This Code is applicable to commercial operators and operations, and is not applicable to a licensed amateur operator (ham operator) of a single amateur radio station. It is the purpose of the provisions of this chapter, known as “Wireless Communication Towers and Systems:”to:

   (a)   Accommodate the need for wireless communications towers and facilities for the provision of wireless services while regulating their location and number in the village.

   (b)   Minimize adverse visual effects of communications towers and support structures through proper siting, design and screening.

   (c)   Avoid potential damage to persons and adjacent properties from failure of communications towers and support structure or other hazards; and

   (d)   Encourage the joint use of any new and existing communications towers and support structures to reduce the number of such structures needed in the future.

(Ord. 2012-20, passed 4-17-2012)

   The following definitions shall apply to this chapter:

   CELLULAR COMMUNICATION SERVICES. Personal communications accessed by means of equipment and services.

   FENCE. A barrier intended to enclose or restrict access to an area or to mark a boundary, constructed of wood, wire or other material, supported on posts.

   MICRO ANTENNAS. Any wireless communication antennas which consist solely of the antenna and which do not have any supporting structures other than brackets, including micro cells.

   TALL STRUCTURES. Any structure or building, including but not limited to, smoke stacks, water towers, buildings over 35 feet in height, antenna support structures of other wireless communication companies, and other communication towers.

   WIRELESS COMMUNICATIONS ANTENNA. Any structure or device used to receive or transmit electromagnetic waves between phones, pagers, commercial mobile services, wireless services and ground-wired communications systems including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas such as whips and other equipment utilized to serve personal communication services.

   WIRELESS COMMUNICATIONS SITE. A tract, lot or parcel of land that contains the wireless communications tower, antenna, support structure, parking and any other uses associated with and ancillary to wireless communications transmission.

   WIRELESS COMMUNICATIONS SUPPORT STRUCTURE. Any building or structure, including equipment, shelter, guy wire anchors, accessory to but necessary for the proper functioning of the wireless communications antenna or tower.

   WIRELESS COMMUNICATIONS TOWER. A freestanding structure used to support a wireless communications antenna. Such tower may be constructed as a monopole, meaning one cylindrical column in the air, or, subject to the provisions of this chapter, as a lattice tower, meaning three or more vertical legs trussed together, or a guyed tower, meaning a structure that because it is less substantial is secured to the ground by wires, cables or similar material.

   WIRELESS COMMUNICATIONS TOWER, HEIGHT OF. The height from the base of the structure, at grade, to its top or to the top of any antenna located thereon, whichever is greater. Grade shall be determined as the elevation of the natural or existing topography of the ground level prior to construction of the tower.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Any person or company intending to apply for the placement or operation of a wireless communications antenna, or site within the village shall first schedule a pre-application conference with the Village Administrator or his assignee. At this conference, the prospective applicant must present to the Village Administrator or his assignee any proposed locations for the equipment or site, also demonstrating the need for a tower and that all alternatives to the construction of a new tower, such as co-location, have been exhausted. This information should identify the area within which the tower may be located, the maximum height of the proposed tower and identify any possible users that may co-locate at the site. The purpose of the pre-application conference will be to evaluate the impact on adjacent areas and neighborhoods, discuss possibilities of co-location, and identify alternative suitable sites that may minimize the negative impact on residential areas.

   (b)   Upon completion of the pre-application conference, an application may be filed with the office of the Village Administrator. The application shall be in compliance with the provisions of this chapter, and in compliance with all applicable provisions of the Village Zoning Code except those in conflict with this chapter, and in such form as approved by the Village Administrator. If the application does not conform with said provisions, the applicant shall be notified by the Village Administrator and no further consideration of the application shall occur until it is in compliance with the terms of the ordinance.

   (c)   The application fee for a wireless communication system, tower, antenna, or site shall be $2,000 for each proposed location and $500 for each new user proposing to co-locate.

(Ord. 2012-20, passed 4-17-2012)

   The following use regulations shall apply to wireless communications antennas and towers:

   (a)   A wireless communications site, subject to this chapter, may be permitted as follows within GI, General Industrial and LI, Light Industrial zoning districts, provided such wireless communication otherwise complies with this chapter.

