Oxford City Zoning Code

CHAPTER 1157

Wireless, Cellular and Small Cell Telecommunication Facilities

1157.01 PURPOSE.

It is the purpose of this chapter to regulate the placement, construction, and modification of Wireless, Cellular and Small Cell Towers and Facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless and cellular telecommunications marketplace in the City of Oxford. Specifically, the purposes of this chapter are:

(a) To accommodate demonstrated need for cellular and wireless communications towers and facilities for the provision of personal wireless services while regulating their location and number in the City;

(b) To direct the location of various types of towers and wireless telecommunications facilities into appropriate areas of the City;

(c) To minimize adverse visual effects of communication towers and support structures through careful site selection, design, landscaping, screening, and innovative camouflaging techniques;

(d) To avoid potential damage to adjacent properties caused by towers and wireless telecommunications facilities by ensuring such structures are soundly located, designed, constructed, and modified; are appropriately maintained; and are fully removed upon any cessation of operation;

(e) To promote and encourage shared use and co-location of towers and antenna support structures as a primary option rather then construction of additional single-use towers;

(f) To encourage the joint use of tall structures and any new or existing communications towers and support structures to reduce the overall number and impact of such structures needed in the future;

(g) To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are compatible with surrounding land uses in design and placement;

(h) To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are designed in harmony with natural settings and in a manner consistent with current and planned development patterns.

(Ord. 3374. Passed 10-18-16.)

1157.02 DEFINITIONS.

For purposes of this Chapter of the Oxford Zoning Code, the following definitions will apply.

(a) "Antenna" shall mean any panel (directional antenna), whip or rod (omni-directional antenna), dish or disc (parabolic antenna), or other similar devices used for communications through the sending and/or receiving of electromagnetic waves. The definition of antenna does not include any support structure other than mounting brackets.

(b) "Cellular Communications Services" means personal communications accessed by means of cellular equipment and services.

(c) "Clear and Convincing Evidence" shall mean the measure of proof that will produce a firm belief as to the allegations sought to be established.

(d) "Co-Location/Site Sharing" shall mean the process of providing space for more than one user on a tower, facility, and/or site.

(e) "Equipment Buildings" means any accessory structure in which the electronic receiving and relay equipment for a wireless and cellular telecommunications facility is housed.

(f) "Height" when referring to a tower or other structure, the distance measured from ground level or the structure's point of attachment (such as the roof for a residential TV antenna) to the highest point on the tower or other structure even if said highest point is an antenna.

(g) "Personal Wireless Service" means commercial mobile services, unlicensed wireless services and common carriers wireless exchange access service, including cellular services.

(h) "Publicly Owned Property" means any real property owned by the City of Oxford, Talawanda School District, Miami University, or Oxford Township.

(i) "Related Equipment" shall mean all equipment ancillary to the transmission and reception of voice and data via electromagnetic waves. Such equipment may include, but is not limited to, cable, conduit, and connectors.

(j) "Tall Structure/Support Structure" shall mean any building or structure, other than a tower, which can be used for location of wireless and cellular telecommunication facilities.

(k) "Tower" shall mean any freestanding structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and alternative tower structures.

(l) "Wireless and Cellular Telecommunication Facilities" means any cables, wires, lines, wave guides, support structures, antennas and any other equipment or facilities associated with the transmission or reception of communications, as authorized by the Federal Communications Commission, which an applicant seeks to locate, or have installed, upon or within a tower or existing structure.

(m) "Small Cell System" means a network of remote antenna nodes that distributes radio frequency signals from a central hub through a high capacity signal transport medium to a specific area. The term includes mini commercial towers, small cells towers, distributed antenna systems, mini cell, or similar systems.

(n) "Small Cell Tower" means any structure under thirty-five (35) feet in height with an antenna or transmitter that is constructed for the sole or primary purpose of supporting any Federal Communication Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services as microwave backhaul, and the associated site. A pole originally installed for the primary purpose of supporting wireless telecommunications equipment, regardless of the timeframe between pole installation and connection/implementation of Transmission Equipment, is considered a Small Cell Tower, and is not a Utility Pole. The term Small Cell Tower includes mini cell towers, distributed antenna system towers, micro cell towers, mini cell, or similar systems.

