(a)

The purpose of this chapter (to be known as the Gahanna Personal Wireless Service Facilities Ordinance) is to regulate the placement, construction, and modification of towers and wireless communications facilities to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of a competitive wireless communications marketplace in the City.

(b)

The City's intent is to encourage wireless communications service providers that seek to further the following City priorities:

(1)

Directing the location of Towers and Wireless Communications Facilities (WCF) in the City;

(2)

Minimize adverse visual impacts of Towers and Wireless Communications Facilities by locating in the least obtrusive locations and manner using present and evolving technology with an emphasis on the utilization of underground Equipment Shelters, Distributed Antenna Systems, and Alternative Tower Structures;

(3)

Encourage the use of existing Towers or Alternative Tower Structures as an alternative to new tower construction;

(4)

Require new Towers and other related structures to accommodate multiple users wherever practicable;

(5)

To avoid potential damage to adjacent properties caused by Towers and Wireless Communications Facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed;

(6)

Protecting residential areas and land uses from potential adverse impacts of Towers and Wireless Communications Facilities;

(7)

Ensure the proposed Towers and Wireless Communications Facilities are designed in harmony with natural settings and in a manner consistent with current development patterns;

(8)

Ensure access to reliable wireless communications services throughout all areas of the City; and,

(9)

Minimize adverse health, safety, public welfare, and visual impacts through co-location, siting, design, and construction, while upholding the purposes and objectives of this chapter.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

The following are the City's objectives regarding wireless communication regulations:

(a)

To comply with the Telecommunications Act of 1996, as amended, and any subsequent rules and/ or rule interpretations, including Section 704 preserving the authority of State or local government over decisions regarding the placement, construction, and modification of wireless service facilities.

(b)

To work proactively with wireless communications providers to ensure rapid and reliable deployment of their services/technologies, while minimizing negative effects on the City.

(c)

To ensure that the location of towers and wireless communications facilities in the City provide appropriate wireless communication coverage consistent with these objectives.

(d)

To allow, under certain conditions, appropriate City-owned property and structures to be used for wireless communications facilities.

(e)

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

(f)

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.

(g)

To ensure towers and wireless communications facilities are soundly and carefully designed, constructed, modified, maintained, and removed when no longer in use.

(h)

To ensure to the maximum extent practicable that towers and wireless communications facilities are compatible with surrounding and nearby land uses.

(i)

To ensure to the maximum extent practicable that proposed towers and wireless communications facilities are placed in locations that are designed to preserve adjacent natural settings and in a manner consistent with existing and planned development patterns.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

All Towers, Antenna Support Structures, and Wireless Communications Facilities (WCF's), any portions of which are located within the City and its rights-of-ways, are subject to this chapter. Wireless Communications Facilities and Antenna Support Structures shall be regulated and permitted pursuant to this chapter and shall not be interpreted, regulated, or permitted as essential services, public utilities, or private utilities.

(b)

Except as provided in this chapter, any approved use of a nonconforming tower or antenna support structure on the effective date of this chapter shall be allowed to continue, even if in conflict with the terms of this chapter, but shall not be expanded, reconstructed, or modified unless in conformance with this chapter, as required in Section 1115.08.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

Wireless communications facilities, where permitted, shall be subject to administrative review or conditional use review in the zoning districts specified in the City of Gahanna Codified Ordinances, contingent upon meeting the requirements of this chapter and other applicable ordinances of the City.

(b)

Each Wireless Communications Facility must be issued all necessary permits and authorizations as may be required by the Codified Ordinances, which shall include, but may not be limited to having at least one building permit, which shall be issued by the City of Gahanna in accordance with this Chapter.

(c)

The following table summarizes the City's zoning districts and approval procedures applicable to the facilities regulated by this chapter.

Note 1: Co-location facility means the installation of a wireless service facility on an existing antenna support structure or tower.

Note 2: The intent of alternative tower structures is to camouflage the tower/antenna installation ("stealth").

Note 3: If the City determines that the essential criterion of Note 2, above, has not been met, the application for administrative review and zoning permit shall be denied. The applicant may submit a conditional use application for approval.

(d)

General requirements. The following requirements shall apply to all wireless communications facilities in any zoning district. These requirements shall be in addition to the regulations of the specific zoning district.

(1)

Application. The following information must be submitted for all applications required by this chapter unless deemed unnecessary by the City. An application is not considered complete until all materials required by this chapter have been submitted and accepted by the City in accordance with this chapter. If an application is determined to be incomplete, the City shall promptly notify the applicant of the information necessary to complete the application. The City may request additional information if deemed reasonably relevant to the consideration of the application.

A.

Completed application form and application fee.

B.

A scaled and dimensioned site plan (not less than one inch equals 50 feet) clearly indicating the following:

1.

Location, type, and height of the proposed wireless communications facility;

2.

The existing or proposed lease area and parcel boundaries for the site;

3.

On-site land uses and zoning, and adjacent land uses and zoning (including land in other municipalities);

4.

Adjacent roadways and rights-of-way;

5.

Any buildings within 100 feet of the property boundaries;

6.

Proposed means of pedestrian and/or vehicular access as applicable to the type of facility;

7.

The setback distance between the proposed wireless communications facility, equipment shelters and/or cabinets, and the nearest property line;

8.

Elevation drawings of the proposed wireless communications facilities, including material specifications for all associated site improvements; and,

9.

Any other proposed improvements, including but not limited to structures, grading, tree removals and replacement, topography, parking, and other information necessary to determine compliance with this chapter.

C.

Legal description and/or property survey of the parent tract and leased parcel (if applicable).

D.