   (b)   Wireless communications sites in a zoning district or area where such use is permitted shall not be located any closer to any residential zoning district than as follows:

      (1)   If a wireless communication tower is 100 feet or less in height, the site shall be located no closer than 500 feet to any residential zoning district.

      (2)   For any wireless communication tower exceeding 100 feet in height, the site may not be located closer to any residential zoning district than a distance equal to 500 feet plus two feet for each foot of height that the tower exceeds 100 feet.

   (c)   A wireless communications antenna may be mounted to or within an existing structure, such as a communications tower (whether said tower is for wireless purposes or not), smoke stack, steeple, water tower or other tall structures in any zoning district or area where a wireless communication site is permitted. Wireless communication antenna may only be placed on the top of buildings that are greater than 35 feet in height.

   (d)   Micro antennas may be placed on any buildings in a zoning district or area where a wireless communication site is permitted. A micro antenna shall not be subject to the set back requirements of other wireless communication towers provided it is placed on the roof of an existing building.

   (e)   All other uses accessory to the wireless communications antenna and towers including , but not limited to business offices, maintenance depots, and materials and vehicle storage, are prohibited from the site unless otherwise permitted in the zoning district in which the wireless communications antenna and/or tower is located.

(Ord. 2012-20, passed 4-17-2012)

   (a)   The following standards shall apply to all wireless communications antennas and towers:

      (1)   The wireless communications company shall demonstrate, using the latest technological evidence, why the antenna or tower must be placed in a proposed location in order to serve its necessary function in the company's grid system. Part of this demonstration shall include a drawing showing the boundaries of the area around the proposed location which would probably also permit the antenna to function properly in the company's grid system. This area shall be considered the allowable zone.

      (2)   If the communications company proposes to build a wireless communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it has contacted the owners of any nearby tall structures within the allowable district or area, asked for permission to install the communications antenna on those structures, and was denied for either non-economic reasons or that a clearly unreasonable economic demand was made by the owner, based on prevailing market values.

   (b)   The village may deny the application to construct a new wireless communications tower if the applicant has not made a good faith effort to mount the antenna on existing structures.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Antenna/tower height. The applicant shall demonstrate that the planned height of a wireless communications tower is no higher than necessary to function satisfactorily and to accommodate the co-location requirements as set out in Subsection 1268.05. No tower that is taller than the necessary height shall be approved, and the height of any tower to be greater than 200 feet must first be approved by the Planning Commission. Towers shall be monopole construction unless it is demonstrated upon application that another type of tower is required for safety purposes and it has been approved by the Planning Commission.

   (b)   Setbacks from the base of the tower. If a new wireless communications tower is to be constructed in an industrial zoning district, the minimum distance between the base of the tower, or if so supported, between any guy wire anchors supporting the tower, and any property line which abuts a zoning district other than a residential district shall be no closer to that district than the greater of 50 percent of the tower height or 50 feet.

   (c)   Wireless communications tower safety. All wireless communications towers shall be fitted with anti-climbing devices as approved by the manufacturers. Furthermore, the applicant shall demonstrate that the proposed wireless communications tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. However, if a specific safety issue in question is determined to be regulated by either FCC Regulations or applicable Building Code regulations, and the operation or construction is in compliance with such regulations, then this requirement for safety shall be deemed to have been met. Subsequent to the installation of a wireless communications tower site, if it is determined by the Village Council, upon presentation of proper and sufficient documentation, and after a public hearing, that the operation of a wireless communications tower is inherently dangerous or is a demonstrable health hazard, the wireless communication tower shall be declared to be a nuisance and all operation shall cease. The tower or antenna shall also be removed as provided under § 1268.15 of this chapter. However, no order of removal shall be made if it is inconsistent with any provisions herein or with any existing FCC Regulations.

   (d)   Fencing. A fence or wall shall be required around the wireless communications tower and its support structure(s), unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height and shall be erected to prevent access to non-authorized personnel.

