Mount Vernon City Zoning Code

CHAPTER 1109

General Development Standards

1109.01 INTERSECTION VISIBILITY.

(a) In order to provide a clear view to the motorist there shall be a triangular area of clear visibility that is free of any obstructions where there is an intersection of two (2) or more streets and/or where a driveway intersects with a street.

(b) Where a street intersects with another street, the triangular areas shall be defined by measuring twenty (20) feet from the intersection of the extension of the front and side street curb lines (or the edge of pavement where there is no curb) and connecting the lines across the property. See Figure 1109-A.

(c) Where a driveway or alley intersects a street, the triangular areas shall be defined by measuring twenty (20) feet from the edge of the driveway along the street and ten (10) feet along the driveway, perpendicular from the street. See Figure 1109-A.

(d) These standards shall not apply to driveways that provide access to any principal use under the "Residential Uses-Household Living" classification in Table 1105-1.

(e) The ZEO may reduce the distance requirement where it is determined that a narrow lot frontage would excessively reduce buildable area.

(f) These standards do not apply in the CB District.

(g) No structure, sign, or landscape element shall exceed thirty (30) inches in height, measured from the top of the curb, within the area established above, unless approved by the ZEO. Trees may be located within these areas provided they are pruned and/or the canopy is trimmed to provide clear visibility (with the exception of the tree trunk) up to eight (8) feet above the top of the curb.

(h) Where no curb exists, the height shall be measured from the top of the pavement.

(i) The Ohio Department of Transportation may impose additional restrictions along state or federal routes.

Figure 1109-A: Intersection visibility area for two intersecting streets.

(j) The owner or occupant of property on which there is shrubbery, hedges or trees so located as to affect the vision of drivers on the public streets shall keep shrubbery and hedges trimmed to in accordance with these standards. Where trimming is not done within ten (10) days after notice by the ZEO, the employees of the City shall enter upon the property and trim the shrubbery, hedges, or trees at the expense of the property owner. Any shrub, hedge or tree found to be located upon public property may be removed by the City at any time.

(Ord. 2024-032. Passed 7-22-24.)

1109.02 OUTDOOR LIGHTING.

(a) Purpose. The purpose of this section is to regulate outdoor lighting elements as they contribute to the identity of a development or project. It is also the purposes of these regulations to ensure the safety of pedestrians while minimizing light pollution and the negative impacts of excessive glare.

(b) Applicability.

(1) The standards of this section shall apply to the following development activities:

A. Construction of all new buildings in nonresidential zoning districts;

B. Construction of all new nonresidential buildings in residential zoning districts.

C. Establishment or expansion of any vehicular use areas; or

D. Addition of outdoor lighting fixtures required by this section

(2) The requirements of this section shall not apply for a lighting related to any dwellings with four (4) or fewer dwelling units, however, all lighting for these uses, with the exception of low-voltage landscaping lighting, shall be completely shielded from adjacent properties.

(3) Decorative outdoor lighting fixtures with bulbs of less than twenty-five (25) watts, installed seasonally, are exempt from the requirements of this section.

(4) Fully shielded decorative lighting attached to a building or placed in landscaping and directed onto a building shall be exempt from the requirements of this section, provided direct light emissions are not intended to be visible above the building line roof. This shall not include decorative lighting used to illuminate a sign, which is regulated by Chapter 1113: Signs.

(5) Light fixtures used to illuminate flags, statutes, and any other objects mounted on a pole, pedestal, or platform shall be exempt from the requirements of this section, provided these objects are illuminated using a narrow cone beam or light fixtures designed to minimize light spillage beyond the illuminated object.

(6) Lighting for certain outdoor recreational uses because of their unique requirements for nighttime visibility and their limited hours of operation. However, such uses, which includes, but is not limited to, ball diamonds, playing fields, tennis courts and other similar outdoor recreational uses shall be required to meet the following standards:

A. Cutoff from a lighting source that illuminates an outdoor recreational use may exceed an angle of ninety (90) degrees from the pole, provided that the luminaries are shielded to prevent light and glare to spill over to adjacent residential properties.