(o) "Stealth Technology" means the state-of-the art design techniques used to blend objects into the surrounding environment and to minimize visual impact. These design techniques may be applied to wireless communication towers, antennas, and other facilities, which blend the proposed facility into the existing structure of visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include, but are not limited to facilities constructed to resemble light poles, flag poles or other streetscape amenities. The use of additional features such as flags, decorative street lamps and banners or signs may be utilized to blend the proposed facility into the visual backdrop.
(Ord. 3374. Passed 10-18-16.)

1157.03 EXEMPT FACILITIES.

The following wireless and cellular telecommunications facilities are exempt from the regulations included in this chapter, but are governed by other location requirements (see Section 1157.04, Location Criteria for Exempt Facilities) and do not include facilities located or proposed to be located within any Historic District.

(a) A single ground or building mounted, receive-only, radio or television antenna (for satellite dishes-see subsection (d) hereof) including any mast, for the sole use of the resident occupying a residentially zoned parcel on which the radio or television antenna is located. Antennas shall not exceed twenty-five feet (25') in height.

(b) A ground or building mounted citizens band radio antenna including any mast, if the height (post and antenna) does not exceed twenty-five feet.

(c) A ground, building, or tower mounted antenna operated by a federally licensed amateur radio operator as a part of the Amateur Radio Service, subject to the location requirements of this section, unless the applicant for an amateur radio tower/antenna can provide clear and convincing evidence that an alternative location is technically necessary to successfully engage in amateur radio communications.

(d) A ground or building receive-only radio or television satellite earth station (satellite dish) which does not exceed one meter (39.37 inches) in diameter, for the sole use of the resident or establishment occupying the parcel on which the satellite dish is located, regardless of zoning district. The height of said dish may not exceed the height of the ridgeline of the principal structure on said parcel if mounted on a building or thirteen feet in height if anchored upon the ground.

(e) Mobile Services providing public information coverage of a news event of a temporary nature.

(f) Hand held devices including, but not limited to, cell phones, business-band mobile radios, walkie-talkies, cordless phones, and garage door openers (No Permit Required).

(g) Government owned and operated receive and/or transmit telemetry station antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, storm water management, pump stations and/or irrigation systems and similar uses, with heights not exceeding thirty-five feet.

If any provision of the above listed facilities subsections (a) to (g) hereof is exceeded, the telecommunication facility will no longer be deemed exempt from the provisions of the chapter and will become subject to all requirements as listed herein. Exemption from the requirements of this chapter does not exempt the above listed facilities from the requirements of any other applicable Codes or portions of Codes. A Building and Zoning permit is required for all facilities which are not noted as 'No Permit Required.
(Ord. 3374. Passed 10-18-16.)

1157.04 LOCATION CRITERIA FOR EXEMPT FACILITIES.

(a) Satellite earth stations (satellite dishes) and other antennas may not be located in front of the principal structure on a lot.

(b) Satellite earth stations (satellite dishes) and other antennas are prohibited within the required side yard setbacks of the particular Zoning District.

(c) Satellite earth stations (satellite dishes) and other antennas may project into a required rear yard a maximum of ten feet.

(Ord. 3374. Passed 10-18-16.)

1157.05 APPLICATION REQUIREMENTS FOR EXEMPT FACILITIES.

A Building and Zoning Application shall constitute an application for an exempt facility. There shall be no additional fee associated with the application based on the requirements of this chapter.

(Ord. 3374. Passed 10-18-16.)

1157.06 APPLICATION REQUIREMENTS FOR ALL WIRELESS AND CELLULAR TELECOMMUNICATION FACILITIES THAT ARE NOT CONSIDERED EXEMPT.

(a) Pre-Application Requirement. Any person or company intending to apply for the placement or operation of new cellular or wireless communication towers or facilities within the City of Oxford shall first schedule a pre-application conference with the Community Development Department. The purpose of the pre-application conference will be to evaluate the general impact on adjacent areas and neighborhoods; discuss co-location opportunities; identify suitable sites that minimize any negative impact on the surrounding areas; and review procedural requirements. Upon completion of the pre-application conference, an application may be filed with the Community Development Department. The applicant must then comply with the requirements of this chapter.

Other requirements include a plan showing:

(b) Existing Facilities. A location map of all existing facilities within the City and outside the City limits within a 1/4-mile radius. The following information must be provided for each existing facility.

(1) Owner, type, and size of the tower and facilities at each location.

(2) The type, dimensions, and location of related equipment and/or any equipment buildings located at each site.

(3) The ground network and associated landlines utilized by each tower.

