The purpose of this chapter is to protect the health, safety and welfare of the public while not unreasonably interfering with the development of the competitive wireless telecommunication marketplace through the establishment of requirements for the installation of wireless communication facilities.

(Ord. 2014-27. Passed 8-5-14.)

   The following are the City's objectives:

   (a)   To comply with the Telecommunications Act of 1996, including any follow-on rules and/or rule interpretation by the appropriate State and Federal agencies and the courts.

   (b)   To work pro-actively with the various wireless telecommunications service providers to ensure rapid and reliable deployment of their services and technologies while minimizing the negative impacts on the City.

   (c)   Protect residential areas and land uses from potential adverse impacts of towers and antennas.

   (d)   Encourage the location of towers in non-residential areas.

   (e)   Minimize the total number of towers throughout the community.

   (f)   Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single use towers.

   (g)   Encourage the owners and operators of wireless towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

   (h)   Encourage owners and operators of wireless communications facilities and antennas to configure them in a way that minimizes the adverse impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques to be sure that, to the greatest extent feasible, wireless towers and antennas and ancillary facilities are compatible with surrounding land users.

   (i)   Consider the public health and safety of wireless communications facilities.

   (j)   Avoid potential damage to adjacent properties caused by wireless communications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed.

   (k)   To make available appropriate City owned property and structures for wireless communications facilities.

(Ord. 2014-27. Passed 8-5-14.)

   For purposes of the chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

   (a)   "Antenna" means any exterior apparatus used for transmitting and receiving, mounted on a tower, alternative tower structure, building or structure, and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

   (b)   "Antenna tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, antenna tower alternative structures, and the like. The term also includes the structure and any support thereto.

   (c)   "Antenna tower alternative structure" means man made trees, clock towers, bell steeples, and similar alternative-design mounting structures that substantially camouflage or conceal the presence of antennas or towers such that one would not identify the structure as an antenna tower.

   (d)   "Antenna tower height" means, when referring to a tower or other structure within the provisions of this chapter, the distance measured from the average grade plane of the antenna tower base to the highest point on the tower or other structure, including any antenna and additional height required for co-location. Lightning rods up to six feet in length and 1.25 inches in diameter may extend above the maximum height measured. When roof-mounted, antenna tower height shall be measured from the average grade plane of the building to the highest point on the tower or other structure, including any antenna and additional height required for co-location.

   (e)   "Average grade plane" means a reference plane representing the average of finished ground level adjoining the structure or building at all exterior surfaces.

   (f)   "Backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

   (g)   "Co-location" means the use of wireless communications facilities by more than one wireless communications provider.

   (h)   "Conditional use" means a use, although often desirable, which will more intensely affect the surrounding area in which such facility is located than is permitted in such zoning district. A conditional use may be permitted through a permit by the Planning and Zoning Commission after a public hearing.

   (i)   "Engineer" means a registered professional engineer licensed in the State of Ohio to provide any information of an engineering nature, whether civil, electrical or mechanical.

   (j)   "FAA" means the Federal Aviation Administration.

   (k)   "FCC" means the Federal Communications Commission.

   (l)   "Facility" see "wireless communications facility".

   (m)   "Force majeure" means a strike, acts of God, acts of public enemies; administrative, judicial or regulatory orders or regulations of any kind of the United States of America and/or 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 disabled party, but only to the extent that the disabled party notifies the other party as soon as practicable regarding such force majeure.

   (n)   "Monopole" means a single pole with no above-ground lateral support from secondary structural members in either tension or compression.

   (o)   "No-impact wireless communications facility" means a facility which is either:

      (1)   Virtually invisible to the casual observer, such as an antenna behind louvers on a budding, or inside a steeple or similar structure, or

      (2)   Camouflaged so as to blend in with its surroundings to such an extent that it is indistinguishable by the casual observer from the structure on which it is placed or the surroundings in which it is located, such as a flagpole serving as an antenna.

   (p)   "Personal communications services tower" see "wireless communications facility".

   (q)   "Pre-existing towers and pre-existing antenna" means any tower or antenna for which a building permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.

   (r)   "Public property" means real estate owned, leased, or otherwise controlled by the City or the School District.

