Fairborn City Zoning Code
CHAPTER 1127
Wireless Telecommunication Facilities
1127.01 PURPOSE.
(a) The purpose of this chapter is to regulate the placement, construction, and modification of wireless telecommunication facilities and their support structures within appropriate areas of the City of Fairborn 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 Miami Valley Region. Specifically, the purposes of the chapter are:
(1) To protect residential areas and all land uses from potential adverse impacts of towers and wireless telecommunications facilities, through careful design siting, landscaping and innovative disguising techniques;
(2) To promote and encourage shared use and co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers;
(3) 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 when abandoned; and
(4) To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are compatible with surrounding land uses, and are designed in harmony with natural settings and in a manner consistent with current development patterns.
(b) All towers, antenna support structures, and wireless telecommunication facilities, any portion of which is located within Fairborn, are subject to this chapter. Except as provided in this chapter, any use of an existing tower or antenna support structure on the effective date of this chapter shall be deemed a nonconforming structure and allowed to continue, even if in conflict with the terms of this chapter.
(Ord. 34-17. Effective 12-7-17.)
1127.02 STANDARDS APPLICABLE TO ALL WIRELESS TELECOMMUNICATIONS 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 the Ohio Basic Building Code.
(b) Natural Resource Protection Standards. The location of the wireless telecommunication facilities shall comply with all natural resource protection standards established either in this Zoning Ordinance 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 facilities on a building or structure that is listed on a federal, state, or local historic register, or is in a historic district established by Fairborn, shall be subject to review by the appropriate review board. If there is no such review board, the Zoning Administrator shall review the request to ensure architectural and design standards are maintained.
(d) Color and Appearance Standards. All towers shall be monopole construction unless specifically approved otherwise. All towers and wireless telecommunication facilities to which they are attached 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 by historical or architectural standards imposed under 1127.02(c): Historic or Architectural Standards Compliance, of this Zoning Ordinance. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by means of disguise deemed acceptable by Fairborn. This compatibility shall be measured against recommendations provided in the Fairborn Wireless Communications Plan.
(e) Advertising Prohibited. No advertising is permitted anywhere upon or attached to the wireless telecommunications facility. An exception may be considered if the tower or antenna support structure is principally designed to be utilized for purposes other than operation of the wireless telecommunications facility.
(f) Artificial Lighting Restricted. No wireless telecommunication facility shall be artificially lit for safety purposes except as required by the Federal Aviation Administration. When required by FAA, a red by night, white by day lighting system shall be utilized. An exception may be considered if the tower or antenna support structure is designed to be utilized for purposes other than operation of the wireless telecommunications facility and the lighting is a decorative component of that additional purpose.
(g) Co-location. All wireless telecommunication facilities shall be subject to the co-location requirements set forth in Section 1127.03: Co-Location Requirements, of this Zoning Code.
(h) Abandonment. All wireless telecommunication facilities shall be subject to the abandonment requirements set forth in Section 1127.08: Abandonment of Tower.
(i) Setback from Edge of Roof. Any wireless telecommunication facilities and related appurtenances permitted on the roof of a building shall be set back one foot from the edge of the roof for each one foot in height of the wireless telecommunication facility. However, this setback requirement shall not apply to antennas that are less than two inches in thickness mounted on the sides of antenna support structures and do not protrude more than six inches from the side of such an antenna support structure. This requirement is subject to change, upon the review of the photo simulation provided in compliance with Section 1127.09: Application and Review Requirements.
(j) Security Enclosure Requirements. All towers and equipment shelters are not encouraged except in areas with isolated visibility or sites with concern for accessibility by the public, as determined by the City of Fairborn. The City of Fairborn and co-locators shall have reasonable access. 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 or lease hold sufficient to screen offensive views and structures. An evergreen screen may be required around the perimeter of the property in lieu of such buffer plantings.
(l) Access Control and Emergency Contract. "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. These signs should not exceed two square feet in sign area.
(m) Utility Connections. All public utility service connections to be constructed to the wireless communications facility shall be buried underground from the point of the public transmission supply line.
(n) Vehicular Access and Parking. All vehicular access routes, and a minimum of one vehicular parking space to be provided, shall be a paved surface.
(o) Equipment Shelters. Equipment shelters shall be constructed as an underground vault or as a building complimentary in style and materials to neighboring buildings. Typically, the building shall be of masonry construction with residential-styled roof systems. An exception to permit industrialized units may be considered when the shelter is not visible from residential neighborhoods, public streets, or parking areas of customers or visitors of the proposed site.
(p) Facilities Located on Public Lands, Railroads and Road Right-of-Ways. When a wireless telecommunication facility is located on land owned by any government entity or railroad, for public purposes or railroads, the facilities shall comply with all requirement and procedures for the underlying zoning district, or in the case of railroads, the most stringent zoning district immediately adjacent to the proposed site and subject to the standards in Section 1127.04: Permitted and Accessory Uses in All Zoning Districts.
