Urbana City Zoning Code
TITLE SEVEN
Telecommunications
1181.01 PURPOSE.
The purpose of this chapter is to promote the public health, safety, comfort, convenience, prosperity and general welfare of the community by regulating the placement of wireless telecommunication facilities. Regulations for said telecommunication facilities shall:
(a) Accommodate the need for wireless telecommunication facilities while regulating their location and number within the City;
(b) Minimize adverse visual effects of wireless telecommunication facilities and support structures through proper location, design and screening;
(c) Avoid potential damage to adjacent properties from wireless telecommunication facilities and support structures to reduce the number of such structures needed in the future; and
(d) Encourage the joint use of any new and existing wireless telecommunication facility and support structures to reduce the number of such structures needed in the future.
(Ord. 4063. Passed 8-11-98.)
1181.02 DEFINITIONS.
The following definitions shall apply to wireless telecommunication facilities:
(a) “Buffer” means a fence, landscape screen, and/or wall that will prevent access and that will be at least six feet in height and shall have an opacity of eighty percent (80%) within two years of the facility. Said buffer shall be located around the perimeter of said wireless telecommunications facility.
(b) “Collocation” means the use of a wireless telecommunication facility by more than one wireless telecommunication provider.
(c) “Monopole” means a structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation with a wireless telecommunication antenna(s).
(d) “Telecommunication” means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems. “Telecommunication” includes, but is not limited to, the receiving or transmitting of cellular phones, pagers, radios, televisions, personal telecommunication services, or other ground-wired telecommunication systems.
(e) “Wireless telecommunication antenna” means the physical device through which electromagnetic, wireless telecommunication signals authorized by the Federal Communications Commission (FCC) are transmitted or received. These may be placed on the monopole or on a structure. Antennas used by amateur radio operators are exempted from this definition.
(f) “Wireless telecommunications equipment shelter” means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(g) “Wireless telecommunication facility” means a facility, containing not more than 2,500 square feet of area measured from the buffer perimeter, consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines. The facility shall include the wireless telecommunications equipment shelter, the wireless telecommunications tower, wireless telecommunications antenna, buffer surrounding the shelter, antenna, tower, monopole, and any other apparatus associated with the facility.
(h) “Wireless telecommunications tower” means a monopole structure intended to support equipment used to transmit and/or receive telecommunications signals.
(Ord. 4063. Passed 8-11-98.)
1181.03 PERMIT REQUIRED.
A conditional use permit and zoning certificate are required for a wireless telecommunication facility. A proposed collocation also requires a conditional use permit and zoning certificate. A site plan shall be submitted as part of the conditional use application and zoning permit, and shall include all information as part of each permit and the following information:
(a) Existing topography with a maximum of five-foot contour intervals.
(b) Proposed finished grade of the development shown by a maximum of five-foot contour intervals.
(c) The location of all existing buildings and structures and the proposed location of the facility and support structures including square footage, dimensions, heights and gross floor of buildings or structures.
(d) The location and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including number of spaces, grades, surfacing materials, drainage plans and illumination of the facility.
(e) The location and dimensions of proposed sidewalks, fences, landscaping, screening and/or walls.
(f) The location of all existing and proposed public streets and utilities.
(g) Schedule of any phasing of the project including completion date.
(h) A statement concerning any visual or environmental mitigation proposed by the applicant.
(i) Distances from proposed facility to existing buildings or structures and distance from residential zoning districts.
(j) A diagram showing all other wireless telecommunication facilities that exist or are proposed by the applying wireless telecommunication provider and their coverage area within two miles of the proposed wireless telecommunication facility. Additionally, the applicant shall provide a diagram showing the locations of all other wireless telecommunication facilities within two miles of the proposed wireless communications facility.
(k) A diagram showing the grid system of coverage for a proposed wireless telecommunication facility.
(l) Any other information as may be required by the Planning Commission and/or the Zoning Administrator to determine the conformance with these Codified Ordinances and/or to ensure the protection of the public health, safety and welfare of the community. Said requested information shall be provided to the applicant in the timely fashion.
(Ord. 4063. Passed 8-11-98.)
