(a) Purpose. The purpose of Section 1151.13 of this Zoning Code is to regulate the placement, construction, and modification of wireless telecommunication facilities and their support structures in order to protect the public health, safety and welfare, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Miami Valley Region. Specifically, the purposes of such sections are:
(1) To direct the location of various types of towers and wireless telecommunications facilities into appropriate areas of the City of Troy.
(2) To protect residential areas and land uses from potential adverse impacts of towers and wireless telecommunications facilities.
(3) To minimize adverse visual impacts of towers and wireless telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.
(4) To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers.
(5) To avoid potential damage to adjacent properties caused by towers and wireless telecommunications facilities by ensuring such structures are soundly designed, constructed, and modified, are appropriately maintained, and are fully removed.
(6) To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are compatible with surrounding land uses.
(7) To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are designed in harmony with natural settings and in a manner consistent with current development patterns.
(b) Applicability. All towers, antenna support structures, and wireless telecommunication facilities, any portion of which is located within The City of Troy, are subject to Section 1151.13 of this Zoning Code. Except as provided herein, any use being made of an existing tower or antenna support structure on the effective date of this Zoning Code shall be deemed a nonconforming structure and allowed to continue, even if in conflict with the terms of this Zoning Code. Any tower site that has received approval in the form of a zoning or building permit by the City of Troy, but has not yet been constructed or located, shall be considered a nonconforming structure so long as such approval is current and not expired.
(c) Standards.
(1) Construction Standards. All wireless telecommunication facilities and support structures shall be certified by an Engineer licensed in the State of Ohio to be structurally sound and, at a minimum, in conformance with Ohio Basic Building Code.
(2) Natural Resource Protection Standards. The location of the wireless telecommunication facility shall comply with all natural resource protection standards established either in this Zoning Code or in other applicable regulations, including those for flood plains, wetlands, groundwater protection, and steep slopes.
(3) Historic or Architectural Standards Compliance. Any application to locate a wireless telecommunication facility on a building or structure that is listed on a federal, state, or local historic register, or is in a historic district established by the City of Troy, shall be subject to review by the City of Troy Planning Commission to insure architectural and design standards are maintained.
(4) Color and Appearance Standards. All wireless telecommunication facilities shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission, Federal Aviation Administration, and/or by historical or architectural standards imposed under Section 1151.13(c)(3) of this Zoning Code. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by the means of camouflage deemed acceptable by the City of Troy.
(5) Advertising Prohibited. No advertising is permitted anywhere upon or attached to the wireless telecommunication facility.
(6) Artificial Lighting Restricted. No wireless telecommunication facility shall be artificially lit except as required by the Federal Aviation Administration.
(7) Co-Location. All wireless telecommunication facilities shall be subject to the co-location requirements set forth in Section 1151.13(d) of this Zoning Code.
(8) Abandonment. All wireless telecommunication facilities shall be subject to the abandonment requirements set forth in Section 1151.13(i) of this Zoning Code.
(9) Setback from Edge of Roof. Any wireless telecommunication facility and its appurtenances permitted on the roof of a building shall be set back one (1) foot from the edge of the roof for each one (1) foot in height of the wireless telecommunication facility. However, this setback requirement shall not apply to antennas that are less than two (2) inches in thickness mounted to the sides of antenna support structures and do not protrude more than six (6) inches from the side of such an antenna support structure. This requirement is subject to change by the City of Troy upon the review of the photo simulation provided in compliance with Section 1151.13(j)(3) of this Zoning Code.
(10) Security Enclosure Required. All towers and equipment shelters shall be enclosed either completely or individually as determined by the City of Troy. The City of Troy and co- locators shall have reasonable access. Fencing shall be required, except no fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure.
(11) Existing Vegetation and Buffer Plantings. Existing vegetation (trees, shrubs, etc.) shall be preserved to the maximum extent possible, if deemed appropriate. Buffer plantings shall be located around the perimeter of the security enclosure as deemed appropriate by the City of Troy. An evergreen screen may be required around the perimeter of the property in lieu of such buffer plantings.
(12) Access Control and Emergency Contact. "No Trespassing" signs shall be posted around the wireless telecommunications facility, along with a telephone number of whom to contact in the event of an emergency.
