Brewster City Zoning Code

WIRELESS TELECOMMUNICATION

FACILITIES

§ 153.230 INTENT.

Wireless telecommunication facilities shall be permitted as a conditional use in specified zoning districts as hereinafter set forth contingent upon a number of specific conditions and requirements being met. These criteria are enacted in an attempt to minimize safety, public welfare and visual concerns through buffering, siting, design and construction, and reducing the need for new towers.

(Ord. 30-1974, § 502.1, passed 7-15-1974; Ord. 23-2000, passed 7-17-2000)

§ 153.231 NOT PERMITTED.

Except as provided in § 153.232, which follows, wireless telecommunication facilities are not permitted in any residential or business zoning district.

(Ord. 30-1974, § 502.2, passed 7-15-1974; Ord. 23-2000, passed 7-17-2000)

§ 153.232 PERMITTED.

Wireless telecommunication facilities may be permitted as a conditional use in an I-1 Restricted Industrial District, or an I-2 Industrial District. Wireless telecommunication facilities may be permitted as a conditional use in a residential or business district if:

(A) The facilities are located on the rooftop of a hospital, high rise apartment or a school in such a district. Such use shall remain subject to the conditional use requirements contained in this chapter; and

(B) All or part of the facilities are owned or leased by a political subdivision and constitutes part of or serves a system of wireless telecommunication facilities operated by the political subdivision for essential safety or other governmental communications. Such use shall remain subject to the conditional use requirements contained in this chapter.

(Ord. 30-1974, § 502.3, passed 7-15-1974; Ord. 23-2000, passed 7-17-2000)

§ 153.233 PERMIT APPLICATION.

The applicant for a conditional use permit for a wireless telecommunication facility, in addition to complying with all requirements contained in §§ 153.365 through 153.367 and 153.380 through 153.383, the conditional use regulations, shall provide the following information to the Zoning Inspector in conjunction with the application:

(A) A set of plans specifying the applicant’s proposed land use and building and tower elevation drawings which specify the colors and types of materials to be used;

(B) A tax map identifying lot numbers within a 300 foot radius from the outside edge of the affected property, along with a list of the property owners and addresses within that 300 foot radius;

(1) Collocation with an existing facility is not feasible;

(2) The tower is necessary at the specific location;

(3) A soil report has been prepared which complies with the standards of Appendix 1: Geotechnical investigations, ANSI/EIA 222-F, as amended, which substantiates the ability to support the proposed design;

(4) An ice load report has been prepared which complies with ANSI/EIA 222-F (Annex H: Commentary on new ice design criteria for telecommunication structures);

(5) The proposed tower complies with all state and federal laws and regulations concerning air safety;

(6) The number and type of antennas that the tower can accommodate;

(7) The plan is in compliance with all natural resource protection standards including flood plains, wetlands and steep slope regulations;

(8) The tower will withstand wind gusts as specified in the Ohio Basic Building Code; and

(9) The foundation is designed to support a tower of up to 200 feet above the finished grade.

(D) Where the telecommunication facility is located on the property with another principal use, evidence of legal access from the owner of the property and that vehicular access is provided to the facility; and

(E) A maintenance statement to the effect that the facility owner/operator shall be responsible for the upkeep of the site.

(Ord. 30-1974, § 502.4, passed 7-15-1974; Ord. 23-2000, passed 7-17-2000)

§ 153.234 GENERAL REQUIREMENTS.

(A) The following requirements shall apply to all wireless telecommunication facility, regardless of the zoning district in which it is located:

(1) A security fence eight feet in height with barbed wire around the top shall completely surround the tower, equipment building and any guy wires. No security fencing will be required around a rooftop structure. The appearance of a rooftop structure shall be consistent with the appearance of the existing building;

(2) Buffer plantings shall be located around the perimeter of the security fencing as follows:

(a) An evergreen screen shall be planted that consists of either a hedge planted at a maximum of three feet on center, or a row of evergreen trees planted at a maximum of five feet on center; and

(b) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

(3) An antenna may not be located on or adjacent to a building or structure that is listed on an historic register or is in an historic district;

(4) The tower shall be painted a non-contrasting gray or similar color to minimize its visibility unless otherwise required by the Federal Communications Commission or Federal Aviation Administration;

