The purpose of this section is to establish standards and procedures for the development of a high quality wireless telecommunications system to serve the residents of the City of Springboro (the "City") and to regulate the placement, construction and maintenance of personal wireless service facilities in accordance with the City's stated land use objectives and policies for such facilities, Title VII Section 713 of the Ohio Revised Code and the provisions of the National Wireless Siting Policy as set forth in Title 47 U.S.C. 332(c)(7). This section shall apply to all personal wireless service facilities proposed to be established in the City, including, without limitation, such facilities as are proposed by an Ohio-certified public utility. Single user towers for television reception or for citizens band or short wave reception and/or transmission are not subject to the provisions of this section.
(a) Definitions.
(1) "Antenna" means a structure or device used to transmit or receive electromagnetic waves for voice, data or video communications, including but not limited to, directional, panel-type Antennas, disk-type Antennas and omnidirectional/whip-type Antennas. Personal satellite dish Antennas are excluded from the scope of this section.
(2) "Co-location" means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(3) "Commercial Mobile Services" means any mobile service (as defined in Title 47 U.S.C. §153(n)) that is provided for profit and makes interconnected service available (i) to the public or (ii) to such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by the regulations of the Federal Communications Commission.
(4) "Equipment Shelter" means a structure installed as a part of a PWS Facility for the storage, protection and security of communications equipment associated with one or more Antennas and shall include, but not be limited to, free-standing buildings and equipment cabinets.
(5) "Existing Support Structure" means any existing or proposed free-standing, man-made structure capable of supporting Antennas, including but not limited to church steeples, buildings, water tanks, smoke stacks, signs, billboards, trees, roof tops, traffic lights, clock towers, silos, utility poles or similar structures used primarily to support electric or telephone service lines, or other tall non-tower structures.
(6) "Existing Tower" means any tower existing within or outside the City on the effective date of this section.
(7) "FAA" means the Federal Aviation Administration and any legally appointed, designated or elected agent or successor.
(8) "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.
(9) "Interconnected Service" means service that is interconnected with the public switched network.
(10) "Modification" means any change to, addition to, deletion from or replacement of any PWS Facility, including but not limited to a change to, addition to, deletion from or replacement of any tower or antenna.
(11) "Monopole" means a support structure constructed to a single, self- supporting hollow metal tube securely anchored to a foundation.
(12) "Person" means any natural person, firm, partnership, association, corporation, or other legal entity, private or public, whether for profit or not-for-profit.
(13) "Personal Wireless Services (PWS)" means the provision of personal wireless services by commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, which services are regulated by the Federal Communication Commission, including but not limited to, radio and television transmission, microwave, commercial mobile, common carrier, cellular telephone and personal communications services.
(14) "Personal Wireless Services Facility" means a facility for the provision of Personal Wireless Services including Antennas, supporting masts, towers and other antenna support structures and associated telecommunications equipment cabinets and/or buildings.
(15) "Personal Wireless Service Provider" means a provider of personal wireless services pursuant to a license issued by the Federal Communication Zoning Inspector.
(16) "Site Compound" means a fenced area with minimum dimensions of 50 feet by 50 feet, which area encompasses all structures installed on a site as a part of a PWS Facility.
(17) "Tower" means a structure over 35 feet in height designed to support, or capable of supporting, one or more Antennas, including self-supporting lattice or monopole towers, but specifically excluding Existing Support Structures and any support structure including attachments of 65 feet or less in height that is owned and operated by an amateur radio operator licensed by the Federal Communications Commission, and used exclusively for amateur radio purposes.
(18) "Tower Height" means the vertical distance measured from the average grade at the base of the tower or its foundation to the highest point of the tower including any Antennas which extend above the top of the tower. Grade shall be determined as the elevation of the existing or natural topography of the ground level prior to construction of the tower.
(19) "Unlicensed Wireless Service" means the offering of telecommunication services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services (as defined by Title 47 U.S.C. § 303(v)).
(b) Co-location.
(1) In an effort to avoid the proliferation of PWS Facilities in the City, the City hereby establishes a clear policy in favor of co-location. Each tower proposed as a part of a PWS Facility shall be designed to accommodate a minimum of three (3) Personal Wireless Service providers. Each Personal Wireless Service Provider shall make space available on the tower to federal, state and local emergency service providers as requested at no charge where technologically feasible.