1181.04 GENERAL AND SPECIFIC STANDARDS.
The following provisions shall apply to wireless telecommunication facilities within the City:
(a) Shall be conditional uses in the R-1 Low Density Residential District, BR-1 Business Residential District, M-1 Manufacturing District. Said telecommunications facilities shall also be a conditional use in any zoning district if located on City-owned land;
(b) Sited so that all reasonable alternatives for facility placement have been clearly and convincingly demonstrated in order to provide that installation will minimize both the visual intrusion of the facility and the potential safety risks associated with the presence and operation of the facility;
(c) Shared with other users to minimize the number of facilities within the Municipality;
(d) The facility shall be located at least 500 feet from the nearest residential use or district. The setback shall be measured from the perimeter of buffer for said facility;
(e) The height of the proposed tower, including all attachments or extensions, shall not exceed 200 feet from grade;
(f) Minimum setback from said facility to a public right of way shall be a distance equal to the height of the facility. Minimum setback from said facility to all other property lines shall be at least 100 feet. “Setback” shall be defined as the distance from the property lines to the nearest portion of the perimeter of the fence, landscape wall and/or wall;
(g) Underground utilities to the site and from the facility to any service or ancillary structures shall be required;
(h) Equipment, mobile or immobile, not used in direct support of the transmission or relay facility, shall not be stored or parked on the site except in connection with a repair or maintenance being made to the installation;
(i) No employees shall be employed on a regular basis at the installation site;
(j) Facilities shall be kept in a state of good condition and repair and said facility must remain free of trash, outdoor storage, weeds and other debris;
(k) Obsolete, discontinued, and/or unused facilities shall be removed within twelve months of ceasing operation;
(l) No supporting wires or cables shall encroach upon any minimum setback requirements and shall be completely encircled at the point of attachment to the ground with sufficient fencing, landscape screen and/or wall of sufficient density and height to prevent any individual who may for any reason be in the area from coming into contact with any such supporting wires or cables;
(m) Said facilities shall be buffered by a fence, landscape screen and/or wall that will prevent access and that will be at least six feet in height and shall have an opacity of eighty percent (80%) within two years of the facility being constructed. Said buffer shall be located around the perimeter of said telecommunications facility that includes the monopole, antenna, equipment shelter, tower and/or any other structure, wiring and/or equipment used as part of said facility;
(n) Said tower shall be free-standing and shall be of “monopole” construction, with a smooth and uniform exterior, without supporting guys or supporting ancillary apparatus. Mounts, antennas and associated equipment buildings shall be galvanized steel and/or painted a uniform color, approved by the Planning Commission. Mounts and antennas shall not display a bright flashing strobe or beacon light unless required by the Federal Aviation Administration (FAA). Any light required by the FAA is recommended to be a part of a dual lighting system with a white strobe during daylight hours and a red beacon during evening hours;
(o) Associated telecommunications equipment shelters fifty square feet or larger in size shall have facades constructed of materials as deemed appropriate by the Planning Commission, and, in no case, shall be metal. Additionally, said wireless communication facility shall not have more than three equipment shelters and/or cabinetry. If more than one equipment shelter is proposed, said equipment shelters shall be shielded by a facade to make the shelters look like one shelter. Said facade shall be constructed of material as deemed appropriate by the Planning Commission and, in no case, shall be metal. Equipment shelter(s) shall not exceed 400 square feet in total floor area and shall not exceed fifteen feet in height;
(p) Wireless telecommunication facilities shall be limited to one per property, and shall be located at least one mile away from any other wireless telecommunication facilities in the City unless shown to be necessary (refer to Section 1181.05
(a) and (b)) for coverage by the wireless telecommunication provider and approved by the Planning Commission;
(q) If said wireless telecommunication towers and/or antenna or apparatus is placed upon an existing or proposed structure, said tower or antenna shall not exceed twenty feet in height and shall not extend over the existing building facade and shall be galvanized steel or painted as approved by the Planning Commission;
(r) When said facility is a principal use on a lot, such lot shall be at least three acres in size;
(s) Wireless telecommunication facility service facilities shall conform to applicable FCC and FAA regulations, and as well, shall conform to building, electrical and other applicable codes. Application to install such facilities shall be in an approved format, and such application shall require that the applicant show evidence of compliance with standards referenced herein. Said applicant must show that he/she is licensed with the FCC;
(t) Such telecommunication mounts as are approved and built shall be capable of structurally supporting the antennas of the applicant as well as two other service providers. The applicant shall agree to permit use of the personal wireless service facilities mounted by other telecommunication service providers;
(u) Any driveway, access drive and/or parking area used as part of said facility shall be constructed of a sealed, dustless surface of asphalt or concrete;
(v) Permits for a wireless telecommunication facility service facility shall automatically expire if a structural report is not filed with the Zoning Officer within ninety days of being requested by a duly authorized representative of the City, said report attesting to the structural integrity of said facilities. Such reports may be required as often as every ten years or upon suspicion of structural damage by some exogenous physical force;
(w) No advertising shall be permitted as part of said wireless telecommunications facility.
(Ord. 4063. Passed 8-11-98.)
1181.05 STANDARDS AND CRITERIA FOR CONDITIONAL USE.
The Planning Commission, in addition to the general standards and considerations in Section 1181.04, shall use the following criteria in reviewing a wireless telecommunications facility conditional use application:
(a) The applicant shall demonstrate, using the latest technological evidence, that the facility is placed where it is proposed in order to satisfy its necessary function in the applicant’s grid system;
(b) The applicant demonstrates that it has contacted the owners of tall structures within a two-mile radius of the site proposed, asked for permission to install the facility on those structures, and was denied for reasons other than economic and/or the applicant can demonstrate that the structures within a two-mile radius are not feasible for engineering requirements and/or coverage area. Tall structures shall include, but not be limited to, smoke stacks, water facilities, buildings over fifty feet in height, antenna support structures of other wireless telecommunication facility companies, and other telecommunication facilities.
