All applications for Wireless Communication Towers shall be subject to Conditional Use Permits granted by the Planning Commission. The Planning Commission shall require the applicant to demonstrate compliance with the following standards in deciding whether to approve an application for a wireless communication tower and/or antenna:
(a) All applicants must first demonstrate that they have used their best efforts to obtain technically suitable space on existing towers, buildings or structures as follows:
(1) The applicant shall list on his application the location of every tower, building, or structure that is technically suitable to support the propose antenna;
(2) The applicant must demonstrate by and through a written report submitted to the City, that a technically suitable location is not reasonably available on any and all existing towers, buildings or structures.
(3) Where another communication tower is deemed technically suitable, the applicant must demonstrate by and through a written request, that it has requested collocation but was turned down by the owner. In this instance, the applicant must further demonstrate by and through a written request, that it offered the denying owner an opportunity to collocate on another existing or proposed tower owned by the applicant.
(4) The applicant must agree to allow collocation on tower for other communications apparatus which do not interfere with primary user.
(5) The applicant must also provide a written report certifying that other sites in the City and in the surrounding communities are not preferred sites and that the application for a certain site within the City of Wickliffe is the best site under and according to reasonable engineering standards.
(b) The communication tower and equipment shelter shall comply with all natural resource protection standards established in the Zoning Code and/or other applicable sections in the Codified Ordinances of the City of Wickliffe, including those for flood plains, wet lands and steep slopes.
(c) Screen and/or security fencing shall be provided for aesthetic and public safety reasons. A fence at least eight feet in height will be erected completely around the tower, equipment shelter and any guy wires, either completely or individually, as determined by the Planning Commission. No advertising is permitted on or near this facility, with the exception of identification signage.
(d) Towers and structures shall be designed to withstand wind gusts of at least 80 miles per hour with one-half inch of icing.
(e) A buffer area of 200 feet and a landscaped buffer area of not less than ten feet in depth shall be place between the wireless telecommunication facilities and the public right-of-way, residential use districts, and any adjacent residential uses. The ten foot landscape buffer shall consist of a tight screen fence of hardy evergreen shrubbery not less than six feet in height. The landscaping shall be continuously maintained and promptly restored, if necessary.
(f) The owner of the antenna and/or tower shall annually file a declaration with the Building Department as to the continuing operation of every facility installed subject to this Chapter. Once the Building Department has determined that the use of a facility is or has ceased, the facility's owner or operator will receive written costs from the Building Department, and instructed to either reactivate the facility's use, or dismantle and remove the facility, either of which must occur within 180 days. If reactivation or dismantling does not occur within 180 days, the municipality will remove or will contract to have the facility removed, and assess the owner/operator the costs associated with such removal.
The owner/operator of the antenna and/or tower shall sign a written consent to annual inspection of the wireless telecommunication facility by the City Engineering Department or other representatives as appointed by the municipality.
Additionally, owners or operators shall be required as a condition to the issuance of a permit to post a cash or surety bond of not less than two hundred dollars ($200.00) per vertical foot. Said bond shall insure that any abandoned, obsolete or destroyed wireless telecommunication antenna or tower shall be removed within the mandatory 180 days. Any co-locator shall also execute such a bond to insure that the bond will be in place during the period of time that the colocator occupies the tower.
(g) Outdoor storage of any supplies, vehicles, or equipment related to the use of the facility is prohibited.
(h) Except as required by law, an antenna or a tower shall not be illuminated, and lighting fixtures or signs shall not be attached to the antenna or tower.
If lighting is required by FAA regulations, white strobe lights shall not be permitted at night unless no other alternative is permitted by the FAA. Lighting for security purposes shall be permitted at the wireless telecommunication facility with a prior approval of the Planning Commission.
(i) The applicant must provide written certification from a registered engineer that the antenna and/or tower are to be constructed in compliance with all applicable federal, state and local regulations pertaining to the construction.
Additionally, prior to receiving final inspection by the City Building Department, documented certification shall be submitted to the FCC, with a copy to the City Building Department and Engineering Department, certifying that the wireless telecommunications facility complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER).
(j) No advertising shall be permitted on the wireless telecommunication facility, however, "No Trespassing" signs shall be posted around the facility with the telephone number of who to contact in the event of an emergency.
(k) The tower shall be painted a non-contrasting color determined by the Planning Commission or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
(1) A plot plan including all building uses within 500 feet shall be required at a scale of not less than one inch is equal to 100 feet.
(m) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(n) A permanent easement to the tower site must be provided thereby maintaining access regardless of other developments that may take place on the site.
(o) Any decision to deny a request to place, construct or modify a Wireless Telecommunications Antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Planning Commission.
(p) Underground equipment shelters are encouraged and may be requested by the Planning Commission.
(Ord. 1999-82. Passed 2-14-99.)
(Ord. 1999-82. Passed 2-14-99.)