(4) Any space available for co-location opportunities.

(5) A site plan showing the parcel on which any existing tower is located.

(6) Any existing vegetation, trees, landscaping, or other significant features on the site.

(d) Proposed Facilities. A parcel specific site plan of all locations for proposed towers and facilities. Provide the following information for each proposed facility.

(1) Owner, type, and size of the tower and facilities at each location.

(2) The type of related equipment and/or any equipment buildings located or proposed for each tower.

(3) The type, size, and location of any support structure to be used by the tower for which the application is being submitted.

(4) The ground network and associated landlines, if any, utilized by each site.

(5) A detailed drawing showing type, size, and placement of all required or proposed screening elements including, but not limited to, landscaping and fencing.

(6) Space available for future cells or co-location opportunities.

(7) Access and parking facilities for each location.

(e) Photo simulations of the proposed wireless and cellular telecommunication facility are required and should be taken from affected residential properties, rights-of-way, and at any other locations as designated by the City.

(f) Technical Necessity. The applicant shall demonstrate that the telecommunication facility must be located where it is proposed in order to provide adequate coverage to the applicant's service area. There shall be an explanation of why the facility and the proposed site is technically necessary which shall be attested to by an Engineer. A plan sheet (to scale) must be submitted showing the proposed service area around the facility.

(g) Where the wireless, and cellular telecommunication facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property supports the application and vehicular access is provided to the facility.

(h) Proof of Approval. Written proof that the telecommunications proposal has been approved by all agencies and governmental entities with jurisdiction, including, but not limited to, the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), including successors to their respective functions.

(i) A three hundred dollar ($300.00) application fee will be charged for each new cellular or wireless communication tower or facility, in addition to standard Conditional Use Permit Application fee as determined by the City Council. This fee shall be in addition to any applicable building permit fee.

(j) Copies of all certified mail announcements to all other owners of towers and tall structures must be attached to the application. (See Section 1157.09, Co-Location Requirements herein).

(Ord. 3374. Passed 10-18-16.)

1157.07 REGISTRATION REQUIREMENTS.

(a) Registration is required by all telecommunication tower owners, carriers, and providers that offer or provide any telecommunication services for a fee directly to the public from wireless and cellular telecommunication facilities within the City of Oxford. Registration must be renewed on a biannual basis from the date of issuance of a Building and Zoning Permit. The registration forms to be provided to the City are available from the Community Development Department. A fee of one hundred dollars ($100.00) shall be charged for each registration.

(b) It is the purpose of registration under this section to:

(1) Provide the City with accurate and current information concerning the telecommunications owners and service providers who offer or provide telecommunication carriers within the City or that own or operate telecommunication facilities within the City.

(2) Assist the City in the enforcement of this Chapter.

(3) Assist the City in monitoring compliance with local, State, and Federal laws.

(1) A description of the telecommunications services that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses, or institutions within the City.

(2) Information sufficient to determine that the applicant has applied for and received any construction permit, operating license, or other approvals required by the Federal Communications Commission (FCC) to provide telecommunication services or facilities within the City.

(3) For any telecommunication facilities that are co-located: provide information as to the names of other service providers located on the tower, and the expiration date of the lease for co-location.

(4) Signed Indemnification/Liability Agreement and/or Facility Maintenance/Removal Agreement.

(d) Amendments. Each telecommunications registrant (owner/service provider) shall inform the City, within sixty days, of any change of the information required on the registration form. With regard to a telecommunications tower, the owner of the tower shall be responsible for notifying the City of any changes in ownership or operation of the tower itself. Any service providers that co-locate on a tower are responsible for notifying the City when its lease expires and when it no longer actually co-locates on the tower.

(Ord. 3374. Passed 10-18-16.)

1157.08 GENERAL REQUIREMENTS.

The following requirements apply to all proposed wireless and cellular telecommunication facilities.

(a) Co-location. All wireless, cellular and small cell telecommunications facilities shall be subject to the co-location requirements set forth in Section 1157.09.

(b) Capacity. All new telecommunications towers constructed shall be designed to have three or more times the capacity of the intended use in order that secondary users could lease the balance of the tower capacity. Subsequent telecommunications service providers cannot be denied space on a tower unless mechanical, structural or regulatory factors prevent co-location or the co-location regulations of Section 1157.09 have been fulfilled.

