Edon City Zoning Code

CHAPTER 1190

Wireless Communication Antenna and Tower Regulations

1190.01 LEGISLATIVE PURPOSES FOR REGULATION OF WIRELESS TELECOMMUNICATION FACILITIES.

The purpose of Sections 1190.02 through 1190.10 of this Zoning Code is to regulate the placement, construction, and modification of wireless telecommunication facilities and their support structures in order to protect the public health, safety and welfare, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Village of Edon. Specifically, the purposes of such sections are:

(a) To direct the location of various types of towers and wireless telecommunications facilities into appropriate areas of the Village of Edon.

(b) To protect property values and provide for and protect the health, safety and general welfare of the residents of the Village of Edon.

(c) To protect residential areas and land uses from potential adverse impacts of towers and wireless telecommunications facilities.

(d) To minimize adverse visual impacts of towers and wireless telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.

(e) To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers.

(f) To avoid potential damage to adjacent properties caused by towers and wireless telecommunications facilities by ensuring such structures are soundly designed, constructed, and modified, are appropriately maintained, and are fully removed.

(g) To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are compatible with surrounding land uses.

(h) To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are designed in harmony with natural settings and in a manner consistent with current development patterns.

(Ord 07-13. Passed 12-16-13.)

1190.02 APPLICABILITY OF WIRELESS TELECOMMUNICATION FACILITY REGULATIONS.

All towers, antenna support structures, and wireless telecommunication facilities, any portion of which are located within Village of Edon, are subject to Sections 1190.02 through 1190.10 of this Zoning Code. Except as provided herein, any use being made of an existing tower or antenna support structure on the effective date of this Zoning Code shall be deemed a nonconforming structure and allowed to continue, even if in conflict with the terms of this Zoning Code. Any tower site that has received approval in the form of a zoning or building permit by the Village of Edon, but has not yet been constructed or located, shall be considered a nonconforming structure so long as such approval is current and not expired. (Ord 07-13. Passed 12-16-13.)

1190.03 DEFINITIONS.

As used in this chapter

(a) "Antenna" means any panel, whip, dish, or other apparatus designed for communications through the sending and/or receiving of electromagnetic waves, excluding any support structure other than brackets.

(b) "Antenna support structure" means any building or other structure other than a tower which can be used for location of wireless telecommunications facilities.

(d) "Application" means the process by which an applicant submits a request and indicates a desire to be granted a conditional use permit under the provisions of this Zoning Ordinance. An application includes all written documentation, verbal statements and representations in whatever form or forum, made by an application to the Village concerning such a request.

(e) "Village" means the Village of Edon, Ohio.

(f) "Co-location" means the use of a wireless telecommunications facility or pre-existing structure deemed suitable by appropriate technical analysis by more than one wireless telecommunications provider.

(g) "Emergency" means a reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.

(h) "Engineer" means any engineer licensed by the State of Ohio.

(i) "Equipment shelter" means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

(j) "F.A.A." means the Federal Aviation Administration and any legally appointed, designated or elected agent or successor.

(k) "F.C.C." means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.

(l) "Monopole" means a support structure constructed to a single, self-supporting hollow metal tube securely anchored to a foundation.

(m) "Person" means any natural person, firm, partnership, association, corporation or other legal entity, private or public, whether for profit or not-for-profit.

(n) "Tower" means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports wireless telecommunications facilities. “Tower” shall not include amateur radio operators’ equipment, as licensed by the FCC.

(o) "Wireless telecommunication facility" means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or have installed upon a tower antenna support structure. However, “wireless telecommunications facilities” shall not include:

(1) Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial.

(2) Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.

(3) Antennas used by amateur radio operators.

(4) Antennas used by residents to receive broadcast radio or broadcast television.

(p) "Zoning Ordinance" means the Zoning Ordinance of the Village of Edon, Ohio.

(Ord 07-13. Passed 12-16-13.)

1190.04 STANDARDS APPLICABLE TO ALL WIRELESS TELECOMMUNICATION FACILITIES.

(a) Construction Standards. All wireless telecommunication facilities and support structures shall be certified by an Engineer licensed in the State of Ohio to be structurally sound and, at a minimum, in conformance with Ohio Basic Building Code.

(b) Natural Resource Protection Standards. The location of the wireless telecommunication facility shall comply with all natural resource protection standards established either in this Zoning Code or in other applicable regulations, including those for flood plains, wetlands, groundwater protection, and steep slopes.

(c) Historic or Architectural Standards Compliance. Any application to locate a wireless telecommunication facility on a building or structure that is listed on a federal, state, or local historic register, or is in a historic district established by the Village of Edon, shall be subject to review by the Planning Commission to ensure architectural and design standards are maintained.