(2) Following the issuance of an approval of a Zoning Certificate for a PWS Facility, and prior to the issuance of a building permit for the construction of a tower, the Applicant shall enter into a written agreement with the City committing to make the approved tower available to additional users. The willful and knowing misrepresentation and the subsequent failure of the Applicant to construct the tower and act in accordance with the approval, the signed co-location agreement and the City's co-location policy is unlawful and shall, among other remedies of the City, including the revocation of the Zoning Certificate, and shall be cause for the withholding of future permits for similar facilities and PWS Facilities within the City. The Applicant shall agree to make its tower available to other PWS providers on reasonable terms and conditions.
(3) A PWS provider who is denied access to a PWS Facility tower previously approved under this section, may petition the Zoning Inspector to review its request to use the existing PWS Facility tower. The Zoning Inspector may hold a hearing, at which all parties shall appear, to determine whether the requested co-location is technically, legally and economically feasible and to determine if the permittee is in breach of its agreement with the City to permit such co-location. Upon finding that co-location on an existing PWS Facility tower is technically, legally and economically feasible and/or upon a finding that the permittee is in breach of its co-location agreement, the Zoning Inspector may act in accordance with the remedies set forth in Section 1264.40 above. All costs associated with the Zoning Inspector's review and mediation of co-location disputes shall be shared equally by the petitioner and the permittee.
(c) Prohibited Areas for New Towers. New PWS towers shall not be located within a Residential District nor within plain view of the Historic Preservation District.
(d) Application for Co-location or Establishment of PWS Facility. It is preferred that all Applicants desiring to establish PWS Facilities within the City utilize Existing Towers or Existing Support Structures. The Zoning Inspector, in accordance with the procedures and standards set forth below, shall have the authority to grant Zoning Certificates for the establishment of PWS Facilities. Where the standards and/or requirements of this section conflict with the other provisions of the Codified Ordinances, the specific requirements of this section shall control.
(1) General procedure: Preapplication conference. An Applicant proposing the establishment of a PWS Facility is encouraged to schedule a preapplication conference with the Zoning Inspector or his designee to discuss the nature and proposed location of the PWS Facility. The preapplication conference is intended to facilitate the filing and consideration of a complete Application, discuss the needs of the Applicant, evaluate the impact of the proposed facility on adjacent property and neighborhoods, discuss possibilities of co-location, identify alternative suitable sites that may minimize the negative impact on residential areas or areas of historical significance, and clarify the Application process and requirements. No representation made by the Zoning Inspector, his designee, or any other City official during the preapplication conference shall be binding upon the City with respect to the Application subsequently submitted.
(2) Application requirements. Any person owning property in the City or having an interest in property together with a PWS provider may file an Application with the Zoning Inspector for a Zoning Certificate to establish a PWS Facility. An Application for a variance from the provisions and requirements of this section may be filed as specified in Chapter 1285 of the Zoning Ordinance in conjunction with the Application for a Zoning Certificate. However, a decision by the Board of Zoning Appeals to grant the requested variance shall be made before the Zoning Inspector approves the Application for Zoning Certificate.
A. Application requirements for co-location. An Application for co-location on an existing PWS Facility previously approved by the Zoning Inspector pursuant to this section, or on an Existing Tower, or an Application for the establishment of a PWS Facility on an Existing Support Structure shall include the following information:
1. Name and address of the property owner and the Applicant, if not the owner. If the Applicant will not operate the PWS Facility, the Applicant shall supply the name of the person(s) who will operate the PWS Facility.
