§ 154.498  GENERAL REQUIREMENTS.
   (A)   Principal or accessory use.  Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For the purpose of determining whether the installation of an antenna or tower complies with district development regulations and these regulations, including but not limited to setback regulations, lot coverage requirements and other such requirements; the dimensions of the entire lot shall control even though the antennas or towers may be located on leased parcels within such lots. Towers or antennas that are installed in accordance with the provisions of this subchapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
   (B)   Minimum information required for application. In addition to the information required for all conditional zoning applications as defined in §§ 154.542 through 154.546 of this chapter, the following information is required for a complete application (applicants judged to comply with § 154.497 shall be exempt from providing items (1), (2), (6) and (7) below):
      (1)   Inventory of existing facilities. Each applicant shall provide as part of the conditional zoning application an inventory of its existing towers within two miles of the corporation limits of the city. The application shall also include specific information about the location, height and design of each tower or antenna. This information may be shared with the public with the recognition that no representation or warranting of availability or suitability of such sites for lease or other purposes is provided;
      (2)   Adjacent uses plot plan. Each applicant shall provide as part of the conditional zoning certificate application a plot plan which defines building locations, land uses and property ownership within 500 feet of a proposed tower or antenna. If an applicant has made a reasonable effort but has been unable to gain access to property to prepare a plot plan, the applicant may then provide an aerial photograph which shows the information otherwise required on the plot plan.
      (3)   Federal requirements. Each applicant shall provide as part of the application for conditional zoning certificate evidence of compliance with minimum Federal Communications Commission (FCC) requirements for radio frequency emissions, evidence of compliance with Federal Aviation Administration (FAA) standards for height and lighting and certificates of compliance from all required agencies;
      (4)   Building Code and safety standards.  Each applicant for a conditional zoning certificate shall provide evidence that the tower has been designed to meet the minimum structural standards for antennas and facilities for a minimum of three providers of telecommunications services including the applicant. Information shall also include a description of the number and types of antennas the tower can accommodate. The applicant must also supply evidence, in the form of a soils report, which complies with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, to document design specifications of the foundation for the tower. All of the above evidence must be provided by a licensed professional engineer and comply with nationally accepted standards for tower and antenna design. Any pre-fabricated accessory building proposed must show evidence of an approval certificate from the State of Ohio;
      (5)   Evidence of lease agreement. Any applicant must demonstrate evidence of a lease agreement which clearly defines the premises leased for the wireless telecommunication facility. The lease must further describe in detail sufficient to the City Planning Commission the responsibility of the telecommunication service provider or the property owner with respect to demolition of the tower upon abandonment;
      (6)   Agreement for joint use of facilities. All applicants must provide written evidence of willingness to permit joint use (co-location) of other telecommunications service providers on the tower subject to reasonable and accepted standards for design and construction costs and lease rates; and
      (7)   Evidence of available suitable existing structures. Applicants must provide, as appropriate, information and evidence to justify new tower construction as defined in § 154.500.
(Ord. 97-036, passed 5-20-97)