(Ord. 4063. Passed 8-11-98.)
1181.06 EXEMPTIONS.
Ham radio antennas, television antennas, citizen band (CB) antennas and satellite receiving devices which are used by a single user and do not exceed fifty feet in height are exempted from this chapter. Other sections of these Codified Ordinances may apply to these appurtenances.
(Ord. 4063. Passed 8-11-98.)
1182.01 PURPOSE.
The purpose of this chapter is to establish general procedures and standards for the siting, construction, placement, collocation, modification, operation, and removal of small cell facilities and/or wireless support structures within the City of Urbana Right-of-Way.
(Ord. 4497-18. Passed 6-19-18.)
1182.02 DEFINITIONS.
(1) "ABANDONED" means any cell facilities or wireless support structures that are unused for a period of three hundred sixty-five (365) days without the operator otherwise notifying the City and receiving the City's approval.
(2) “AGENT" means any person that provides the City written authorization to work on behalf of a public utility.
(3) "ANTENNA" means communication equipment that transmits or receives radio frequency signals in the provision of wireless service.
(4) "APPLICANT" means any person that submits an application to the City to site, construct, place, collocate, modify, operate, and/or remove a small cell facility or wireless support structure in the City of Urbana.
(5) "COLLOCATION, COLLOCATE" means to install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure or utility pole.
(6) “CABLE OPERATOR, CABLE SERVICE, FRANCHISE" means any person or group of persons who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
(7) "DECORATIVE POLE" means a pole, arch, or structure other than a street light pole placed in the Right-of-Way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following:
A. Electric lighting;
B. Specially designed informational or directional signage;
C. Temporary holiday or special event attachments.
(8) "ENCLOSURE" means a cabinet for equipment intended to conceal its contents, prevent electrical shock to users, and protect the contents from the environment.
(9) "EQUIPMENT" means electrical and/or mechanical devices or components.
(10) "HISTORIC DISTRICT" means a building, property, or site, or group of buildings, properties, or sites that are located in the City Center Heritage Overlay District.
(11) "MUNICIPAL ELECTRIC UTILITY" means a municipal corporation that owns or operates facilities to generate, transmit, or distribute electricity.
(12) "OHIO MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES, OMUTCD" means the uniform system of traffic control devices promulgated by the department of transportation pursuant to Section 4511.09 of the Ohio Revised Code.
(13) "OCCUPY, USE" means to place a tangible thing in a Right-of-Way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts; equipment, or other structures, appurtenances, or facilities necessary for the delivery of public utility services or any services provided by a cable operator.
(14) "PERMIT, WORK PERMIT" means a permit issued by the City that must be obtained in order to perform any work in, on, above, within, over, below, under, or through any part of the Right-of-Way, including, but not limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, or installing, as well as the act of opening and cutting into the surface of any paved or improved surface that is part of the Right-of-Way. Also, a permit issued by the City that must be obtained in order to occupy the City's Right-of-Way.
(15) "PERMITTEE" means any person issued a permit.
(16) "PERSON" means any natural person, corporation, or partnership and also includes any governmental entity.
(17) "PUBLIC UTILITY" means a wireless service provider as defined in division (A)(20) of section 4927.01 of the Ohio Revised Code or any company described in section 4905.03 of the Ohio Revised Code except in divisions (B) and (I) of the section, which company also is a public utility as defined in section 4905.02 of the Ohio Revised Code; and includes any electric supplier as defined in section 4933.81 of the Ohio Revised Code.
(18) "PUBLIC WAY FEE" means a fee levied to recover the costs incurred by the City and associated with the occupancy or use of Right-of-Way.
(19) “RIGHT-OF-WAY, PUBLIC WAY" means the surface of, and the space within, through, on, across, above, or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a compatible public use, which, on or after July 2, 2002, is owned or controlled by a municipal corporation. "Right-of-Way" excludes a private easement.
(20) "SMALL CELL FACILITY" means a wireless facility that meets both of the following requirements:
A. Each antenna is located inside an enclosure of not more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six (6) cubic feet in volume.
B. All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
(21) "SMALL CELL FACILITY OPERATOR, OPERATOR" means a wireless service provider, or its designated agent, or cable operator, or its designated agent, that operates a small cell facility and provides wireless service as defined in division (T) of section 4939.01 of the Ohio Revised Code. For the purpose of this chapter, "operator" includes a wireless service provider or cable operator that provides information services as defined in the "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C.153(20), and series that are fixed in nature or use unlicensed spectrum.
