Kirtland City Zoning Code
CHAPTER 1292
WIRELESS COMMUNICATION FACILITIES
§ 1292.01 PURPOSE.
(a) The purpose of this chapter is to establish appropriate locations, site development standards and permit requirements to allow for the construction and subsequent maintenance of telecommunication systems, including towers and antennas.
(b) This chapter is intended to establish a process which will provide for wireless communication facilities sufficient to allow adequate service to citizens, the traveling public and others within the city.
(c) The approval process is directed at maintaining a balance between the city's right to preserve its land use policies for the health, safety, welfare and aesthetics of the community and the federal government's interest in providing for and spurring competition in the telecommunications area. In the interest of maintaining consistency with the residential character of the city, a primary objective of this legislation is to minimize the adverse visual impact of these facilities, making the site, location and construction the least intrusive as possible.
(Ord. 97-O-43, passed 7-14-1997; Am. Ord. 17-O-57, passed 12-18-2017)
§ 1292.02 DEFINITIONS.
As used in this chapter, the following terms shall have the following meanings.
(a) Antenna. "Antenna" means the specific device the surface of which is used to capture an incoming radio frequency signal and/or to transmit an outgoing radio frequency signal. The term includes the following types:
(1) An omni-directional (or "whip") antenna receives and transmits signals in a 360-degree pattern and is up to 15 feet in height and up to four inches in diameter.
(2) A directional (or "panel") antenna receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees.
(3) A parabolic (or "dish") antenna is a bowl-shaped device that receives and transmits signals in a specific directional pattern.
(4) An ancillary antenna is an antenna that is less than 12 inches in its largest dimension and is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.
(5) All other transmitting or receiving equipment not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles such equipment.
(b) Co-location. "Co-location" means the use of a single support structure and/or site by more than one wireless communications provider.
(c) Equipment enclosure. "Equipment enclosure" means a structure, shelter, cabinet or vault used to house and protect the electronic equipment necessary for processing wireless communications signals.
(d) Personal wireless service. "Personal wireless service" means a broad range of spectrum-based services, including commercial mobile services such as personal communications services (PCS), cellular radio mobile services and paging services.
(e) Substantial expansion. "Substantial expansion" means an increase in the size of an existing facility by 25 percent or more of the height or width of tower and/or equipment enclosure or a 25 percent or more increase in the footprint of the existing site's ancillary structures (i.e., fencing and the like).
(f) Support structure. "Support structure" means the structure to which the antenna and other necessary associated hardware is mounted. Support structures include, but are not limited to, the following:
(1) Lattice tower. "Lattice tower" means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
(2) Monopole. "Monopole" means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(3) Existing nonresidential structure. "Existing nonresidential structure" means existing structures as specified in further sections to which antennas may be attached which conform to the requirements of this chapter.
(g) Telecommunications. "Telecommunications" means the technology which enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems.
(h) Wireless communications facility. "Wireless communications facility" means an unstaffed facility for the transmission and reception of radio or microwave signals used for communications. The term includes the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(Ord. 97-O-43, passed 7-14-1997; Am. Ord. 17-O-57, passed 12-18-2017)
§ 1292.03 PERMITTED LOCATIONS.
(a) New wireless communications facilities may be located on nonresidential use properties with the following institutional uses: municipal/government, schools or public parks. Additionally, wireless communication facilities may be located inside or attached to existing electric high tension towers.
(b) These facilities shall be subject to the regulations set forth in this chapter and the regulations of the particular zoning district in which the facility is proposed to be located, but only to the extent such regulations do not conflict with the regulations set forth in this chapter.
(c) Wireless communication providers are expected to co-locate facilities. In the event a new structure is necessary, providers are expected to site the facilities in locations which are substantially sheltered from view. Facilities requiring construction of a support structure should be located on a site that is effectively isolated from view by structures or terrain features. The location of the facility shall comply with all natural resource protection standards, including those for flood plain wetlands and steep slopes.
