These regulations are established to ensure that outdoor telecommunications facilities will be developed and maintained in a manner which provides adequate telecommunication services to the community while protecting the visual character of the city’s neighborhoods and scenic areas.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)

   For the purposes of this chapter, the following terms shall have the meanings given in this section.

   (a)   “Telecommunications” means all forms of wireless communication, including, but not limited to voice and data communications.

   (b)   “Telecommunications Antenna” means a device that transmits and/or receives electromagnetic telecommunications signals.

   (c)   “Telecommunications Antenna Structure” means a telecommunications antenna and any incidental supporting structures necessary to mount the antenna to a building, tower or other structure.

   (d)   “Telecommunications Tower” means a ground-mounted structure, other than a building, that is designed for the sole purpose of supporting a telecommunications antenna.

   (e)   “Telecommunications Facility” means the antennas and ancillary equipment and structures used in transmitting and/or receiving electromagnetic telecommunication signals.

   (f)   “Lattice Tower” means a tower constructed of vertical metal struts and cross braces forming a square or triangular structure which tapers from the foundation.

   (g)   “Monopole Tower” means a tower constructed of a single, self-supporting metal tube, anchored to a foundation.

   (h)   “Co-location” means the sharing of a single tower, building or other structure by two (2) or more telecommunications providers.

   (i)   “Topmost Element” means the highest point on a building or other ground-mounted structure, excluding existing telecommunications antenna structures mounted on such building or structure.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)

   (a)   Applicability. No tower or antenna structure, as defined in this chapter, shall be erected, enlarged or extended without conformance to the provisions of this chapter, and other applicable regulations, as evidenced by the issuance of a Building Permit by the Commissioner of Building and Housing.

   (b)   Exemptions. The following structures are not subject to the provisions of this chapter:

      (1)   Telecommunications equipment completely enclosed within a permitted building; and

      (2)   An antenna mounted to a building or other non-telecommunications tower structure not more than fifteen (15) feet in height above the topmost element of the building to which it is attached in a non- Residential District and not more than ten (10) feet in height above the topmost element of the building to which it is attached in a Residential District.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)

   (a)   Conditionally Permitted Uses. The following uses shall be permitted only after approval by the City Planning Commission, which shall determine whether the proposed use complies with the applicable conditions set forth in this chapter:

      (1)   A telecommunications tower not exempted by Section 354.03; and

      (2)   A telecommunications antenna structure which projects more than fifteen (15) feet in height above the topmost element of the building or other non- telecommunications tower structure to which it is attached and which also exceeds the height limit established on the zoning map for buildings on the subject property.

   (b)   Permitted Uses. All telecommunications facilities not listed in division (a) of this section are permitted without City Planning Commission approval, except where such approval is required by other regulations of these Codified Ordinances.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)

   (a)   Co-Location Requirement. No new telecommunications tower shall be approved unless the applicant submits an affidavit attesting to the fact that placement of an antenna(s) on an existing tower, building, utility pole or other existing structure, where permitted, is made infeasible by one (1) or more of the following conditions:

      (1)   No existing towers or other suitable structures are located within the geographic area requiring service;

      (2)   Existing towers or other structures suitably located are not of sufficient height or are not of sufficient structural strength and cannot be reasonably altered to meet the applicant’s engineering requirements;

      (3)   Co-location would cause electromagnetic interference between the proposed and existing antennas and that such interference cannot be prevented at reasonable cost;

      (4)   The applicant has made a reasonable offer to co-locate on one (1) or more suitably located towers or other structures, but the owner of such structure or structures or the owner of the telecommunications equipment thereon has refused permission for co-location.

   (b)   Accommodation of Co-Located Equipment. Any new telecommunications tower shall be designed with sufficient structural loading capacity and height, or the capability of being extended in height, to accommodate at least three (3) antennas or antenna array platforms of equal loading capacity for use by three (3) separate service providers. Similarly, any associated equipment shelter shall be capable of accommodating three (3) separate users or space shall be reserved on the site for necessary expansion. Furthermore, the owner of any telecommunication facility permitted as a conditional use under the provisions of this chapter shall respond in writing within thirty (30) days of receipt of a written request for co-location made pursuant to the requirement of division (a) of this section.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)

   (a)   Location. A telecommunications tower subject to the regulations of this chapter shall be located in only the following zoning districts: General Retail, Shopping Center, Semi-Industry, General Industry and Unrestricted Industry. No telecommunications tower subject to the regulations of this chapter shall be located in a Landmark District or a public park.

   (b)   Setback from Residential or Landmark District. No portion of a telecommunication tower subject to the regulations of this chapter shall be located closer to a Residential District line or Landmark District line than a distance equal to three (3) times the height of the tower.