   (e)   Landscaping. Landscaping in compliance with a plan approved by the Village Administrator or his assignee, shall be provided to screen as much of the support structure and ground level features as is possible. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

   (f)   Limiting the number of wireless communications towers. In order to reduce the number of antenna support structures needed in the village, the owner of an existing wireless communications tower shall not unreasonably deny a request to accommodate other users, including other wireless communications companies, and the antenna of local or joint police, fire, and ambulance department. Nothing contained herein is intended to prevent the owner of the existing wireless communications tower from receiving reasonable compensation for the use of its tower by commercial users. Unless waived for good cause by the Planning Commission to minimize impact on adjoining property, for the purposes of encouraging co-location of wireless antenna and other users, wireless communication towers shall be designed, engineered, and constructed as follows:

      (1)   Towers less than 75 feet tall shall be designed, engineered and constructed to support antennas installed by at least two wireless communication service users;

      (2)   Towers more than 75 feet in height, but less than 150 feet shall be designed, engineered and constructed to support antennas installed by at least three wireless communication service users; and

      (3)   Towers 150 feet in height or taller shall be designed, engineered and constructed to support antennas installed by at least four wireless communication service users.

      (4)   As used in divisions (1), (2) and (3) above, the term "users" shall include the antennas of police, fire and ambulance departments. In addition, an applicant must demonstrate that the area acquired by lease or otherwise acquired for the use and construction of the tower and accessory structures is sufficient in size to accommodate any additional structures that may be required if additional users are added to the tower.

   (g)   Licensing. The communications company must demonstrate to the village that it is licensed by the Federal Communications Commission (FCC). The owner of the tower must also annually provide to the village no later than January 31 of each year, and at such time as a new user is added, a list of all users of the tower and each user shall provide the village with a copy of that user's license with the FCC. No approval will be granted to any applicant or user unless proof of a current FCC license for the proposed use of the tower is provided.

   (h)   Access. Access to the wireless communications site shall be paved with concrete or asphalt, and the perimeter of the access drive and parking lot shall be curbed.

   (i)   Required parking. If the wireless communications site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in the Village's Code of Ordinances.

   (j)   Appearance. Wireless communications towers under 200 feet in height shall be painted silver or have a galvanized finish retained, or be finished with a neutral color matching its background in order to reduce visual impact. The applicant shall demonstrate that the proposed wireless communication tower is the least aesthetically intrusive facility for the neighborhood and function. It is further recommended that all buildings and structures be architecturally compatible with the neighborhood and function. Wireless communications towers may not be artificially lighted except when required by the FAA. Furthermore, no wireless communication tower or antenna and accessory buildings and structures shall contain any signage except safety signage. All utility lines serving the towers shall be underground, unless there is a demonstrated safety hazard created by underground installation.

   (k)   Site plan and documentation required. A full site plan shall be required for all proposed wireless communications sites, except antenna to be placed on existing structures, at a reasonable scale, but not smaller than 1 inch to 20 feet (1" = 20'), indicating, as a minimum, the following:

      (1)   The total area of the site and the identity of the owners(s).

      (2)   The existing zoning of the property in question and existing zoning and ownership of all adjacent properties.

      (3)   All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.

      (4)   Existing topography with a maximum of five foot contours intervals.

      (5)   The proposed finished grade of the development shown by contours not exceeding five foot intervals.

      (6)   The location of all existing buildings and structures and the proposed location of the wireless communications tower and all wireless communications support structures including dimensions, heights, and where applicable, the gross floor area of the buildings.

      (7)   The locations and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, grades, surfacing materials, drainage plans and illumination of the facility.

      (8)   All existing and proposed sidewalks and open areas on the site.

      (9)   The location of all proposed fences, screening and walls.

      (10)   The location of all existing and proposed streets.

      (11)   All existing and proposed utilities including types and grades.

      (12)   The schedule of any phasing of the project.

      (13)   Documentation which shows all buildings and structures on adjacent lots and any additional lot which has a lot line within 500 feet of the lot on which the tower is proposed to be located, and the identity of the owner(s). The approximate elevation of the highest point of each building or structure shall be noted. Applicant may identify any additional features in the area (such as existing screening, fences and topography) which may be helpful in considering the impact of the proposed tower on nearby property.