(q) Facilities Located within Right-of-Ways. A wireless telecommunications facility shall be permitted to be located on pre-existing electric, telephone, traffic signal, street light poles or fixtures, be served with underground wire or cable only, and require a permit from the Division of Engineering.
(r) Minimum Distance Requirements Between Towers. Towers proposed to be constructed solely for the purpose of locating a wireless telecommunication facilities shall be a minimum of a 2,000-foot radius from all adjacent towers.
(Ord. 34-17. Effective 12-7-17.)
1127.03 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 Planning Board shall undertake an identification of publicly-owned properties that the Board determines are suitable for such use. The Zoning Administrator shall regularly update such identification and make the results of such available to the public.
(b) Exemption from Proof of Co-Location Availability. Persons locating a wireless telecommunication facility upon a publicly-owned property identified in the study mentioned in Section 1127.03(a): Jurisdiction Study of Potential Public Sites, above 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 1127.03(d): Technically Suitable Space, below.
(c) Co-Location Design Required. No new tower shall be constructed in the City of Fairborn unless such tower is capable of accommodating at least one additional wireless telecommunication facility owned by another entity if less than 100 feet in height and at least two additional facilities if over 100 feet in height. Approval of any new tower shall be granted only subject to the tower owner agreeing to allow such future co-locations to occur if requested. Lease holds or lots shall be of sufficient size to accommodate all potential wireless telecommunication facilities proposed at the site.
(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 approximately one mile that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, antenna support structure, 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 applicant's entire service area, 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. 34-17. Effective 12-7-17.)
1127.04 PERMITTED AND ACCESSORY USES IN ALL ZONING DISTRICTS.
(a) Permitted Principal Uses. The following wireless telecommunication facilities are permitted as a principal use upon a lot, in any zoning district, subject to the following siting requirements:
(1) A wireless telecommunication facility shall be permitted when physically attached to or contained within the principal structure on the lot.
(2) A wireless telecommunication facility shall be permitted to be located on a pre-existing electric, telephone, street light poles, or fixtures, provided that said facility meets only criteria (1) and (3) of Section 1127.04(b): Siting Requirements for Principal Uses.
(b) Siting Requirements for Principal Uses.
(1) The maximum height of an antenna shall not exceed the lesser of the following:
A. Height of the existing principal structure by 20 feet;
B. Maximum height of the zoning district by 20 feet; or
C. Antenna greater in height shall require approval as a conditional use under the guidelines of the appropriate zoning district.
(2) Antenna support structures shall meet the setback requirements of principal uses of the zoning district.
(3) 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 yards unless the structure is less than 3 feet above grade and occupying less than 12 square feet.
(c) Accessory Uses. Only personal use antennas are permitted as accessory uses on a lot, provided the antenna shall be attached to the principal structure, with the exception of ground mounted satellite dishes. Additional siting requirements as specified in Chapter 1128: Supplemental and Accessory Regulations, and the maximum height shall not exceed the lesser of the following:
(1) Height of the existing principal structure by 20 feet; or
(2) Maximum height of the zoning district by 20 feet.
(Ord. 34-17. Effective 12-7-17.)
1127.05 LOCATIONS IN AGRICULTURAL DISTRICTS.
(a) Principal and Accessory Uses. The following wireless telecommunication facilities are permitted as a principal use upon a lot, in any zoning district, subject to the following siting requirements:
(1) A wireless telecommunication facility shall be permitted when physically attached to or contained within the principal structure on the lot.
(2) A wireless telecommunication facility shall be permitted to be located on a preexisting electric, telephone, street light poles or fixtures, provided that said facility meets only criteria (1) and (3) of Section 1127.04(b): Siting Requirements for Principal Uses.
(b) Conditional Uses. Wireless telecommunication facilities not permitted as a principal or accessory use, may be permitted as a conditional use upon a lot, subject to the following requirements.
(c) Siting Requirements for Conditional Uses.
(1) Maximum height shall require the approval of the Planning Board subject to technical evidence presented by the applicant. The Planning Board shall consider in its evaluation the potential future use of the site as recommended by the Comprehensive Land Use Plan and may impose height limitations in keeping with those future zoning districts.
(2) The minimum setbacks for towers should meet a height distance ratio of 1:1. Under special circumstances, the Planning Board may reduce this setback, but it generally should not be less than one-half the height of the tower.
(3) No tower shall be located a distance less than its height from any residential dwelling unit.
(4) The minimum setbacks and yard requirements shall be established by the Planning Board, but in no case shall such shelter be located above ground in any required front or side yard unless the structure is less than three feet above grade and occupying less than twelve square feet.