   (c)   Setback from Non-Residential Zoning Districts. No portion of a telecommunication tower subject to the regulations of this chapter shall be located closer than ten (10) feet to the lot line of an adjoining nonresidential, non-Landmark zoning district.

   (d)   Setback from Street Lines. No portion of a telecommunication tower subject to the regulations of this chapter shall be located closer than twenty-five (25) feet from a street right-of-way line.

   (e)   Setback from Public Park. No portion of a telecommunications tower subject to the regulations of this chapter shall be located closer to a public park than a distance equal to three (3) times the height of the tower.

   (f)   Distance from Public Airport. No telecommunication tower subject to the regulations of this chapter shall be located closer than two (2) miles from a public airport, measured from the center of tower to any border of the airport, unless closer proximity is permitted by the Board of Zoning Appeals based on a recommendation by the Department of Port Control.

   (g)   Impact on Scenic Vistas. No telecommunications tower shall be so located as to impact adversely on scenic vistas, as determined by the City Planning Commission.

   (h)   Height. A telecommunication tower may exceed the height limit established on the zoning map for the subject property if the tower meets all other regulations of this chapter.

   (i)   Spacing from Other Towers. A new telecommunications tower that exceeds the height limit established on the zoning map shall be located no closer than three (3) times the height of the new tower from any existing tower.

   (j)   Accessory Buildings. Any building which is accessory to the telecommunications tower shall not exceed fifteen (15) feet in height and shall be set back at least twenty-five (25) feet from any street right-of- way line and at least fifty (50) feet from any Residential zoning district line.

   (k)   Guy Wires. Any guy wires supporting towers shall be anchored behind the security fence surrounding the tower.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)

   (a)   Lighting. Telecommunications towers shall not be illuminated except as required by the Federal Aviation Administration or other applicable authority or by the provisions of Chapter 633 of these Codified Ordinances. If lighting is required, a design that minimizes disturbances to nearby residences shall be utilized.

   (b)   Structural Design. Telecommunications towers shall be designed to meet all requirements of the Building Code of the City of Cleveland and all applicable state and federal regulations.

   (c)   Aesthetic Design. Telecommunications towers shall be designed in a manner that makes them as unobtrusive as possible, while meeting safety requirements. To this end, tower design shall be monopole rather than lattice, wherever feasible. With respect to color, towers, if painted, shall be light gray or off-white in order to blend in with the sky and clouds, unless other colors are required by federal regulations or the provisions of Chapter 633 of these Codified Ordinances or unless another color is approved by the City Planning Commission as being more effective in a particular instance. The City Planning Commission shall work with applicants to identify any other design techniques that can be used in reducing the visual prominence of telecommunication towers.

   (d)   Signs. No signs shall be located on or around a telecommunications tower except for necessary warning signs located at or near ground level.

   (e)   Accessory Buildings. Any building accessory to a telecommunications tower shall be faced with brick, stone, wood, decorative block, fiberglass or metal, as approved by the City Planning Commission to ensure that the design of such building is compatible with its environs.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)

   The regulations of this section shall govern the location, height and design of any telecommunications antenna and antenna structure, subject to the provisions of this chapter, attached to a building or structure other than a telecommunications tower.

   (a)   Location by Zoning District. A telecommunications antenna may be located in any zoning district other than a One-Family, Two-Family or Townhouse Residential District, except as permitted by the Board of Zoning Appeals in accordance with the provisions of Section 354.14 regarding special exceptions.

   (b)   Height. A telecommunications antenna or antenna structure may exceed the height limit established on the zoning map for buildings on the subject property, but such antenna or antenna structure shall not exceed the height limit by more than twenty (20) feet.

   (c)   Design. A telecommunications antenna structure shall be designed and placed so as to blend in with the appearance of the structure to which it is attached or to be otherwise screened or obscured from view from public streets and adjoining properties to the maximum extent possible. Such design shall be as approved by the City planning Commission, where installation of the antenna is subject to the Commission’s approval.

   (d)   Accessory Equipment. Equipment that is accessory to a telecommunications antenna shall be located within the subject building or structure or shall be placed so as not to be visible from adjoining public streets, unless the City Planning Commission determines that such screening is not necessary in a particular instance.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)

   (a)   Security Fence. The base of any ground- mounted telecommunications tower shall be completely enclosed by a fence or wall not less than six (6) feet and not more than eight (8) feet in height. Such fence or wall shall be set back at least ten (10) feet from all property lines. Any fence or wall located within twenty-five (25) feet of a street right-of-way shall be either a wrought iron-style or black vinyl-coated chain link fence or a decorative masonry wall. Barbed wire may be used if permitted by the regulations of Chapter 358 of this code.