   (s)   "Stealth design" means any communications facility which is designed to blend into the surrounding environment. Examples of stealth facilities may include, but are not limited to, antenna tower alternative structures, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural cements, antennas and monopoles surrounded or obscured by existing and/or proposed trees and landscaping and antenna structures designed to look like light poles.

   (t)   "Tower" see "antenna tower/wireless communications facility".

   (u)   "Wireless communications facility" is an all encompassing term that includes towers, poles, cables, wires, lines, wave guides, antennas, microwave dishes and/or any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or have installed upon a tower or antenna support structure. However, the term wireless telecommunications facility shall not include:

      (1)   Any satellite earth station antenna two meters or less in diameter or less that is located in an area zoned industrial or commercial;

      (2)   Any satellite earth station antenna one meter or less in diameter that is designed to receive direct broadband satellite service, including direct to home satellite services or to receive or transmit fixed wireless signals via satellite regardless of zoning category;

      (3)   Antennas that are one meter or less in diameter or diagonal measurement and is designed to receive video programming service via broadband video services (wireless cable) or to receive or to receive or transmit fixed wireless signals other than via satellite;

      (4)   Any antenna that is designed to receive local television broadcast signals and does not use a mast higher than twelve feet above a roofline;

      (5)   Antennas used by amateur radio operators; and

      (6)   Towers, structures, antennas, or other equipment used for the purposes of operating a public-safety voice or data radio network or an outdoor early warning system within the City limits. This includes directional and omni-directional antenna equipment, as well as microwave and point to point equipment.

(Ord. 2014-27. Passed 8-5-14.)

   All towers, antenna support structures and wireless communications facilities, any portion of which is located within the City, are subject to this chapter. The provisions of this chapter are to be supplemented by specific regulations for the zoning districts in which such towers, support structures and wireless communications facilities are located. Except as provided in this chapter, any use being made of a pre-existing tower or antenna support structure on the effective date of this chapter (herein referred to as "nonconforming structures") shall be allowed to continue, even if in conflict with this chapter. All re-construction or modifications to a nonconforming structure being undertaken shall be required to conform with the provisions of this chapter.

   (a)   New Towers and Antennas. All new tower and antenna sites and facilities within the City of Pickerington shall be subject to these regulations.

   (b)   Pre-Existing Towers or Antennas. Pre-existing towers or pre-existing antennas shall not be required to meet the requirements of this chapter other than the requirements of Sections 1294.16, 1294.17, and 1294.08(k), (1), and (m). No additions, alterations or modifications shall be made to any pre-existing wireless communication towers or antennas facilities that do not comply with this chapter without Planning and Zoning Commission review and approval except for repairs and routine maintenance.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Wireless communications facilities shall be subject to administrative approval or conditional use approval in a variety of zoning districts,

   (b)   The following table summarizes the City's zoning districts and approval procedures.

 

 

1 Co-location on existing antenna support structures or towers.

2 The goal of alternative tower structures is to camouflage the tower/antenna installation.

3 If the City Manager or designee determines that this essential criterion has not been met, a certificate of zoning plan approval shall be denied. The applicant shall be entitled to pursue approval through the conditional use procedures.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Administrative approvals may be approved by the City Manager or the City Manager's designee after an administrative review has been conducted.

   (b)   The following criteria shall be satisfied prior to administrative approval:

      (1)   Antenna locating on existing building or other antenna structure. Any antenna intended to be attached to a structure other than a tower may be approved as an accessory use to any commercial, industrial, professional, office, institutional, or similar structure, provided:

         A.   The antenna is designed to be unobtrusive; and

         B.   The antenna does not extend more than twenty feet above the highest point of the supporting structure;

      (2)   Co-located antennas on existing or reconstructed towers. The color and overall design of the antenna shall be consistent with the existing tower and be unobtrusive.

   (c)   Alternative tower structure.

      (1)   Private property. The City Manager or the City Manager's designee may approve the location of an alternative tower structure provided the site meets the purpose, objectives and applicable requirements of this chapter.

      (2)   Public property. Approval of the City Manager is required for structures to be located on public property.