(22) "SUBSTANTIAL CHANGE" means the same as defined by the FCC in 47 C.F.R. 1.40001(b)(7), as may be amended, and as applicable to facilities in the public Right-of-Way, which defines that term as a collocation or modification that:
A. Increases the overall height more than 10% or 10 feet (whichever is greater);
B. Increases the width more than six (6) feet from the edge of the wireless support structure;
C. Involves the placement of any new enclosures on the ground when there are no existing ground-mounted enclosures;
D. Involves the placement of any new ground-mounted enclosures that are ten percent (10%) larger in height or volume than any existing ground-mounted enclosures;
E. Involves excavation or deployment of equipment outside the area in proximity to the installation and other wireless communications equipment already deployed on the ground;
F. Would defeat the existing concealment elements of the wireless support structure as determined by the Zoning Officer; or
G. Violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, enclosures or excavation that is inconsistent with the thresholds for a substantial change.
Note: For clarity, the definition in this Chapter includes only the definition of a substantial change as it applies to installations in the public Right-of-Way. The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The cumulative limit is measured from the originally-permitted wireless support structure without regard to any increases in size due to wireless facilities not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012.
(23) "UTILITY EASEMENT" means an easement dedicated for the use of a Public Utilities Commission of Ohio regulated utility.
(24) "UTILITY POLE" means a structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric distribution or telecommunications service. The term excludes street signs and decorative poles.
(25) “WIRELESS FACILITY" means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:
A. Equipment associated with wireless communications;
B. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
C. The term includes small cell facilities.
D. The term does not include any of the following:
1. The structure or improvements on, under, or within which the equipment is collocated;
2. Coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
(26) “WIRELESS SERVICE" means any service using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.
(27) “WIRELESS SERVICE PROVIDER" means a facilities-based provider of wireless service to one or more end users in this state.
(28) “WIRELESS SUPPORT STRUCTURE" means a pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a 15' or taller sign pole, or utility pole capable of supporting wireless small cell facilities. As used in section 4939.031 of the Ohio Revised Code this chapter, "wireless support structure" excludes all of the following:
A. A utility pole or other facility owned or operated by a municipal electric utility;
B. A utility pole or other facility used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses.
(Ord. 4497-18. Passed 6-19-18.)
1182.03 APPLICABILITY.
No small cell facility operator may collocate or remove a small cell facility or construct, maintain, modify, operate, replace, or remove wireless support structures in, along, across, upon, and/or under the Right-of-Way except in conformance with all provisions of this Chapter and any other applicable requirements of the City of Urbana.
(Ord. 4497-18. Passed 6-19-18.)
1182.04 PERMIT REQUIRED.
Unless otherwise exempted, it shall be unlawful for any person to collocate or remove a small cell facility or construct, maintain, modify, operate, replace, or remove wireless support structures in, along, across, upon, and/or under the Right-of-Way unless a permit has been issued by the Zoning Officer. (Ord. 4497-18. Passed 6-19-18.)
1182.05 APPLICATION REQUIREMENTS.
This section specifies the necessary requirements for a complete permit application. A complete application shall consist of the following:
(a) Application Fee. The applicant shall provide the applicable permit application fee in the amount currently required by the Board of Control and listed in its permit fee schedule.
(b) RF Compliance Affidavit. Applicants shall submit a sworn affidavit prepared and signed by an RF engineer with knowledge about the proposed project that affirms the proposed project will be compliant with all applicable governmental regulations in connection with human exposure to radiofrequency emissions. The affidavit shall include:
(1) All frequencies on which the equipment will operate;
(2) How many channels will be used on each frequency;
(3) The effective radiated power ("ERP");
(4) Output level in measured watts; and
(5) The height above ground for the lowest point on the lowest transmitter.
The required disclosures above shall be included for all transmitters on the support structure, which includes without limitation existing collocated antennas and antennas used for wireless backhaul (such as microwave dish antenna or U/E relay).
(c) Regulatory Authorization. To the extent that the applicant claims any regulatory authorization or other right to use the public Right-of-Way, the applicant shall provide a true and correct copy of the certificate, license, notice to proceed or other regulatory authorization that supports the applicant's claim.
(d) Owner's Authorization. Applicants shall submit evidence sufficient to show that either:
(1) The applicant owns the proposed support structure; or
(2) The applicant has obtained the owner's authorization to file the application.
(e) Site Plans and Structural Calculations. The applicant shall submit fully dimensioned site plans, elevation drawings and structural calculations prepared, sealed, stamped and signed by a Professional Engineer licensed and registered by the State of Ohio. Drawings shall depict any existing wireless facilities with all existing wireless communications equipment and other improvements, the proposed facility with all proposed wireless communications equipment and other improvements and the legal boundaries of the leased or owned area surrounding the proposed facility and any associated access or utility easements.
(f) Equipment and Enclosure Specifications. The applicant shall provide dimensioned elevations, cut sheets, material samples or other construction documents necessary to evaluate for compliance with this Chapter.
(g) Statement of Intent. The applicant shall provide a statement of a wireless support structure's intended purpose.