   (b)   Landscaping Location. A landscape strip meeting the standards established in division (c) of this section shall be placed along the outside of the entire perimeter of the security fence, except that the City Planning Commission may alter the required location when it determines that another location would be more effective and may waive the requirement for any particular location where it determines that the landscaping would not be visible from adjacent parcels or public streets or, otherwise, by members of the general public.

   (c)   Landscaping Requirement. The landscape strip required in division (b) of this section shall be a minimum of ten (10) feet in width and shall include, at a minimum, evergreen trees or shrubs, at least six (6) feet in height, spaced at maximum intervals of eight (8) feet. The landscape requirements may be varied by the City Planning Commission in order to address particular site conditions.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)

   A telecommunications tower lawfully existing on the effective date of this chapter or any amendment thereto may be continued in accordance with the regulations of Section 359.01 of this code even if such tower does not conform to the provisions of this chapter, but such tower shall not be made more nonconforming unless the alteration is approved by the Board of Zoning Appeals in accordance with the provisions of Section 354.14 of this chapter.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)

   (a)   Maintenance and Monitoring. All buildings, structures, fences, and property used in connection with a telecommunications facility shall be maintained in good condition and in safe working order. On each biennial anniversary of the issuance of the Certificate of Occupancy for a telecommunications tower, or not more than ninety (90) days prior to that date, the permit holder for such tower shall submit to the Commissioner of Building and Housing an affidavit that verifies continued operation of the telecommunications use and compliance with all requirements of this chapter and other applicable governmental regulations.

   (b)   Abandonment.

      (1)   Performance Bond. At all times the permit holder shall maintain a performance bond sufficient to cover the demolition and removal of the telecommunications facility. Such bond shall be sufficient to guarantee full and faithful performance of the requirements of this chapter and shall be satisfactory to the Commissioner of Building and Housing and the Director of Law. On each biennial anniversary of the issuance of the Certificate of Occupancy for a telecommunications tower, or not more than ninety (90) days prior to that date, the permit holder shall provide to the Commissioner of Building and Housing proof that the performance bond requirements of this section are met.

      (2)   Notice. Not less than thirty (30) days after abandoning or discontinuing operation of a telecommunications facility, the permit holder shall send written notice of this fact to the Commissioner of Building and Housing.

      (3)   Removal. If use of a telecommunications facility has been discontinued for one hundred eighty (180) consecutive days, the facility shall be deemed abandoned. Within ninety (90) days of abandonment, the permit holder or other responsible party shall remove the abandoned tower, antenna, and any accessory structures, and shall restore the site to an attractive landscaped condition. If such actions are not taken, the City may cause the removal of all facilities at the expense of the permit holder or other responsible party.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)

   (a)   Submission of Application. An application to construct or alter a telecommunications facility subject to the regulations of this chapter shall be submitted to the Division of Building and Housing as part of a Building Permit application.

   (b)   Determination of Compliance. The Division of Building and Housing shall determine if the application conforms to requirements of this chapter and other applicable regulations of the City of Cleveland, except for those provisions that require a determination by the City Planning Commission.

   (c)   Referral to Public Utilities. The Division of Building and Housing shall refer all applications governed by this chapter to the Office of Radio Communications of the Department of Public Utilities for review and approval. The Office of Radio Communications shall review the application with respect to any issues relating to the technical expertise of that office. No Building Permit shall be issued without the approval of the Office of Radio Communications.

   (d)   Referral to City Planning Commission. For proposals subject to approval by the City Planning Commission as conditionally permitted uses, under Section 354.04, the Division of Building and Housing shall refer the application to the City Planning Commission for review and approval.

   (e)   City Planning Commission Action. The City Planning Commission shall review any application subject to conditional approval and shall determine whether the proposal meets all applicable standards established in this chapter to ensure proper design and compatibility with surrounding uses. The Commission shall take action on the application at a public meeting, subsequent to providing public notice, as provided in division (f) of this section. The Commission may require modifications to the proposal as a condition of approval. The Commission may disapprove an application if it determines that the proposed location does not meet the standards set forth in this chapter and that a suitable alternative location is available. No Building Permit shall be issued without the approval of the City Planning Commission for an application subject to conditional approval.

   (f)   Notice Requirements.

      (1)   Upon receipt of an application, the Commissioner of Building and Housing shall notify any Councilmember who represents the ward in which the proposed tower is to be located, the Department of Port Control, the Department of Public Safety and the Office of Radio Communications of the Department of Public Utilities.