For all new towers and/or new alternative tower structures, or as otherwise required by the required reviewing body, the separation distance from other existing and planned wireless communications facilities shall be shown on a map, and shall include latitudinal and longitudinal location coordinates. There must be a written description of how the proposed facility fits into the Applicant's telecommunications network. The applicant shall also identify the type of construction of the existing wireless communications facilities and the owner/operators of the existing facilities, if known.

E.

A landscape plan showing proposed landscape materials and quantities, locations, installation sizes, and other information necessary to determine compliance with the landscape requirements of Part Nine of the City of Gahanna Codified Ordinances.

F.

Location and method of screening structures, if any, including height, material, style, and color; and, if applicable, the method of camouflage and illumination. Specification sheets shall be required for all prefabricated site elements.

G.

A statement of compliance with the requirements of this chapter and all applicable federal, state or local laws, including those of the FCC and FAA that certifies that Applicant agrees to bring Tower and Equipment Shelters into compliance with any new federal, state, or local laws or regulations concerning electromagnetic radiation and other electronic emissions applicable to the Tower and Equipment Shelter within 120 days of the effective date of the regulations.

H.

Twenty-four-hour emergency contact information and contact information for the entities providing the backhaul network for the wireless communications facilities described in the application and other wireless communications sites owned or operated by the applicant in the municipality. Contact information for the tower owner, operator, and emergency contact shall be kept current and on file with the City at all times.

I.

For all new towers and/or new alternative tower structures, or as otherwise required by the required reviewing body, a statement by the applicant and/or a structural analysis sealed by an engineer affirming that the construction of the wireless communications facility will accommodate co-location of additional antennas for future users as applicable.

J.

For all new towers and/or new alternative tower structures, or as otherwise required by the required reviewing body, a statement from an engineer of the ability or inability to use existing towers, other structures, or alternative technology not requiring the use of towers or structures, to provide the services planned for the use of the proposed wireless communications facility.

K.

For all new towers and/or new alternative tower structures, or as otherwise required by the required reviewing body, an inventory of existing and approved towers, antennas, alternative tower structures, and antenna support structures that are either within the jurisdiction or within two miles of the border of the City, with latitudinal and longitudinal location coordinates. The City may share this information with other applicants under this chapter or other organizations seeking to locate towers or antennas within the jurisdiction of Gahanna or other communities. However, the City is not, by sharing this information, in any way representing or warranting that the sites are available or suitable. The inventory of each tower and antenna shall include:

1.

A map showing each location, by address and/or parcel identification number, including straight-line distances between each facility;

2.

Facility height and design;

3.

Facility owner(s)/operator(s); and,

4.

Co-location capability of each facility, including alternative tower structures and antenna support structures.

(2)

Application procedures.

A.

Applications for all wireless communications facilities shall be submitted in accordance with Chapter 1115.

B.

The applicant shall pay a non-refundable fee as established by the City.

C.

When practicable, application for approval of multiple towers and/or antenna sites by a single owner of towers and antennas shall be submitted as a single application or multiple applications submitted at the same time.

D.

Public property. Approval by the City shall be required for any applications involving structures to be located on property owned by the City, including rights-of-way.

(3)

Wireless communications facility support structures. Towers, antennas, antenna support structures, and all other improvements associated with a wireless communications facility shall meet the following requirements:

A.

Design. All wireless communication facility support structures shall have a monopole, or similar non-lattice/guyed single vertical structure design and shall be further designed to accommodate at least two wireless communication arrays of antennas or panels, unless otherwise required by the required reviewing body. The applicant shall submit an affidavit by an engineer licensed in the State of Ohio attesting that these requirements are met.

B.

Color and finish. Towers, antennas, other wireless communications facility support structures, and supporting electrical and mechanical equipment shall either maintain a non-contrasting gray or similar color or have a galvanized steel finish and is stealth in nature, unless otherwise required by the required reviewing body or any applicable standards of the FAA and/or the Ohio Department of Transportation (ODOT). Alternative tower structures may maintain another color or finish if determined by the required reviewing body to be necessary to establish a stealth appearance and be aesthetically and architecturally compatible with the surrounding environment.

C.

Compatible design. The design of buildings and related structures for the wireless communications facility shall use materials, colors, textures, and screening so as to be aesthetically and architecturally compatible with the surrounding environment, as approved by the required reviewing body and is stealth in nature.

D.

Antenna color. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as practicable, as determined by the required reviewing body and is stealth in nature.

E.

Lighting. Facilities shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting fixtures and installation must cause the least disturbance to views from surrounding properties. Alternative tower structures may be lighted if determined by the required reviewing body to be necessary to establish a stealth appearance and to be aesthetically and architecturally compatible with the surrounding environment.

F.

Maximum height. Wireless communications facilities shall meet the following height requirements:

1.

Wireless communications facilities have a maximum height of 80 feet, except in the OF, RI, and IM zoning districts, where the maximum height is 120 feet.

2.

For wireless communications facilities locating on a structure or building, antenna shall not extend more than 20 feet above the highest point of the main roof deck or supporting structure if the antenna is located on a structure other than a roofed building.

3.

Unless otherwise required herein, alternative tower structures may exceed 120 feet if determined by the required reviewing body to be necessary to establish a stealth or camouflaged appearance that is aesthetically and architecturally compatible with the surrounding environment.

4.

Unless otherwise specified, maximum height exceeding the provisions of this section shall require conditional use approval.

5.

As an exception of this section, users locating on a City water tank are exempt from the height requirements of this chapter, but facilities shall be no taller than functionally necessary.

G.

Co-location. Unless physically or technically infeasible, all wireless communications facilities shall be constructed or reconstructed to accommodate two or more users.

1.

In connection with any application for a zoning permit, in order to encourage co-location, an existing tower meeting co-location requirements that are lower than the height permitted above may be reconstructed to meet the maximum heights permitted after receiving approval from the required reviewing body. Additionally, reconstructed towers may be required to be brought into conformance in whole or in part if the existing tower is determined by the City to be nonconforming.