B. The maximum permitted illumination at the lot lines shall be two (2) footcandles.

C. Exterior lighting for an outdoor recreational use shall be extinguished no later than 11:00 p.m.

(7) Temporary construction or emergency lighting is exempt from the requirements of this section. Such lighting shall be discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.

(8) All outdoor lighting fixtures existing and legally installed prior to the effective date of this code, shall be exempt from the requirements of this section. When existing lighting fixtures become inoperative, their replacements shall be subject to the provisions of this section.

(9) Nothing in this chapter shall apply to lighting required by the FAA or any other federal regulatory authority.

(10) The applicant must provide a plan that identifies the location, height, and type of luminaries, and shows how the applicant intends to comply with this section.

(1) General Standards.

A. All lighting of buildings, lawns, parking areas and signs shall be designed so as not to shine onto any adjacent residential property or building, or to cause glare onto any public street or vehicle thereon.

B. Consistent illumination shall be provided across the site so as not to create dark spots that may create safety issues or to reduce visibility where vehicular use areas cross pedestrian pathways.

C. All outdoor lighting fixtures regulated according to this section, including but not limited to those used for parking areas, buildings, building overhangs, canopies, signs, displays and landscaping, shall be full-cutoff type fixtures, unless exempted per Section 1109.02(b).

Figure 1109-B: Cutoff lighting fixtures (left) versus non-cutoff lighting fixtures (right).

D. Any use that has a canopy with lighting fixtures attached to the bottom of the canopy shall utilize recessed ceiling fixtures.

E. There shall be a maximum illumination of 0.5 footcandles at the lot line in all residential districts and for any nonresidential use that abuts a lot in a residential zoning district or lot occupied by an existing residential use.

(2) Measurement.

A. Light levels shall be measured in foot-candles with a direct reading, portable light meter. Readings shall be taken only after the cell has been exposed long enough to take a constant reading.

B. Measurements shall be taken at the property line, along a horizontal plane at a height of three and one-half (3.5) feet above the ground.

(3) Building-Mounted Lighting Standards.

A. Lighting may be mounted to a building facade only at entrances, loading/service locations, or for the purpose of accent lighting or illuminating nearby parking areas.

B. Exposed light bulbs are prohibited. The light fixtures shall be a total cutoff fixture (See Figure 1109-B.) but may direct lighting upward or downward.

C. In no case shall a light fixture mounted on a structure be mounted at a height where the fixture will exceed the height of the roofline.

(4) Location and Maximum Height of Light Poles.

A. The placement of light poles within raised curb planting areas or landscaped islands should be the priority location, but conflicts with parking lot trees that can obscure the lighting shall be avoided through alternative lighting locations.

B. The total height of exterior lighting poles shall not exceed the following height regulations. Height shall be measured from the average grade surrounding each light pole:

TABLE 1109-1: MAXIMUM HEIGHT OF LIGHT POLES
Districts and Uses:	Maximum Height:
R-3 and R-4 Districts and all nonresidential uses in residential zoning districts	20 feet
Lots with 50 or fewer parking spaces in nonresidential zoning districts	20 feet
Lots with more than 50 parking spaces in nonresidential zoning districts	35 feet
PDs	To be determined during the PD review

(Ord. 2024-032. Passed 7-22-24.)

1109.03 FENCES, WALLS, AND HEDGES.

(a) Zoning Permit Issuance Required.

(1) The installation of any fence or wall shall require the issuance of a zoning permit, unless specifically exempted from the permit requirement in this code. This zoning permit requirement shall also apply where a fence or wall will be removed and replaced.

(2) A zoning permit shall not be required for short sections of fencing or walls that do not enclose an area of land and that are designed as an architectural feature, utilized for decorative purposes, or utilized as a small privacy panel. Such sections shall not exceed ten (10) feet in length and shall not exceed six (6) feet in height.