      (3)   The objective of administrative approvals for alternative structures is to encourage ingenuity and the use of innovative methods to camouflage these facilities. If the application is denied by the City Manager or the City Manager's designee following a finding that the proposed facilities have not been reasonably disguised or camouflaged, the applicant may file an application for review as a conditional use.

(Ord. 2014-27. Passed 8-5-14.)

   Planning and Zoning Commission Review. A wireless communications facility shall not be constructed or erected except upon a permit issued by the City after approval by the Planning and Zoning Commission. The Planning and Zoning Commission shall conduct a public hearing with advance notice of the hearing published in a newspaper of general circulation in the City and the applicant shall notify by certified mail all property owners within a distance equal to four times the proposed tower height, rounded to the nearest ten foot increment, from any part of the subject property on which the tower is to be located. A dimension of five feet shall be rounded up to the next ten foot increment. The foregoing requirement of public notice and hearing may be waived by the Planning and Zoning Commission for the construction of a new antenna on an existing structure which application does not require the construction of a new tower or associated facilities.

   (a)   In granting conditional use approval, the Planning and Zoning Commission may impose conditions to the extent the Planning and Zoning Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower or antenna on adjoining properties.

   (b)   Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by an Ohio licensed professional engineer.

   (c)   An applicant for a conditional use shall submit the information described in this section and a non-refundable fee as established in the fee schedule to reimburse the City for the costs of reviewing and providing legal notice for the application tried.

(Ord. 2014-27. Passed 8-5-14.)

   Permit applicants for conditionally permitted wireless communications facilities shall submit the following information:

   (a)   Survey of Existing Conditions. A survey for the property to be leased to or otherwise under the control of the provider shall be prepared by a surveyor licensed to practice in the State of Ohio. This survey shall indicate all observable physical features on the site and on property abutting the site, ownership of the property and of all property abutting the site, underground and overhead utilities, easements, deed restrictions, property line bearings and distances. Topography at two foot intervals shall be shown for the entire property or within at least a 150 foot radius of the tower, whichever is less. Spot elevations may be used when contour intervals are impractical.

   (b)   Legal Description. Legal description of the parent tract and leased parcel if applicable.

   (c)   Site Development Proposal. A scaled site plan and specifications of no less than one inch equals 100 feet shall be submitted clearly indicating the location of all new and existing underground and overhead facilities. The plan shall indicate all land uses and buildings that are within 200 feet of the proposed facility. This shall include, but not be limited to, the proposed tower, antenna and associated buildings, uses and structures on the same and adjacent properties, underground and overhead utilities, and exterior lighting. Adjacent roadways, proposed means of access, parking and other information deemed necessary by the Planning and Zoning Commission for a review of the application shall also be shown. Setback dimensions shall show the distance between each property line and the closest point on the perimeter of the tower structure, excluding guy wires and other similar miscellaneous stabilizers whose collapse would not endanger surrounding property.

   (d)   Grading and Landscaping Plan. A proposed site grading and landscape plan showing specific landscape materials and species proposed. Land contours shall be shown at two foot intervals and the surface drainage concept shall be indicated for the entire property, or within at least a 150 foot radius of the tower, whichever is less. Spot elevations may be substituted where contour elevations are impractical. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment.

   (e)   Antennas and Towers. Plans, elevation drawings and material specifications for all proposed antenna towers and antennas.

   (f)   Buildings. Building plans, elevation drawings and material specifications for all proposed buildings, structures, fences, walls and gates.

   (g)   Fence Plan.

      (1)   Shall include a plan and elevations drawn to scale together with a material specification for all security enclosures. Use of barb wire is permitted if compatible with the applicable zoning requirements and surrounding land uses where the wireless telecommunications facility is to be located. Use of razor wire as part of any fencing is prohibited. The City and co-locators shall have reasonable access. No fence shall be required on the top of a building or other structure if access to the roof or top of said structure is secure.

      (2)   The City reserves the right to require specific fencing in any visually sensitive areas.

   (h)   Certification of Compliance. A written certification from the owner or operator of the wireless telecommunications facility that said facility is in compliance with an applicable Federal, State, County and local laws, including FCC regulations for non-ionizing electromagnetic radiation (NIER).