2.

A wireless communications facility which is being rebuilt to accommodate the location of additional antennas may be relocated on the same site, after receiving approval from the required reviewing body, provided it meets the setback requirements of this chapter.

3.

Co-location requirements may be waived if the required reviewing body determines that the fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs that would exceed new tower development are an example of what may be determined to be unreasonable. Satisfactory and substantial information must be submitted by the applicant demonstrating that the costs are unreasonable.

(e)

Site requirements. Wireless Communications Facilities and associated site improvements shall be sited and developed in accordance with the following requirements:

(1)

Setback and siting requirements.

A.

The setback requirements shall be met for all elements of the wireless communications facility, supporting structure, and equipment.

B.

Proposed towers located within Restricted Institutional (RI) zoning district must provide a minimum setback of 300 feet for all elements of the wireless communications facility, supporting structures, and equipment from the property lines of properties occupied by dwelling uses. Setbacks from property lines occupied by commercial uses shall provide a minimum setback equal to the height of the tower.

C.

For all remaining zoning districts, a minimum setback of the height of the proposed tower in feet from all property lines, and principal structures shall apply to new towers and/or alternative tower structures unless a greater setback for principal structures is required by the zoning district in which the tower is to be located, or the proposed installation is in the right-of-way. In determining the required setbacks and lot area, the entire site, including all lots or parcels used for the tower, supporting structures, and equipment, shall be considered, even though the antennas or towers may be located on leased portions within the prescribed lot area.

(2)

Screening. Screening shall comply with applicable requirements of this Zoning Ordinance. Fencing or other materials used for screening of wireless communications facilities or associated equipment shall be at least one foot higher than the structure(s) it is intended to screen, but shall not exceed 12 feet.

(3)

Landscaping. Buffer plantings shall be located on the site to screen adjacent properties and the base of the wireless communications facility and associated equipment from adjacent properties and rights-of-way in accordance with the landscape requirements of this Zoning Ordinance.

(4)

Sign. One sign shall be posted in a visible location on the tower, alternative tower structure, fence, equipment shelter, or other associated equipment indicating the owner of the facility, and an emergency contact and phone number. The sign shall not exceed two square feet and shall be approved as part of the building permit or zoning permit. All other signs shall comply with the requirements of this Zoning Ordinance.

(f)

Equipment shelters and cabinets.

(1)

Use, Design and Screening.

A.

Accessory Equipment, including any buildings, cabinets or shelters, shall be used only to house equipment and other supplies in support of the operation of the Wireless Communication Facility or Antenna Support Structure. Any equipment not used in direct support of such operation shall not be stored on the site.

B.

Equipment cabinets or structures used in association with antennas shall be designed and/or painted to minimize visual impact.

C.

Evergreen plant material shall be used for screening and shall be planted to ensure that the equipment will be screened to its full height within three years of planting.

D.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, the required reviewing body may determine that natural growth around the property may be a sufficient buffer.

E.

At the required reviewing body's determination, alternative screening materials may be used in cases where plant material is not appropriate.

(2)

Underground equipment shelters. Underground equipment shelters are always preferred but will be mandated by the required reviewing body where equipment shelters are located on properties that are readily visible from adjacent streets and lots and where landscape screening is not effective.

(3)

Roof- and/or structure-mounted antennas. The equipment cabinet or structure used in association with antennas shall comply with applicable building codes. Additionally, equipment shall be sited, designed, and/or painted to minimize visual impact and be screened so that it is not visible from ground level.

(4)

Utility or light pole-mounted antennas. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

A.

In all zoning districts, the equipment cabinet or structure shall comply with all applicable setbacks required by the zoning district in which it is located, unless located in the right-of-way.

B.

If the proposed antenna mounted on a utility or light pole is located within an existing City easement, the applicant shall obtain a separate easement encroachment agreement as required by the City's Designee.

C.

If the proposed antenna mounted on a utility or light pole is located within the City's right-of-way, the applicant shall obtain a right-of-way permit as required by the City's Designee.

(5)

Tower-mounted antennas. As an exception to this section, where the required reviewing body determines that underground equipment shelters are not feasible due to site conditions or other considerations, equipment shelters designed using materials permitted for principal structures within the zoning district shall be provided where applicable. The unmanned equipment structure shall not exceed the maximum height for principal structures and comply with setbacks required by the zoning district in which the shelter is located.

(g)

Code compliance and permit requirements.

(1)

Construction permits. The installation of any wireless communications facility shall require compliance with all applicable federal, state, and local regulations and the securing of all applicable zoning and building permits and inspections. All towers and wireless communications facilities require a certificate of zoning plan approval and applicable building permits prior to installation.

(2)

State or federal requirements:

A.

All wireless communications facilities shall meet or exceed current standards and regulations of the National Electrical Safety Code, National Electrical Code, FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas.

B.

If state or federal standards and regulations are amended, the owners of the wireless communications facilities governed by this chapter shall bring any facilities into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the regulating agency. Failure to bring wireless communications facilities into compliance with any revised standards and regulations shall constitute grounds for removal at the owner's expense.

(3)

Building codes and safety standard:

A.

To ensure the structural integrity of towers, the owner of a tower and/or antenna support structure shall ensure that it is designed, constructed, and maintained in compliance with requirements contained in applicable state or local building codes and the applicable requirements for towers and antenna support structures that are published by the Electronics Industries Association, as amended from time to time.

B.

If, upon inspection, the City concludes that a wireless communications facility fails to comply with any applicable codes and requirements and constitutes a danger to persons or property, after written notice to the owner, the owner shall have not more than 30 days to bring the facility into compliance with those requirements. Failure to bring the facility into compliance within the required time shall be grounds for removal at the owner's expense.