(3) Retaining walls shall not require a zoning permit except under the following conditions, in which case the construction of the retaining wall shall be reviewed to ensure structural stability of the wall and/or street or alley, as applicable:

A. Retaining walls that are constructed within one and one-half (1.5) foot of a street or alley for each foot of height of the retaining wall; or

B. Retaining walls that will exceed six (6) feet in height.

(4) Hedges, shrubbery, trees, bushes and plantings shall be excluded from classification as fences but shall be subject to the intersection visibility requirements of this code. See Section 1109.01. Additionally, no shrubbery or hedge shall be planted beyond the property lines.

(b) Nonconforming Fences and Walls.

(1) Where a nonconforming fence or wall exists, such nonconforming fence or wall may continue to exist provide it is properly maintained in good condition.

(2) The repair or maintenance of a nonconforming fence or wall shall not require a zoning permit.

(3) If a nonconforming fence or wall, or portion thereof, is removed, such fence, wall, or portion thereof, shall lose its nonconforming status and may only be replaced with a fence or wall that conforms with the provisions of this section.

(1) Unless a specific distinction is made in this section, any regulation that applies to fences shall apply to walls and vice versa.

(2) All fences and walls shall be subject to the intersection visibility requirements of Section 1109.01.

(3) All fences and walls, and any related supporting structures or appurtenances, shall be contained within the lot lines of the applicable lot and shall not encroach into adjoining or abutting lots and/or rights-of-way. Property owners, with written permission from abutting property owners, may connect to fences or walls on adjoining properties.

(4) A zoning permit shall be required for each property when a connection of existing fences or walls is proposed on two or more different properties. Such applications shall also include signatures of all property owners to document the agreement of such connection.

(5) Fences or walls are permitted along property lines provided only one fence is located on the lot line. Where separate fences or walls are proposed for adjacent properties, such fences and walls shall be separated by two and one-half (2.5) feet for maintenance.

(6) The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the lot or yard being fenced. If a fence has two similarly finished sides, either side may face the adjacent property.

(7) Posts, poles, or other mechanisms used to secure the fence to the ground or support the fence shall be located on the inside of the fence (i.e., located on the property of the applicant).

(8) All diagonal or supporting members shall face the property on which the fence or wall is constructed.

(9) All fences and walls shall be maintained in a neat and orderly manner. This shall include keeping fences and walls clear of vegetation and growth unless such fence or wall is being used for a living fence (e.g., ivy walls), in which case, such fence or wall shall be maintained in a manner as to prevent such vegetative growth from encroaching onto the side of the fence or wall facing a neighboring lot.

(10) Walls shall be prohibited within all utility easements. Fences that are placed in utility easements shall require the written permission from the applicable utility company. Without such permission, fences are subject to removal without notice by utility companies or the City when work is being done in the utility easements. Fences shall not be placed in any City easement unless the plat specifically permits the placement of such fence. The City of Mount Vernon is not responsible for the determination of easements on private properties.

(11) Replacement of fences removed by the City or utility company shall be at the property owner's expense.

(12) Fences and walls shall not impede, inhibit, or obstruct culverts, drains, natural watercourses, or stormwater drainage in any zoning district. Solid fences shall be designed to have a minimum clearance of two inches above ground to allow for the natural drainage of water under the fence. Walls shall be designed to direct water to drainage channels or other outlets to eliminate the possibility of the accumulation of water behind the wall.

(13) Fences and walls for conditional uses shall comply with the standards of this section unless otherwise approved by the MPC as part of the conditional use review procedure.

(14) It shall be the duty of each lot owner and contractor, or an agent thereof, to determine lot lines and to ascertain that the fence or wall does not deviate from the plans as approved by the ZEO issuing the zoning permit approval, and that the fence does not encroach on another lot or existing easement. The issuance of the zoning permit and any inspection by the City shall not be construed to mean that the City has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed on them herein.

(d) Materials.

