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Plain City City Zoning Code

CHAPTER 14

WIRELESS TELECOMMUNICATION EQUIPMENT

10-14-1: SPECIAL REQUIREMENTS FOR COMMUNICATION FACILITIES:

   A.   Application Fee: In addition to other fees, a special application fee will be required by the city for those desiring to locate communication facilities within the city. The fee will be based on the proposed location of the facility:
   City owned property         $500.00
   Nonprofit/registered fraternal order property   500.00
   Private property         500.00
   B.   Interference Prohibited: No interference with existing antennas and emergency or airport communications shall be allowed.
   C.   Fencing: Appropriate fencing shall be required to reduce the potential for vandalism when deemed necessary by either party.
   D.   Removal Of Pegs: Removal of climbing pegs from the first thirty feet (30') of any tower is required.
   E.   Air Safety Compliance: Compliance with all laws related to aircraft and airport safety is required.
   F.   Licensing: FCC licenses and compliance is required.
   G.   Engineering Certification: Engineering certification for seismic, wind/weather hazards electrical safety, and structural integrity is required. In addition, an engineering certification concerning interference with other communication services is required.
   H.   Signs: No signs shall be allowed on the antenna unless the antenna is a "stealth" sign.
   I.   Landscaping: Landscaping of the compound area is required as per the zone in which the antenna is located or as required by a condition of the conditional use permit.
   J.   Time Limit: Once a site has been approved, the company/applicant shall have six (6) months to begin construction and three (3) additional months to complete the construction to allow for collocation sites to be available. (Ord. 2002-02, 2-15-2002, eff. retroactive to 1-17-2002)

10-14-2: COMMERCIAL ZONES (C):

Wireless telecommunication equipment may be allowed within the commercial zones (C), with the following requirements: (Ord. 2002-02, 2-15-2002, eff. retroactive to 1-17-2002; amd. 2003 Code; Ord. 2004-12, 8-5-2004, eff. 8-5-2004)
   A.   Wall Mounted Antennas: Wall mounted antennas are permitted in the commercial zones. Wall mounted antennas must comply with the following criteria: (Ord. 2002-02, 2-15-2002, eff. retroactive to 1-17-2002; amd. Ord. 2004-12, 8-5-2004, eff. 8-5-2004)
      1.   Wall mounted antennas shall not extend above the roofline of the building more than four feet (4').
      2.   Antennas and all associated equipment shall be painted to match the color of the building or surrounding area.
      3.   Wall mounted antennas may have a maximum area of five percent (5%) of the wall area of each side elevation of the building. Area of a penthouse wall shall be included in the wall area of the building. The area of the antenna is determined by drawing straight lines between the outermost portions of the antenna until enclosed.
      4.   All equipment associated with the use must be screened by a view obstructing structure and located a minimum of ten feet (10') from the edge of the building wall.
      5.   If the associated equipment is located on the ground, it must be landscaped to be compatible with the surrounding area and approved by staff.
      6.   Any appeals from a decision by the staff shall be to the planning commission and must be in writing, filed within ten (10) days of the staff decision. (Ord. 2002-02, 2-15-2002, eff. retroactive to 1-17-2002)
   B.   Roof Mounted Antennas: Roof mounted antennas are permitted in the commercial zones. The following provisions and any applicable provisions in subsection A of this section shall apply to roof mounted antennas: (Ord. 2002-02, 2-15-2002, eff. retroactive to 1-17-2002; amd. Ord. 2004-12, 8-5-2004, eff. 8-5-2004)
      1.   Pitched Roof Mounted Antennas:
         a.   The antenna will be mounted on the roof of a building such that the roof will obstruct the view of the antenna from the front of the building as seen from the front property line.
         b.   The antenna will be less visible from the ground level than the typical antenna mounted on a flat roof.
         c.   Disagreements to staff decisions may be appealed to the planning commission.
      2.   Flat Roof Mounted Antennas: Flat roof mounted antennas must be set back from the building edge one foot (1') for every one foot (1') of antenna height to a maximum of fifteen feet (15'). (Ord. 2002-02, 2-15-2002, eff. retroactive to 1-17-2002)
   C.   Monopole Towers: Monopole towers are allowed in commercial zones as a conditional use. Towers must comply with all requirements set forth in this title, as well as the applicable requirements of the telecommunications act of 1996, as amended, and any properly adopted regulations adopted thereunder. (Ord. 2002-02, 2-15-2002, eff. retroactive to 1-17-2002; amd. Ord. 2004-12, 8-5-2004, eff. 8-5-2004)
   D.   Collocation: Collocation on existing monopole towers is a permitted use in any zone. However, if the compound area needs to be expanded to handle additional equipment then the expansion must comply with all of the existing conditions of approval. (Ord. 2002-02, 2-15-2002, eff. retroactive to 1-17-2002)