(4)

License to operate. Owners and/or operators of wireless communications facilities shall maintain and submit copies of all approved franchises, certifications, licenses, and permits required by law for the design, construction, location, and operation of wireless communications facilities in Gahanna. Evidence of renewal or extensions shall be promptly provided to the City.

(5)

Certification. Any information of an engineering nature required by this chapter, whether civil, mechanical, or electrical, shall be certified by a licensed engineer.

(h)

Wireless Communication Facilities (WCFs) in the public right-of-way:

(1)

The City may impose impact minimizing conditions on any WCF's to mitigate potential noise or aesthetic impact.

(2)

WCF's permits shall be reviewed every ten years to determine whether the equipment is no longer needed or useful, or whether new means exist to further reduce noise and or aesthetic impacts that are materially greater than those that would have existed when the WCF was installed as originally permitted. The City may require facility upgrades and/or additional mitigations to reduce impact of such facilities unless the Applicant demonstrates that the mitigations are not feasible.

(3)

When the right-of-way abuts or is adjacent to a residential zone, the City, in granting an application must find that:

A.

The WCF is necessary to address a significant gap in coverage.

B.

The WCF is necessary because no feasible less intrusive alternate is available.

(4)

These requirements are in addition the others contained in this Chapter.

(i)

Timing for decisions of complete applications:

(1)

90 days for applications for co-locations.

(2)

150 days for all other applications.

(3)

The City reserves the right to negotiate alternative timelines with applicants on a case-by-case basis.

(4)

If the City notifies an applicant within 30 days of filing that the application is incomplete, the time taken by the applicant to respond does not count towards the 90- and 150-day timelines and the City may restart the process.

(5)

Any denial will be in writing and based on substantial evidence contained in a written record.

(6)

The specific reasons for any denial which constitute the substantial evidence will be accompanied with the actual denial.

(j)

City's responsibilities when evaluating Applications: The City will not:

(1)

Unreasonably discriminate among providers of functionally equivalent services.

(2)

Prohibit or have the effect of prohibiting the provisions of wireless services.

(3)

Prohibit or have the effect of prohibiting the ability of an entity to provide telecommunications service.

(4)

Regulate or deny an application for the placement, construction, and modification of Wireless Communications Facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC's regulations governing such emissions.

(5)

Deny an application solely because one or more carriers serve the geographic market.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

General provisions.

(1)

The City's Designee shall serve as the review and approval authority for certain wireless communications facilities as required by this chapter. The City's Designee is responsible for the comprehensive review of each application, and making recommendations to the Planning Commission, or Board of Zoning and Building Appeals where required.

(2)

The City's Designee may use the services of other professionals, such as architectural, engineering, and other consultants as they deem necessary, to advise on the application of the provisions of this chapter. Any fees from said services will be passed on to the applicant.

(3)

Time extensions.

A.

Where the provisions of this chapter require that an action be taken by the City within a stated period of time, that time may be extended with the written consent of both the applicant and the City prior to expiration of the required time period.

B.

If the applicant submits a revised application during any required review period, and the City determines that the revised application differs substantially from the previous application, a new review period shall begin and additional meetings of the required reviewing body may be scheduled if deemed necessary by the City.

(4)

Duration of approvals. Approvals of requests for administrative review made in accordance with this chapter shall be valid for a period of one year. If an initial building permit for the approved facility has not been issued within that one year period, the applicant shall be required to submit a new request for administrative review, as applicable, pursuant to this chapter before obtaining a building permit.

(5)

Resubmission. No application for administrative review which has been denied by the required reviewing body shall be resubmitted for a period of one year from the date of the decision, unless permitted by the City after a demonstration by the applicant of a change of circumstances from the previous application that may reasonably result in a different decision.

(b)

Pre-application review.

(1)

Purpose and applicability.

A.

A pre-application review may be scheduled prior to filing a formal application for administrative review. The pre-application review is not part of the formal application review process or the required review period. The purpose of the pre-application review is to provide non-binding feedback to applicants to assist in expediting the administrative review process. Any materials submitted to the City for the purposes of the pre-application review shall become part of the public record.

B.

Pre-application reviews do not result in a development decision or permit, and shall not obligate the City or the applicant to take any action on the proposal.

(2)

Pre-application review procedure.

A.

A request for a pre-application review shall be made in accordance with the provisions of this division. As an exception to the application requirements listed in this Zoning Ordinance, potential applicants may submit conceptual information based on the amount of information known about the project at the time a request for pre-application review is made. The request shall include, at a minimum, the following information:

1.

A general description of the proposal including a description of conformance to this chapter;

2.

A site plan generally demonstrating the nature of the proposed wireless communications facility and associated site improvements;

3.

Conceptual facility elevations; and,

4.

Any other materials for which the potential applicant would like to receive feedback.

B.

The City shall notify the applicant in writing at least five days prior to the pre-application review.

C.

The City's Designee and other applicable departments shall be promptly notified of the pre-application review. Prior to the meeting the City's Designee shall distribute the submitted materials to other applicable City departments for input and recommendations.

D.

The City's Designee shall review the submitted materials and provide non-binding input and recommendations to the applicant. The City's Designee shall complete the review of the application not more than 14 days from the date the request was submitted.

(c)

Administrative review.

(1)

Purpose and applicability.

A.

The purpose of the administrative review is to ensure that wireless communications facilities meet the applicable requirements of this chapter.

B.

Administrative review is required for all new wireless facilities, co-locations, and all modifications to existing facilities as required by this Zoning Ordinance. Cable microcell networks and distributed antenna systems shall also be subject to administrative review.

C.

Temporary wireless facilities shall meet all application and approval requirements of this Zoning Ordinance.

