(a) All telecommunication structures and associated equipment shall be screened with a minimum six-foot high solid fence or barrier and continuous evergreen hedge and all such screening shall be located behind the specified setback lines. The applicant is responsible for installing and maintaining such screening. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(b) The tower shall be painted a non-contrasting gray or similar color to minimize its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
(c) No advertising is permitted anywhere on the wireless telecommunication facility or tower, with the exception of identification signage.
(d) All towers and antennas and all structures, buildings and equipment associated therewith shall be removed within 180 days of ceasing operations. If not removed, they shall be subject to abatement by the City of Trenton as a nuisance.
(e) Proof shall be provided by the applicant in a form satisfactory to the Zoning Administrator that the proposal has been approved by all agencies and governmental entities with 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.
(f) Lights, beacons or strobes of any kind shall not be permitted on any tower, antenna, or equipment unless required by the Federal Aviation Administration.
(g) No towers shall be located nearer to a residential district than 500 feet, or within 250 feet of a public street or nearer to any property lines than fifty percent of the height of the proposed tower.
(h) The minimum size of any tower site shall be five acres. The distance between telecommunication facilities and other non-related buildings on the same site shall be at least thirty feet.
(i) Shared usage of towers and transmission facilities is encouraged, and towers should be designed to accommodate such uses, including municipal telecommunication needs. Appropriate shared parking and access must be provided for co-located facilities on one tower.
(j) The applicant must co-locate except where the applicant can demonstrate by clear and convincing evidence that its tower antennas 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 existing tower users in the geographic area to be served stating the applicant's siting needs and/or sharing capabilities. In determining whether a tower antenna can or cannot be located on another communication tower, building, or structure, the City shall consider the space available on the 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.
(k) The applicant will hold the City harmless against all claims, demands, suits, causes of action and judgments due to any damage caused by the operation or construction of the facility.
(Ord. 25-97. Passed 7-3-97.)