(Ord. 4497-18. Passed 6-19-18.)
1182.06 APPLICATION TYPES.
(a) Each application to collocate or remove a small cell facility or construct, maintain, modify, operate, replace, or remove wireless support structures in, along, across, upon, and/or under the Right-of-Way shall be classified as one of three types. The three types of applications are:
(1) Small Cell Minor- An application that:
A. Involves removal or replacement of small cell facilities and any associated equipment on an existing wireless support structure; and such removal or replacement does not constitute a substantial change; or
B. Involves the routine maintenance of a small cell facility.
(2) Small Cell Substantial- An application that:
A. Involves the installation of a new small cell facility on a wireless support structure; or
B. Involves the removal or replacement of a small cell facility on an existing wireless support structure and such removal of replacement constitutes a substantial change.
(3) Wireless Support Structure - An application for a proposal to construct, modify or replace a wireless support structure in the Right-of-Way.
(b) Applications seeking to collocate a small cell facility to a wireless support structure owned by the City and located within the City Right-of-Way shall be required to obtain an Attachment Certificate and shall be subject to an attachment fee in an amount set by the City’s Board of Control. (Ord. 4497-18. Passed 6-19-18.)
1182.07 DECISIONS.
(a) The Zoning Officer shall review the application for conformance with the standards of this Chapter and shall either:
(1) Approve, approve with conditions, or deny a Small Cell Minor application; or
(2) Grant or deny consent for Small Cell Substantial and Wireless Structure applications.
(b) If request is denied, the reasons for denial shall be provided in writing to the applicant.
(c) The City reserves the right to deny an application if any one of the following conditions exist:
(1) The application does not comply with a provision of this Chapter or a provision of the City of Urbana Codified Ordinances;
(2) The applicant is not authorized to conduct business in the State of Ohio;
(3) The applicant is not current it its obligation to pay to the City fees or taxes imposed by this Chapter;
(4) The design or location is deemed unsafe or non-compliant in regards to transportation and engineering standards for construction within the Right-of-Way;
(5) The design is counter to the health, safety, and welfare of the City;
(6) The design or location is in conflict with current or proposed accessibility standards;
(7) The design does not meet standards related to electrical, structural, safety or construction best practices;
(8) The proposed design is in conflict with existing infrastructure, facilities, and/or utilities.
(d) Except as allowed in subsection (e) below, applications shall be reviewed and a decision rendered according to Chapter 1182.07(a), within the following time periods:
(1) Small Cell Minor - Small Cell Minor applications shall be rendered within 60 days of the date of filing.
(2) Small Cell Substantial- Small Cell Substantial applications shall be rendered within 90 days of the date of filing.
(3) Wireless Support Structure - Wireless Support Structure applications shall be rendered within 120 days of the date of filing.
(e) The time period required in subsection (d) above may be tolled only:
(1) By mutual agreement between the applicant and the City;
(2) If the application is determined to be incomplete; or
(3) The number of applications exceeds the City's capacity to process them in a timely manner. If such number of applications exceeds capacity then the following tolling time periods may be instituted:
A. The time period may initially be tolled for up to 15 days when the number of applications received within any consecutive 30 day period exceeds 25 applications;
B. For every additional 15 applications that the City receives above the 25 applications stated in (a) the time period may be tolled an additional15 days; and
C. For every additional 30 applications that the City receives above the 25 applications stated in (a) the time period may be tolled an additional15 days;
D. However, in no instance shall the time tolled exceed 90 consecutive days.
(f) To toll the time period for incompleteness, the City shall provide the applicant notice within 30 days of the date of filing. Such notice shall include a listing of the missing documents and-or information. The time period resumes once the applicant submits a response. If an application is still incomplete, the City shall notify the applicant within 10 days of the response.
(g) If multiple applications are received by the City to install two or more wireless support structures that would violate the spacing requirements of Chapter 1182.15(b)(2), or to collocate two or more small cell facilities on the same wireless support structure, the City shall process and render a decision in the order they are received.
(h) In the event than an application is received by the City to install a wireless support structure or small cell facility in a location in common with another application for a facility in the Right-of-Way, preference shall be granted in the following order of service provided:
(1) Municipal lnfrastructure
(2) Water
(3) Electricity
(4) Gas
(5) Land line Telephone
(6) Wireless Service
(Ord. 4497-18. Passed 6-19-18.)
1182.08 AMENDMENTS.
Amendments to an application in process which are not part of a response to a notice of incompleteness or a correction notice shall be treated as a new application.
(Ord. 4497-18. Passed 6-19-18.)
1182.09 ISSUANCE OF PERMIT AND CERTIFICATES.
(a) When an application is approved or granted consent, a permit shall be issued to the applicant authorizing the following:
(1) Small Cell Work Permit - A permit to perform the approved removal, replacement, or maintenance work, subject to any conditions;
(2) Small Cell Collocation Permit - A permit to perform the approved removal, replacement, or installation, and grant occupancy within the Right-of-Way, subject to any conditions;
(3) Wireless Support Structure - A permit to construct, modify or replace a wireless support structure in the Right-of-Way.