(2)

Administrative review considerations. The City's Designee shall render a decision on an application for administrative review based on the following considerations:

A.

Antennas locating on an existing building or other antenna support structure other than a tower may be approved as a use accessory to any commercial, industrial, professional, office, institutional, or similar structure, provided:

1.

The antenna is designed to be as unobtrusive as possible and is stealth in nature;

2.

The antenna does not extend more than 20 feet above the highest point of the main roof deck or supporting structure if the antenna is located on a structure other than a roofed building; and,

3.

The antenna complies with the applicable provisions of this section's general requirements.

B.

Co-located antennas on existing or reconstructed towers may be approved provided the color and design of the antenna is consistent with the existing tower and is designed to be as unobtrusive as possible and is stealth in nature. The City's Designee shall approve co-located antennas on a tower in instances where proposed co-location does not substantially change the physical dimensions of the tower and meets the requirements of this chapter.

C.

Alternative tower structures may be approved in accordance with the following:

1.

The required reviewing body may approve the location of an alternative tower structure provided the site meets the purpose, objectives and applicable requirements of this chapter.

2.

The objective of administrative review for alternative tower structures is to encourage ingenuity and the use of innovative methods to camouflage these facilities. If the application is denied by the City's Designee following a finding that the proposed facilities have not been reasonably disguised or camouflaged, the applicant may file an application for conditional use review in accordance with this section.

D.

Cable microcell network or distributed antenna systems using multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable wires, telephone wires, utilities poles, street lights, or similar technologies/ mechanisms may be approved provided that the use of towers is not required and all other applicable provisions of this chapter have been satisfied.

(3)

Decisions.

A.

Any application required by this chapter to be reviewed under the provisions of this section shall be approved, approved with conditions, or denied by the City's Designee based on the applicable review standards as provided in this section's general requirements. The City's Designee shall state the reasons for their decisions in a written record of the decision to the applicant.

B.

Prior to reaching a decision, if the City's Designee determines that an application does not meet the applicable review standards as provided in this chapter, but determines that the application could meet those criteria with modifications that could not be reasonably conditioned, the applicant may request that the application be extended to provide the opportunity to make those modifications. If the request for a time extension is granted, a new review period shall begin on the date the applicant submits a complete application with revised materials and shall be subject to the timeframe for rendering a decision as provided in this section's general requirements.

C.

Following the approval of an application for administrative review, the applicant may proceed with the process for obtaining a building permit, consistent with the approval as granted. All construction and development under any building permit shall comply with the approval, as applicable.

(d)

Variances.

(1)

Purpose and applicability. The intent of this division (d) is to provide an administrative process to allow minor deviations from the strict application of requirements of this chapter caused by unusual site or development conditions or other similar conditions that require reasonable adjustments, but remain consistent with the intent of this chapter. Examples include, but are not limited to, adjustments to wireless communications facility setbacks, landscaping and screening, or other similar features or elements.

(2)

Review procedure.

A.

An application for an administrative variance may be submitted with an application for administrative review, or at any time after an application has been submitted and before a decision or recommendation by the City's Designee has been made. If an application for an administrative variance is made after an application for administrative review has been filed, the City may require that the time period for administrative review start over on the day the request for an administrative variance is received.

B.

An application for an administrative variance may be processed simultaneously with the application for administrative review to which it relates. The City's Designee shall determine whether each requested administrative variance is approved, approved with conditions, or denied.

C.

Should the City's Designee find that the request does not meet the criteria for an administrative variance, the applicant may file for a variance in accordance with Part Eleven of the City of Gahanna Codified Ordinances, or submit a new application for administrative review.

(3)

Criteria for an administrative variance approval. The City's Designee shall make its decision on an administrative variance based on the following criteria:

A.

The need for the administrative variance is caused by unique site conditions, conditions on surrounding properties, and is not being requested simply to reduce cost or as a matter of general convenience;

B.

The administrative variance does not have the effect of authorizing any wireless communications facility type that is not otherwise permitted in that zoning district;

C.

The administrative variance does not modify any numerical development standard by more than ten percent of the requirement; and,

D.

The administrative variance, if approved, will ensure that the wireless communications facility is of equal or greater development quality with respect to design, material, and other features than without the administrative variance.

(e)

Appeals. The determination rendered by the City's Designee may be appealed to the Planning Commission within 20 days of the decision by any person aggrieved by the decision. The Appeal shall be filed with the City, specifying the grounds, in conformance with Part Eleven of the City of Gahanna Codified Ordinances.

(1)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the City certifies to the Planning Commission, after notice of appeal has been filed, that, by reason of the facts stated in the record of determination, a stay would cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which may be granted by a court of record.

(2)

In deciding the appeal, the Planning Commission shall determine, in conformance with this Zoning Ordinance, whether the decision was made using the proper requirements and standards of this chapter. The decision of the Planning Commission is limited to the information that was available to the City's Designee for the initial decision, including any materials included as part of the written record of the decision. Additional testimony is not appropriate.

(3)

If the Planning Commission determines that the City's Designee made an improper decision the Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make an order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the City's Designee.

(4)

The findings of the Planning Commission shall be based on and supported by substantial evidence contained in the decision. After action by the Planning Commission on the application, the Clerk of Council shall mail to the applicant a Record of Action taken which shall contain the motion as carried by the Planning Commission to include any conditions. A final determination of the Planning Commission may be appealed to the Board of Zoning and Building Appeals. The decision of the Board of Zoning and Building Appeals shall be final.

(f)

Concurrent application review.

(1)

Applications for building permits, electrical permits, and other applicable permits may be submitted with the application for administrative review and may be processed and reviewed concurrently with the administrative review application if desired by the applicant.