(1) The followin standards shall apply to the materials of all fences and walls:

A. Materials shall be weatherproof or weather resistant.

B. All sides of a decorative wall shall have a similar finish on both sides.

C. Fences made of rope, string, fabric, netting, or similar materials are prohibited unless an approved temporary construction fence (See Section 1109.03(h).).

D. Non-decorative concrete walls or masonry walls are prohibited.

E. Chicken, hog, rabbit, mesh, or woven wire fences are prohibited unless mounted on the interior of another approved form of fencing. See Figure 1109-C.

Figure 1109 C: Example of where wire fencing has been mounted on

the interior of an approved three-rail fence.

F. Chain link fencing is allowed.

G. Plywood, particle board, fiberglass, corrugated or galvanized sheet metal panels, and non-traditional fence materials deemed unacceptable by the ZEO shall be prohibited. This may include, but is not limited to, fences or walls made from discarded materials such as shipping crates or pallets, or of tires, stacked tires or automobile parts, or stacked building materials, salvaged doors or garage doors, or similar new or used materials.

H. Dangerous fences installed above ground such as electrified wire, barbed wire, unfinished non-durable, sharp edge, cut or broken glass, rusted or other such fences designed to inflict pain or cause injury shall be prohibited with the exception of sharp-edged fencing allowed in Paragraph I, below.

I. In the LI and GI Districts, fences may be topped with barbed wire. Such barbed wire shall only be located along the top of a fence and shall not extend below the top of the fence more than twelve (12) inches.

(e) Measurement.

(1) The maximum fence or wall height shall be measured from the lowest point within three (3) feet on either side of the fence to the top most portion of the fence between posts. See Figure 1109-D. The structure posts or finials may exceed the maximum height allowed in this section by up to six (6) inches.

Figure 1109-D: Illustration of the measurement of the height of a fence based on the grade.

(2) Fencing or walls should follow the natural contour of the land on which it is located. See Figure 1109-E.

Figure 1109-E: This illustrates how fencing is measured along a natural contour.

(3) A fence may be erected on top of a wall, but the combined height of the fence and wall shall not exceed the heights specified within this section for a fence or wall. Fences or walls located on top of a retaining wall shall be measured from the top of the finished grade at the top of the retaining wall.

(f) Fences and Walls in Residential Districts. The following standards apply to fences and walls in residential districts.

(1) The requirements for swimming pool protective barriers shall take precedence where such requirements are in conflict with the regulations of this section.

(2) The maximum height of a fence or wall in a required front yard shall be three (3) feet. The maximum height may be increased to four (4) feet if an open fence (See Figure 1109-F.) is utilized that has a minimum of fifty percent (50%) opacity. See Figure 1105-B for an illustration of the required front yard area.

Figure 1109-F: The above image illustrates an example of an open fence.

(3) The maximum height of all other fences in in the front yard, outside of the required front yard setback, or the side or rear yard shall be six (6) feet.

(g) Fences and Walls in Nonresidential Districts. The following standards apply to fences and walls in nonresidential districts.

(1) The maximum height of a fence or wall in a front yard shall be three (3) feet.

(2) The maximum height of all other fences in a side or rear yard shall be eight (8) feet.

(h) Temporary Construction Fences.

(1) Temporary construction fencing is permitted to enclose active construction for the duration of any construction.

(2) Temporary construction fences shall be maintained in good condition and shall not require a zoning permit approval.

(3) No temporary construction fencing material shall be used for permanent fencing.

(Ord. 2024-032. Passed 7-22-24.)

1109.04 JUNK.

(a) The accumulation or storage of junk, junk vehicles, disabled or inoperative machinery or equipment, vehicles or machinery parts, rags, or any other discarded objects or debris defined as junk by the ZEO or the ORC shall be prohibited, outside of an approved junk yard, in order to protect residents from conditions conducive to the infestation and breeding of vermin, insects, and rodents.

(b) No person shall permit litter or junk to accumulate on land owned or occupied to the extent that it blows or spills over onto the property of another.

