(a) Location Criteria. Wireless telecommunications facilities, towers, and related structures may be located in any zoning district, as established by Chapter 1268 and as defined in Chapter 1270 of this Planning and Zoning Code, and located according to the Official Zoning Map, as a conditional use per Section 1280.10. Generally, wireless telecommunications towers are objectionable in residential areas because their use is industrial in nature, and may be objectionable in the community at large because they are frequently considerably taller that surrounding structures, causing them to be seen from long distances. Their location is therefore regulated as permitted by the Telecommunications Act of 1996, as may from time to time be amended. Prior to approval, the provider shall demonstrate by clear and convincing evidence that if towers and related wireless telecommunications facilities are located in the City of Vermilion, they shall not adversely affect the natural or man-made environment or the architectural setting, and that their location shall not pose a reasonable risk to the health and safety of residents.
(1) Priority. In order to accommodate the communications needs of residents and businesses while protecting the health, safety, and general welfare, the City of Vermilion recommends and encourages the placement of wireless telecommunications facilities and towers in non-residential areas, in the following order of preference:
A. City-owned property.
B. Industrial areas.
C. Quasi-public areas.
D. Business districts, excluding the Harbour Town Historic District, as outlined in paragraph (a)(10) hereof.
E. Other non-residential districts deemed appropriate by review of the Planning Commission and approval of City Council.
(2) Sole use on a lot. A wireless telecommunications tower and related facilities are permitted as the sole use on a lot, and may be permitted, by approval of the Planning Commission, on lots containing other uses where existing structures enable co-usage, including on City-owned property.
(3) Placement in residential zoning districts. In order to locate wireless telecommunications towers and related facilities in residential zoning districts, the applicant service provider shall demonstrate to the Planning Commission that there is sound technical and geographic reasons for doing so, such as: (i) written verification that offers to co-locate with other providers or placement as a co-usage with other structures within Vermilion or neighboring communities have proven ineffective, or (ii) evidence that, in order to provide wireless telecommunications services to the residents and businesses in a manner that serves their best interests, such towers and facilities may only be placed in a residential zoning district.
(4) Co-location and co-usage. In residential zoning districts, co-location and co-usage shall be explored as the primary means of locating towers and/or antennas. When a wireless telecommunications facility is located in conformity with this chapter, and the antenna(s) is (are) placed as a co-usage and is (are) attached to an institutional, recreational, public utility, office, industrial, or commercial structure or building, equipment and apparatus supporting a facility shall be stored on the premises inside the wireless telecommunications equipment building or other structure on the premises of the facility.
(5) Setbacks. For purposes of this chapter only, any provision of this Planning and Zoning Code notwithstanding, the setback for a tower of any variety, including monopole, shall be measured from the base of the tower at the point where it is placed in the ground to the property line. The exception to this regulation is when a tower or antenna is placed or affixed as a co-usage, in which case the setback shall be measured from the base of the tower or antenna at the point where it is placed on the existing structure to the property line.
A. An equipment building and all other structures, except the tower, shall be set back the minimum distance required in the zoning district.
B. Except as provided in paragraphs (a)(3)D. and E. hereof, in industrial zoning districts, the setback for the tower shall be at least fifty percent of the total height of the tower. A minimum of seventy-five feet shall be required.
C. Except as provided in paragraphs (a)(3)D. and E. hereof, in non- industrial zoning districts, the setback for the tower shall be seventy-five percent of the total height of the tower. A minimum of seventy-five feet shall be required.
D. In any zoning district where the lot on which a tower is located abuts another lot on which is located a school of any type, including institutions of higher learning beyond high school level, public or private parks (but not including golf courses), hospitals, playgrounds, day care centers, health centers, or other human services and educational uses, the setback for a tower shall be equal to the total height of the tower.
E. In any zoning district where a lot on which a tower is located abuts any lot within a residential zoning district of any classification, the setback for a tower shall be equal to the total height of the tower.
F. Guy wires may be anchored within the required setback area only if the tower itself is placed in conformity with this chapter regarding setbacks, but guy wires and other similar supporting devices shall be not less than ten feet from any adjoining lot, regardless of the underlying zoning district.
(6) Amateur radio towers. Towers supporting amateur radio antennas and conforming to all applicable provisions of this chapter shall be permitted in residential zoning districts, but not as a sole use of a lot, and only in the rear yard of such parcels, as defined in this Planning and Zoning Code.
(7) Government placement. The City of Vermilion and any other governmental entity may locate wireless telecommunications towers and related facilities in residential zoning districts, even as the sole use of the lot, but only on publicly owned property. The City of Vermilion may contract with private wireless telecommunications service providers to locate a tower and related facilities on City-owned property in residential zoning districts, provided that all provisions of this chapter are followed.
(8) Open space. Wireless telecommunications towers and related facilities are permitted on land which has been established as permanent open space or a park, subject to the following conditions:
A. In order to locate wireless telecommunications towers and related facilities in permanent open space or park lands, the applicant/service provider shall demonstrate to the Planning Commission that there is sound technical and geographic reasons for doing so, such as: (i) written verification that offers to co-locate with other providers or placement as a co-usage with other structures within Vermilion or neighboring communities have proven ineffective, or (ii) evidence that, in order to provide wireless telecommunications services to the residents and businesses in a manner that serves their best interests, such towers and facilities may only be placed in open space or in park lands.