(d) Color and Appearance Standards. All wireless telecommunication facilities shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission, Federal Aviation Administration, and/or by historical or architectural standards imposed under Zoning Code. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by the means of camouflage deemed acceptable by the Village of Edon.

(e) Advertising Prohibited. No advertising is permitted anywhere upon or attached to the wireless telecommunication facility.

(f) Artificial Lighting Restricted. No wireless telecommunication facility shall be artificially lit except as required by the Federal Aviation Administration.

(g) Co-Location. All wireless telecommunication facilities shall be subject to the co-location requirements set forth in Section 1190.05 of this Zoning Code.

(h) Abandonment. All wireless telecommunication facilities shall be subject to the abandonment requirements set forth in Section 1190.09 of this Zoning Code.

(i) Setback from Edge of Roof. Any wireless telecommunication facility and its appurtenances permitted on the roof of a building shall be set back one (1) foot from the edge of the roof for each one (1) foot in height of the wireless telecommunication facility. However, this setback requirement shall not apply to antennas that are less than two (2) inches in thickness mounted to the sides of antenna support structures and do not protrude more than six (6) inches from the side of such an antenna support structure. This requirement is subject to change by the Village of Edon upon the review of the photo simulation provided in compliance with Section 1190.10(c).

(j) Security Enclosure Required. All towers and equipment shelters shall be enclosed either completely or individually as determined by the Village of Edon. The Village of Edon and co-locators shall have reasonable access. Fencing shall be required, except no fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure.

(k) Existing Vegetation and Buffer Plantings. Existing vegetation (trees, shrubs, etc.) shall be preserved to the maximum extent possible. Buffer plantings shall be located around the perimeter of the security enclosure as deemed appropriate by the Village of Edon. An evergreen screen may be required around the perimeter of the property in lieu of such buffer plantings.

(l) Access Control and Emergency Contact. "No Trespassing" signs shall be posted around the wireless telecommunications facility, along with a telephone number of who to contact in the event of an emergency. (Ord 07-13. Passed 12-16-13.)

1190.05 CO-LOCATION REQUIREMENTS.

(a) Jurisdiction Study of Potential Public Sites. In order to encourage the location of a wireless telecommunication facility on publicly-owned property, the Village of Edon shall cooperate with the entity desiring to locate a wireless telecommunication facility in the Village to determine if it is feasible to locate such a facility on publicly-owned property.

(b) Exemption from Proof of Co-Location Availability. Persons locating a wireless telecommunication facility upon a publicly-owned property shall be exempted from the requirements herein regarding presentation of proof that co-location is not available. However, persons locating a wireless telecommunication facility on publicly owned property shall continue to be subject to the requirements contained in Section 1190.05(c) below.

(c) Co-Location Design Required. No new tower shall be constructed in the Village of Edon unless such tower is capable of accommodating at least three (3) carriers if height is sufficient for coverage

(d) Technically Suitable Space. Authorization for a tower shall be issued only if there is not technically suitable space reasonably available on an existing tower or structure within the geographic area to be served.

(e) Application Requirements. With the permit application, the applicant shall list the location of every tower, building, or structure within a reasonably proximity that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building, or structure within such area. If another communication tower owned by another party within such area is technically suitable, applicant must show that an offer was made to the owner of such tower to co-locate an antenna on a tower owned by the applicant on reciprocal terms within the Village of Edon, and the offer was not accepted. If such co-location offer has not been attempted by the applicant, then such other tower is presumed to be reasonably available. (Ord 07-13. Passed 12-16-13.)

1190.06 WIRELESS TELECOMMUNICATION FACILITIES IN AGRICULTURAL AND RESIDENTIAL DISTRICTS.

(a) No wireless telecommunication facility is permitted as a principal, accessory, or special use upon a lot zoned A-1, R-1, R-2, R-3, or R-4.

(Ord 07-13. Passed 12-16-13.)

1190.07 WIRELESS TELECOMMUNICATION FACILITIES IN COMMERCIAL DISTRICTS.

(a) Permitted Special Use. The following wireless telecommunication facilities are permitted as a special use upon a lot, subject to the provisions of Chapter 1177 and subject to the following requirements:

(1) Tower in the C-1, C-D, or C-2 Districts:

A. Maximum Height. The maximum height of such tower shall be less than the distance of such tower from the nearest property line.

B. Minimum Setback from Property Lines. The minimum setbacks and yard requirements for principal structures shall apply.

C. Minimum Setback from Residential Structure. No tower shall be located less than two hundred (200) feet from a structure used as a residence.

D. Equipment Shelter. The minimum setbacks and yard requirements for principal structures shall apply and such shelter shall not be located above ground in any required front or side yard.

(2) Antenna in the C-1, C-D, or C-2 Districts:

A. The antenna shall not be attached to a residential structure.

(Ord 07-13. Passed 12-16-13.)