2. A list of PWS Providers or other communications entities currently using the existing PWS Facility.
3. Three (3) copies of a site plan drawn to a scale as the Zoning Inspector shall, by rule, require indicating the following:
a. The location of existing improvements, as approved by the Zoning Inspector;
b. The location of all proposed equipment shelters, Antennas and other related equipment and facilities;
c. A statement as to the type of additional vegetation, fencing and/or landscaping that will be utilized to screen any new equipment shelter from adjacent properties and the location of such vegetation, fencing and landscaping;
d. The location of Antennas on the Existing Support Structure, and equipment shelters, including a colored rendering illustrating the architectural treatment proposed for the equipment shelter, Antennas and other equipment associated with the PWS Facility so that they blend into existing and/or proposed architectural and aesthetic character of the site and the City overall;
4. A copy of the Applicant's FCC license to operate the proposed facility.
5. A statement from a qualified professional Radio Frequency (RF) Engineer certifying that proposed PWS Facility on an Existing Support Structure, or on an Existing Tower or the co-location on the previously approved PWS Facility, as the case may be, will operate at levels within the standards adopted by the FCC with respect to RF emissions. Within 5 days following completion of construction of the approved PWS Facility or the co-location on the Existing Support Structure or on an Existing Tower, the Applicant shall submit a statement from an RF Engineer certifying (i) that the PWS Facility, as constructed, operates at levels within FCC standards and if the PWS Facility is co-located, (ii) that the PWS Facility, and all other PWS Facilities co-located, together, operate at levels within FCC standards.
6. A tower profile drawing showing the location of all existing and proposed Antennas.
7. A coverage map at a scale not smaller than: 1:100,000 feet depicting the extent of coverage anticipated from the proposed facility and the extent of coverage from existing PWS Facilities (towers or existing support structures) surrounding the site proposed in the Application.
8. Such additional information as the Zoning Inspector may, in his sole discretion, require to fully evaluate all potentially significant negative effects of the PWS Facility. The Zoning Inspector may, upon the request of the Applicant, waive the submission of any of the information required by this Section 1264.40, if, in his sole discretion, the Zoning Inspector believes the information is not necessary to make his decision on the Zoning Certificate Application for the co-location on a previously approved PWS Facility, on an Existing Tower, or on an Existing Support Structure.
B. Application requirements for a new tower. An Application for a PWS Facility which will require the development of a new tower shall include the items listed in Section 1264.40. as well as the following information:
1. A report including the following: (i) a map identifying the location of the provider's existing and/or proposed PWS Facilities within the City and within 3 miles of the corporate boundaries of the City, (ii) a narrative description and associated map describing and identifying the provider's existing or anticipated search areas for the siting of future PWS Facilities in the City, and (iii) a summary of the PWS provider's site search methodology specific to the provision of personal wireless service to the City. This summary shall demonstrate that the Applicant has taken local zoning and land use patterns into account in its initial tower layout. As a condition of approval of a Zoning Certificate, the PWS provider shall have a continuing obligation to update and revise this report. Such revisions and updates shall be submitted with each subsequent Application for the establishment of a PWS Facility or upon the request of the Zoning Inspector.
2. A list of permits or licenses from the City or any federal, state or county agency or any other governmental unit or subdivision required for the construction, maintenance and/or operation of the PWS Facility. The Applicant shall also submit with the Application a copy of such permits or licenses, or a statement why such permits or licenses are not available.
3. Three (3) copies of a site plan drawn to such scale as the Zoning Inspector shall require that shows the actual dimensions of the subject property, according to the recorded plat and the site compound, including contour lines at 1-foot intervals; all significant vegetation and other significant natural environmental features on the property; the use, height, location and footprint dimensions of all present and proposed buildings and structures: a sketch of the proposed facility including the antenna configuration and proposed tower; the location of all vehicular entrances to and exits from the property, the location of all off-street parking areas and number of spaces provided therein; the number, type, size and location of all present and proposed signs, any lighting proposed for the Site Compound; and the existing zoning district classification of the property.
4. A statement as to the nature and type of utility and drainage facilities which will be required and provided as a part of the PWS Facility.
5. Architectural Plans for any proposed buildings or structures which will be used as part of the PWS Facility including a colored rendering illustrating the architectural treatment proposed for the equipment shelter, Antennas and other equipment associated with the PWS facility so that they blend into the existing or proposed architectural and aesthetic character of the site and the City overall.