(Ord. 97-O-43, passed 7-14-1997; Am. Ord. 17-O-57, passed 12-18-2017)
§ 1292.04 APPLICATION FOR CONSTRUCTION OF NEW FACILITIES OR EXPANSION OF EXISTING FACILITIES.
(a) Applicants for construction of new facilities or expansion of existing facilities are to appear before the Planning and Zoning Commission for a preview of the proposed wireless communication antenna and/or tower site(s). This preview shall be conducted at a regularly scheduled meeting of the Planning and Zoning Commission after the applicant's submission of a site plan showing the location, type of structure and height being proposed and surrounding land uses. The applicant shall provide:
(1) A diagram or map showing the appearance of the proposed facility;
(2) A site/landscaping plan showing the specific placement of the facility on the site; showing the location of existing structures, trees and other significant site features; and indicating type, locations and size of plant materials used to screen facility components and the proposed color(s) for the facility;
(3) A signed statement indicating that:
A. The applicant agrees to allow for the potential co-location of the equipment for two additional wireless communication facilities by other providers on the applicant's structure or within the same site location and will respond to written requests for co-location within 30 days and provide a copy to the city; and
B. The applicant agrees to remove the facility within six months after the site's use is discontinued.
(4) A lease agreement with the landholder that allows the landholder to enter into leases with other providers; and provides that if the provider fails to remove the facility within six months after its discontinued use, a bond will be provided by the applicant to compensate the landholder for the cost of removal of the facility;
(5) The applicable fees on deposit as required and certification from a registered engineer that the proposal is in compliance with all federal, state and local regulations;
(6) A list of competitors and their addresses so that the city may notify the competitors of the application to encourage co-location; and
(7) In addition, an applicant for construction of a new facility shall provide evidence acceptable to the city that there is no technically suitable space for the applicant's facilities reasonably available on an existing tower within the geographic area to be served. If another existing tower is technically suitable, the applicant must demonstrate that it has made written request to co-locate on the existing tower and that the request was rejected by the owner of the tower.
(b) Approval for construction of new telecommunication facilities or expansion of existing facilities by the Planning and Zoning Commission shall become effective only following review and a public hearing by City Council. A copy of the approval of the Commission shall be filed with the Clerk of Council by the Clerk of the Commission. If, within the 30-day period next succeeding such filing, Council, by a majority vote, disapproves the Commission's action in granting the permit, the permit shall be void and shall not be issued. Otherwise, it, together with any additional conditions imposed by Council, becomes and is in full force and effect on the day next succeeding the 30-day period. However, should Council approve the action of the Commission within the 30-day period, the permit becomes in full force and effect from the date of the approval. Any decision to deny a permit to place, construct or modify a wireless communication antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of Council. A time limit of one year shall be included in the permit for commencement of construction.
(c) Fees for the construction of new facilities or substantial expansion of existing facilities shall be as follows:
(1) New wireless communication tower and facility and expansion of existing facilities: the fee as stated in § 236.07 of the City of Kirtland Codified Ordinances; and
(2) New wireless communication antenna: the fee as stated in § 236.07 of the City of Kirtland Codified Ordinances.
(Ord. 97-O-43, passed 7-14-1997; Am. Ord. 17-O-20, passed 7-3-2017; Am. Ord. 17-O-57, passed 12-18-2017)
§ 1292.05 APPLICATION FOR CO-LOCATION, REMOVAL OR REPLACEMENT ON OR OF EXISTING FACILITIES.