(c) Uncontrolled accumulation of litter is a nuisance and is subject to abatement by the City or owners of surrounding land.

(d) Upon repeated violations of this section, the ZEO may require the violator to erect a fence or landscaping designed to contain litter.

(Ord. 2024-032. Passed 7-22-24.)

1109.05 PERFORMANCE STANDARDS.

No land or building in any district shall be occupied or used in any manner which creates or contributes to the existence of conditions which are dangerous, injurious, harmful, noxious, or objectionable, or which may otherwise adversely affect surrounding areas or adjoining premises, except that any use permitted by this code may be undertaken or maintained if acceptable measures and safeguards to reduce any dangerous or objectionable conditions to acceptable limits, as established in this section, are properly exercised. Specifically, the occupation or use of any land or building in any district shall be in violation of this code if one or more of the following conditions is found to exist at any time:

(a) The use or storage of flammable of explosive materials is not adequately protected by fire-fighting and fire-protection equipment or by such safety devices as are normally required for such activities;

(b) Activities involving the use and storage of flammable and explosive materials are not removed from adjacent facilities or activities to a distance compatible with the potential danger involved;

(c) Radioactivity or air pollution is present in violation of the regulations of the Ohio Environmental Protection Agency.;

(d) Hazardous wastes are present in violation of the regulations of the Ohio Environmental Protection Agency;

(e) Noise levels that exceed sixty-five (65) decibels during daytime hours or sixty (60) decibels in evening hours along any lot line in a residential district, that are not muffled so as to create objectionable noise levels due to intermittence, beat frequency, shrillness, or volume;

(f) Vibration discernible by the ZEO without instruments is present on an adjoining lot or property;

(g) Direct or reflected glare is present which is visible from any street or from any property not within a manufacturing district;

(h) Erosion caused by wind or water is carrying objectionable substances onto any adjacent lot or property. Or

(i) Water pollution or contamination is present in violation of the regulation of the Ohio Environmental Protection Agency.

(Ord. 2024-032. Passed 7-22-24.)

1109.06 CONSTRUCTION IN EASEMENTS.

Easements for installation, operation and maintenance of utilities and drainage facilities are reserved as shown on each plat when recorded or otherwise established. Within these easements, no permanent building or structure, including fences, shall be placed or permitted which may damage or which may interfere with the installation, operation, and maintenance of such utilities or which may change the normal direction of flow or drainage channels within the easement. The easement area of each lot, and any improvements within it, shall be maintained continuously by the owner of the lot, except for those improvements for which public authority or a utility is responsible. (Ord. 2024-032. Passed 7-22-24.)

1109.07 REFUSE COLLECTION AREAS.

(a) All dumpsters and refuse collection areas serving nonresidential uses and multi-family dwelling units shall be located to the rear of the principal building, to the maximum extent feasible, in order to minimize views from the street and neighboring properties.

(b) Dumpsters shall be screened in accordance with Section 1111.07.

(d) Provisions shall be made for regular and adequate vehicular access to such areas for collection purposes, as determined necessary by the ZEO.

(Ord. 2024-032. Passed 7-22-24.)

1109.08 SMALL CELL TECHNOLOGY IN THE RIGHT-OF-WAY.

(a) Applicability. This section of regulations shall apply to the review of any small-cell wireless facility that will be located in the right-of-way within the City of Mount Vernon. Cellular or wireless communication systems that are to be located on a lot are subject to the provisions of Section 1105.04(i).

(b) General Requirements.

(1) The following requirements shall apply to all small cell facilities and wireless support structures proposed within the right-of-way.

A. No person shall occupy or use the right-of-way except in accordance with law.

B. In occupying or using the right-of-way, no person shall unreasonably compromise the public health, safety, and welfare.

C. No person shall occupy or use the right-of-way without first obtaining, under this section, or section 1332.24 or 4939.031 of the Ohio Revised Code, any requisite consent of the City. Before placing small cell facilities or wireless support structures in the right-of-way, an operator must apply for and receive a Small-Cell Facility Permit, issued by the City. This provision shall not be construed to waive application fees or any other construction or work permit necessary for work in the City.