      (2)   Prior to taking action on a ground- mounted telecommunications tower application subject to conditional approval, the City Planning Commission shall mail notices describing the proposal to all property owners located within a distance of the proposed tower equal to three (3) times the height of the tower. Such notice shall be sent by first-class mail or an equivalent method at least ten (10) calendars days prior to the date of the public meeting. The Commission shall also provide notice in the same time frame to any Councilmember who represents an area in which notices are to be mailed to property owners.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)

   All applications subject to the provisions of this chapter shall be accompanied by the following information, as applicable, in addition to information required for all Building Permit applications.

   (a)   Telecommunications Towers. The following information shall be submitted with an application for a telecommunications tower permitted conditionally under the provisions of Section 354.04.

      (1)   A site plan of the subject property showing adjoining streets, the proposed tower and any proposed and existing buildings, fencing, structures, landscaping, driveways, parking, and curb cuts on the subject property, including specifications for all proposed landscaping.

      (2)   An elevation drawing showing the proposed tower and all structures and landscaping shown on the required site plan, indicating the height, color and materials of the tower and all proposed fencing and other structures.

      (3)   A lighting plan for the proposed tower, indicating the location, color and intensity of the lighting, both as it will appear in daylight and at night, and indicating any mechanisms to prevent glare on adjacent properties and streets and to shield the lighting from residences, to the maximum extent feasible.

      (4)   A vicinity map showing the subject property and the proposed tower and fencing in the context of all property located within a distance from the tower equal to three (3) times the height of the tower, showing within this area, all streets and existing buildings and significant structures and indicating the residential use of any buildings and any property zoned in Residential or Landmarks Districts, such map being marked with topographic contours at five (5) foot intervals.

      (5)   Color photographs showing the current view of the tower site from any adjoining public street or any other street within two hundred (200) feet of the proposed tower and from the closest groupings of residential buildings located within an area from the proposed tower equal to three (3) times the height of the proposed tower, plus a second set of color photographs showing the same views with the proposed tower superimposed onto the photographs.

      (6)   A map showing all existing telecommunications towers and all buildings and structures exceeding one hundred (100) feet in height located within one (1) mile of the proposed tower, with such map being accompanied by documentation, in accordance with the provisions of Section 354.05, demonstrating that the applicant has investigated all opportunities for co-location or alternative location and has determined that such co-location or alternative location is infeasible or that the owner of any such structure or attached telecommunications equipment has refused a reasonable offer for co-location.

      (7)   A statement indicating the estimated construction cost of the telecommunications tower and a statement indicating the estimated cost for demolition and removal of the telecommunications tower.

      (8)   A performance bond sufficient to cover the estimated demolition and removal of the telecommunications tower.

   (b)   Telecommunications Antennas. The following information shall be submitted with an application for a telecommunications antenna structure proposed to be attached to an existing building or other structure, and permitted conditionally under the provisions of Section 354.04 or otherwise subject to approval by the City Planning Commission or Landmarks Commission.

      (1)   An elevation drawing of the building or structure to which the proposed antenna will be attached, showing the placement of the antenna and indicating the color of the antenna in relation to the color of the surface to which it will be attached and showing the projection of the antenna from the structure, marked with all necessary dimensions.

      (2)   A color photograph of the building or structure to which the proposed antenna will be attached, with the proposed antenna superimposed onto such photograph.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)

   (a)   Special Exceptions. Subsequent to providing public notice in accordance with the provisions of division (f) of Section 354.12, the Board of Zoning Appeals may approve an application to install a telecommunications tower or antenna structure that does not meet the regulations of this chapter if the Board determines that all of the following conditions apply:

      (1)   The literal application of the regulations of this chapter in a particular instance will prevent adequate provision of wireless communications service, and no conforming alternative is technically feasible;

      (2)   The proposed installation will not be contrary to the stated purpose of the regulations of this chapter;

      (3)   Specifically, in the case of a telecommunications tower proposed to be placed in a Residential District, the subject parcel is not occupied by residential uses and is not likely to be occupied by residential uses in the foreseeable future;

      (4)   Specifically, in the case of a telecommunications antenna proposed to be placed in a Residential District on a building or structure other than a telecommunications tower, such building or structure is not a residence and is not designed for residential occupancy;

      (5)   Specifically, in the case of the alteration of an existing telecommunications tower, including the addition of an antenna or antennas, the proposed alteration will not be detrimental to residential areas and will result in public benefits such as reducing the need for additional telecommunications towers in the vicinity or improving the appearance or safety of the existing tower and its site.

   (b)   Appeals. Any decision of the City Planning Commission or an administrative official made pursuant to the provisions of this chapter may be appealed to the Board of Zoning Appeals, in accordance with the provisions of Chapter 329.

(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)