area zoned industrial or which is granted approval as a conditional use.
2. Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.
3. Antennas used by amateur radio operators are excluded from this definition.
(3) Effect on other zoning regulations. The provisions of any other zoning regulation of the codified ordinances notwithstanding, the provisions of this section shall apply to all wireless and cellular telecommunications towers and facilities and shall supersede any contrary zoning regulations, including, but not limited to, zoning regulations related to essential services, public utilities, and height restrictions, modifications, and exceptions.
(B) General requirements.
(1) Wireless and cellular tele- communications towers and facilities are either permitted uses or conditional uses in a variety of zoning districts contingent upon a number of requirements being met. These criteria are in place in an attempt to minimize adverse health, safety, public welfare or visual impacts through buffering, siting, design, and construction, and reduction of the need for new towers.
(2) Registration of wireless and cellular telecommunications towers and facilities is needed as required in § 1282.13(C).
(3) Shared usage of towers and transmission facilities is encouraged and towers should be designed to accommodate such uses, including governmental telecommunication needs. Appropriate shared parking and access must be provided for co-located facilities on one tower.
(4) The applicant must co-locate its facilities except where the applicant can demonstrate by clear and convincing evidence that its facilities cannot be located on any other existing communication tower, building, or structure in the geographic area to be served, and that all reasonable means have been undertaken to avoid any undue impact caused by the "clustering" of towers within an area. The applicant must send a certified mail announcement to all other owners of existing towers and tall structure owners in the geographic area to served stating their siting needs and/or sharing capabilities. In determining whether a facility can or cannot be located on another communication tower, building, or structure, the city shall consider the space available on an existing structure, the technological practicality of the co-location, the financial feasibility of the co-location, and such other factors, as the city deems appropriate.
(5) Any applicable airport land use compatibility criteria/policies and Federal Aviation Administration regulations shall be met and requirements presented to the city prior to facility approval.
(6) The owner of any tower or facility shall indemnify and hold the city harmless against any and all claims, demands, suits, causes of action or judgement due to any injury, including death, damage caused by the operation or construction of the tower or facility.
(7) The owner of any tower or facility shall maintain public liability and property damage insurance that protects the owner of any tower or facility and the city, naming the city as an additional insured, as well as the city's officers and agents and employees. The insurance shall provide coverage at all times of not less than $1,000,000 for personal injury to each person and $1,000,000 for each occurrence involving property damage plus costs of defense or a combined single limit policy of not less than $5,000,000 covering all claims plus costs and defense. The policy shall provide that the insurance shall not be canceled or materially altered without 30 days written notice first being given to the city. If the insurance is cancelled or materially altered, the owner of any tower or facility shall provide a new policy with the same terms. The owner of any tower or facility agrees to maintain continuous, uninterrupted coverage in the amounts required for the duration of the tower. The owner of any tower or facility shall maintain on file with the City Treasurer a certificate of such insurance.
(C) Registration of wireless and cellular telecommunications facilities, carriers, and providers.
(1) Registration is required by all telecommunication tower owners and carriers and providers that offer or provide any telecommunications services for a fee directly to the public from wireless and cellular telecommunications facilities within the city. The registration forms to be provided to the city are available from the Zoning Administrator. A fee of $100 shall be charged for the registration.
(2) Each owner shall inform the city within 60 days of any change of the information set forth on the registration form.
(3) Wireless telecommunication towers and facilities registration must be renewed on a biennial basis, at the beginning of each even-numbered year. The registration must be accompanied by the $100 fee. The telecommunication tower or facility owner/ operator must submit the registration to the Planning Department of the city by February 1 of the applicable year.
(D) Wireless and cellular telecommunication towers and facilities structural requirements. No wireless and cellular telecommunication tower and/or facility shall be designed and/or sited such that it poses a potential hazard to nearby improvements or surrounding properties. The structural integrity of towers and facilities must meet the applicable OBBC and IEA/TIA 222 standards and be designed by a professional engineer qualified in electrical/structural design. A building permit will only be issued when these requirements are met to the satisfaction of the Building Superintendent.
(E) Zoning districts and locations where wireless and cellular telecommunication towers and facilities are permitted.