   (i)   Co-Location Statement. A notarized statement by a registered professional engineer hired by the applicant that verifies that construction of the tower will accommodate co-location of additional antennas for future use and also states the ultimate height needed for the co-location capacity required.

   (j)   Lease Agreement. For all facilities to be located on City-owned or any public property, a copy of the proposed antenna tower site lease agreement, including all easements and access rights.

   (k)   Inventory.

      (1)   List of applicant locations. Each applicant for an antenna and/or tower shall provide to the Planning and Zoning Commission an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are within the jurisdiction of the City of Pickerington or within three miles of the border thereof, including specific information about the location, height, and design of each tower.

      (2)   Specification of backhaul providers. Identification of the entities providing the backhaul network for the tower(s) or antenna(s) described in the application and other telecommunication wireless sites owned or operated by the applicant within the City.

   (l)   Justification. A description of the suitability of the use of existing towers, other structural or technology not requiring the use of the proposed new tower. New towers shall be approved only when other preferable alternatives are not available. The applicant must demonstrate to the reasonable satisfaction of the Development Services Director that no existing tower, structure or other alternative is available to fulfill the communication requirements. Such evidence may include, but not be limited to, the following:

      (1)   Existing facilities not available. A demonstration that a technically suitable location is not reasonably available on an existing tower, building or structure;

      (2)   Existing towers or structures do not have sufficient height to meet applicant's engineering requirements, or have insufficient structural strength to support applicant's proposed antenna and related equipment;

      (3)   The applicant's proposed antenna would cause frequency interference with the antenna on the existing tower or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;

      (4)   The fees, costs, or contractual provisions required by the owner of the existing structure in order to share the existing tower or structure are unreasonable. Costs exceeding new tower development are presumed to be unreasonable; or

      (5)   If another tower is technically suitable the applicant must show that the applicant has made a written offer to allow the owner to co-locate an antenna on another tower within the City owned by the applicant on reciprocal terms and the offer was not accepted.

   (m)   Radio Frequency (RF) Engineer Testimony. Testimony shall be made by a radio frequency engineer at all required public hearings and he or she shall attest to the engineering need for the tower height regulated.

(Ord. 2014-27. Passed 8-5-14.)

   For the protection of the public health, welfare and safety, all principally and conditionally permitted wireless communications facilities shall meet or exceed the following standards.

   (a)   Co-Location. As a condition of issuing a permit to construct and operate a tower in the City, the owner/operator of the tower is required to allow co-location until said tower has reached full antenna capacity, but in no event shall the tower be able to accommodate fewer than one additional antenna for one additional provider. Antenna towers are not permitted to be built to a height which exceeds the applicant's service need as substantiated by the testimony of a radio frequency engineer. If the tower must be extended in the future to accommodate co-location, the initial tower foundation must be designed to support this co-location capacity, and the tower must be designed to accommodate this extension capability. The antenna tower setback defined in subsection (c) hereof must be based on the ultimate co-location tower height planned. This ultimate height must be specified on the drawings submitted. Tower height shall not be extended until co-locators are installed. Agreement to this provision must be included in the lease by the landowner, if different from the owner/operator of the wireless tower or antenna. Written documentation must be presented to the Planning and Zoning Commission evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this section as well as the requirements, regulations and standards established in this chapter. As an additional condition of issuing the permit to construct and operate the wireless tower or antenna in the City, the owner/operator of the tower is required to sign a statement that all disputes with future providers concerning co-location and the terms and conditions of co-location shall be submitted to commercial arbitration under a system selected by the parties, but if the parties are unable to agree, then under the auspices of the Commercial Arbitration Provisions of the American Arbitration Association.

   (b)   Separation. There shall be a separation of at least one quarter mile between new antenna towers. The Planning and Zoning Commission may waive this requirement for the purposes of clustering of towers and placement of towers on electric high tension towers or if the tower being considered for co-location is not capable of supporting additional antennas.

   (c)   Setbacks and Lot Area.