(a) Applicants for co-location, removal, or replacement on or of existing facilities are to submit a plan detailing the proposed co-location, removal, or replacement with the Zoning Inspector. The applicant shall provide sufficiently detailed plans to clearly determine whether the proposed co-location, removal, or replacement:
(1) Will increase the existing height of the tower;
(2) Whether mounting the antenna will involve adding more than four new equipment cabinets or one new equipment shelter over the original approved plans;
(3) Whether it would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;
(4) Whether it involves excavation outside the current tower site defined, herein, as the leased or owned property surrounding the tower and any access or utility easements related to the site; and
(5) The Zoning Inspector shall review the application and make a determination whether the information provided indicates that the co-location, removal, or replacement exceeds any of the criteria established in divisions (a)(1) through (a)(4) above. If it does not, then the Zoning Inspector may administratively issue a permit for co-location, removal, or replacement. If the information provided indicates that the proposed co-location, removal, or replacement exceeds any of the criteria set forth in divisions (a)(1) through (a)(4) above, then, in such event, the Zoning Inspector shall refer the application to the Planning and Zoning Commission for review and approval, pursuant to § 1292.04, on the basis that the application seeks a substantial change of the physical dimensions of the tower or base station.
(b) The applicant shall further provide a lease agreement with the landholder that provides for removal of the additional equipment within 90 days after its discontinued use.
(c) The applicable fees as required on deposit and certification from a registered engineer that the proposal is in compliance with all federal, state, and local regulations.
(d) If the application is reviewed by the Planning and Zoning Commission then the requirement for review and a public hearing by City Council may be waived upon notification of Council by the Planning and Zoning Commission that the co-location, removal, or replacement of existing facilities does not require the construction of a new tower or associated facilities and that the applicant's proposal will have no significant impact on the existing appearance of the facility.
(e) The fee for co-location, removal, or replacement of a wireless communication facility on or of an existing structure is as stated in the Fee Schedule in § 236.07 of the Kirtland Code of Ordinances if administratively approved a fee as stated in the Fee Schedule in § 236.07 of the Kirtland Code of Ordinances if approval is required by the Planning and Zoning Commission.
(Ord. 97-O-43, passed 7-14-1997; Am. Ord. 13-O-46, passed 9-16-2013; Am. Ord. 17-O-20, passed 7-3-2017; Am. Ord. 17-O-57, passed 12-18-2017)
§ 1292.06 TYPE OF CONSTRUCTION.
(a) A wireless communication monopole tower shall be constructed up to, but not including, 200 feet in height above the finished grade, unless a lesser height is technically feasible to service the geographical service area of the applicant and potential co-locators.
(b) All applicants shall be required to construct or locate on a base tower structure and structure foundation that is designed to be buildable up to, but not including, 200 feet above the finished grade. Such structure shall be designed to have sufficient structural capacity to allow for at least three providers to be located on the structure when constructed to the maximum allowable height. The wireless communication facility shall also be designed to show that the applicant has enough space on its site plan for an equipment building large enough to accommodate at least three users. If an equipment building is initially constructed to accommodate only one user, space shall be reserved on site for equipment building expansions to accommodate at least three users. The maximum size of above-ground equipment buildings is 300 square feet for one provider and 750 square feet in total.
(c) Towers and antennas shall be designed in accordance with provisions in the current Ohio Building Code Section 3108 Telecommunication and Broadcast Towers.
(Ord. 97-O-43, passed 7-14-1997; Am. Ord. 17-O-57, passed 12-18-2017; Am. Ord. 24-O-40, passed 6-17-2024)
§ 1292.07 SITE DEVELOPMENT.
(a) Free-standing telecommunications facilities (i.e., those not located on or in existing electric high tension towers) shall conform to the following site development standards.
(1) Support structures shall be set back from all residential property lines a distance of no less than the height of the tower and shall comply with all required setbacks of the zoning district in which such tower is located. The Planning and Zoning Commission may permit the tower to be located closer to a residential property line if the visual impact is therefore reduced, but in no case shall it be located less than 100 feet from a residential property line.
(2) Support structures shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation and structures so as to use existing site features to screen as much of the total facility as possible from view and to use existing site features as a background so that the facility blends into the background.
(3) Support structures, panel and parabolic antennas and any associated hardware shall be painted a nonreflective color or color scheme appropriate and inconspicuous to the background against which the facility would be viewed from a majority of points within its viewshed. The final colors and color scheme must meet the approval of the Planning and Zoning Commission and blend with surrounding environmental characteristics.