6. A statement from a qualified professional Radio Frequency (RF) Engineer certifying that the proposed PWS Facility will operate at levels within the standards adopted by the FCC with respect to RF Emissions. Within 5 days following completion of construction of the approved PWS Facility, the Applicant shall submit a statement from an RF Engineer certifying (i) that the PWS Facility, as constructed, operates at levels within FCC standards and, if the PWS Facility is co-located, (ii) that the PWS Facility, and all other PWS Facilities co-located, together, operate at levels within FCC standards. This statement shall also include a statement of anticipated RF levels if the tower were used by PWS providers to the fullest extent technologically possible.
7. A complete description of the proposed use of the facility.
8. Statement of necessity for the proposed PWS Facility.
9. Description of the Applicant's site selection process including a complete listing of other sites investigated and an explanation why those sites were rejected in favor of the site proposed in the Application. This description shall also include an explanation of whether placement on publicly-owned property is technologically or otherwise feasible.
10. Description of the Applicant's effort to use Existing Towers or Existing Support Structures within and outside the City corporate limits. This should also include a statement demonstrating all alternatives to construction of a new tower have been exhausted.
11. An analysis of the visual impact of the proposed facility. This analysis shall include a narrative description of visual impact of the facility from a minimum of 6 points, up to a maximum of 10 points around the proposed facility. These points should include sensitive visual receptor areas, (e.g. street intersections; parks; schools, City gateway areas, the nearest residence from which the proposed facility is visible, etc.). Such points shall be no more than 2,000 feet from the proposed site. The Applicant shall produce computer generated photographs of the proposed facility location from these representative points around the site and superimpose the proposed tower on that photograph. The Zoning Inspector reserves the right to require the submission of additional sight line photographs if the Zoning Inspector feels the photographs submitted by the Applicant do not adequately represent sight lines from sensitive visual receptor areas.
12. A copy of the Notice of Proposed Construction filed by the Applicant and a final recommendation from the Federal Aviation Administration (FAA) for the proposed facility. In situations where a PWS facility requires approval of the FAA, proof of such approval must be provided.
13. Statement describing means of access to the facility for utilities and vehicles.
14. A complete description, including manufacturers specifications, of all equipment (tower, building, Antennas, etc.) proposed to be used at the facility. This description shall also include a statement of the technical reasons for the specific design of the facility.
15. A certification by a qualified structural engineer that the tower proposed in the Application will be designed in accordance with the Electronic Industries Association Standard EIA/TIA-222-F "Structural Standards for Steel Antenna Towers and Antenna Support Structures", or its successor, and the standards of the current Ohio Basic Building Codes. To ensure structural integrity, within 45 days of completion of construction of the PWS facility, the Applicant must provide an operational certificate from a licensed, structural engineer that the completed facility complies with the above standards.
16. A schedule of proposed construction and operation of the facility.
17. A list of property owners adjacent to or within 500 feet of the property on which the facility is proposed. The Applicant shall provide written notification to each property owner adjacent to or within 500 feet of the property on which the PWS Facility is proposed to be located. At a minimum, this notice shall provide each property owner with a detailed description of the proposal including a map of the property showing the location of the proposed PWS Facility in relation to the properties of those owners receiving notice of the Application for the PWS Facility.
18. A statement that the proposed tower is no higher than is technologically necessary to achieve its intended purposes.
19. An identification of what person owns the wires that will connect to the PWS facility.
20. Copies of any deeds, easements, or leases necessary or obtained for the functioning of the PWS facility.
21. A statement from an Engineer demonstrating that the proposed facility is engineered to accommodate the maximum amount of future additional users for its proposed height.
22. A noise report demonstrating that the proposed PWS facility will not be a public or private nuisance.
23. An environmental analysis of what impact the proposed PWS facility may have on woodlands, wetlands, ground water, vegetation, trees or animals which currently are located within 1,000 feet of the proposed site. The environmental analysis is to be prepared by an independent, qualified professional normally engaged in preparation of such assessments.
24. An environmental site assessment prepared to the requirements of ASTM 15-27.
25. A non-refundable Application fee pursuant to the City's fee schedule.
26. Such additional information as the Zoning Inspector may, in his sole discretion, require to fully evaluate all potentially significant effects of the PWS Facility.
C. Prior to approval by the Zoning Inspector, the Applicant has the right to amend the Application so as to comply with this section.
