1181.01 Definitions.
1181.02 Conditionally permitted uses.
1181.03 General requirements.
1181.04 Nonresidential districts.
1181.05 Residential districts; exceptions.
1181.06 Criteria for a conditional use.
CROSS REFERENCES
Interrupting or impairing television, radio, telephone, telegraph or other mass communication service - see Ohio R.C. 2909.04
Telegraph and telephone companies - see Ohio R.C. Ch. 4931
Powers and restrictions on public utility services - see Ohio R.C. 4931.11
Property defined to include cable television service - see GEN. OFF. 501.01(j)(1)
Cable television services defined - see GEN. OFF. 545.01(s)
Prosecutions for theft of utilities - see GEN. OFF. 545.19
Cable television - see B.R. & T. Ch. 717
Amateur radio antennas and other broadcasting towers - see P. & Z. 1163.025
Satellite earth stations and broadcast receiving antennas - see BLDG. Ch. 1345
As used in this chapter:
(a) “Collocation” means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(b) “Lattice tower” means a support structure constructed of vertical metal struts and cross braces, forming a triangular or square structure which often tapers from the foundation to the top.
(c) “Monopole” means a support structure of a single, self-supporting hollow metal tube securely anchored to a foundation.
(d) “Open space” means land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).
(e) “Telecommunications” means the technology which enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems.
(f) “Wireless telecommunications antenna” means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
(g) “Wireless telecommunications equipment shelter” means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(h) “Wireless telecommunications facility” means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(i) “Wireless telecommunications tower” means a structure intended to support equipment used to transmit and/or receive telecommunications signals, including monopoles and guyed and lattice construction steel structures.
(Ord. 97-4. Passed 4-1-97.)
The following requirements shall apply to all wireless telecommunications facilities, regardless of the zoning district in which they are to be located These general standards are to be supplemented with the specific regulations for nonresidential and residential districts as set forth in Sections 1181.04 and 1181.05.
(a) When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale of not less than one inch equals 100 feet shall be submitted. This plot plan shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
(b) The location of the tower and equipment shelter shall comply with all natural resource protection standards established in these Codified Ordinances, including those for floodplains, wetlands and steep slopes.
(c) Security fencing eight feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually, as determined by the Planning Commission.
(d) The following buffer plantings may be located around the perimeter of the security fence as deemed appropriate by the Planning Commission: An evergreen screen that consists of either a hedge planted three feet on center maximum or a row of evergreen trees planted five feet on center maximum.
(e) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(f) Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who or which supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within thirty days. The applicant's letter or letters, as well as any response or responses thereto, shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.
(g) Any application to locate an antenna on a building or structure that is listed on an historic register, or is in an historic district, shall be subject to review by the Municipality's Architectural Review Board or the Building Inspector, if there is no such review board.
(h) The tower shall be painted a noncontrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
(i) No advertising shall be permitted anywhere on the facility, with the exception of identification signage.
(j) All providers utilizing towers shall present a report to the Building Inspector notifying him or her of any tower facility located in the Municipality whose use will be discontinued and the date this use will cease. If, at any time, the use of the facility is discontinued for 180 days, a designated local official may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility's owner/operator will receive written notice from the Building Inspector and will be instructed to either reactivate the facility's use within 180 days or dismantle and remove the facility. If reactivation or dismantling does not occur, the Municipality will remove, or contract to have removed, the facility, and assess the owner/operator for the costs thereof.
(k) No tower under 150 feet shall be artificially lighted except to assure safety or as required by the FAA. Any tower between 150 and 200 feet in height shall follow safety marking and obstruction lighting requirements as prescribed by the FAA. Security lighting around the equipment shelter is permitted.
(l) “No Trespassing” signs shall be posted around the facility with a telephone number of the person to contact in the event of an emergency.
(m) Applicants will provide evidence of legal access to the tower site, thereby maintaining this access regardless of other developments that may take place on the site.
(n) A conditional use permit must be approved by the Planning Commission and/or Council with a subsequent building permit issued by the Building Inspector for construction of new towers in nonindustrial districts. Collocation of antennas on a single tower, antennas attached to existing structures/buildings, towers located in industrial districts or replacement towers to be constructed at the site of a current tower are permitted uses and will not be subject to the conditional use permitting process.
(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 evidence contained in a written record of the proceedings of the Planning Commission.
(p) Underground equipment shelters shall be required in nonindustrial districts.
(Ord. 97-4. Passed 4-1-97.)
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