(2) The permitting procedures and authorizations set forth herein in this section shall apply only to small cell facilities and wireless support structures in the right-of-way, and do not authorize the construction and operation of a wireline backhaul facility.

(3) Nothing in this section precludes the City from applying its generally applicable health, safety, and welfare regulations when granting consent for a small cell facility or wireless support structure in the City's right-of-way.

(1) Pre-Application Meetings.

A. The City requires pre-submittal meetings to meet with potential applicants and discuss projects on a conceptual level. The conference is intended to identify the correct application type and content requirements for any given project, and also to create an informal forum in which applicants and the City can discuss any concerns that should be addressed as soon as possible to avoid any unnecessary delays in the processing of an application and deployment of wireless facilities in the City. The requirement for a pre-application meeting may be waived by the City Engineer or designee based on necessity and prior experience with the applicant.

B. An appointment is required for all pre- application meetings. The City Engineer may establish regular hours in which appointments are available and the number of potential projects that may be discussed at a pre- application meeting.

C. Pre-application meetings shall be subject to Section 1103.02(f).

(2) Prior to installation, modification, relocation or removal of a small cell facility, relocation or removal of an existing wireless support structure, installation of a new wireless support structure, or collocation on an existing wireless support structure in the right-of-way, the operator shall apply to the City and receive approval from the City.

(3) Unless otherwise required by state or federal law, the application shall be submitted to the Engineering Department with the applicable fee and all required materials and information in accordance with the requirements of this section in order for the application to be considered complete.

(4) For processing an application for consent, the City may charge a fee for each small cell facility and wireless support structure requested as prescribed under section 4939.0316 of the ORC and as listed on the associated application forms which shall be made available by the Engineering Department. The City may adjust this fee ten percent (10%) every five (5) years, rounded to the nearest five dollars.

(d) Design Guidelines.

(1) The City Engineer may promulgate detailed design guidelines with objective, technically feasible criteria applied in a non-discriminatory manner that reasonably match the aesthetics and character of the immediate area regarding all of the following, which the City shall consider in reviewing an application:

A. The location of any ground-mounted small cell facilities;

B. The location of a small cell facility on a wireless support structure;

C. The appearance and concealment of small cell facilities, including those relating to materials used for arranging, screening, and landscaping;

D. The design and appearance of a wireless support structure.

(2) The design guidelines shall provide examples of small cell facilities preferences including visual depictions.

(3) The provisions in this section shall not limit or prohibit the City Engineer's discretion to promulgate and make publicly available other information, materials or requirements in addition to, and separate from, design guidelines so long as the information, materials, or requirements do not conflict with state or federal law.

(4) The City Engineer shall have authority to update or supplement the design guidelines to address relevant changes in law, technology, or administrative processes.

(e) Safety Requirements.

(1) Any person who owns a small cell facility and/or wireless support structure sited in the right-of-way shall at all times employ ordinary and reasonable care and install and maintain in use industry standard technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.

(2) Small cell facilities, wires, cables, fixtures, and other equipment shall be installed and maintained in substantial compliance with the requirements of the National Electric Code, all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.

(3) If state or federal standards and regulations are amended, the owners of the small cell facilities and/or wireless support structures governed by this section shall bring any facilities and/or structures 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 small cell facilities and/or wireless support structures into compliance with any revised standards and regulations shall constitute grounds for removal at the owner's expense.

(4) Any operator who owns or operates small cell facilities or wireless support structures in the right-of-way shall indemnify, protect, defend, and hold the City and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates small cell facilities and wireless service in the right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the right-of-way.