(5) No advertising is permitted anywhere on the facility;

(6) The tower shall not be artificially lighted except to ensure safety as required by the Federal Aviation Administration;

(7) “No Trespassing” signs shall be posted around the facility with an emergency telephone number of whom to contact in the event of an emergency;

(8) A permanent easement to the tower site must be provided thereby maintaining access regardless of other developments that may take place on the site;

(9) The facility shall meet frequency emission standards as established by the Federal Communications Commission;

(10) Antennas may be added from time to time to a wireless telecommunication tower in such number, and of such type, as are contemplated by the conditional use permit first issued for the wireless telecommunication facility, without need for subsequent approval of such additional antennas; provided that a separate conditional use permit or modification to the existing permit, shall be required for any additional wireless communications equipment buildings that are proposed to be constructed;

(11) Applicant or the property owner responsible for the upkeep of the property shall commence construction of the wireless telecommunication facility within 180 days of issuance of the conditional use permit and shall complete construction within six months or the conditional use permit will expire; and

(12) As a further condition of issuance of a conditional use permit the Zoning Inspector shall require the applicant and property owner to certify that construction is not commenced within 180 days, or completed within six months, that the site will be available for another wireless telecommunication facility.

(B) In addition to all the other requirements contained in this chapter, where a wireless telecommunication facility is to be constructed either as a sole use on a lot or in combination with other uses or existing structures, the following requirements shall be met.

(1) As a sole use. Wireless telecommuni-cation facilities to be located as a sole use on a lot shall be subject to the following:

(a) Minimum area, frontage and yard requirements shall comply with such requirements as are specified in the chapter concerning the specific zoning district;

(b) Minimum yard requirements:

1. Tower. The minimum distance to any nearby structure shall be equal to the height of the tower. The minimum distance to any school, day care center, a public park or residential lot line shall be 300 feet; and

2. Equipment building. The minimum distance to any nearby structures shall comply with the zoning requirements as specified in the chapter concerning that specific zoning district.

1. Tower. The maximum height shall be 200 feet including the antenna; and

2. Equipment building. The maximum height shall comply with such requirements of the site of the specific zoning district.

(d) Maximum size of the equipment building: 750 square feet or the maximum square footage allowable for an accessory structure, whichever is the more restrictive standard. If there are multiple users, the equipment must be sheltered in a single building unless the applicant can show a technical necessity for a separate building, in which case multiple buildings must be designed to have the appearance of one building.

(2) Combined with another use. Wireless telecommunication facilities need not be located upon the property affiliated with the wireless telecommunications provider. However, wireless telecommunication facilities located upon property with an already existing use, lawful nonconforming use, or on a vacant parcel shall be subject to the following:

(a) Minimum area, frontage and yard requirements shall comply with such requirements as are specified in the chapter concerning the specific zoning district;

(b) The wireless telecommunication facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance;

(c) The minimum lot area shall be the area needed to accommodate the tower, guy wires, the equipment building, security fencing and the buffer plantings. If title to the land on which the wireless telecommunication facility is located is conveyed to the owner, the land remaining with the principal lot shall continue to comply with the minimum lot area of the zoning district.

(d) Minimum yard requirements:

2. Equipment building. The minimum distance to any nearby structures shall comply with the zoning requirements as specified in the chapter concerning that specific zoning district.

(e) Maximum height:

1. Tower. The maximum height shall be 200 feet including the antenna; and

2. Equipment building. The maximum height shall comply with such requirements of the site of the specific zoning district.

(f) Maximum size of the equipment building: 750 square feet or the maximum square footage allowable for an accessory structure, whichever is the more restrictive standard. If there are multiple users, the equipment must be sheltered in a single building unless the applicant can show a technical necessity for a separate building, in which case multiple buildings must be designed to have the appearance of one building; and

(g) Vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

(3) Location of antenna on an existing structure. In the event that any wireless telecommunication facilities are located or attached to an existing structure or building, the facilities shall be subject to the following.

(a) Maximum height shall be 40 feet or 20% of the building height above the existing building or structure, whichever is greater. Any such structure shall be set back from the vertical plane of the permitted building one foot horizontally for each two feet of extra height.