(d) Co-Location Requirements.
(1) Jurisdiction Study of Potential Public Sites. In order to encourage the location of a wireless telecommunication facility on publicly-owned property, the City of Troy shall cooperate with the entity desiring to locate a wireless telecommunication facility in the City to determine if it is feasible to locate such a facility on publicly-owned property.
(2) Exemption from Proof of Co-Location Availability. Persons locating a wireless telecommunication facility upon a publicly-owned property shall be exempted from the requirements herein regarding presentation of proof that co-location is not available. However, persons locating a wireless telecommunication facility on publicly owned property shall continue to be subject to the requirements contained in Section 1151.13(4) below.
(3) Exemption from Certain Requirements. Persons locating a wireless telecommunication facility on a publicly owned property identified by the City of Troy to be suitable for such purposes shall be exempt from the requirements of Sections 1151.13(e) (f) (g), and (h) of this Zoning Code.
(4) Co-Location Design Required. No new tower shall be constructed in the City of Troy unless such tower is capable of accommodating at least three (3) carriers if height is sufficient for coverage.
(5) Technically Suitable Space. Authorization for a tower shall be issued only if there is not technically suitable space reasonably available on an existing tower or structure within the geographic area to be served.
(6) Application Requirements. With the permit application, the applicant shall list the location of every tower, building, or structure within a reasonably proximity that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building, or structure within such area. If another communication tower owned by another party within such area is technically suitable, applicant must show that an offer was made to the owner of such tower to co- locate an antenna on a tower owned by the applicant on reciprocal terms within the City of Troy, and the offer was not accepted. If such co-location offer has not been attempted by the applicant, then such other tower is presumed to be reasonably available.
(e) Wireless Telecommunication Facilities in Agricultural Districts. The following wireless telecommunication facilities are permitted as a principal or accessory use upon a lot, subject to the following requirements:
(1) Antenna:
A. Maximum Height. The antenna shall not extend more than twenty (20) feet above the roof of the existing building or top of the existing structure.
B. Separate Equipment Shelter. If the applicant proposes to locate the telecommunications equipment in a separate equipment shelter, not located in or attached to the building, the equipment shelter shall comply with the accessory building regulations of the district and not be located above ground within any required front or side yard.
C. Vehicular Access. Vehicular access to the equipment shelter shall be via the existing circulation system and be paved with asphalt or concrete.
(f) Wireless Telecommunication Facilities in Agricultural-Residential and Residential Districts.
(1) Prohibited as Permitted-Principal Use. No wireless telecommunication facility is permitted as a principal use upon a lot.
(2) Accessory Use. The following wireless telecommunication facilities are permitted as an accessory use upon a lot, subject to the following requirements:
(3) Antenna. An antenna for a wireless telecommunication facility may be attached to an existing residential building or to an existing nonresidential structure subject to the following conditions:
A. Maximum Height. The antenna shall not extend more than twenty (20) feet above the roof of the existing building or top of the existing structure.
B. Separate Equipment Shelter. If the applicant proposes to locate the telecommunications equipment in a separate equipment shelter, not located in or attached to the building, the equipment shelter shall comply with the accessory building regulations of the district and not be located above ground within any required front or side yard.
C. Vehicular Access. Vehicular access to the equipment shelter shall be via the existing circulation system and be paved with asphalt or concrete.
(g) Wireless Telecommunication Facilities in Office, Business, and Wellhead Operation Districts. The following wireless telecommunication facilities are permitted as a principal or accessory use upon a lot, subject to the following requirements:
(1) Antenna. An antenna for a wireless telecommunications facility is permitted in the OR-1, OC-1, B-1, B-2, B-3, B-4 and WO Districts, subject to the following requirements:
A. The antenna shall not be attached to a residential structure.
B. Maximum Height. The antenna shall not extend more than twenty (20) feet above the roof of the existing building or top of the existing structure.
(h) Wireless Telecommunication Facilities in Industrial Districts. The following wireless telecommunication facilities are permitted as a principal or accessory use upon a lot, subject to the following requirements:
(1) Tower:
A. Maximum Height. The maximum height of such tower shall be less than the distance of such tower from the nearest property line.
B. Minimum Setback from Property Lines. The minimum setbacks and yard requirements for principal or accessory structures shall apply.