(3) Standards for approval of a PWS facility. The Zoning Inspector shall not grant a Zoning Certificate for a PWS Facility unless the Applicant has clearly demonstrated by substantial evidence in the record that it has complied with the standards set forth below. In each case, the Zoning Inspector shall make written findings of fact and conclusions, directly based on and supported by the record presented to it in the Application.
A. Standards for approval for a co-location. For a PWS Facility for co-location or for a PWS Facility on an Existing Tower or on an Existing Support Structure, the Zoning Inspector must find that the Application complies with the following standards:
1. The Applicant has complied with the submission requirements of Section 1264.40. above;
2. The PWS Facility is in compliance with all applicable requirements of the Zoning Ordinance;
3. All Antennas mounted on or within an existing support structure are adequately screened, painted and/or architecturally treated so as to blend into the proposed or existing architectural character of the structure. To the extent possible, equipment associated with PWS Facilities on existing support structures shall be located within the support structure. If a new equipment shelter is included as a part of a PWS Facility, it shall have an appearance consistent with other buildings or structures on the parcel and will preserve the character of the City as a rural neighborhood of homes, green open spaces and farms;
4. The PWS Facility use will have adequate access to utilities and public roads and shall provide adequate space for on-site parking;
5. All exterior lighting fixtures will be designed, directed or shaded so that no direct light is cast upon any other property;
6. The PWS Facility use and its associated uses and structures is adequately landscaped in a manner consistent with the principal and accessory use of the site and the provisions of the Land Use Plan.
7. The PWS Facility complies with the RF Emission Standards adopted by the FCC.
8. The co-location does not result in a substantial increase in the size of the tower, which occurs if:
a. The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than 10 percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; or
b. The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or
c. The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or
d. The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.
B. Standards for approval for a new tower. A proposed PWS Facility which will require the construction of a new tower shall comply with the standards set forth in Section 1264.40. above and the following additional standards:
1. The area proposed to be serviced by the PWS Facility cannot be adequately addressed by the establishment of a PWS Facility on an existing tower or an existing support structure;
2. The use of an existing tower located either within or outside the City limits, is not technically, structurally, economically and/or financially feasible. The City may deny the Application for a PWS Zoning Certificate if the Applicant has not made a good faith effort to locate the antenna on an existing tower or structure;
3. The proposed facility has adequate capacity to handle the applicant and at least two additional users;
4. No federal, state, or city government land is available for the siting of the proposed PWS Facility.
5. All towers shall be galvanized and/or painted with a rust-preventative paint of an appropriate color such as white, off white, light blue, blue gray, or light gray, in harmony with the natural or built environment of the site and surrounding area, unless required by the FAA to bear a different finish;
6. All obstruction lighting and/or marking required by the FAA shall be approved by the Zoning Inspector at the time the Application is made.
7. All new towers must be of the monopole design unless otherwise approved by variance. Guyed towers are prohibited.
(4) Retention of expert consultant to evaluate an Application. The Zoning Inspector at his discretion, may retain an outside consultant to assist him in his evaluation of the Zoning Certificate Application for a PWS Facility. The cost for such consulting services shall be borne by the Applicant and shall be collected when it is incurred. The Applicant shall not be entitled to a refund of the cost of evaluation.
(5) Review Time Limits for the City to Act.
A. New Towers. The City shall approve or deny an application for a PWS facility within 150 days of receipt of a complete application, unless the FCC requires otherwise.
B. Co-locations. The City shall approve or deny an application for a co-location within 90 days of receipt of a complete application, unless the FCC requires otherwise.
(e) Miscellaneous Provisions.
(1) Parking. If the PWS facility is fully automated, adequate parking shall be required for maintenance workers. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in the Zoning Code.
(2) Landscaping. Each site approved for use as a PWS Facility shall be adequately and continually landscaped to establish visual screening of all structures or equipment associated with the facility and located within the site compound. This landscaped area shall consist of a minimum 10-foot wide landscaped strip around the entire site compound for new tower sites or landscaping consistent with the use principal use of the site for PWS Facilities utilizing existing support structures. At the discretion of the Zoning Inspector, this landscape requirement may be waived for PWS Facilities on existing support structures. The Applicant shall propose a mix of evergreen tree, evergreen shrubs and ground cover to provide adequate screening of all structures and equipment within the site compound, excluding any tower structure but including any fence or wall surrounding the site compound. The landscaping requirement may be varied, at the discretion of the Zoning Inspector as site specific conditions dictate.