(2)

Review of the building permit applications described in this section shall be subject to the statutory timing requirements that apply to building permit application reviews. Accordingly, the applicant should consider the nature and complexity of the request prior to submitting for concurrent review.

(3)

Requests for building permits for wireless facilities cannot be approved for zoning compliance until an affirmative decision of the City's Designee and all other zoning approvals are obtained and attached to the appropriate building permit documents.

(g)

Prior to commencing regular operation of the Tower or Equipment Shelter, all Tower and Equipment Shelter owners and operators must submit a certificate of compliance with all current Federal Communications Commission (FCC) regulations concerning electromagnetic radiation and other electronic emissions applicable to the Tower and Equipment Shelter.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

Applications. Applications for conditional use review for towers or antennas shall be reviewed by the Planning Commission, as required by this section's general requirements, subject to the procedures and requirements of this Zoning Ordinance, except as modified in this section.

(b)

Pre-application review.

(1)

Purpose and applicability.

A.

A pre-application review may be scheduled with the City's Designee prior to filing a formal application for conditional use review. The pre-application review is not part of the formal application review process or the required review period. The purpose of the pre-application review is to provide non-binding feedback to applicants to assist in expediting the conditional review process. Any materials submitted to the City for the purposes of the pre-application review shall become part of the public record.

B.

Pre-application reviews do not result in a development decision or permit, and shall not obligate the City or the applicant to take any action on the proposal.

(2)

Pre-application review procedure.

A.

A request for a pre-application review shall be made in accordance with the provisions of this division (b). As an exception to the application requirements listed in this section's general requirements, potential applicants may submit conceptual information based on the amount of information known about the project at the time a request for pre-application review is made. The request shall include, at a minimum, the following information:

1.

A general description of the proposal including a description of conformance to this chapter;

2.

A site plan generally demonstrating the nature of the proposed wireless communications facility and associated site improvements;

3.

Conceptual facility elevations; and,

4.

Any other materials for which the potential applicant would like to receive feedback.

B.

The City shall notify the applicant in writing at least five days prior to the pre-application review.

(c)

Public Hearings. Before approving or denying the application before it, the Planning Commission shall hold at least one public hearing on such application, notice of which shall include place, time, date and nature of such applied for in a newspaper of general circulation in the City during the calendar week prior to the public hearing. Written notice of said hearing shall also be mailed by ordinary mail to the street addresses of contiguous and adjacent property owners of the property for which said hearing is being held. The failure of delivery of such notice shall not invalidate any such application. The names and addresses of all property owners entitled to notice of the public hearing shall be furnished by the applicant. Where the subject of such public hearing involves 50 or more of the property owners of the City, then written notice to owners of the hearing, as provided in the preceding paragraph, shall not be required.

(d)

Conditional use review considerations. In addition to any standards for consideration of applications for conditional use review pursuant to this Zoning Ordinance, the Planning Commission shall consider the following factors in determining whether the application should be approved:

(1)

Compliance with the requirements of this chapter;

(2)

Height of the proposed tower or facility and its proximity to adjacent structures;

(3)

Nature of the potential for adverse effects on uses on adjacent and nearby properties;

(4)

Relationship of surrounding topography to the view from nearby properties;

(5)

Surrounding tree coverage and foliage and the ability to screen the facilities from the view of nearby properties;

(6)

Design of the tower or facility, with particular regard to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(7)

Proposed ingress and egress for maintenance, safety, and prohibition of nuisances; and,

(8)

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, with regard to the following:

A.

New towers shall be approved only when other preferable alternatives are not available. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure, or alternative technology is available to fill the communication requirements. The applicant must prove by substantial evidence that a bona fide need exists for the new Tower and that no reasonable combination of locations, techniques, or technologies will obviate the need. The applicant must further submit evidence that it has made all reasonable efforts to procure antenna space on existing facilities but was denied or the cost of co-location exceeds the cost of a new facility by at least 50 percent. No new tower may be permitted unless such tower is capable of accommodating at least one additional wireless service facility.

B.

An applicant shall submit required information for review by the Planning Commission related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

1.

No existing towers or other suitable structures are located within the specific geographic limits meeting the applicant's engineering requirements.

2.

Existing towers or structures either do not have sufficient height to meet the applicant's engineering requirements, or have insufficient structural strength to support the applicant's proposed antenna and related equipment.

3.

The applicant's proposed antenna would cause frequency interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

4.

The fees, costs, or contractual provisions required by the owner in order to share or to adapt for sharing an existing tower or structure, are unreasonable. Costs that would exceed new tower development by 50 percent is an example of what may be presumed to be unreasonable.

5.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

6.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a DAS or CMN using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable, but may be considered as a factor in the decision.

7.

The applicant provides documentation that other tower owners were contacted in writing demonstrating the above considerations.

(e)

The City may hire an independent, qualified consultant to evaluate any technical aspects of the proposed design and location at the Applicant's sole cost.

Prior to commencing regular operation of the Tower or Equipment Shelter, all Tower and Equipment Shelter owners and operators must submit a certificate of compliance with all current Federal Communications Commission regulations concerning electromagnetic radiation and other electronic emissions applicable to the Tower and Equipment Shelter. Every five years thereafter, Applicant shall at applicant's expense, prepare and submit to the City an updated radio frequency compliance report and certification certifying its equipment complies with all applicable FCC standards as of the five year anniversary date.

(f)

In granting a conditional use, the Planning Commission may impose conditions to the extent necessary to minimize any adverse effect of the proposed tower or antenna support structure on adjoining properties or to meet the review considerations of this section.

(g)

The findings and decision of the Planning Commission shall be based on and supported by substantial evidence contained in a written record and record of action which shall be forwarded to the applicant. An Applicant may appeal any decision of the Planning Commission to the Board of Zoning and Building Appeals. The decision of the Board of Zoning and Building Appeals shall be final.