(1) Principally permitted. Towers and facilities are principally permitted in the Public and Institutional District and Heavy Industrial District subject to the provisions of division (I) of this section.
(2) Conditional uses. Towers and facilities not to exceed a total of 200' in height shall be permitted as a conditional use when expressly authorized by the Planning Commission and subject to the provisions of division (I) of this section.
(3) Administrative approval by Zoning Administrator. Wireless and cellular tele-communication facilities of a height not to exceed the lesser of 25 feet or 25% of height of structure, shall be permitted in zoning districts Business C and Business D subject to division (J) of this section.
(4) Tower and facilities located on publicly owned property subject to division (K) of this section.
(5) Wireless and cellular tele- communications towers and facilities are permitted to locate with existing electrical transmission towers in all zoning districts subject to division (L) of this section.
(F) Application procedure.
(1) Any person or company intending to apply for the placement or operation of cellular or wireless communications tower or facilities within the city shall first schedule a pre-application conference with the Zoning Administrator. At the conference, the perspective applicant must present to the Zoning Administrator any proposed locations for siting of towers and equipment. The information should identify possible locations, tower and tall structure heights, and the possibility of co-location.
(2) The purpose of the pre-application conference will be to, generally, evaluate the impact on adjacent areas and neighborhoods, discuss co-location, identify suitable sites that minimize any negative impact on surrounding areas.
(3) Upon the completion of the pre- application conference, an application may be files with the Zoning Administrator. The applicant must comply with the requirements of this chapter.
(4) A $250 application fee will be charged for each new cellular or wireless telecommunication tower or facility, including co-location equipment on existing towers. This fee shall be in addition to any applicable building permit fee.
(G) Application requirements.
(1) The location of all existing facilities and towers owned or used by the applicant within the city and outside the city limits within a quarter mile radius. Provide the following information for each existing facility.
(a) Type and size of the tower and facilities at each location.
(b) The type and accessory equipment and/or building located at each site.
(c) The ground network and associated land lines utilized by each tower.
(2) The general location of planned future towers and facilities.
(3) For each specific tower location shown on the plan, there must be a schedule showing:
(a) Type and size of the tower facility at each location.
(b) The type of accessory equipment located or proposed on each tower.
(c) Type, size, and location of any support structure to be used by the tower for which the application is being submitted.
(d) The ground network and associated land lines, if any, utilized by each site.
(e) A site plan showing the parcel on which any existing tower is located.
(f) Detailed drawing of screening plan and related design standards.
(4) Copies of all certified mail announcements to all other owners of towers and tall structures must be attached to the application. See division (B) of this section.
(5) Notification from the FAA and local airport describing any requirements to be set forth on the tower and its location.
(H) Existing wireless and cellular telecommunication towers and facilities.
(1) Existing wireless and cellular telecommunication towers and facilities which do not comply with the conditions of this section at the time of its adoption shall be classified as non-conforming. The owner and/or operator must, however, comply with any registration requirements set forth in this section. Further co-location of facilities on existing towers and changes to the towers or facilities must comply with requirements of this section, except as provided in division (2) below.
(2) To encourage co-location on existing towers, the height of non-conforming towers may be increased to 200 feet.
(I) Designing standards for wireless and cellular telecommunications towers and facilities.
(1) All telecommunication towers, support structures, and associated facilities shall be enclosed with a six foot high, solid fence or barrier and a continuous evergreen hedge, a minimum of 30 inches in height on the outside of the fence or barrier. Applicant is responsible for installation and maintenance of the fence or barrier and hedge.
(2) Proof shall be provided by the applicant in a form satisfactory to the Planning Director 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.
(3) 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 Planning Director prior to city approval of the facility. Furthermore, telecommunication towers are discouraged from locating in areas which would require special painting or lighting by the FAA regulations.
(4) Setback requirements. Towers shall be located no closer than 500 feet from a residential zoning district line, and no closer than 250 feet to a public street right-of-way, and no closer to any property lines than 25% of the height of the proposed tower.
(5) The minimum size of a parcel on which a tower is located shall be two acres and no more than one tower may be located on a parcel. Parcel means a separate tract of land as determined by the Hamilton County Auditor's Office.