(b) An applicant seeking collocation of a small cell facility to a wireless support structure owned by the City and located within the Right-of-Way shall be issued an Attachment Certificate authorizing such attachment, subject to any conditions.
(Ord. 4497-18. Passed 6-19-18.)
1182.10 SCOPE OF APPROVAL.
(a) No permit or certificate authorized by this Chapter shall be transferrable.
(b) No permit or certificate authorized by this Chapter shall convey title, equitable or legal, in the Right-of-Way.
(Ord. 4497-18. Passed 6-19-18.)
1182.11 DURATION OF APPROVAL.
(a) The work authorized by the permit issued shall be completed within 180 days from the date of issuance, unless otherwise conditioned as part of the approval.
(b) An Attachment Certificate is valid for 10 years from the date of issuance and may be renewed by the applicant in successive 5 year terms. Any request for renewal is subject to approval by the Zoning Officer and may be denied for cause.
(c) In the event that any court of competent jurisdiction invalidates any portion of federal law which mandates approval of any permit, such permit shall automatically expire one (1) year from the date of the judicial order.
(d) In the event that any court of competent jurisdiction invalidates any portion of state law which mandates approval of any permit shall automatically expire 60 days from the date of the judicial order. (Ord. 4497-18. Passed 6-19-18.)
1182.12 REVOCATION.
The following are grounds for revocation or denial of approval:
(a) The intentional provision of materially misleading information by the applicant (the provision of information is considered "intentional" where the applicant was aware of the inaccuracies or could have discovered the inaccuracies wit reasonable diligence); and/or
(b) The failure to comply with any condition of approval, order, or other applicable law, rule or regulation; and/or
(c) The site, structure or operation is otherwise not in compliance with any other provision(s) of applicable law; and/or
(d) The subject site or use is otherwise not in compliance due to incomplete work or projects, or is not in compliance due to unperformed or slow to perform work as part of an open permit.
(Ord. 4497-18. Passed 6-19-18.)
1182.13 APPEALS.
The Board of Zoning Appeals shall hear and decide upon appeals where it is alleged there is an error in any written decision made by the Zoning Officer in the enforcement of this code.
(a) A complete written appeal shall be filed by the appellant within ten (10) days of the written decision of the Zoning Officer or the appeal shall become void. The appeal shall be filed with the Board of Zoning Appeals. The written appeal shall:
(1) Cite specific provisions of this Chapter that are alleged to have been interpreted in error or the specific action being appealed and the grounds on which the appeal is being made;
(2) Include any required application fee in an amount set by the City's Board of Control;
(3) Include such other information as may be required to render a reasonable decision;
(4) A statement as to why the appellant has standing as an aggrieved party to pursue the appeal.
(c) The Board of Zoning Appeals shall not be required to hear any case that has been the subject of an appeal during the previous twelve (12) months, unless substantial new evidence, critical to the case, becomes available.
(Ord. 4497-18. Passed 6-19-18.)
1182.14 GENERAL DEVELOPMENT STANDARDS.
The City of Urbana desires to promote orderly small cell facility and wireless support structure installations using the smallest and least intrusive means available to provide services to the community. All such installations in the public Right-of-Way shall comply with all applicable provisions in this section. All applications shall be subject of the following conditions:
(a) Compliance with all Applicable Laws. Permittee shall at all times maintain compliance with all applicable federal, state, and local laws, regulations, ordinances, or other rules.
(b) Right to Inspect. The City or its designee may inspect a small cell facility or wireless support structure within the Right-of-Way upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to support, repair, disable, or remove any elements of the small cell facility or wireless support structure in emergencies or when the small cell facility or wireless support structure threatens imminent harm to persons or property.
(c) Contact Information. Permittee shall at all times maintain accurate contact information for all parties responsible for the small cell facility or wireless support structure, which shall include a phone number, street mailing address, and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Zoning Department.
(d) Indemnities. The permittee and, if applicable, the non-government owner of a small cell facility or wireless support structure shall defend, indemnify, and hold harmless the City and its agents, officer, officials, and employees from:
(1) Any and all damages, liabilities, injuries, losses, costs, and expenses arising out of any claims, demands. Lawsuits, writs of mandamus, or other actions or proceedings brought against the City to challenge, attack, seek to modify, set aside, void, or annul the City's approval of the applicable permit or certificate; and
(2) Any and all damages, liabilities, injuries, losses, costs, and expenses and any claims, demands, lawsuits, or other actions or proceedings of any kind, whether for personal injury, death, or property damage, arising out of or in connection with the activities or performance of the permittee or its agents, employees, licensees, contractors, subcontractors, or independent contractors; and
(3) In the event the City becomes aware of any such actions or claims, the City shall promptly notify the permittee and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the permittee (as applicable) shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of defense.