C. Minimum Setback from Residential Structure. No tower shall be located a distance less than its height from a structure used as a residence.
D. Equipment Shelter. The minimum setbacks and yard requirements for principal or accessory structures shall apply and such shelter shall not be located above ground in any required front or side yard.
(2) Antenna: The antenna shall not be attached to a structure unless such structure is four (4) or more stories in height.
(i) Abandonment of Wireless Telecommunication Tower.
(1) Required Notification. All providers utilizing towers shall present a report to City of Troy notifying it of any tower facility located in the City of Troy whose use will be discontinued and the date this use will cease. Such report shall be filed with the City of Troy thirty (30) days prior to the cessation date. If at any time the use of the facility is discontinued for one hundred eighty (180) days, the zoning inspector may declare the facility abandoned. The one hundred eighty (180) day period excludes any dormancy period between construction and the initial use of the facility. The owner/operator of the facility shall, upon receipt of a written notice from the Zoning Administrator, to either reactivate use of the facility within one hundred eighty (180) days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the City of Troy will either remove the facility or will contract to have the facility removed and assess the owner/operator the costs.
(2) Required Notice to Owner. The City of Troy must provide the tower owner thirty (30) days notice and an opportunity to be heard before the Board of Zoning Appeals before initiating such action to remove or dismantle the facility. After such notice has been provided, the City of Troy shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the current fair market value at that time, or in the alternative, order the demolition of the tower and all appurtenances.
(3) Right to Public Hearing by Owner. The City of Troy shall provide the tower owner with the right to a public hearing before the Board of Zoning Appeals, which public hearing shall follow the thirty (30) day notice required in Section 1151.14(2) of this Zoning Code. All interested parties shall be allowed an opportunity to be heard at the public hearing.
(4) Order of Abatement or Demolition. After a public hearing is held pursuant to Section 1151.14(3) of this Zoning Code, the City of Troy may order the abatement or demolition of the tower. The City of Troy shall require licensee to pay for all expenses necessary to acquire or demolish the tower.
(j) Application and Review Requirements for Wireless Telecommunication Facilities.
(1) Required Information for Applications. All applications for wireless telecommunication facilities, including towers, shall include the information required under this Section.
(2) Plot Plan Required. When a proposed wireless telecommunications facility or antenna support structure is to include a new tower, a plot plan at a scale of not less than one inch equals one hundred (100) feet shall be submitted. This plot plan shall indicate all building and land uses within two hundred (200) feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
(3) Photo Simulations Required. Photo simulations of the proposed wireless telecommunication facility from affected residential properties and public rights-of-way taken at designated locations shall be provided.
(4) Proof Why Nonresidential Tower Location Not Feasible. In applying for authorization to erect a tower within any residential district, the applicant must present sufficient evidence as to why it is not technically feasible to locate such tower in a more appropriate nonresidential zone. City of Troy shall review this evidence. If City of Troy refutes the evidence, then the tower is not permitted.
(5) Technical Necessity. The applicant shall demonstrate that the telecommunication tower must be located where it is proposed in order to provide adequate coverage to the applicant's service area. There shall be an explanation of why a tower and the proposed site are technically necessary.
(6) Review by Radio Frequency Engineer. A radio frequency engineer, who will support or refute the evidence, shall review the evidence submitted by the applicant.
(7) Land Owner Support and Access. Where the wireless telecommunication facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property supports the application and vehicular access is provided to the facility.
(8) Required Site and Landscaping Plan. The applicant shall present a site and landscaping plan showing the following:
A. Specific placement of the wireless telecommunication facility on the site.
B. The location of existing structures, trees, and other significant site features.
C. Type and locations of plant materials used to screen the facilities.
D. The proposed color of the facilities.
(9) Co-Location and Removal Agreement. The applicant shall present signed statements indicating that:
A. The applicant agrees to allow for the potential co-location of additional wireless telecommunication facilities by other providers on the applicant's structure or within the same site location; and
B. The Applicant agrees to remove the facility within one hundred eighty (180) days after its use is discontinued.
(10) Denial by Jurisdiction. Any decision to deny a request to place, construct or modify a wireless telecommunication facility and/or tower shall be in writing and supported by evidence contained in a written record.