(b) If the applicant proposes to locate the wireless telecommunication equipment in a separate building, the building shall comply with the following:

1. The minimum setback requirements for that specific zoning district;

2. An eight foot high security fence with barbed wire on top shall surround the building;

3. A buffer yard shall be planted around the perimeter of the security fence in accordance with division (A)(2) above as outlined previously; and

4. Vehicular access to the building shall not interfere with the parking or vehicular circulation of the site’s principal use.

(c) Elevations of existing and proposed structures showing width, depth and height of the wireless telecommunication facility and the statistical use data on the antenna and support structure shall be provided.

(Ord. 30-1974, § 502.5, passed 7-15-1974; Ord. 23-2000, passed 7-17-2000)

§ 153.235 DISCONTINUED USE AND BOND.

(A) All providers and/or persons responsible for the upkeep of the property utilizing the tower shall notify the Zoning Inspector in writing of any tower facility located in the municipality whose use will be discontinued and the date upon which such use will cease.

(B) All providers and/or persons responsible for the upkeep of the property shall agree to remove a nonfunctioning wireless telecommunication facility within 90 days of ceasing its use. The owner/operator of the antenna and/or tower or person responsible for the upkeep of the property shall, on no less than an annual basis from the date of issuance of the conditional use zoning permit, file a declaration with the Zoning Inspector as to the continuing operation of the facility which is the subject of this chapter.

(C) The owner/operator of the antenna and/or tower or the person responsible for the upkeep of the property shall be required, as a condition of issuance of the conditional use zoning permit, to post a cash or surety bond acceptable to the Village Solicitor of not less than $100 per vertical foot of the wireless telecommunication tower. The bond shall insure that an abandoned or obsolete or destroyed wireless telecommunication tower or antenna shall be removed within six months of cessation of use and abandonment. In the event of collocation and where one or more providers cease use of the tower or antenna, the remaining provider or providers shall assume responsibility for payment of the bond. In any event, the wireless telecommunication provider or providers shall have primary responsibility for the removal of a tower and/or antenna where such is abandoned, obsolete or destroyed.

(Ord. 30-1974, § 502.6, passed 7-15-1974; Ord. 23-2000, passed 7-17-2000)

§ 153.236 ANNUAL INSPECTION.

(A) In order to ensure continued compliance with the provisions of these regulations, the owner/operator or person responsible for the upkeep of the property, shall prior to receipt of a conditional use zoning permit, sign a consent form agreeing to an annual inspection of the wireless telecommunication facility by the village or its designees.

(B) Said inspection shall be conducted on or about the anniversary date of the receipt of the conditional use zoning permit.

(Ord. 30-1974, § 502.7, passed 7-15-1974; Ord. 23-2000, passed 7-17-2000)

§ 153.237 FEES AND EXPENSES.

The Zoning Inspector shall authorize the issuance of permits required by these regulations, and shall collect all applicable fees and expenses which shall be as follows.

(A) Filing and processing fee. A non-refundable filing and processing fee of $250 shall accompany the conditional use application submitted to the Village Planning Commission.

(B) Zoning permit fees. If the conditional use application is approved by the Village Planning Commission, the following zoning permit fees shall be collected before a permit is issued.

New wireless telecommunication facility	$1,500
New wireless telecommunication antenna on an existing tower or building	$500

(D) Additional expenses. The applicant for a wireless telecommunication tower and/or wireless telecommunication facility shall be responsible for any additional expenses incurred by the village or its agents for any technical and/or engineering services deemed necessary by the village to perform any reviews and inspections required by these regulations or any other governmental agencies where such expenses exceed any fees collected as provided herein.

(Ord. 30-1974, § 502.8, passed 7-15-1974; Ord. 23-2000, passed 7-17-2000)

§ 153.238 ACTION BY THE VILLAGE PLANNING COMMISSION.

Any decision to deny or request to place, construct or modify a wireless telecommunication tower and/or antenna shall be in writing and supported by evidence contained in a written proceedings of the Village Planning Commission.

(Ord. 30-1974, § 502.9, passed 7-15-1974; Ord. 23-2000, passed 7-17-2000)

§ 153.239 FENCES.

Section 153.019(U), Fences of the Village Zoning Code shall be amended to contain language to provide an exception for the eight foot security fencing required by this chapter.

(Ord. 30-1974, § 502.10, passed 7-15-1974)