(5) The Planning Board shall evaluate the visual impact of the tower or antenna support structure and may require techniques to disguise the proposed structure to reduce negative impacts.
(Ord. 34-17. Effective 12-7-17.)
1127.06 LOCATIONS IN RESIDENTIAL DISTRICTS.
(a) Principal and Accessory Uses. The following wireless telecommunication facilities are permitted as a principal use upon a lot, in any zoning district, subject to the following siting requirements:
(1) A wireless telecommunication facility shall be permitted when physically attached to or contained within the principal structure on the lot.
(2) A wireless telecommunication facility shall be permitted to be located on a preexisting electric, telephone, street light poles or fixtures, provided that said facility meets only criteria (1) and (3) of Section 1127.04(b): Siting Requirements for Principal Uses.
(b) Conditional Uses. Wireless telecommunication facilities not permitted as a principal or accessory use, may be permitted as a conditional use upon a lot, subject to the following requirements.
(c) Siting Requirements for Conditional Uses.
(1) The height of such tower shall be subject to approval by the Planning Board and be the minimum height necessary, but generally shall not exceed 100 feet in height, including antennas.
(2) The minimum setbacks for towers should meet a height distance ratio of 1:1. Under special circumstances, Planning Board may reduce this setback, but it generally should not be less than ½ the height of the tower.
(3) No tower shall be located a distance less than its height from any residential dwelling unit.
(4) Screening, setback and fencing standards shall be established by the Planning Board during the conditional use process. The shelter shall either be underground or designed to look like a residential accessory structure. Such shelter shall not be located above ground in any required front or side yard unless the structure is less than 3 feet above grade and occupying less than 12 square feet.
(5) The Planning Board shall evaluate the visual impact of the tower or antenna support structure and may require techniques to disguise the proposed structure to reduce negative impacts.
(Ord. 34-17. Effective 12-7-17.)
1127.07 LOCATIONS IN OFFICE, COMMERCIAL AND INDUSTRIAL DISTRICTS.
(a) Principal Uses. The following wireless telecommunication facilities are permitted as a principal use upon a lot, in any zoning district, subject to the following siting requirements:
(1) A wireless telecommunication facility shall be permitted when physically attached to or contained within the principal structure on the lot.
(2) A wireless telecommunication facility shall be permitted to be located on a preexisting electric, telephone, street light poles or fixtures, provided that said facility meets only criteria (1) and (3) of Section 1127.04(b): Siting Requirements for Principal Uses.
(3) These are permitted provided that they can meet the siting requirements of Section 1127.04(b): Siting Requirements for Principal Uses, without special exceptions or waivers. Any requested exception shall require Planning Board evaluation through the conditional use process.
(4) The following are not considered permitted principal uses.
A. Wireless telecommunication facilities proposed on new antenna support structures or tower shall be considered a conditional use and require an amendment to the preliminary development plan approval.
B. Any new antenna support structure or tower proposed within 500 feet of any 1-675 interchange, or within 200 feet of any interstate, U.S. Route, State Route or Dayton-Yellow Springs Road, measured from the road's right-of-way lines, shall require a conditional use approval.
(b) Accessory Uses. Only personal use antennas are permitted as accessory uses on a lot, provided the antenna shall be attached to the principal structure, with the exception of ground mounted satellite dishes. Additional siting requirements as specified in Chapter 1128: Supplemental and Accessory Regulations, and the maximum height shall not exceed the lesser of the following:
(1) Height of the existing principal structure by 20 feet; or
(2) Maximum height of the zoning district by 20 feet.
(c) Conditional Uses. Wireless telecommunication facilities not permitted as a principal or accessory use, may be permitted as a conditional use upon a lot, subject to the following requirements.
(d) Siting Requirements for Conditional Uses.
(1) The height of such tower shall be subject to approval by the Planning Board and is the minimum height necessary, but shall not exceed 150 feet in height, including antennas.
(2) The minimum setbacks for towers should meet a height distance ratio of 1:1. Under special circumstances, Planning Board may reduce this setback, but it generally should not be less than ½ the height of the tower.
(3) No tower shall be located a distance less than its height from any residential dwelling unit.
(4) The minimum setbacks, screening and fencing standards shall be established by the Planning Board during the conditional use process. The shelter shall either be underground or designed to be complimentary to the property's principal structures. Such shelter shall not be located above ground in any required front or side yard unless the structure is less than three feet above grade and occupying less than 12 square feet.
(5) The Planning Board shall evaluate the visual impact of the tower or antenna support structure and may require techniques to disguise the proposed structure to reduce negative impacts.
(Ord. 34-17. Effective 12-7-17.)