(e) Interference with City Communication Services. In the event that the City has reason to believe that permittee's operations are causing interference with the City's radio communications operations, then the permittee shall, at its cost, immediately cooperate with the City to either rule out permittee as the interference source or eliminate the interference. Cooperation with the City may include, but shall not be limited to, temporarily switching the equipment on and off for testing.
(f) Adverse Impact. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of the small cell facility or wireless support structure.
(g) Maintenance. The site and the small cell facility or wireless support structure, including but not limited to all landscaping, fencing, and related equipment, shall be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
(h) Good Condition. Small cell facilities and wireless support structures shall at all times employ best practices and maintain in use only the best available technology and methods for preventing failures and accidents so that the same shall not menace or endanger the life or property of any person.
(i) Graffiti and Vandalism. Permittee shall remove any graffiti at permittee's sole expense.
(j) Exposure to RF Radiation. All small cell facilities shall comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards.
(k) Utility Lines. Service lines shall be undergrounded whenever feasible to avoid additional overhead lines.
(I) Relocation for Public Improvements. Permittee shall remove and relocate the permitted small cell facility and/or wireless support structure at permittee's sole expense to accommodate construction of a public improvement project by the City.
(m) Removal if Discontinued. In the event that the use of a small cell facility is discontinued, the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. If a small cell facility is not removed within 90 days of discontinued use, the City may remove it at the owner's expense irrespective of the notice requirement under this section.
(n) Abandoned. In the event that the use of a small cell facility is abandoned, the City may remove it at the owner's expense.
(o) Site Restoration.
(1) Upon completion of the new work, the contractor shall restore the street and/or alley pavement as required;
(2) Upon completion of the new work, the contractor shall restore all concrete walks, driveway aprons, and other concrete as required;
(3) Upon completion of the new work, the contractor shall restore all tree lawns and/or sod strips with topsoil and sod.
(p) General Construction. All work and designs shall comply with the following general standards for construction in the City's Right-of-Way:
(1) City of Urbana Codified Ordinances;
(2) City of Urbana Engineering Standards;
(3) Ohio Department of Transportation (ODOT) location and Design Manual;
(4) ODOT Standard Drawings;
(5) ODOT Construction and Material Specifications;
(6) Ohio Manual of Traffic Control Devices;
(7) American Association of State Highway Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets;
(8) AASHTO Roadside Design Guide;
(9) AASHTO Guide for the Planning, Design, and Operation of Pedestrian Facilities;
(10) AASHTO Guide for Development of Bicycle Facilities;
(11) United States Access Board (USAB) Proposed Guidelines for Pedestrians in the Public Right-of-Way;
(12) USAB American with Disabilities Act Accessibility Guidelines;
(13) National Fire Protection Association 70 National Electric Code; and
(14) All other applicable local, state, and federal codes and regulations.
(q) Taxes and assessments. To the extent taxes or other assessments are imposed by taxing authorities on the use of City property as a result of an applicant's use or occupation of the Right-of-Way, the applicant shall be responsible for payment of such taxes, payable annually unless otherwise required by the taxing authority.
(r) Interference. Small cell wireless and wireless support structures shall be constructed and maintained in such a manner that will not interfere with the use of other property.
(s) Financial Condition. All owners shall procure and provide to the City a bond, or shall provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of this chapter. Such bond or financial mechanism shall specifically cover the cost of removal of the item placed in the Right-of-Way.
(t) Setbacks for Visibility and Access. Any new small cell facility or wireless support structure and other improvements associated with a new small cell facility or wireless support structure or an existing small cell facility or wireless support structure shall be setback twenty feet (20') from intersections, alleys and driveways and placed in locations where it will not obstruct motorists' sightlines or pedestrian access.
(u) Obstructions. Any new small cell facility or wireless support structure and other improvements associated with a new small cell facility or wireless support structure or an existing small cell facility or wireless support structure shall not obstruct any:
(1) Worker access to any above-ground or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors;
(2) Access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop (including, without limitation, bus stops, streetcar stops, and bike share stations);
(3) Worker access to above ground or underground infrastructure owned or operated by any public or private utility agency;
(4) Fire hydrant access;
(5) Access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the right-of way; or
(6) Access to any fire escape.
(v) Historic or Architecturally Significant Structures. Any new utility installation and other improvements associated with a new utility installation or an existing utility installation may not be placed directly in front of any historic or architecturally significant structures in prominent or highly visible locations.
(w) No placement of any small cell facility or wireless support structure shall necessitate tree trimming, cause removal of, or otherwise damage any tree located within the City's Right-of-Way or a designated utility easement. Such small cell facility or wireless support structure shall not be located within the eventual mature dripline or tree crown of any existing tree located within the City's Right- of-Way or a designated utility easement.
(Ord. 4497-18. Passed 6-19-18.)
