(A) Cellular or wireless communication standards. Cellular or wireless communication systems shall be regulated as follows:
(1) Intent. In recognition of the quasi-public nature of cellular and/or wireless communication systems, it is the purpose of these regulations to:
a) Accommodate the need for cellular or wireless communication towers while regulating their 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 communication towers and support structure failure.
d) Encourage the joint use of any new and existing communication towers and support structures to reduce the number of such structures needed in the future.
(2) Use regulations. The following use regulations shall apply to cellular or wireless communication antennas and towers:
a) A cellular or wireless communications antenna that is mounted to an existing communications tower (whether said tower is for cellular purposes or not), smoke stack, water tower, or other tall structure, shall be a permitted use in all zoning districts. Cellular or wireless communications antenna may also be located on the top of buildings which are no less than 50 feet in height.
b) Any cellular or wireless communications antenna that is mounted to an existing structure as indicated in a) above shall be painted a color which matches, or is compatible with, the structure on which it is located.
c) A cellular or wireless communications antenna that is not mounted on an existing structure or is more than 15 feet higher than the structure on which it is mounted, is permitted in all zoning districts, with the exception of any single household or multi-household zoning district where it is prohibited, as a conditional use and subject to the requirements set forth in § 153.204: Conditional Use Permits.
d) All other uses accessory to the cellular or wireless communications antenna and towers including, but not limited to, business offices, maintenance depots, and materials and vehicle storage, are prohibited from the site unless otherwise permitted in the zoning district in which the cellular or wireless communications antenna and/or tower is located.
e) Cellular or wireless communications sites shall not be located in any single household or multi-household residential zoning district nor shall they be located any closer to any residential zoning district as follows:
i) Cellular or wireless communication towers less than 100 feet in height shall be located no closer than 500 feet to any residential zoning district.
ii) Cellular or wireless communication towers between 100 and 150 feet in height shall be located no closer than 750 feet to any residential zoning district.
iii) Cellular or wireless communication towers 150 feet in height and greater shall be located no closer than 1,000 feet to any residential zoning district.
(3) Standards of approval for conditionally permitted cellular or wireless communications antennas and towers. The following standards shall apply to all conditionally permitted cellular or wireless communications antennas and towers:
a) The cellular or wireless communications company shall be required to demonstrate, using the latest technological evidence, that the antenna or tower must be placed where it is proposed in order to satisfy its necessary function in the company’s grid system.
b) If the cellular or wireless communications company proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it has contacted the owners of nearby tall structures within a one-mile radius of the site proposed, asked for permission to install the cellular or wireless communications antenna on those structures, and was denied for reasons other than economic ones. Tall structures shall include, but not be limited to: smoke stacks, water towers, buildings over 50 feet in height, antenna support structures of other cellular or wireless communication companies, other communication towers, and roadway lighting poles.
c) The city may deny the application to construct a new cellular or wireless communications tower if the owner or owner’s authorized agent has not made a good faith effort to mount the antenna on existing structures.
(4) Standards of approval of all cellular or wireless communications antennas and towers.
a) Antenna/tower height. The owner or owner’s authorized agent shall demonstrate that the antenna/tower is the minimum height required to function satisfactorily. No antenna that is taller than the minimum height shall be approved.
b) Setbacks from the base of the tower. If a new cellular or wireless communications tower is to be constructed, the minimum distance between the base of the tower or any guy wire anchors and the property line shall be the greater of the following:
i) Forty percent of the tower height;
ii) The minimum setback in the underlying zoning district; or
iii) Fifty feet.
c) Cellular or wireless communications tower safety. The owner or owner's authorized agent shall demonstrate that the proposed cellular or wireless communications tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. Furthermore, all cellular or wireless communications towers shall be fitted with anti-climbing devices as approved by the manufacturers.
d) Fencing. A fence shall be required around the cellular or wireless communications tower and its support structure(s), unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height and shall be erected to prevent access to non-authorized personnel.
e) Landscaping. The following landscaping shall be required to screen as much of the support structures as possible, the fence surrounding the cellular or wireless communications tower, support structure(s) and any other ground level features and, in general, soften the appearance of the cellular communications site:
i) Any freestanding cellular or wireless communications tower shall incorporate landscaping which includes trees, shrubs and other landscaping vegetation that is subject to review and is acceptable to the Planning Commission. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
ii) The city may permit any combination of existing vegetation, topography, walls, decorative fences, or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping.
iii) If the antenna is mounted on an existing structure, and other equipment is housed inside of an existing structure, landscaping shall not be required.