1127.08 ABANDONMENT OF TOWER.
(a) Required Registration and Post Construction Monitoring. All providers utilizing wireless telecommunication facilities shall present an annual registration report to Zoning Administrator notifying him of each wireless telecommunication facility located in The City of Fairborn per the requirements of Chapter 702, Business Regulations. This registration will acknowledge whether the provider will discontinue use of the wireless telecommunication facilities in the upcoming year and the date this use will cease. A report showing compliance with FCC guidelines on electromagnetic radiation emissions shall also be submitted with this registration. Such reports shall be filed with the Zoning Administrator 30 days prior to the cessation date.
(b) Procedures for Abandonment. If at any time the use of a wireless telecommunication facility is discontinued or the renewal of the annual registration has lapsed for 180 days, the Zoning Administrator or Building Inspector may declare the facility abandoned under the procedures outlined in the Fairborn Codified Ordinances as it relates to Abandonment of Abandoned Commercial Structures. The 180-day period excludes any dormancy period between construction and the initial use of the facility. If reactivation or dismantling does not occur, the City of Fairborn will either remove the facility or will contract to have the facility removed and assess the owner or operator the costs per the procedures established.
(Ord. 34-17. Effective 12-7-17.)
1127.09 APPLICATION AND REVIEW REQUIREMENTS.
(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 telecommunication facility is to include a new tower or antenna support structure, 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 and land uses on the legal lot of record and within 250 feet of the proposed tower or antenna support structure. Aerial photos or renderings may augment the plot plan.
(c) Photo Simulations Required. Up to four total photo simulations of the proposed wireless telecommunication facility from affected residential properties and public rights-of-way shall be provided at a minimum of a 250 foot distance from the wireless telecommunication facility and one from each of the four cardinal directions.
(d) Proof Why Nonresidential Tower Location Not Feasible. In applying for authorization to erect a tower or antenna support structure within any residential district, the applicant must present sufficient evidence as to why it is not technically feasible to locate such tower in a more appropriate nonresidential zone. This evidence shall be reviewed during the conditional use approval process. Proof of technical feasibility in a nonresidential zone is grounds for denial of a request in a residential district.
(e) Technical Necessity.
(1) The applicant shall provide written documentation of all wireless telecommunication facilities in the City of Fairborn, Bath Township, and facilities outside these jurisdictions that are within five miles of the proposed site, in which it has a legal interest, whether by ownership, leasehold or otherwise. From each such wireless telecommunication facility, it shall demonstrate with written documentation that these wireless telecommunication facilities are not already providing, or do not have the potential by adjusting the wireless telecommunication facilities, to provide adequate coverage and adequate capacity to the City of Fairborn and Bath Township.
(2) The applicant shall demonstrate with written documentation that it has examined all wireless telecommunication facilities in the City of Fairborn, Bath Township and facilities outside these jurisdictions that are within five miles of the proposed site, in which it has no legal interest, whether by ownership, leasehold or otherwise, to determine whether those existing wireless telecommunication facilities can be used to provide adequate coverage and adequate capacity to the City of Fairborn and Bath Township.
(3) The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters in conjunction with all wireless telecommunication facilities listed in (1) and (2) above to provide adequate coverage and adequate capacity in the City of Fairborn and Bath Township.
(4) The documentation shall include, for each wireless telecommunication facility or repeater examined, the exact location in latitude and longitude, ground elevation, height of tower or structure, type of antenna proposed, proposed output frequency, proposed number of channels, proposed power input and proposed maximum power output per channel. Radial plots from each of these wireless telecommunication facilities, as proposed, shall be provided as part of the application.
(f) Review by Radio Frequency Engineer. The evidence submitted by the applicant shall be reviewed by a radio frequency (RF) engineer. This RF engineer shall be chosen by the City of Fairborn, and all associated costs incurred in the review of the evidence shall be borne by the applicant. Evidence shall be of sufficient degree to allow the RF engineer to support or refute the evidence. With the exception of network site location maps, technical evidence shall be considered proprietary and shall not be available for review beyond City Staff and entities given express permission from the applicant.
(g) 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.
(h) 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. If the wireless telecommunication facility is within a leasehold on a portion of a legal lot of record, the area of the leasehold shall be identified. A copy of the proposed lease shall be submitted;
(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;
(5) The proposed equipment shelter and images depicting its facade; and
(6) Measurement of ambient or "existing" radio frequency (RF) radiation at the site, predictive measurements, or "existing plus proposed" RF radiation at the site, and cumulative measurements, or "existing plus proposed project plus cumulative" RF radiation at the site.
(i) 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 180 days after its use is discontinued.
(j) Denial by Jurisdiction. Any decision to deny a request to place, construct or modify a wireless telecommunication facility or tower shall be in writing and supported by evidence contained in a written record.
(Ord. 34-17. Effective 12-7-17.)