(3) Maintenance, abandonment and removal.
A. The owner/operator of an approved PWS Facility shall be responsible for the maintenance of the site compound, associated landscaping, access driveway and any associated areas of the property used as a part of the PWS Facility. All tower finishes shall be maintained free of peeling, rusting, or other unsightly coloration or condition.
B. All providers utilizing towers shall present a report to the City notifying it of any tower facility located within the City whose use will be discontinued and the date this use will cease. Such report shall be filed with the City at least 30 days prior to the cessation date. If at any time the use of the facility is discontinued for 180 days, the Zoning Inspector may declare the facility abandoned. The owner/operator of the facility will receive written notice from the Zoning Inspector and be instructed to either reactivate use of the facility within 180 days, or dismantle and remove the facility. If the reactivation or dismantling does not occur, the City will either remove the facility or will contract to have the facility removed and assess the owner/operator the costs. The City must provide the tower owner 30 days notice and an opportunity to be heard at a Public Hearing before the Board of Zoning Appeals before initiating such action. Such Public Hearing shall follow the 30 day notice. All interested parties shall be allowed an opportunity to be heard at the Public Hearing. After such hearing has been held, the City shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto, or in the alternative, order demolition of the tower and all appurtenances. After a Public Hearing is held, the City may order the abatement or demolition of the tower. The City may require the certificate holder or owner of the facility to pay for all expenses necessary to acquire or demolish the tower.
C. As a condition of the Zoning Inspector's approval of a PWS Facility, the owner of the property upon which the PWS Facility is located shall be required to submit to the Zoning Inspector the owner's covenant to undertake the responsibility and cost for the removal of a PWS Facility, which covenant shall be made enforceable by the City and recorded as a lien against the property. This lien shall be released after removal and final inspection and sign off by the Zoning Inspector or his designee. An Applicant must deposit with the City and for the benefit of the City Council a letter of credit, performance bond, or other security acceptable to the Zoning Inspector in an amount equal to the amount necessary to demolish and remove the facility as determined by the City Engineer. Any such guarantee shall be irrevocable and have an indemnity provision in favor of the City for costs, expenses, and attorney's fees.
(4) Fences and walls. Each PWS Facility requiring the construction of a new tower shall be surrounded by an 8-foot high fence/wall and gate adequate to provide vehicular access to the base of the tower and the equipment shelter. The type, style and the material of the proposed fence/wall shall be approved by the Zoning Inspector as a part of the Zoning Certificate Application process. The fence/wall shall be installed along the perimeter of the site compound. The Zoning Inspector may in his sole discretion impose these fence/wall requirements on PWS Facilities utilizing existing support structures.
(5) Setbacks, fall zones and lot size. Towers associated with a PWS Facility shall be set back from all property lines a distance equal to the height of the tower. To reduce the risk of personal injury or property damage, towers shall be located at least 125 percent of their height from any building, street, bikeway, or pedestrian walkway. All other structures or equipment associated with a PWS Facility must comply with the appropriate setback requirements of the Zoning Ordinance. Fee simple purchases for the lawful erection of the PWS facility need not conform to the minimum lot size requirements of the City Zoning Code, but shall not create a nonconformity for the remaining portion of any lot from which the land for the PWS facility was obtained.
(6) Tower height. No tower shall exceed 160 feet in height. However, the Zoning Inspector may approve a Zoning Certificate for a new tower whose proposed height exceeds 160 feet upon making written findings of fact and conclusions that the additional height allowed will further the City's policy to encourage co-location of PWS Facilities and will not negatively affect safety and aesthetics.
(7) Modifications. Any modification to PWS Facility approved under this section, shall require the submission of a new Zoning Certificate Application in accordance with the provisions and requirements of subsection (d)(2)A hereof. The Zoning Inspector may agree to waive certain submission requirements if, at his discretion, the Zoning Inspector believes such a waiver is justified.