(5) All owners must procure and provide to the City a bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of this section. The bond must be maintained for as long as the owner has small cell facilities and/ or wireless support structures located in the right-of-way. The bond or equivalent financial method must specifically cover the cost of removal of unused or abandoned small cell facilities and/ or wireless support structures or damage to City property caused by an operator or its agent of each small cell facility and/ or wireless support structure in case the city has to remove or pay for its removal. Two acceptable alternatives to a bond include a funds set-aside and a letter of credit.

(f) Installation and Inspection.

(1) The collocation or new wireless support structure for which a small cell permit is granted shall be completed within 180 days after issuance of the small cell permit unless the City and the applicant agree to extend this period. The City will agree to an extension if the delay is caused by:

A. Make-ready work for a City-owned wireless support structure; or

B. The lack of commercial power or backhaul availability at the site, provided that the operator has made a timely request within sixty (60) days after the issuance of the small cell permit for commercial power or backhaul services.

(2) The additional time to complete installation may not exceed a total of 360 days after the issuance of the small cell permit.

(3) In situations when completion will not occur within 180 days after issuance of the small cell permit, the applicant may request an extension of time. Such extension request must be completed utilizing the City's extension of time form, which will include the length of time being requested and the reason for the delay. The extension must be filed with the Engineering Department.

(g) General Provisions.

(1) As-Built Maps and Records.

A. Operator shall maintain accurate maps and other appropriate records, including an inventory, of its small cell facilities and wireless support structures as they are actually constructed in the right-of-way or any other City-owned property. The inventory shall include GIS coordinates, date of installation, type of wireless support structure used for installation, wireless support structure owner and description/type of installation for each small cell facility and wireless support structure.

B. Upon City's written request, the operator shall provide a cumulative inventory within thirty (30) days of City's request. Concerning small cell facilities and wireless support structures that become inactive, the inventory shall include the same information as active installations in addition to the date the small cell facility and/or wireless support structure was deactivated and the date the small cell facility and/or wireless support structure was removed from the right-of-way. The City may compare the inventory to its records to identify any discrepancies.

(2) All small cell facilities and wireless support structures shall be designed, constructed, operated and maintained in compliance with all generally applicable federal, state, and local health and safety regulations, including without limitation all applicable regulations for human exposure to RF emissions.

(h) Annual Collocation Fee. For each attachment of a small cell facilities to a wireless support structures owned or operated by the City and located in the right-of-way, the City may charge the operator an annual fee as prescribed in Section 4939.0316 of the ORC and as listed on associated application forms which shall be made available by the Engineering Department. The City may adjust this fee ten per cent every five (5) years, rounded to the nearest five dollars.

(i) Liability and Signal Interference.

(1) The City shall not be liable to the operator by reason of inconvenience, annoyance or injury to the small cell facilities, wireless support structures, and related ground or pole-mounted equipment or activities conducted by the operator therefrom, arising from the necessity of repairing any portion of the right-of-way, or from the making of any necessary alteration or improvements, in or to, any portion of the right-of-way, or in, or to, City's fixtures, appurtenances or equipment.

(2) In the event that an operator's small cell facility interferes with the public safety radio system, or the City's or State of Ohio's traffic signal system, then the Operator shall, at its cost, immediately cooperate with the City to either rule out Operator as the interference source or eliminate the interference. Cooperation with the City may include, but shall not be limited to, temporarily switching the transmission equipment on and off for testing.

(j) Requirements for Removal, Replacement, Maintenance, and Repair.

(1) Replacement of Municipal-Owned Wireless Support Structure.

A. The City may require, in response to an application to collocate a small cell facility on a City-owned wireless support structure, the replacement or modification of the wireless support structure at the operator's cost if the City determines that replacement or modification is necessary for compliance with construction and safety standards. Such replacement or modification shall conform to these design guidelines. The City may retain ownership of the replacement or modified wireless support structure.

B. If the City has reserved space for future public safety or transportation uses on the City-owned wireless support structure, the replacement or modification must accommodate the future use.

(2) Removal or Relocation Required for City Project.

A. Operator shall remove and relocate the permitted small cell facility and/or wireless support structure at the operator's sole expense to accommodate construction of a public improvement project by the City.