(h)

The applicant shall sign an instrument, maintained by the City, agreeing to encourage and promote the joint use of telecommunications towers within the City and, to that extent, committing that there shall be no unreasonable act or omission that would have the effect of excluding, obstructing, or delaying joint use of any tower where fair and just market reasonable compensation of offered for such use.

(i)

Prior to commencing regular operation of the Tower or Equipment Shelter, all Tower and Equipment Shelter owners and operators must submit a certificate of compliance with all current Federal Communications Commission regulations concerning electromagnetic radiation and other electronic emissions applicable to the Tower and Equipment Shelter. Every five years thereafter, Applicant shall at applicant's expense, prepare and submit to the City an updated radio frequency compliance report and certification certifying its equipment complies with all applicable FCC standards as of the five-year anniversary date.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

Abandonment.

(1)

All providers utilizing wireless communications facilities shall notify the City in writing of the location and date that any tower facility located in the City whose use will be discontinued. If the use of the facility is discontinued for 180 days without notice from the owner/operator or the owner of the property, the City may declare the facility to be abandoned (this excludes any dormancy period between construction and the initial use of the facility). The facility's owner/ operator and property owner will receive written notice from the City and be instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility.

(2)

If reactivation or dismantling does not occur as described in division (a)(1) above, the City will either remove or cause the facility and associated structures to be removed and assess the costs to the owner/operator and property owner. In the case of a multi-use tower or wireless communications facility, this provision does not become effective until all users cease use of the tower or facility. However, the City may cause the abandoned portions of systems on the multi-use tower or facility to be removed in accordance with this provision.

(b)

Before initiating action to remove the facility, the City must provide the owner of the tower or wireless communications facility and the property owner 90 days written notice and an opportunity to be heard before the Board of Zoning and Building Appeals to appeal the decision. After this notice has been provided, or following a determination by the Board of Zoning and Building Appeals that the tower or facility has been abandoned, the City may take whatever action that is lawful to either 1) acquire the Tower and any appurtenances attached thereto at the then fair market value, or 2) order the removal or demolition of the tower or facility and all appurtenances.

(c)

If the removal is appealed, a public hearing in accordance with City Code will be held before the Board of Zoning and Building Appeals following the 90-day notice required in division (b) of this section. All interested parties shall be allowed an opportunity to be heard at the public hearing.

(d)

After a public hearing is requested by the tower or wireless communications facility owner and held pursuant to division (c) of this section, the Board of Zoning and Building Appeals may recommend that the City order the removal or demolition of the tower. The City may require the tower or facility owner or former owner to pay for all expenses necessary to remove or demolish the tower or facility.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

Conforming use. Wireless communication facilities that are constructed in accordance with the provisions of this chapter shall be deemed conforming uses or structures, regardless of their date of construction. This shall be the case even when new facilities are added to a nonconforming installation, provided that any new facilities meet the requirements of this chapter.

(b)

Existing towers. Towers already in existence shall be allowed to continue their use as they exist as of the date of the adoption or amendment of this chapter. Routine maintenance (including replacement with a new tower of like construction and height serving the same purpose) shall be permitted. A replacement tower must be constructed within 180 days of removal of the initial facility unless the owner demonstrates that meeting this requirement is not possible due to conditions not reasonably within their control. The City may permit new construction and/or equipment replacement, other than routine maintenance on an existing tower, provided it complies with the requirements of this chapter and applicable requirements of this Zoning Ordinance to the extent that existing conditions permit.

(c)

Damaged or destroyed nonconforming wireless communications facilities. Notwithstanding this section, nonconforming wireless communications facilities that are damaged or destroyed by actions outside the owner's control may be rebuilt without having to first obtain administrative review or a conditional use approval. Any other permits applicable to construction or reconstruction must be obtained. The type, height, and location of the wireless communications facility shall be the same as the original approved facility and constructed in accordance with currently applicable building codes. Permits for construction shall be obtained within 180 days from the date the facility is damaged or destroyed, and reconstruction shall be started within six months from the time of damage and shall be continued until completed. If no permit for construction is obtained, or if an issued permit expires, the facility shall be deemed abandoned as specified in this section's abandonment provisions.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

General. Temporary wireless communications facilities may be approved as provided for in this chapter to:

(1)

Allow communications providers to administer limited frequency and modulation testing to evaluate system performance and the need for additional wireless communications facility sites. Any approval shall not exceed 30 days.

(2)

Allow communications providers to supplement communications coverage when a previously permitted wireless communications facility has become involuntarily non-operational through an accident or force majeure. Any approval shall not exceed 30 days.

(3)

Address a substantial increase in the communications needs of the businesses, residents, and visitors of the City for a limited period of time in circumstances where an emergency has been declared by the city, state or federal government. The approval shall not extend beyond the time of the declared emergency.

(4)

Address a substantial increase in the communications needs of the businesses, residents, and visitors of the city for a limited period of time in circumstances when large conferences or special events are held within the City limits. The approval shall not exceed 14 days.

(5)

Allow providers to maintain uninterrupted wireless communication service through the use of temporary wireless facilities during extended periods of time due to substantial maintenance or capital projects undertaken or caused by the City. The approval shall not exceed the duration agreed to by the City and the affected wireless provider(s).

(6)

Allow providers to maintain uninterrupted wireless communication service resulting from what the City determines to be unforeseen circumstances and/or needs for temporary alternative wireless communication facilities. The approval shall not exceed the duration agreed to by the City and the affected wireless provider(s).

(7)

The City may permit one extension equal to the time periods permitted above, provided the extension is requested in writing prior to the expiration of the original approval period. Extensions may be granted provided the City finds that the extension is reasonably necessary to resolve or accommodate the reasons for the original approval.