B. The open space shall be owned and overseen by the City of Vermilion, Lorain and Erie Counties, the State of Ohio, the United States of America, other governmental or quasi-governmental agencies, a private homeowners association, or a private, non-profit conservation organization.
C. In permanent open space or park lands, all towers shall be camouflaged using the best and most advanced techniques possible, pursuant to paragraph (c)(5) hereof. This provision cannot be waived by the Planning Commission.
(9) Subordinate to surrounding uses. Towers and related wireless telecommunications facilities shall be placed, constructed, and modified subordinate and in deference to the use of private, residentially zoned or used property, by minimizing the visual effect on adjoining and vicinity residential properties, and to minimize the visual, often unattractive, impact towers and related wireless telecommunications facilities create when viewing them from a distance.
(10) Harbour Town Historic District. Wireless telecommunications towers and related facilities shall be prohibited from locating within the Harbour Town Historic District as defined in Section 1224.01 of this Planning and Zoning Code, except as a co-usage with existing facilities and structures. As it is in the interest of the residents of the City of Vermilion to preserve and protect the valuable historic buildings, neighborhoods, and authenticity of the Harbour Town Historic District, the location of a wireless telecommunications tower of any variety, as a sole use on a zoning lot, shall be strictly prohibited. The requirement of co-usage with existing facilities, such as buildings, water towers, etc., shall be the only permissible location of wireless telecommunications towers and related facilities within the boundaries of the Harbour Town Historic District. In the Harbour Town Historic District, all towers, antennas, and related facilities shall be camouflaged using the best and most advanced techniques possible, pursuant to paragraph (c)(5) hereof. This provision cannot be waived by the Planning Commission.
(11) Interrelationship of towers and related structures. A tower and its related wireless telecommunications equipment building and other structures, landscaping, and other features, if any, shall be located on a single zoning lot. The provider shall locate a tower and related wireless telecommunications facilities only on a zoning lot of sufficient dimensions and conditions to accommodate the overall facility, tower, etc., so that all minimum setbacks and other zoning requirements of the underlying zoning districts are met.
(b) Design Criteria.
(1) Co-location ability. Any wireless telecommunications tower shall be designed, structurally and electrically, to accommodate both the applicant's antenna and, at a minimum, comparable antennas for at least two additional service providers if the tower is at least 100 feet in total height, or for one additional service provider if the tower is at least thirty feet in total height. Towers shall be designed to allow for future rearrangement of antennas on the tower and to accept antennas mounted at various heights.
(2) Maximum height. The maximum height of a tower shall not exceed 200 feet, unless a technically sound and required reason for locating a higher tower is demonstrated to the satisfaction of the Planning Commission and the City Council to be in order, on a case by case basis, by the wireless telecommunications service provider making the request. Approval for other similar projects does not necessarily constitute a technically sound and required reason for subsequent projects; therefore, service providers are cautioned to develop proof and reasoning independent of other projects. When a higher tower is required by a provision of law consistent with the Telecommunications Act of 1996, as may from time to time be amended, the provider shall submit written verification of such fact. Towers less than 200 feet in height are especially encouraged. Wireless telecommunications towers higher than 200 feet or located within 2,500 feet of any airport runway, public or private, shall be registered with the FAA. The provider/operator of such tower shall submit written verification of such registration with the FAA.
(3) Underground facilities. Underground wireless telecommunications equipment buildings are especially encouraged, especially on zoning lots in, or abutting, residential zoning districts where a tower is placed.
(c) Aesthetics.
(1) Landscaping. All towers and related wireless telecommunications facilities shall be located in a landscaped setting. A landscaped buffer area of not less than ten feet in depth shall be placed between the wireless telecommunications facility and the public right-of-way, residential zoning district, and any adjacent residential use, regardless of the underlying zoning district thereof. Such buffer area shall, at a minimum, consist of dense foliage and vegetation, of at least partially evergreen species, not less than six feet in height. Landscaping shall be continuously maintained and promptly reconditioned, if necessary. Other landscaping may be required by the Planning Commission. The arrangement of landscaping and the overall design thereof within a zoning lot on which a wireless telecommunications tower and related facility is placed may be considered by the Planning Commission.
(2) Fencing. Screened fencing shall be provided for appearance, public safety, and personal security, according to the following requirements:
Minimum (in ft.) | Maximum (in ft.) | ||
A. |
Height. Any residential zoning district |
3 |
6 |
Any commercial zoning district |
3 |
8 | |
Any industrial zoning district |
3 |
8 |
B. Type. In any zoning district, the screened fencing shall consist of a chain link fence, as defined in this Planning and Zoning Code, for the underlying zoning district. Fencing in an industrial zoning district may be capped with barbed wire a maximum of twelve inches. The barbed wire portion, if any, shall be included in the measurement of the total height of such fencing.