(5) Limiting the number of cellular wireless communication towers. In order to reduce the number of antenna support structures needed in the city in the future, the proposed cellular or wireless communications tower shall be required to accommodate other users, including other cellular communications companies, and local police, fire and ambulance departments.
(6) Licensing. The cellular or wireless communications company must demonstrate to the city that it is licensed by the Federal Communications Commission (FCC).
(7) Required parking. If the cellular or wireless communications site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in the zoning code.
(8) Appearance. Cellular or wireless communications towers under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or wireless communications towers shall meet all Federal Aviation Administration (FAA) regulations. No cellular or wireless communications towers may be artificially lit except when required by the FAA. Furthermore, no cellular communication tower or antenna shall contain any signage containing a commercial message.
(9) Development plan required. A full development plan shall be required for all proposed cellular or wireless communications sites, at a scale of one inch to 100 feet (1"=100'), indicating, as a minimum, the following:
a) The total area of the site.
b) The existing zoning of the property in question and of all adjacent properties.
c) All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.
d) Existing topography with a maximum of five foot contour intervals.
e) The proposed finished grade of the development shown by contours not exceeding five foot intervals.
f) The location of all existing buildings and structures and the proposed location of the cellular or wireless communications tower and all cellular or wireless communications support structures including dimensions, heights, and where applicable, the gross floor area of the buildings.
g) The location and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, grades, surfacing materials, drainage plans, and illumination of the facility.
h) All existing and proposed sidewalks and open areas on the site.
i) The location of all proposed fences, screening and walls.
j) The location of all existing and proposed streets.
k) All existing and proposed utilities including types and grades.
l) The schedule of any phasing of the project.
m) A written statement by the cellular or wireless communications company as to the visual and aesthetic impacts of the proposed cellular or wireless communications tower on all adjacent residential zoning districts.
n) Any other information as may be required by the Planning Commission to determine the conformance with this zoning code.
(10) Action on application. Upon submission of a complete application for development plan review to the Building Official, the application shall be either:
a) For co-location applications, the Building Official will review the development plan to determine its compliance with the standards set forth in this code. The Building Official shall have the authority to approve, approve with modifications, or disapprove the development plan.
b) For all other applications, not including co-location requests, the development plan will be transmitted to the Planning Commission where they shall:
i) Review it to determine if it meets the purpose and requirements as established in this section;
ii) Review it to determine if it meets the purpose and requirements of the zoning district where the proposed cellular or wireless communications site is located;
iii) Review it to determine if it meets the purpose and requirements of any other applicable section of this zoning code.
iv) The Planning Commission shall hold a public hearing and act upon all development plans within 35 days after the receipt of the complete application. Within the said 35-day period, a majority of the members of the planning commission present at a meeting thereof may vote to extend the said period of time, not to exceed an additional 60 days.
(11) Maintenance. Any owner of property used as a cellular or wireless communications site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds and other debris. Any cellular or wireless communications tower that has discontinued its service for a period of 12 continuous months or more shall be removed, along with all accessory structures related thereto. Discontinued shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, unused or has ceased the daily activities or operations which had occurred.
(12) Scope. All roads and streets within a zoning district are accessory to the uses of that district, and are subject to the same regulations, herein.
(13) Fees. The owner or owner's authorized agent shall be responsible for fees as described in § 153.555: Fees.