(b)

Application and approval.

(1)

Due to the emergency nature often associated with temporary wireless facilities, authority to locate a temporary wireless communications facility in the city will be subject to the approval of the City following receipt of a completed application for a temporary wireless communications facility.

(2)

A temporary wireless communications facility may only be approved by the City for the limited purposes and time periods described in division (a) of this section.

(3)

Except as authorized by the City during declared emergencies, all approved temporary wireless communications facilities shall:

A.

Be limited in height by the requirements of the zoning district in which the site is located. The City may permit a greater height if the height is required for the function of the temporary wireless communications facility and no other reasonable alternative exists.

B.

Be set back a minimum of the height of the proposed tower from any adjoining or adjacent property line, as measured from the nearest part of the facility and/or any associated equipment. The City may permit a lesser setback if the location is required for the function of the temporary wireless communications facility and no other reasonable alternative location exists.

C.

Minimize the visual impact of ground equipment to adjoining or adjacent properties.

D.

Provide temporary screening as may be required by the City, such as available natural land formations, plant materials, and natural foliage to effectively screen from view as much of the temporary wireless communications facility as reasonably possible.

E.

Only commence installation at the approved site 48 hours before actual site use may begin.

F.

Be completely removed from the approved site with all site restoration finalized and returned to previously existing conditions within 48 hours following the required termination deadline or extension.

G.

Not use an electric, gas, or other type of generator that causes or permits any noise to emanate from it in a manner, intensity, and/or duration to create unreasonable noise or sound audible from a distance of 50 feet, and causes inconvenience and annoyance to persons of ordinary sensibilities.

H.

Not be illuminated unless otherwise required by the FCC or the FAA.

I.

Be required to comply with the applicable provisions of this section's general requirements and all applicable federal, state or local laws.

(4)

Applications for the location of a temporary wireless communications facility shall include the following, unless deemed unnecessary by the City:

A.

A statement of authorization from the owner of the real property upon which the temporary wireless communications facility is proposed to be located that authorizes the location of the temporary wireless communications facility;

B.

A list of all property owners and registered homeowners associations and their addresses within 150 feet of the proposed temporary wireless communications facility site. The City may require the applicant to provide adjacent property owners with a descriptive notice of the proposed temporary wireless communications facility, site plan, and the anticipated dates of operation;

C.

A description of the proposed facility and all associated equipment, including structural design, proposed height, color, location, fencing and/or screening, and approximate setback from property lines;

D.

Typical elevations or photographs indicating the appearance of the temporary facility;

E.

A site plan or aerial photo generally indicating the location and setbacks of the temporary facility; and,

F.

Any other information that the City may deem reasonably necessary to adequately evaluate the request.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

The City shall require regular inspection of Wireless Communications Facilities.

(b)

Inspections of towers by either an Ohio Licensed Professional Engineer or a qualified third party mutually agreed upon by the applicant and the City shall be performed to assess structural integrity. Such inspections shall be performed on a repeat sequence as follows:

(1)

Multi-Use Towers. At least once every seven years following completion of construction. The inspection shall take place between the sixth and seventh year of the sequence.

(2)

Alternative Tower Structure. At least once every five years following completion of construction. The inspection shall take place between the fourth and fifth year of the sequence.

(3)

Antenna Support Structure. At least once every three years following completion of construction. The inspection shall take place between the second and third year of the sequence.

(c)

The inspection reports shall be made available at the City's request, and shall be submitted to the City within 30 days of receipt of the request by the tower owner.

(d)

The cost of such inspections, reports, repairs or demolition required under this section shall be borne entirely by the tower operator. Required repairs shall be completed within 90 days or less as required by the City for safety reasons.

(e)

Failure to provide required inspection reports in the required time schedule shall be deemed prima facie evidence of abandonment.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

(a)

Non-Waiver. Nothing in this chapter shall preclude the City from exercising any right or remedy it may have in law or equity to enforce the terms and conditions of this chapter.

(b)

Severability. If any provision of this chapter or the application of any provision of this chapter to any person is, to any extent, held invalid or unenforceable by a tribunal of competent jurisdiction, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected by such holding. In case of such an event, this chapter and all of its remaining provisions shall, in all other respects, continue to be effective. In the event the law invalidating such a chapter provision subsequently repealed, rescinded, amended or is otherwise changed so that the provision which had previously been held invalid or unenforceable, no longer conflicts with the laws, rules or regulations then in effect, the previously invalid or unenforceable provision shall return to full force and effect.

(c)

Performance Bond.

(1)

All tower owners shall purchase for the benefit of the City, a performance bond to assure that the terms and conditions of this chapter are complied with, including repair and removal. The performance bond shall be in a form approved by the City's Designee and shall be in an amount no less than ten percent of the construction value of the towers as estimated by the City at the time of issuance of a building permit by the City's Designee.

(2)

The City may draw upon the performance bond for recovery of any cost or damages it incurs arising from a tower owner's violation of this chapter, or the abandonment or discontinuance of use of a tower.

(3)

The requirement to maintain a performance bond under this subsection shall cease only upon a written determination by the City that the maintenance of the bond is no longer necessary.

(d)

Should any provision of this chapter conflict with any other provision of the Code, the strictest provision shall prevail.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)

Notwithstanding any other provision of this code to the contrary, an Applicant may request a waiver to excuse it from having to comply with portions of this chapter on the ground that the requirement or action taken by the City would violate state or federal law. The City shall grant the waiver or excuse an applicant from compliance with the necessary portions of this chapter if it finds based on substantial evidence in the record that the challenged requirement or action is preempted by state or federal law.

(Ord. No. 0007-2024, § 2(Exh. A), 4-1-24)