(c) Liability. The wireless, cellular and small cell telecommunications facility owner/service provider shall be liable for any and all damages, injury to persons or property, or pollution which may result from the construction or operation of the facility within the City. The owner/service provider will hold harmless the City of Oxford, or any of its boards, commissions, agents, officers and employees against all claims, demands, suits, causes of action and judgment due to any damages caused by the operation or construction of the wireless and cellular telecommunications facilities.

(d) Maintenance. Neither the owner(s) of the property on which the wireless cellular and small cell telecommunication facilities are located, nor the service provider in charge of the facility shall permit such property/facilities to fall into a state of disrepair. The telecommunications tower/facilities owner/operator is responsible for maintaining the appearance of all structures and equipment in good condition and for keeping all surfaces absent of flaking or peeling paint and rust. In addition, it shall be the responsibility of the owner/service provider to ensure that the site on which the telecommunications facility is located is kept free of weeds and trash.

(e) Inspection. The applicant shall submit a certified inspection report at least once every five years to ensure the continuing structural integrity of the tower and accessory structures. If the report recommends that repairs are required, then a letter shall be submitted to the City to verify that such repairs have been completed.

(f) Construction Standards. All wireless, cellular and small cell telecommunication facilities and support structures shall be certified, by a qualified Engineer licensed in the State of Ohio, to be structurally sound and, at a minimum, to be in conformance with the Ohio Building Code and all other applicable Codes enforced by the City of Oxford.

(g) Color and Appearance Standards. All wireless, cellular and small cell telecommunication facilities shall be painted a non-contrasting blue-gray or similar color minimizing its visibility at that location to the greatest extent possible, unless otherwise required by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and/or by the standards imposed under any design standards section of this Chapter.

(h) Aesthetics and Design Standards. The wireless, cellular and small cell telecommunications facility must be aesthetically and architecturally compatible with the surrounding environment. Through the Conditional Use process, the City Council may require all facilities to blend into the existing environment, including requiring the use of camouflaging or stealth techniques.

(i) Signage. No advertisement of any kind shall be permitted anywhere upon or attached to a wireless cellular, telecommunications facility. No more than four 'No Trespassing' signs will be permitted, with a maximum of two (2) square feet each. At a minimum there must be at least one sign posted, with a maximum of two (2) square feet, showing a 24-hour telephone number of whom to contract in the event of an emergency. No signage of any kind shall be permitted on any small cell tower, except the 24-hour telephone number of whom to contact in the event of an emergency or other signage as required by relevant state or federal regulations.

(j) Light. Lights, beacons, or strobes of any kind shall not be permitted on any tower antenna or associated equipment unless required by the Federal Aviation Administration. When the FAA requires lighting, the requirements thereof must be presented to the City prior to City approval of the facility. Lighting, when required, shall be oriented so as not to project any beam of light towards surrounding property. Furthermore, telecommunication towers are discouraged from locating in areas that would require special painting or lighting by FAA regulations.

(k) Abandonment. All wireless, cellular and small cell telecommunication facilities shall be subject to the abandonment requirements set forth in Section 1157.12, Removal of Wireless, Cellular and Small Cell Tower Telecommunications Facilities.

(l) Fencing and Screening. Wireless, and cellular telecommunication and towers and associated facilities shall be enclosed by security fencing and shall be appropriately screened through required landscaping/plantings. All telecommunications towers and equipment shall be enclosed with a minimum six-foot height solid and opaque fence, and/or open (chain-link) type fence. Screening shall be required around the security fencing and shall consist of a continuous evergreen hedge at least forty-eight inches high at planting and capable of growing to at least sixty inches within 24 months. All screening shall be located behind the specified setback lines. No barbed wire or razor wire shall be permitted. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible. The applicant is responsible to install and maintain such security fencing and screening in good condition.
(Ord. 3374. Passed 10-18-16.)

1157.09 CO-LOCATION REQUIREMENTS.

(a) Co-Location Design Required. No new tower shall be constructed in the City unless such tower is capable of accommodating at least three additional wireless telecommunications facilities owned by another person, firm, or corporation.

(b) Authorization. Authorization for a tower shall be issued only if there is not technically suitable space available on or inside an existing tower or structure within the geographic area to be served. As noted in the permit application section of this Chapter, the applicant shall list the location of every tower, building, or structure within the city limits that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not available on or inside an existing tower, building, or structure within such area. If another communication tower owned by another party within such area is technically suitable, the applicant must show that a reasonable offer was made to the owner of such tower to co-locate, subject to the notice provisions enumerated in subsection (c) hereof.