      (1)   Wireless communications facilities shall meet the minimum yard setback requirements as set forth in this Zoning Code for the zoning district in which the antenna and/or tower is proposed to be located. The lot on which the facility is located shall meet all lot area requirements for that zoning district. All new antenna towers shall provide the minimum setback defined by this chapter. Setback distances shall be measured from the property line on which the wireless communications facility is located to the closest point on the perimeter of the antenna tower, excluding guy wires and other similar miscellaneous stabilizers.

      (2)   Exceptions to antenna tower height and setback requirements:

         A.   New and replacement antennas located on or attached to any existing or new municipal water tower(s) located within the City of Pickerington; and

         B.   New antenna attached to the existing tower and a replacement tower up to 150 feet in height.

   (d)   Antenna Tower Design. All new and replacement wireless towers or antennas in the City shall be an approved design. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and its supporting equipment as unobtrusive as possible as determined by the City.

   (e)   Materials. Towers shall maintain a galvanized steel finish, noncontrasting gay or similar color that will minimize its visibility. The City reserves the right to require that these towers be painted a color so as to reduce visual obtrusiveness. If required by the FAA, towers may be painted pursuant to FAA or ODOT requirements.

   (f)   Service Equipment. The Development Services Director may require that all cable, conduit, piping, equipment and miscellaneous devices serving wireless telecommunication facilities shall be either buried or concealed within the structures involved if the aesthetics of the surrounding area dictate, except when otherwise required by the Ohio Building Code and the National Electrical Code. Towers located in commercial, industrial or manufacturing areas shall meet the requirements of the zoning district in which they are located.

   (g)   Accessory Structures. All principal structures, accessory structures, buildings, shelters and equipment enclosures, together with supporting development, including, but not limited to, fence enclosures, driveways, gates and miscellaneous pavement serving and supporting the operation of the antenna tower(s) and antenna(s), shall meet the following requirements:

      (1)   Compatibility. All development, including, but not limited to, buildings, shelters, enclosures, driveways, gates and miscellaneous pavement located in other zones shall meet the zoning standards of the underlying zone. Buildings, shelters, enclosures, driveways, gates and miscellaneous pavement located in other zones shall meet the zoning standards of the underlying zone and shall be aesthetically and architecturally compatible with the surrounding environment, as approved by the Planning and Zoning Commission.

      (2)   Development Services Director authority. When the antenna and antenna tower are a conditional use the Development Services Director shall review and approve the final design of all accessory buildings, shelters and enclosures for compliance with this chapter prior to the issuance of a permit. The Development Services Director may require additional plans, design modifications, and material specification changes and impose conditions of approval as are felt to be necessary to ensure building and/or shelter compatibility with the surrounding area.

   (h)   Storage. Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited.

   (i)   Fences. Screen fencing shall be provided for aesthetic and public safety reasons when the wireless communication facility, tower or antenna is ground based. All impact facilities are subject to this requirement. A fence six feet in height will be erected completely around the communication tower and any related support facilities. Fencing should be appropriate for the area in which the tower or antenna is to be located and compatible with the surrounding environment and the applicable City codes.

   (j)   Landscape. A landscaped buffer area compatible with the surrounding environment and the zoning district in which the facility is to be located shall be provided. If the tower is to be located in close proximity to a Residential District, the Development Services Director may require landscaping consistent with that of the adjacent area. Such landscaping may include, but not be limited to:

      (1)   A landscape buffer of not less than ten feet in depth shall be placed between the wireless tower or antenna and the public rights-of-way, Residential Zoning Districts, and any adjacent residential uses when the wireless facility is ground based.

      (2)   The ten foot landscape buffer shall consist of a tight screen fence of hardy evergreen shrubbery not less than six feet in height.

      (3)   The landscaping shall be continuously maintained and any dead material shall be promptly removed and replaced with living material of the same species. Additional or alternative landscaping buffers may be required by the Planning and Zoning Commission to meet the goals of the City and to be consistent with the surrounding area. All impact facilities and roof-top facilities are subject to this requirement.

   (k)   Illumination. Except as required by law, a wireless tower or antenna shall not be illuminated, and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by FAA regulations, white strobe lights shall not be permitted at night unless no other alternative is permitted by the FAA. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. Lighting for security purposes shall be permitted at the wireless communications facility with prior approval of the review authority specified in this chapter for the application involved.