1190.08 WIRELESS TELECOMMUNICATION FACILITIES IN OPEN SPACE AND INDUSTRIAL DISTRICTS.

(a) Permitted Principal/Accessory Use. The following wireless telecommunication facilities are permitted as a principal or accessory use upon a lot in the O-S, M-1, or M-2 Districts, subject to the following requirements:

(1) Tower:

A. Maximum Height. The maximum height of such tower shall be less than the distance of such tower from the nearest structure.

B. Minimum Setback from Property Lines. The minimum setbacks and yard requirements for principal or accessory structures shall apply.

C. Minimum Setback from Residential Structure. No tower shall be located a distance less than its height from a structure used as a residence.

D. Equipment Shelter. The minimum setbacks and yard requirements for principal or accessory structures shall apply and such shelter shall not be located above ground in any required front or side yard.

(2) Antenna:

A. Permitted as an accessory use in O-S, M-1, and M-2 Districts.

(Ord 07-13. Passed 12-16-13.)

1190.09 ABANDONMENT OF WIRELESS TELECOMMUNICATION TOWER.

(a) Required Notification. All providers utilizing towers shall notify the Village of Edon notifying it of any use of any tower facility that will be discontinued and the date this use will cease. Such report shall be filed with the Village of Edon thirty (30) days prior to the cessation date. If at any time the use of the facility is discontinued for one hundred and eighty (180) days, the zoning inspector may declare the facility abandoned. The one hundred and eighty (180) day period excludes any dormancy period between construction and the initial use of the facility. The owner/operator of the facility will receive written notice from the zoning inspector and be instructed to either reactivate use of the facility within one hundred and eighty (180) days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the Village of Edon will either remove the facility or will contract to have the facility removed and assess the owner/operator the costs. Enforcement from of any costs assessment may be by certification to the County Auditor for collection upon the tax duplicate or through any other remedy provided by law.

(b) Required Notice to Owner. The Village of Edon must provide the tower owner thirty (30) days’ notice and an opportunity to be heard before the Planning Commission before initiating such action. After such notice has been provided, the Village of Edon shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the current fair market value at that time, or in the alternative, order the demolition of the tower and all appurtenances.

(c) Right To Public Hearing by Owner. The Village of Edon shall provide the tower owner with the right to a public hearing before the Planning Commission, which public hearing shall follow the thirty (30) day notice required in Section 1190.09(b). All interested parties shall be allowed an opportunity to be heard at the public hearing.

(d) Order of Abatement or Demolition. After a public hearing is held pursuant to Section 1190.09(c), the Village of Edon may order the abatement or demolition of the tower. The Village of Edon may require owner or licensee to pay for all expenses necessary to acquire or demolish the tower. (Ord 07-13. Passed 12-16-13.)

1190.10 APPLICATION AND REVIEW REQUIREMENTS FOR WIRELESS TELECOMMUNICATION FACILITIES.

(a) Required Information for Applications. All applications for wireless telecommunication facilities, including towers, shall include the information required under this Section.

(b) Plot Plan Required. When a proposed wireless telecommunications facility or antenna support structure is to include a new tower, a plot plan at a scale of not less than one inch equals one hundred (100) feet shall be submitted. This plot plan shall indicate all building and land uses within two hundred (200) feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.

(c) Photo Simulations Required. Photo simulations of the proposed wireless telecommunication facility from affected residential properties and public rights-of-way taken at designated locations shall be provided.

(d) Technical Necessity. The applicant shall demonstrate that the telecommunication tower must be located where it is proposed in order to provide adequate coverage to the applicant’s service area. There shall be an explanation of why a tower and the proposed site are technically necessary.

(e) Review By Radio Frequency Engineer. A radio frequency engineer, who will support or refute the evidence, shall review the evidence submitted by the applicant.

(f) Land Owner Support and Access. Where the wireless telecommunication facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property supports the application and vehicular access is provided to the facility.

(g) Required Site and Landscaping Plan. The applicant shall present a site and landscaping plan showing the following:

(1) Specific placement of the wireless telecommunication facility on the site.

(2) The location of existing structures, trees, and other significant site features.

(3) Type and locations of plant materials used to screen the facilities.

(4) The proposed color of the facilities.

(h) Co-Location and Removal Agreement. The applicant shall present signed statements indicating that:

(1) The applicant agrees to allow for the potential co-location of additional wireless telecommunication facilities by other providers on the applicant’s structure or within the same site location; and

(2) The Applicant agrees to remove the facility within one hundred eighty (180) days after its use is discontinued.

(i) Denial by Jurisdiction. Any decision to deny a request to place, construct or modify a wireless telecommunication facility and/or tower shall be in writing and supported by evidence contained in a written record.