(c) Notices. The applicant must send a certified mail announcement to all other owners of existing towers and tall structure owners in the geographical area to be served stating their site needs and/or sharing capabilities. In determining whether a facility is technically suitable, the City shall consider the space available on an existing structure, the technological practicality of the co-location, the financial feasibility of the co-location, and such other factors as the City deems appropriate. If proof of co-location offers cannot be determined, then other towers, structures, or buildings are presumed to be reasonably available.

(d) Exemption from Proof of Co-Location Availability. Persons locating a wireless , cellular and small cell telecommunication facility upon a publicly-owned property shall be exempted from the requirements herein regarding presentation of proof that co-location is not available. Co-location design is still required of these applicants as enumerated in this section.

(Ord. 3374. Passed 10-18-16.)

1157.10 ZONING DISTRICTS AND LOCATIONS WHERE WIRELESS, CELLULAR TELECOMMUNICATIONS TOWERS AND FACILITIES ARE PERMITTED.

(a) Facilities Located Inside Existing Structures. Wireless, Cellular and Small Cell Telecommunication Facilities are permitted inside existing structures subject to all relevant sections of this Chapter including the relevant design standards and as follows:

(1) Any Commercial Zone

(2) Any Industrial Zone

(3) Inside Non-Residential Structures in any zoning district.

Design Standards: These facilities may be Administratively Approved if in compliance with all relevant code sections. Any and all equipment, support structure, antenna, or other portion of the facility must be located completely inside of an existing structure. In addition, the installation and future operation of the site must not remove, alter, destroy, or change in any way, including existing exterior material(s), the outside appearance of the structure. If these criteria are not fully satisfied, the facility shall be deemed to be a wireless, cellular telecommunication facility located on an existing structure and must comply with the appropriate locations and design regulations.

(b) Facilities Located on Existing Towers. Wireless, Cellular Telecommunication Facilities are permitted on existing towers subject to all relevant sections of this Chapter including the relevant design standards and as follows:

(1) Any zoning district where a tower already exists. This is not to be interpreted as allowing the expansion or extension of a tower in height or width. Any expansion of that nature must follow all regulations related to new towers.

These facilities may be Administratively Approved if in compliance with all relevant code sections.

(c) Facilities Located on Existing Structures. Conditional Uses. Wireless, Cellular Telecommunication Facilities are permitted as Conditional Uses on existing structures subject to all relevant sections of this Chapter including the relevant design standards and as follows:

(l) Any Commercial Zone

(2) Any Industrial District

(3) On Non-Residential Structures in any zoning district.

(4) On publicly owned property defined in this Chapter as any real property owned by the City of Oxford, Talawanda School District, Miami University, or Oxford Township.

These facilities may only be approved through the Conditional Use process as set forth in Chapter 1147 of the Oxford Zoning Code and are subject to all other relevant code sections contained in this Chapter.

Conditional Use Application Consideration:

(1) Setback Requirements. If located on a building, such facilities must be setback from the edge of the building a distance equal to the height of the proposed facility. Flush-mounted panel antennae are exempt from the setback requirement in this subsection.

(2) Height Limits. The maximum height shall not exceed the lesser of the following:

A. Twenty-five feet

B. Twenty-five percent (25%) of the height of the structure on which the facility is to be located.

(3) Support Structure. The outside storage of equipment, if not located inside the structure on which the tower, antenna, or equipment is located, shall be screened by a minimum six foot high solid fence or barriers and continuous evergreen hedge or trees of a size deemed appropriate by the City Council. The screening shall be maintained in good condition. Any solid fence or barrier shall contain no advertising, but may contain one, small identification sign not to exceed one square foot in size. The applicant is responsible for ensuring that the Telecommunication Facility is kept free of weeds and trash.

(d) New Towers - Conditional Uses. Wireless, Cellular Telecommunication Facilities are permitted as Conditional Uses on new towers subject to all relevant sections of this Chapter including the relevant design standards and as follows:

(1) Any Industrial District - M-1 District.

(2) On publicly owned property defined in this Chapter as any real property owned by the City of Oxford, Talawanda School District, Miami University, or Oxford Township and as designated on the approved publicly owned property for wireless and cellular telecommunications map. The designated map shall be completed and subsequently updated as given in Section 1157.10.