C. Color. Fencing may be unpainted or painted to blend into the surrounding area.
D. Security. Access to the tower and related wireless telecommunications facilities shall only be through a locked gate, properly maintained and secured twenty-four hours per day. The City of Vermilion shall not be responsible for any damage to the tower or other auxiliary structures, and shall be held harmless from any liability of any kind relating to damage, destruction, misfeasance of the tower or auxiliary structures, and from any personal injury to any party whomever.
(3) Illumination. Lighting shall be required for that part of towers in excess of 100 feet, or as otherwise required by the FAA. When such lighting is required by the FAA or other governmental authority, and the zoning lot on which a tower is located abuts any residential zoning district, it shall be oriented inward of the zoning lot and shall not project, or be cast, onto any or all abutting zoning lots within residential zoning districts. Except as previously detailed or as required by law or safety factors as determined by the City of Vermilion, an antenna or tower shall not be illuminated, and lighting fixtures or signs, other than those sanctioned by this chapter, shall not be attached to an antenna or tower. Security lighting shall be permitted for the wireless telecommunications equipment building and other auxiliary structures, if any. Any permitted lighting shall be situated and directed so as not to emit light directly or indirectly onto any adjoining residential property, and, in any zoning district, such lighting shall be designed, placed, and directed to minimize its emission and glare onto any adjoining property.
(4) Signs, symbols/logos, advertising, identification. Identification of towers and related wireless telecommunications facilities shall be permitted if required by the FCC, the FAA, the Federal or State EPA, OSHA, or other governmental agency for regulation or identification purposes, as necessary, pursuant to the Telecommunications Act of 1996, as may from time to time be amended, or other applicable law. The City of Vermilion shall be permitted to require identification signs. A tower or related wireless telecommunications facility shall contain no symbols/logos whatever. The fencing surrounding the wireless telecommunications equipment building shall contain the appropriate number of signs to warn the public of danger and, also, at least two signs stating "NO TRESPASSING", and a sign identifying the wireless telecommunications service provider, of a type, size, and color as approved by the Planning Commission. No advertising whatever shall be permitted on towers or related wireless telecommunications facilities, unless required by law. All such signs shall be permanently attached to the tower or other wireless telecommunications structure and shall be placed at least four feet above grade. The only colors permitted shall be black, white, red, yellow, orange, or any combination of these colors. Signs shall not be illuminated in any manner. Luminous paint may be used on signs, if approved by the Planning Commission.
(5) Camouflaging.
A. The Planning Commission may require additional landscaping as part of a camouflage plan. Camouflaging of towers is especially encouraged in all zoning districts, but shall be required using the most advanced techniques possible in all residential zoning districts.
B. Camouflaging may take the form of erecting a tower which resembles or mimics another object, such as a tree or flag pole. Camouflaging may also consist of placing antennas on existing structures such as water towers or buildings in such a way that they are not easily detected and cannot be seen by the naked eye from a long distance. Antennas may be placed on trees, if technically feasible, and if such placement would provide wireless telecommunications services to the residents and businesses of Vermilion equal to that if such antennas were placed on towers. If antennas are placed on trees, they shall be camouflaged.
C. A building or other structure may be a prop only, that is, unused and unusable as anything but a device to camouflage an antenna. It shall be aesthetically pleasing and maintained continuously.
D. Camouflaging, whatever variety and however employed, shall be of a type compatible with the immediate surrounding area and the City at large in color, design, material, appearance, and its method of mimicry. For example, an artificial oak tree, 100 feet in height would satisfy this requirement. An artificial palm tree would not.
E. Antennas may be placed on facades of buildings if colored and designed to match the color, texture, and style of the building to which it is attached, and shall be attached at least twenty-five feet above grade.
F. Wireless telecommunications towers and related facilities shall not be located in the district known as "the Harbour Town Historic District" as defined in Section 1224.01 of this Planning and Zoning Code, or any other district which shall become so designated as a historically and/or architecturally significant district, or as a special district recognized and set apart as significant to the community's heritage or traditions, unless it is proven that in order to provide wireless telecommunications service, such towers or facilities may not be located elsewhere within Vermilion. Any tower and related wireless telecommunications facilities permitted in such district shall be located as a co-usage with existing facilities and structures. As it is in the interest of the residents of the City of Vermilion to preserve and protect the valuable historic buildings, neighborhoods, and authenticity, the location of a wireless telecommunications tower of any variety, as a sole use on a zoning lot, shall be strictly prohibited. The placement as a co-usage with existing facilities such as buildings, water towers, etc., shall be the only permissible location of wireless telecommunications towers and related facilities within the boundaries of the Harbour Town Historic District. Any tower and related wireless telecommunications facilities shall be camouflaged in such districts.
(6) Colors of towers. All towers of any type shall be of a color which blends into the natural color of the immediate area or skyline, but shall not be painted at all, if by coloring the tower, it would be more visible to the naked eye from a long distance than if it were erected in the ordinary tone of its construction materials, such as the grayish color of galvanized steel. If towers are painted, they shall be maintained within the requirements of the City's property maintenance codes.
(Ord. 99-46. Passed 10-24-99.)