(A) Application process.
(1) Prior to construction of any MET tower, the project proponent shall first obtain special use permit and site plan approval from the City Planning Board, and a building permit from the Miami County Building Regulations Department.
(2) In addition to the application requirements of Chapter 154, all applications for a MET tower shall include the following information:
(a) Name and address of the applicant
(b) Evidence that the applicant is the owner of the property involved or has the written permission of the owner to make such an application.
(c) A site plan drawn in sufficient detail to show the following:
1. Location of the tower(s) on the site and the tower height.
2. Property lot lines and the location and dimensions of all existing structures and uses on site.
3. Dimensional representation of the various structural components of the tower construction including the base and footing.
4. Certification by a professional engineer that the towers design is sufficient to withstand wind loading requirements for structures as established by the Ohio Basic Building and Fire Prevention Code.
5. Such additional information as may be reasonably requested by the Planning Board for a complete understanding of the proposed project.
(B) Criteria for approval. In addition to the criteria contained in Chapter 154, the Planning Board shall use the following criteria to evaluate all MET towers:
(1) Setbacks. The MET tower shall be set back a distance equal to the height of the proposed MET tower plus 10% of the height from:
(a) Property lines of the site on which the structure is located.
(b) Public rights-of-way.
(c) Overhead electrical lines.
(2) The maximum overall height of any MET tower shall be 150 feet.
(3) The MET tower shall be painted a non-reflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporates non-reflective surfaces to minimize any visual disruption.
(4) Lighting. Exterior lighting on the MET tower shall not be allowed, except lighting that is specifically required by the Federal Aviation Administration (FAA).
(5) Signage. No advertising sign or logo shall be placed or painted on any MET tower. The Planning Board may allow the placement of the manufacturer's logo on a ground level structure in an unobtrusive manner.
(6) Compliance with regulatory agencies. The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county, and local agencies having jurisdiction related to the construction of the MET tower. If all such approvals have not been received at the time that the Planning Board considers the application for special use permit, receipt of these other agency approvals shall be a condition to be completed prior to the issuance of the special use permit.
(7) Safety and security requirements. The applicant shall adhere to the following safety and security requirements.
(a) Grounding. All structures which may be charged with lightning shall be grounded according to applicable electrical code.
(b) Climbability. Towers shall not be climbable up to 25 feet above ground level and/or other appropriate method of access control shall be provided.
(c) Anchor points for guy wires. Anchor points for any guy wires for a MET tower shall be located on the property that the system is located on and not on or across any above ground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence 6 feet high or sheathed in bright orange or yellow covering to 8 feet above the ground. The minimum setback for the guy wire anchors shall be 10 feet from the property line.
(8) Interference with television, microwave and radio reception. The MET tower shall be operated such that no disruptive electromagnetic interference is caused. If it is demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.
(C) Expiration of special use permit.
(1) A special use permit for a MET tower shall expire 18 months after issuance by the Planning Board.
(2) All MET towers must be removed in their entirety within 30 days of the expiration of the special use permit. If the MET tower is not removed after the expiration of the 30-day period, then the city may order officials or representatives of the city to remove the MET tower at the sole expense of the owner or special use permit holder.
(3) The Planning Board may grant an extension of a special use permit for up to 12 months, upon request of the applicant and just cause shown.
(D) Abandonment of use.
(1) All MET towers shall be maintained in good condition and in accordance with all requirements of this section. At the city's discretion, the city shall cause an inspection of any MET tower to insure compliance with § 157.010. If this inspection shows that the structure is unsafe, then the owner will be given an opportunity to bring the structure into compliance. If the structure is deemed unsafe and the owner does not bring the structure into compliance within a reasonable period of time, the MET tower shall be dismantled and removed from the property at the owner's expense. The city reserves the right to dismantle the structure and to charge back the cost of this removal to the property owner. If unpaid this will be added as a charge to the tax levy of the property.
(2) Failure to abide by and faithfully comply with the standards of this section and with any and all conditions that may be attached to the granting of the special use permit shall constitute grounds for the revocation of the permit.
(E) Planning Board action.
(1) The Planning Board may grant the special use permit, deny the special use permit, or grant the special use permit with written stated conditions. Denial of the special use permit shall be by written decision based upon substantial evidence submitted to the Board.
(2) The Planning Board shall be authorized to waive or modify certain requirements as necessary to achieve compatible development with adjacent land areas as well as in the interest of the community in general. The Planning Board may also impose such additional conditions, guarantees, and safeguards as it deems necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of this chapter will be observed.
(F) Amendments to approval. Any changes or alterations to a MET tower after approval of the special use permit shall require amendment to the special use permit. Such amendment shall be subject to all the requirements of this section.
(Ord. 07-09, passed 3-2-2009)