(4) The maximum size of equipment buildings is 200 square feet for one provider and 400 square feet in total. The maximum building height shall not exceed ten feet for flat-roof buildings and 14 feet for buildings with a pitch roof design. If there are multiple users, the equipment must be sheltered in a single building, unless the applicant can show a technical necessity for a separate building, in which case multiple buildings must appear to be a single building.
(Am. Ord. 06-O-49, passed 10-16-2006)
(b) Fencing shall be constructed for both aesthetic and public safety reasons. Fencing shall be at least six feet in height, but no more than eight feet. Barbed wire at the top of the fence is permitted. The color and type of fence must meet the approval of the Planning and Zoning Commission.
(c) Existing vegetation shall be preserved to the maximum extent possible. A buffer area of not less than ten feet in depth shall be placed between the facility and the public right-of-way and any adjacent residential uses. This buffer shall be landscaped with hardy evergreen shrubbery or trees in a tight configuration at least six feet in height, so as to screen the facility. The landscaping shall be maintained and promptly restored when necessary by the owner of the tower.
(Ord. 97-O-43, passed 7-14-1997; Am. Ord. 17-O-57, passed 12-18-2017)
§ 1292.08 CO-LOCATION.
A permittee shall cooperate with other providers in co-locating additional antennas on support structures. A permittee shall exercise good faith in co-locating with other providers and sharing the permitted site; provided, such shared use does not give rise to a substantial technical level impairment of the ability to provide the permitted use. Such good faith shall include sharing technical information to evaluate the feasibility of co-location. All applicants shall demonstrate reasonable efforts in developing a co-location alternative for their proposal.
(Ord. 97-O-43, passed 7-14-1997; Am. Ord. 17-O-57, passed 12-18-2017)
§ 1292.09 GENERAL REQUIREMENTS.
(a) "No Trespassing" signs shall be posted around the facility with a telephone number of a contact in case of emergency.
(b) The owner or operator of the facility shall agree to remove a non-functioning facility within six months of ceasing its use.
(c) The owner or operator shall be required as a condition of issuance of a permit to post a cash or surety bond acceptable to the Law Director of not less than one hundred dollars ($100.00) per vertical foot from natural grade of the wireless communication tower, which bond shall insure that, an abandoned, obsolete or destroyed wireless communication antenna and/or tower shall be removed within six months of cessation of use and abandonment. Any co-locator shall be required to additionally execute such a bond, as principal, to insure that the bond will be in place during the period of time that the co-locator occupies the tower. The bond of a co-locator shall be in the amount of one hundred dollars ($100.00) per vertical foot measured from the natural grade to the highest point of the apparatus co-located on the tower.
(Am. Ord. 06-O-12, passed 3-20-2006)
(d) Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is hereby prohibited, except during initial construction or to supply emergency power in the event of a power outage.
(e) Except as required by law, an antenna or a tower shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by FAA regulations, white strobe lights shall not be permitted at night unless no other alternative is permitted by the FAA. Lighting for security purposes shall be permitted only with prior approval of the Planning and Zoning Commission.
(f) No advertising shall be permitted on the facility.
(g) There shall be a separation of at least one-half mile between new wireless communication towers. The Planning and Zoning Commission may waive this requirement with the approval of the City Council.
(h) Vehicular access to the equipment and facility shall be integrated with existing parking and drives to the extent feasible, taking into consideration existing traffic flow and safety.
(i) If an access road is developed exclusively for the facility, a locking gate shall be installed to prevent unauthorized use of the access road.
(j) The wireless telecommunications facility shall be fully automated and unstaffed except for periodic and necessary maintenance (except in the event of an emergency or during construction).
(k) Construction activity shall take place only within the following times and days: 9:00 a.m. to 7:00 p.m. Monday through Saturday and 12:00 noon to 6:00 p.m. on Sunday, to minimize the impact of construction noise on nearby residents.
(l) The owner/operator shall provide the city with information identifying procedures and contacts in the event of an emergency.
(Ord. 97-O-43, passed 7-14-1997; Am. Ord. 17-O-57, passed 12-18-2017)