(14) Small cell facilities.
a) Small cell facility requirements. Small cell facilities shall be subject to the regulations and procedures set forth in this section.
b) Location.
i) The applicant shall submit written justification that every attempt has been made to mount a small cell facility to an existing structure, such as a communication tower (whether said tower is for cellular or wireless purposes or not), smoke stack, water tower, or other tall structure in any zoning district. Small cell facilities may only be placed on top of buildings that are at least 50 feet in height, for so long as the structure or building remains. Small cell facilities mounted on existing structures may be approved administratively by the building official subject to the applicant obtaining all applicable permits.
ii) If an existing structure is not available, a small cell facility may be located within the public right-of-way of an arterial or collector street as identified on the City of Springdale Thoroughfare Plan, in an industrial subdivision, or on private property within a recorded utility easement recorded at the Hamilton County Recorder's Office in a non-residential zoning district.
iii) A small cell facility shall not be located within a residential zoning district, a residential subdivision, or within 250 feet of a residential district or use. Distance shall be measured from the base of the small cell facility to the nearest property line.
c) Quantity. No small cell facilities may be located within 2,000 linear feet from another small cell facility or cellular or wireless communication tower, unless such facility is co-located as defined in this section.
d) Height. Small cell facilities shall not exceed 30 feet in height, unless such facility is co-located on an existing building or structure as permitted in this section.
e) Appearance.
i) All small cell facilities shall be designed to be consistent and complimentary withthe surrounding environment in terms of height, materials, color, scale, and design.
ii) Small cell facilities shall be painted, anodized or constructed out of materials that are colored grey or black. Galvanized material may not be used in construction of the small cell facility unless it can be painted or otherwise coated as required in this section.
iii) All related equipment, including, but not limited to electrical boxes, conduit wiring, and mounting equipment shall be placed underground or be contained within an enclosure so as not to be visible. Further, all electrical and communication connections shall run underground to the facility.
iv) No signage is permitted on small cell facilities except for a non-illuminated nameplate sign that identifies the vendor name and contact information for the facility. Such nameplate sign shall not exceed one square foot in area.
f) Maintenance. Small cell facilities are subject to the maintenance requirements set forth in § 153.254(A)(11).
g) Footprint. Small cell facilities shall not exceed 24 inches in diameter with the exception of the foundation, which said foundation shall not exceed six inches above grade. All equipment and materials shall be fully enclosed within the pole structure.
h) Development plan required. A development plan shall be required for all proposed small cell facilities that are subject to the regulations set forth in § 153.254(A)(9): Development Plan Required.
i) Action on application. Upon submission of a complete application for development plan review to the building official, the application shall be either:
i) For co-location applications, the building official will review the development plan to determine its compliance with the standards set forth in this code. The building official shall have the authority to approve, approve with modifications, or disapprove the development plan.
ii) For all other applications, not including co-location requests, small cell development plans may be permitted if approved through a conditional use permit and are subject to the approval process and review standards for all conditional uses established in § 153.204: Conditional Use Permits.
(B) Height exemptions. Chimneys, spires, cupolas, domes, towers, flagpoles, water tanks, radio and television antennas, monuments, wind turbines, and other mechanical equipment located upon or constituted as an integral part of the main building may extend a maximum of 20 feet above the main building.
(C) Mechanical equipment screening requirements. Mechanical equipment is subject to the following screening requirements:
(1) Mechanical equipment such as transformers and HVAC equipment shall not be located in the front yard.
(2) All mechanical equipment, including both ground-mounted and roof-mounted equipment, shall be screened from view from adjacent public rights-of-way and private access ways, as well as from all residential uses.
(3) Screening elements shall include walls (same material and color as principal structure), landscaping, mounds, parapets, or enclosures constructed of the same materials used on the majority of the principal structure or any combination or as otherwise approved or required by the Planning Commission.
(4) The screening elements should be maintained in good condition.
(5) The screening of mechanical equipment will be reviewed on a case-by-case basis based upon the following determinations:
a) Site location relative to adjacent properties and public rights-of-way;
b) Topography of the subject site relative to adjacent properties and public rights-of-way; and
c) Whether the subject screening creates visual inconsistences with surrounding areas.
Figure 254-1: An example of rooftop screening used to screen equipment from pedestrian view.
(D) Medical marijuana. Pursuant to the authority set forth in R.C. § 3796.29, medical marijuana cultivation, processing, and retail dispensaries as licensed and defined under R.C. Chapter 3796 shall not be permitted in any zoning district in the municipality.