(6) No advertisement of any kind shall be installed on telecommunication towers and/or facilities.
(7) 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 conditional use, the Planning Commission may require an alternative tower structure to blend into the existing environment. The towers shall be maintained in accordance with Chapter 1426 and 1428 of the Reading Codified Ordinances.
(8) Towers erected in public and institutional, heavy industrial, and light industrial zones shall be 200 feet or less in height.
(J) Designing standards for wireless and cellular telecommunications facilities as attachments to existing structures. Telecommunication facilities on existing structures are permitted in all districts as specified in division (E) of this section, subject to the following standards:
(1) Existing tall structures include water towers, smoke stacks, buildings, lighting standards, or other structures.
(2) Telecommunication facilities on existing structures must be aesthetically and architecturally compatible with the surrounding environment.
(3) The maximum height of such telecommunication facilities shall not exceed the lesser of 25 feet or 25% of the height of the structure on which it is located. If located on a building, such facilities must be set back from the edge of the building a distance equal to the height of the facility. Any facility which will not extend more than ten feet above the height of the building and flush-mounted panel antennae are exempt from the setback requirements in this division.
(K) Standards for wireless and cellular towers and facilities on publicly owned property.
(1) Towers and facilities may be permitted on any city owned property subject to the following:
(a) The property must be leased from the city at its sole discretion.
(b) The maximum height and design of any tower and/or facility on city property shall be determined by City Council.
(c) All design standards in divisions (I) and (J) of this section shall apply to towers and facilities under this division, except for the setback requirements in division (I) of this section.
(2) Towers and facilities may be permitted on any city school owned property subject to the following:
(a) Planning Commission approval of a conditional use for the tower or facility located on property located in any residential district.
(b) Reading School Board approval is required.
(c) The maximum height of any tower and/or facility shall not exceed 200 feet in height.
(d) All design standards in divisions (I) and (J) of this section shall apply to towers and facilities under this section except for setback requirements in division (I)(4) of this section.
(3) Towers and facilities may be permitted on any other publicly owned property subject to the following:
(a) A conditional use must be approved by the Planning Commission for any publicly owned property located in a district in which towers and/or facilities are not a principally permitted use.
(b) The maximum height of any tower and/or facility shall not exceed 200 feet in height.
(c) All design standards in divisions (I) and (J) of this section shall apply to towers and facilities under this section except for setback requirements in division (D) of this section.
(L) Wireless and cellular telecommunication tower and facility location with existing electrical transmission towers.
(1) Wireless and cellular telecommunication towers and facilities are permitted and encouraged to utilize existing electrical transmission towers which have a height of at least 120 feet.
(2) The height of the wireless and cellular telecommunication towers and facilities shall not exceed a total of 200 feet.
(3) Divisions (I)(3) and (6) of this section shall apply.
(M) Removal of abandoned wireless and telecommunication towers and facilities.
(1) All wireless and cellular telecommunication towers and facilities shall be removed within six months after they are no longer used. All owners or operators of such towers and facilities shall notify the Zoning Administrator in writing of the date upon which such towers or facilities are no longer used.
(2) Wireless and cellular telecommunication towers and facilities which are not removed within six months after they are no longer used are hereby declared to be a public nuisance and shall be abated by removal of such towers and/or facilities.
(3) The Zoning Administrator shall serve written notice on the owner or operator of the tower and/or facilities and the lessee and/or owner of the property upon which such tower and facilities are located ordering removal of the tower and/or facilities within 120 days of the receipt of the notice.
(4) In the event that the tower and/or facilities are not removed within 120 days after the written notice, then the Zoning Administrator is authorized and directed to abate such public nuisance by causing the removal of the tower and/or facilities at the expense of the owner or lessees of the tower, facilities, or property.
(5) The cost of removal of the tower and/or facilities by the Zoning Administrator shall be certified by the Hamilton County Auditor as a lien for assessment and collection against the real property upon which the tower and/or facilities were located in the sale manner as general taxes and returned to the city's general fund.
(Ord. 2003-51, passed 5-20-03)