   (l)   Advertising. No advertising shall be permitted on any wireless communications facility.

   (m)   Security. No-trespassing signs shall be posted around the wireless communications facility with a telephone number of a person to contact in the event of an emergency.

   (n)   Certification. Towers and antennas shall be designed and sealed by a registered professional engineer in accordance with the provisions of the Ohio Building Code and the National Electrical Code.

   (o)   Building Codes: Safety Standards. The owner of a wireless communications facility as defined in this chapter shall ensure that said facility is maintained in compliance with standards contained in all applicable State or local building codes and the applicable standards for such facilities published by the Electronic Industry Association as now exist or may hereafter be amended. If, upon inspection, the City determines that the facility fails to comply with any such codes or standards and constitutes a danger to persons or property, then upon written notice being provided to the owner of the facility, said owner shall have thirty days to bring said facility into compliance with such codes and standards. Failure to bring said facility into compliance within the said thirty days shall constitute grounds for the removal of the facility at the owner's expense.

   (p)   License to Operate. Owners and operators of wireless communications facilities shall submit copies of all franchises, certifications, licenses, and permits required by law for the design, construction, location and operation of wireless communications facilities within the City of Pickerington. Owners and operators shall be required to maintain same and to provide evidence of renewal or extension thereof when requested by the City.

   (q)   Underground Equipment Shelters. Underground equipment shelters will be required when appropriate screening of such shelters cannot be accomplished.

(Ord. 2014-27. Passed 8-5-14.)

   Prior to action by the review authority specified in this chapter, the City and the owner or operator of the wireless communications facility may agree to require a review/report by an independent registered professional engineer engaged by the City and paid for by the applicant pursuant to its reimbursement of City expenses pursuant to this chapter. Among other things, the engineer may review and recommend the written certification of the applicant's engineer filed pursuant to this chapter, may review and recommend the applicant's propagation studies showing the necessity for the location of the tower, and may review and recommend the structural integrity, electrical integrity and electrical safety of the wireless communications facility in its projected uses so as to assure the protection of the health, safety and welfare of the citizens of the City.

(Ord. 2014-27. Passed 8-5-14.)

   The applicant shall be responsible for all expenses incurred by the City for any technical engineering services deemed necessary by City Council, the City Attorney, or the Planning and Zoning Department to perform the reviews required by this chapter.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Any decision to deny a request to place, construct or modify a wireless tower or antenna shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Planning and Zoning Commission and City Council, if applicable.

   (b)   If a location request is denied pursuant to this section, the applicant shall be entitled to file an appeal in accordance with existing Planning and Zoning Commission procedures that are hereby incorporated by reference into this chapter.

(Ord. 2014-27. Passed 8-5-14.)

   A wireless communications facility may not be constructed or erected except where located in compliance with this chapter. The Planning and Zoning Department shall authorize the issuance of permits required by the chapter and shall collect the fees therefor.

(Ord. 2014-27. Passed 8-5-14.)

   After issuance of a permit to construct a wireless tower or antenna, the permit holder shall begin construction within 180 days and shall complete construction within 360 days or the permit and approval shall expire. In the case of City-owned or public property, the Planning and Zoning Commission shall require the permit holder to certify that if construction is not commenced within 180 days or completed within 360 days, the site shall be available for another wireless communications facility provider. Should such delay in beginning or completing construction be due to force majeure, the delayed party shall take all necessary and reasonable steps to overcome the force majeure and shall keep the City advised of the reason for the delay and the steps being taken to reduce the delay. If the delay is due to force majeure, the City and the delayed party shall agree to a new construction date which new date shall then be subject to the time limits as stated in this section.

(Ord. 2014-27. Passed 8-5-14.)

   All towers/antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal Government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall so notify the City of Pickerington and shall bring such facilities into compliance with such revised standards and regulations within ninety days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State, County or Federal agency. Failure to bring such towers and antennas into compliance with said revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's or operator's expense.

(Ord. 2014-27. Passed 8-5-14.)