      (14)   A report for all proposed wireless communication sites, except antenna to e placed on existing structures, to include: a description of the tower with technical reasons for its design; documentation establishing the structural integrity for the tower's proposed uses; the general capacity of the tower, and information necessary to assure that ANSI standards are met; a statement of intent on whether excess space on the tower will be leased; proof of ownership of the proposed site or authorization to utilize it; and a visual study depicting “where within the village limits any portion of the proposed tower could be seen.”

      (15)   Any other information as may be required to determine the conformance with this Code and any applicable provisions of the Building and Zoning Codes.

   (l)   Notwithstanding the foregoing division, for wireless communications antenna to be placed on an existing structure, with no new tower to be erected, the applicant need submit to the Village Administrator only such information as is required to insure compliance with the applicable provisions of this chapter and the Building and Zoning Codes, including but not limited to, FCC licensing, safety provisions as to the antenna and authorization to utilize the site.

(Ord. 2012-20, passed 4-17-2012)

   Any owner or person in charge of property used as a wireless communications site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds and other debris, and the Village Administrator or his designee may inspect the property at any reasonable time to assure that such property is properly maintained. Any owner of a wireless communications tower shall, at least 30 days in advance, notify the Village Administrator in writing of its intent to discontinue operation or service, or transfer of ownership.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Any wireless communications tower that has discontinued its service for a period of six continuous months or more is hereby determined to be a nuisance. A tower declared to be a nuisance, must be removed, along with all accessory structures related thereto, and the property restored to its former condition. DISCONTINUED shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, or is unused or has ceased the daily activities or operations which had occurred.

   (b)   Whenever, upon inspection, it shall appear that a wireless communications tower or site has been abandoned or its use discontinued, and its removal is directed by the Village Council, the Village Administrator or a designated representative shall notify, either by personal delivery or by certified mail, the owner or person in charge of the property on which the tower is located that the tower must be taken down and removed. The Village Administrator or a designated representative, in addition to any other citations, notices, penalties or remedies provided by law or ordinance, is authorized to proceed in a manner consistent with and pursuant to Ohio R.C. §§ 715.26 and 715.261 to maintain the public health, safety and welfare and to recover costs as appropriate.

   (c)   If the owner or person in charge of the property referred to in the preceding paragraph fails to comply with the notice from the Village Administrator or his designated representative, the Village Administrator shall cause the tower to be taken down and removed, and when this has been accomplished, a statement of the cost therefore shall be mailed to the owner or person in charge by certified mail, return receipt requested. Upon failure of the owner or person in charge to pay within 30 days the amount of the statement provided, the Village Clerk may certify the total costs upon the tax list and duplicate for taking down and removing the tower and be a lien upon such owner's land from and after the date of entry, and shall be collected as other taxes and returned to the village with the general fund settlements.

(Ord. 2012-20, passed 4-17-2012)

   (a)   No wireless communications tower shall be permitted on any lot on which any non-conforming building or structure is located or on which any non-conforming use or activity is occurring without first obtaining permission from the Village Board of Zoning Appeals.

   (b)   No wireless communications tower shall be constructed, replaced, or altered without first obtaining an applicable building permit.

   (c)   A wireless communication antenna or communication site shall not be placed, operated, constructed, affixed or otherwise located within the village except as allowed and permitted by this Code.

   (d)   The Board of Zoning Appeals shall have the power to authorize on appeal in specific cases any variances from the terms of this chapter as will not be contrary to the public interest.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Any person, firm or corporation who constructs a wireless communications support structure or a wireless communications tower in violation of any provisions of this chapter or the Zoning Code shall be fined not more than $10,000.00.

   (b)   Except as otherwise provided herein, any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any provisions of this chapter, shall be guilty of a misdemeanor of the first degree for each offense or violation. Each and every day that an offense or violation continues shall constitute a separate offense.

(Ord. 2012-20, passed 4-17-2012)