(8) Prohibitions. No PWS Facility tower shall be illuminated in any manner unless such illumination is required by the Federal Aviation Administration (FAA). No PWS tower shall be located within a Residential District. No tower may be located within the plain view of the Historic Preservation District.
(9) Annual report and inspection. A PWS provider operating within the City limits must submit to the City an annual inventory of all PWS facilities owned and operated by the provider in the area. Additionally, each PWS provider must annually certify that any PWS facility within the City limits is being used and by whom that particular facility is being used. The owner of the tower must also annually provide to the City a list of all users of the tower and each user shall provide the City with a copy of each users license with the FCC. The Applicant shall annually have any tower within the City inspected by an Ohio licensed structural engineer and furnish the engineer's report of each such inspection to the City.
(10) Signs. The only signs allowed at a PWS facility shall be emergency information signs, owner contact information signs, warning or safety instructions, and signs required by a federal, state, or local agency. Such signs shall not exceed 5square feet in area per user. All advertising or promotional signs are prohibited.
(11) Underground wiring. Underground wiring to the PWS facility and tower is required.
(12) Anti-climbing devices. All towers must be equipped with anti-climbing devices.
(13) Vehicular access. Vehicular access to the PWS facility shall be via the existing circulation system and be paved with asphalt or concrete. This access road must be at least 10feet in width between the public street and the gate to the fence enclosing the tower and equipment.
(14) Liability insurance. Within 30 days following Zoning Certificate approval and annually thereafter, the Applicant shall provide continuous personal injury and property damage insurance with limits not less than $1,000,000 per claimant, per occurrence, with the City named as an additional insured. Proof of continuous maintenance of such insurance shall be submitted to the City on at least an annual basis.
(15) Renewal fee. On the first anniversary of the Zoning Certificate issuance and annually thereafter, the Applicant shall pay Zoning Certificate renewal fee pursuant to the City's fee schedule to defray the City's cost of reviewing the proofs of insurance and inspection reports, monitoring the appearance of the tower, maintaining the files and responding to citizen inquiries or problems related to the tower.
(16) Building and other permits. Separate building, electrical, plumbing and other permits may be required by the City or other agency for a PWS Facility or site compound as local requirements may prescribe.
(17) Enforcement. Any violation of this section by a certificate holder which continues for more than 30days shall constitute sufficient cause for an order to be issued by the Zoning Inspector requiring removal of the PWS facility and its associated foundation, equipment, enclosure, and access paving. Any person who fails to either abide by such order or remedy the violation within sixty 60 days after actual receipt thereof shall be punishable in accord with the provisions of Chapter 1288 of the Codified Ordinances of Springboro. Any tower which remains in place following the 60 period for remediation set forth above, without full remediation of the violation having been made, is hereby declared to be a public and private nuisance. Such tower may, at the City's option and after notice and hearing, be removed by the City without liability therefore, and the cost of such removal, including but not limited to demolition costs, transportation costs, disposal costs and legal fees and expenses shall be recovered from the certificate holder or for the property owner of record by special assessment against the property, by civil action, by collection of the guarantee required by subsection(3)C hereof, or otherwise in accord with Ohio law generally providing for recovery of the governmental cost of abatement of nuisances.
(18) Severability. Should any part of this Chapter 1264 be found invalid by a court of competent jurisdiction, the remainder shall continue in full force and effect.
(f) Variances. When justified by unusual circumstances, the Board of Zoning Appeals shall have authority to grant variances from the strict application of the provisions of this Chapter 1264 if the objectives of this section are substantially effectuated by such variance.
(g) Denial of Application; Appeal.
(1) The denial of an Application for a Zoning Certificate must be in writing and supported by substantial evidence.
(2) Appeal from refusal by the Zoning Inspector to issue a Zoning Certificate for establishment of a PWS facility shall be made to the Board of Zoning Appeals.
(3) Appeal from any decision of the Board of Zoning Appeals shall be made to the City Council.
(4) Appeal to the courts may be made only after the above administrative appeals have been exhausted.
(Ord. 0-15-4. Passed 2-19-15.)