   All providers utilizing wireless towers or antennas shall present a report to the City or its designee notifying them of any wireless tower or antenna located in the City whose use will be discontinued and the date this use will cease. If at any time the use of said facility is discontinued for 180 days the City Manager may declare the facility abandoned (excluding any dormancy period between construction and the initial use of the facility). The facility's owner/operator will receive written notice from the City or its designee and be instructed to either reactivate the facility's use within 180 days or dismantle or remove the facility. In the case of a multi-use tower, this provision shall not become effective until all of the users cease to use the tower. However, the City may cause the abandoned portions of the systems on the multi-use tower to be removed in accordance with this section.

   (a)   Removal. The owner or operator shall agree to remove a nonfunctioning facility within 180 days of ceasing its use and return the site to its pre-existing condition.

   (b)   Notice Requirements. The City must provide the tower or antenna owner or operator ninety days notice and an opportunity to be heard before the Planning and Zoning Commission before the City can initiate removal of the facility. After such notice the City shall have the authority to initiate proceedings either to acquire the tower and any appurtenances attached thereto at the then fair market value, or, in the alternative, to order the demolition of said tower and all appurtenances.

   (c)   Public Hearing. The City shall provide the tower owner with the right to a public hearing before the Planning and Zoning Commission, which public hearing shall follow the ninety days notice required in subsection (b) hereof. All interested parties shall be allowed an opportunity to be heard at the public hearing.

   (d)   Acquisition/Removal of Tower. After a public hearing is held pursuant to subsection (c) hereof, the Planning and Zoning Commission may order the acquisition or demolition of the tower. The City shall also exercise its rights related to any bonding requirements stated in subsection (e) hereof.

   (e)   Bond. The owner or operator shall be required as a condition of issuance of a permit to post a cash or surety bond acceptable to the Law Director of not less than one hundred dollars ($100.00) per vertical foot from natural grade of the wireless communications facility. Said bond shall warrant that an abandoned, obsolete or destroyed wireless communications facility will be removed within 180 days of cessation of use and abandonment. If the wireless communications facility is not removed within 180 days of cessation of use or abandonment, the owner or operator shall forfeit this bond, but the obligation to remove the wireless communications facility and restore the site to its pre-existing condition shall remain. In the event that said facility is not removed within 180 days of cessation of operations at a site, the facilities may be acquired or removed by the City and the costs of removal assessed against the property or recovered by other legal means from the owner or operator. Any co-locator shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the co-locator occupies the tower.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   Conforming Use. Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall be deemed to constitute conforming uses or structures even when such new facilities are being added to a nonconforming installation.

   (b)   Pre-Existing Towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height serving the same purpose) shall be permitted on such pre-existing towers. A replacement tower must be constructed within 180 days following any removal of the initial facility. New construction other than routine maintenance on a pre-existing tower shall comply with the provisions of this chapter.

   (c)   Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt. The type, height, and location of the tower onsite shall be of the same type as the original facility. Any permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in this chapter, provided that such delay is not caused by force majeure as defined in this chapter.

(Ord. 98-50. Passed 6-16-98; Ord. 2014-27. Passed 8-5-14.)

   (a)   Any person violating any provision of this chapter shall be deemed, upon conviction of the first offense, guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both. Any person convicted of a subsequent violation of this chapter shall, upon conviction, be deemed guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. Such person shall be deemed guilty of a separate offense for each and every day or portions thereof during which any violation of any of the provisions of this chapter is committed, permitted or continued.

   (b)   Whenever any person fails, neglects or refuses to comply with any order of the Development Services Director-City Manager or other designated official, under the provisions of this chapter, or when any building or other structure is used or occupied so as to be in violation of or not in conformity with any provision of this chapter, the City Manager or a designee may, at his or her sole discretion, institute an appropriate action in law or in equity to prevent any violation of this chapter or to prevent the occupation or use of such building or other structure.

   (c)   The exercise of the rights and remedies granted in this chapter shall in no way preclude or limit the City from exercising any other right or remedy now or hereafter granted to it under the laws of Ohio or the ordinances of the City of Pickerington.

(Ord. 2014-27. Passed 8-5-14.)