(E) Sight visibility triangle. In any zoning district on any corner lot, no fence, sign, structure or planting shall be erected or maintained within a triangle formed 35 feet from the intersection of the right-of-way lines which many interfere with traffic visibility across the corner. Any planting within that triangle shall not exceed 2.5 feet in height above the curb level.
Figure 254-2: Sight visibility triangle for intersecting streets
(F) Utilities and underground facilities. All public and common electric, cable, telephone, and other similar utilities shall be located underground in all residential, office, commercial, and industrial subdivisions and districts, and they shall be placed in their own easement, shown on the final or record plat. These underground utility requirements shall also apply to any lines required to serve the project that extend outside the boundary of the development. The conduits or cables shall be located within easements or public rights-of-way in separate trenches, in a manner which will not conflict with other underground services. (Ord. 33-2016, passed 11-16-16)
(G) Waste container screening requirements. No owner, tenant, or occupant of any lot in any district may store, place, or keep, or permit to be stored, placed, or kept on that lot, any combination of dumpsters, compactors, grease dumpsters, or any other waste or garbage containers (hereinafter referred to as “containers”), that exceed a total of 120 gallons in capacity, outside of an enclosed building, unless the following conditions are met:
(1) The container shall be located on a concrete pad that is enclosed by a three-sided structure sufficient to provide complete visual screening of the containers to a height of 12 inches above the top of the containers.
(2) The exterior of the unit shall be constructed of brick veneer or stone veneer or with other materials similar to the principal structure if other materials are approved by Planning Commission.
(3) The fourth accessible side of the dumpster shall be screened by steel reinforced composite wood, composite lumber, or other similar materials. Such gates are to remain closed unless the waste containers are being accessed.
(4) The structure shall be located not less than 20 feet from any dwelling on an adjacent residential lot.
(5) It shall not project into or be located in a front yard.
(6) It may be located in a rear or side yard but shall not be less than five feet from any rear or side lot lines.
(7) On corner lots, it shall be set back from the side street not less than the required setback for the adjacent main building on the abutting lot plus an additional five feet.
(8) All service to and for the container shall be done from private property and shall not extend into a public right-of-way.
(9) Landscaping shall be provided around the structure as is required by § 153.404(D): Landscape Requirements for Service Structures, to ensure that the visual impact of the structure is harmonious with the general appearance of the surrounding structures and uses.
(H) Yard projections. A projection is that part of a feature of a building which extends or projects outside the enclosing walls. It is intended that certain features may project into required yards, but they shall be regulated so as not to substantially interfere with the reception of sun, light, air, and the use of adjacent lots. Building features may project into a front, side, or rear yard of a dwelling measured from the established yard line, as follows:
(1) Architectural features. A belt course, balcony, cornice, gutter or chimney may project into a front, side or rear yard for a distance of two feet, provided no part is less than three feet from any side lot line. However, overhangs may project 42 inches.
(2) Entrance features. An open platform, landing, steps, terrace or other feature not extending above the first floor level of a building, may extend six feet into a front yard and three feet into a side yard.
(3) Enclosed shelters. An enclosed entry or porch shall not project into any required yard area.
(4) Non-enclosed shelters. An entrance hood, deck or open but roofed porch may project:
a) Six feet into a required front yard;
b) Three feet into a required side yard; and
c) Not more than 50 percent into a required rear yard.
(5) Heating/cooling feature. A window or wall mounted air conditioning or heat pump unit may project into a front, side or rear yard for a distance of two feet provided that:
a) No part is less than three feet from any side lot line; and
b) An air conditioning or heat pump unit shall not extend above the eave line.
(I) Razor wire. Razor wire is prohibited within the City of Springdale.
(J) Accent lighting. The use of colored lights, neon, and Light Emitting Diodes (LED) strip lighting as building accent lighting, window trimming, and door trimming on either the inside or outside of the building is not allowed unless reviewed and approved by Planning Commission.
(Ord. 4-2016, passed 3-2-16; Am. Ord. 33-2016, passed 11-16-16; Am. Ord. 6-2017, passed 2-15-17; Am. Ord. 37-2017, passed 9-20-17; Am. Ord. 39-2017, passed 10-4-17; Am. Ord. 04-2020, passed 1-15-20)