B. If operator fails to remove or relocate the small cell facility and/or wireless support structure or portion thereof as requested by the City within 120 days of the City's notice, then the City shall be entitled to remove the small cell facility and/or wireless support structure, or portion thereof at operator's sole cost and expense, without further notice to operator.

C. The operator shall, within thirty (30) days following issuance of invoice for the same, reimburse the City for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the small cell facilities and/or wireless support structure, or portion thereof.

(3) Removal Required by City for Safety and Imminent Danger Reasons.

A. The operator shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Small cell facility and/or wireless support structure within the time frame and in the manner required by the City if the City reasonably determines that the disconnection, removal, or relocation of any part of a small cell facility and/or wireless support structure is necessary to protect the public health, safety, welfare, or City property, or operator fails to obtain all applicable licenses, permits, and certifications required by law for its small cell facility and/or wireless support structure.

B. If the Mayor reasonably determines that there is imminent danger to the public, then the City may immediately disconnect, remove, or relocate the applicable small cell facility and/or wireless support structure at the operator's sole cost and expense.

(4) Removal/Abandonment of Facilities.

A. The operator shall remove small cell facilities and/or wireless support structures when such facilities are abandoned regardless of whether or not it receives notice from the City. Unless the City sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of sixty (60) days of the small cell facility and/or wireless support structure being abandoned, or within sixty (60) days of receipt of written notice from the City. When the operator abandons permanent structures in the right-of-way, the operator shall notify the City in writing of such abandonment and shall file with the City the location and description of each small cell facility and/or wireless support structure abandoned. Prior to removal, the operator must make application to the City and receive approval for such removal. The operator must obtain a right-of-way work permit for the removal. The City may require the operator to complete additional remedial measures necessary for public safety and the integrity of the right-of-way.

B. The City may, at its option, allow a wireless support structure to remain in the right-of-way and coordinate with the owner to transfer ownership of such wireless support structure to the City, instead of requiring the owner and/or operator to remove such wireless support structure.

(5) Restoration. The operator shall repair any damage to the right-of-way, any facilities located within the right-of-way, and/or the property of any third party resulting from operator's removal or relocation activities (or any other of the operator's activities hereunder) within ten (10) calendar days following the date of such removal or relocation, at the operator's sole cost and expense. Restoration of the right-of-way and such property must be to substantially the same condition as it was immediately before the date the operator was granted a small cell permit for the applicable location, or did the work at such location (even if the operator did not first obtain a small cell permit). This includes restoration or replacement of any damaged trees, shrubs, or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the City.

(k) Rule-Making Authority. The City Engineer is hereby authorized to promulgate additional rules and regulations, including but not limited to the adoption of forms and application submittal requirements, to carry out the purpose and intent of this section in order to protect the public health, safety and welfare. Such rules, and amendments thereto, shall be consistent with these Codified Ordinances, and shall be subject to the approval of the Safety Service Director.

(l) Effect of Partial Invalidity. The provisions of this section are hereby declared to be severable, and if any section, subsection, or clause of this section is held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such a ruling shall not affect the other parts of this section that can be given effect.

(m) Penalty.

(1) For failure to comply with any provision of this section or the design guidelines, the penalty shall be a civil forfeiture, payable to the City, in the amount of two hundred fifty dollars ($250.00) per day for each day the violation continues.

(2) In addition to the civil forfeiture in division (1), the City may also pursue the remedies of revocation of the small cell permit or specific performance of the violated provision.

(3) The City Engineer may excuse violations of this section for reasons of force majeure.

(4) For purposes of this section, "force majeure" means a strike, acts of God, acts of public enemies, orders of any kind of a government of the United States of America or of the State of Ohio or any of their departments, agencies, or political subdivisions; riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the permittee, but only to the extent the disabled party notifies the other party as soon as practicable regarding such force majeure and then for only so long as and to the extent that, the force majeure prevents compliance or causes non-compliance with the provisions hereof.