These facilities may only be approved through the Conditional Use process as set forth in Chapter 1147 of the Oxford Zoning Code and subject to all other relevant code sections contained in this Chapter. Applicants for new towers must demonstrate that there is not technically suitable space available on or inside an existing tower or structure within the geographic area to be served. As noted in the permit application section of this Chapter, the applicant shall list the location of every tower, building, or structure within the city limits that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not available on or inside an existing tower, building, or structure within such area.

A. Design Standards

1. Accessory Structures. Freestanding towers are considered Accessory Structures and, therefore, may be located on the same lot as a principal structure, subject to all other provisions contained within this chapter. In order to encourage co-location there is no limit as to the number of free-standing towers which may be considered accessory structures on a particular lot subject to all other provisions of this chapter and approved by City Council.

2. Minimum Setback From All Property Line. No tower shall be located a distance less than its height from the nearest property line.

3. Minimum Setback From Any Residential Structure. No tower shall be located less than 500 feet from any residential structure.

4. Height Limits. The applicant must show that the proposed height of the tower is reasonably necessary in order to render satisfactory service to all parts of the service area and to accommodate co-location. No tower shall be taller than 200 feet.

5. Support Structures. The maximum size of any building, such as those used to shelter equipment, shall not exceed 400 square feet per user of the telecommunications facility. In addition, all accessory buildings shall meet minimum setback and yard requirements for principal structures in the appropriate district regulations.

6. Parking. Equipment at a wireless and cellular telecommunication facility shall be automated to the greatest extent possible to reduce traffic and congestion. Existing roads shall be used for access where possible, and be upgraded to the minimum amount necessary to meet standards specified by the City Engineering Department. Existing parking areas shall, wherever possible, be used. Appropriate parking must be provided for shared usage.

B. Design Standards for facilities on public owner properties

1. General. The City of Oxford and other owners of publicly owned property as defined in this code may lease publicly owned property for wireless and cellular telecommunications facilities. Publicly owned structures may include, but are not limited to, the following: public safety telecommunications towers, water towers, the roofs of governmental buildings or schools, and similar locations.

2. Existing Structures. Facilities attached to an existing structure are subject to the requirements and design standards as set forth in this Chapter.

3. Tower Structures. Requirements and design standards for wireless and cellular telecommunication facilities and towers are subject to the requirements and design standards as set forth in the this Chapter.

(Ord. 3374. Passed 10-18-16.)

1157.11 SMALL CELL TOWER LOCATION AND DESIGN REGULATIONS.

Any new Small Cell System shall be located in the public Right-of-Way. The applicant shall contact the Service Director for information on obtaining the permit to install a new Small Cell Tower. Any other locations in any zoning district shall require a Conditional Use Permit and shall follow the design standards outlined in 1157.10 .

(Ord. 3374. Passed 10-18-16.)

1157.12 REMOVAL OF WIRELESS, CELLULAR AND SMALL CELL ANTENNA TELECOMMUNICATIONS FACILITIES.

(a) Removal Period. All service providers utilizing towers or existing structures shall present a report to the Planning Department, notifying the City of any tower facilities or facilities on or in existing structures located in the City if the use will be discontinued and the date this use will cease. It shall be the responsibility of the property owner and/or service provider to remove the tower, antennas, buildings, and any associated equipment within three months of discontinuing telecommunications operations. The site and/or structure shall then be returned to its condition prior to the construction of the telecommunications towers/facilities.

(b) Declaration of Abandonment. If at any time the use of said towers and facilities of wireless and cellular telecommunications has ceased for three months, but has not been removed by the owner/service provider during that time, the City may declare said facilities abandoned and a public nuisance (this excludes the dormancy period between construction and the initial use of the facility). The facility's owner/service provider will receive written notice from the City, and be instructed to either reactivate the facility within thirty days or dismantle and remove the facility.

(c) Demolition. If reactivating or dismantling of said facility does not occur within the thirty-day reactivating/removal period, the City Manager may order the demolition of the tower and related facilities. The City may employ any legal measures, including, if necessary, obtaining authorization from a court of competent jurisdiction to remove the tower and facilities and after removal place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposing of the facilities, including court costs and reasonable attorney fees.

(Ord. 3374. Passed 10-18-16.)

1157.13 APPEALS.

Applicants may appeal the decision of the Zoning Administrator to the Board of Zoning Appeals.