10-14-3: RESIDENTIAL ZONES (R) AND AGRICULTURAL ZONES (A-1 AND A-2):

Wireless telecommunication equipment may be allowed within the residential zones (R) and agricultural zones (A-1 and A-2), with the following requirements:
   A.   Wall Mounted Antennas: Wall mounted antennas are conditional in residential zones at institutional uses such as municipal buildings, hospitals, churches, post offices, schools, etc. Wall mounted antennas must comply with the following criteria:
      1.   Wall mounted antennas shall not extend above the roofline of the building more than four feet (4').
      2.   Antennas and all associated equipment shall be painted to match the color of the building or surrounding area.
      3.   Wall mounted antennas may have a maximum area of five percent (5%) of the wall area of each side elevation of the building. Area of a penthouse wall shall be included in the wall area of the building. The area of the antenna is determined by drawing straight lines between the outermost portions of the antenna until enclosed.
      4.   All equipment associated with the use must be screened by a view obstructing structure.
      5.   If the associated equipment is located on the ground, it must be landscaped to be compatible with the surrounding area and approved by staff.
   B.   Roof Mounted Antennas: Roof mounted antennas are conditional in residential zones at institutional uses such as municipal buildings, hospitals, post offices, schools, churches, etc. The following provisions and any applicable provisions in subsection A of this section shall apply to roof mounted antennas:
      1.   Pitched Roof Mounted Antennas:
         a.   The antenna will be mounted on the roof of a building such that the building will obstruct the view of the antenna from the front of the building as seen from the front property line.
         b.   The antenna will be less visible from the ground level than the typical antenna mounted on a flat roof.
      2.   Flat Roof Mounted Antennas: Flat roof antennas must be set back from the building edge one foot (1') for every one foot (1') of antenna height to a maximum of fifteen feet (15').
   C.   Monopole Structures: Monopole towers may be allowed as conditional uses. Any applicable criteria in subsections A and B of this section, as well as the following criteria, shall apply to monopole structures:
      1.   Every company/applicant shall submit an overall master plan for sites within the city. This plan shall display locations of existing and future/proposed communication facilities and shall be sufficiently detailed for consideration of collocation and siting on city, nonprofit or registered fraternal order owned land.
      2.   All towers must be of a monopole construction. No lattice constructed towers of any kind shall be allowed.
      3.   All towers must allow for collocation and each company/applicant shall supply engineering calculations by a state certified engineer that will allow for as many as three (3) separate users on a single pole. A letter must also be supplied stating that the owners of the tower will allow for collocation and that the structure has been constructed to allow for this.
      4.   No tower may be located within a one mile radius to another tower unless it is located on city, nonprofit or registered fraternal order owned property. However, if the company/applicant supplies supporting documentation from and by an independent consultant stating that collocation on existing towers or locating on a preferred city, nonprofit or registered fraternal order owned property site will create an undue hardship, the one mile radius may be waived by the city council after recommendation by the planning commission.
      5.   Collocation on an existing structure is a permitted use and is handled administratively.
      6.   The agent must supply the city with a letter stating that if technology renders the tower obsolete and the tower is vacated, the agent will remove the tower, all other apparatus associated with it, the top three feet (3') of the footing and restore the site to its original condition within ninety (90) days of vacating the tower.
      7.   Antennas and all associated equipment shall be painted to be harmonious with the surrounding area.
   D.   Additional Criteria: The additional following criteria may be addressed for approval of electronic communication equipment in residential zones:
      1.   Whether collocation of the antenna on existing structures in the same vicinity such as: towers, buildings, water towers, utility poles, athletic field lights, parking lot lights, etc., is feasible without impacting neighboring uses.
      2.   The location of the antenna in relation to existing vegetation, topography, buildings, residential uses and zones is acceptable.
      3.   Whether there are any negative impacts associated with the use that must be mitigated through screening, height limits, or specifying construction materials and colors, etc. (Ord. 2011-01, 1-6-2011, eff. 1-6-2011)

10-14-4: BUSINESS LICENSE REQUIRED:

All approved locations shall obtain an annual business license from the city. (Ord. 2002-02, 2-15-2002, eff. retroactive to 1-17-2002)