1182.15 DESIGN AND SITING REQUIREMENTS.
(a) General Requirements.
(1) Wireless support structures shall align with other poles to achieve a uniform in line appearance.
(2) Wireless support structures shall be setback from the edge of pavement according to applicable safety and construction standards as set forth in Chapter 1182.14(p)
(3) All small cell facilities and wireless support structures and any related items shall be installed and maintained plumb and level and shall maintain an orderly and neat appearance.
(4) All equipment and enclosures shall be attached, anchored and/or strapped tightly to poles using corrosion resistant steel hardware.
(5) Wireless support structures shall support no more than two small cell facilities.
(6) Ambient noise suppression measures or placement of the equipment in locations less likely to impact adjacent properties shall be required to ensure compliance with all applicable noise regulations.
(7) Unless otherwise required for compliance with FAA or FCC regulations, the small cell facility or wireless support structure shall not include any permanently installed lights. Any lights associated with the equipment shall be appropriately shielded from public view. This shall not be interpreted to prohibit streetlights or the placement of luminaires by the City.
(8) Wireless support structures shall be reviewed by the City of Urbana Airport Director to confirm that all applicable FAA regulations are met.
(9) Any small cell facility or wireless support structure proposed to be located in the City Center Heritage Overlay District shall be reviewed in accordance to Chapter 1112 of the City's Codified Ordinances.
(b) Location.
(1) In accordance with ORC 4939.0314(0), Authority of a Municipal Corporation, the City shall reserve the right to propose an alternate location to the proposed location of a new wireless support structure, provided the alternate location is within 100' or a distance equal to the width of the Right-of-Way in or on which the new wireless support structure is proposed, whichever is greater. The City of Urbana also finds that certain locations and collocation configurations are preferred. A preferred location and collocation configuration shall be utilized whenever possible and shall only be surpassed if in the determination of the Zoning Officer, clear and convincing evidence supports such a decision. Cost alone should not be grounds for such a determination. The order of preference is as follows:
A. First, small cell facilities shall be collocated on an existing pole or wireless support structure within a utility easement. If no such pole or wireless support structure is available then proceed to the next preference;
B. Second, small cell facilities shall be collocated on an existing pole or wireless support structure within an alley. If no such pole or wireless support structure is available then proceed to the next preference;
C. Third, small cell facilities shall be collocated on a wireless support structure currently supporting a small cell facility located within the City Right-of-Way. If no such wireless support structure is available then proceed to the next preference;
D. Fourth, small cell facilities shall be collocated on an existing pole located within the City Right-of-Way. If no such existing pole is available then proceed to the next preference;
E. Fifth, small cell facilities shall be collocated on a new wireless support structure located within a utility easement. If no such location is available then proceed to the next preference;
F. Sixth, small cell facilities shall be collocated on a new wireless support structure located within an alley. If no such location is available then proceed to the next preference
G. Seventh, small cell facilities shall be collocated on a new wireless support structure located within the City Right-of-Way.
(2) Any new wireless support structure shall be located at least 1230' from any existing small cell facility.
(c) Wireless Facilities Design.
(1) Wireless support structures shall be subject to the following design standards:
A. Wireless support structures shall be limited to 40 feet in height.
B. Wireless support structures shall be capable of supporting at least two small cell facility operators.
C. New wireless support structures shall have design elements as shown in Engineering Standard 1167.24:
1. Exception - If the neighborhood context would be better served by a pole of a different material, color, style, or base as determined by the Zoning Officer, then such design elements may be substituted with an alternate design element. Such determination shall be based on the following factors:
a. The design features of nearby poles serving in a similar capacity;
b. The design features of the existing or proposed streetscape, district, or site;
c. The historical context of a district or specific site;
d. A desire to camouflage or conceal the pole from view.
(2) Small cell facilities shall be subject to the following design standards:
A. The City reserves the right to require the following:
1. Antenna and all associated equipment shall be concealed to the extent deemed necessary by the Zoning Officer in response to the aesthetic context of the small cell facility. Some possible configurations include but shall not be limited to the following:
a. Antenna(s) associated with the first fitting on a wireless support structure shall be top-mounted and concealed within a radome that also conceals the cable connections, antenna mount and other hardware. The Zoning Officer may approve a side-mounted antenna with the initial fitting if, in the Zoning Offer's discretion, the sidemounted antenna would be more appropriate given the built environment, neighborhood character, overall site appearance and would promote the purposes of this Chapter.
b. GPS antennas be placed within the radome or directly above the radome not to exceed six inches.
B. Each Antenna and all associated equipment shall not exceed 6 cubic feet in volume.
C. All portions of a Small Cell Facility other than an antenna and as identified by the ORC 4939.01 (P)(2), shall not exceed 28 cubic feet in volume per facility.
D. Small cell facilities mounted to a wireless support structure shall be completely concealed within a common enclosure capable of containing at least two small cell facilities. Such common enclosures shall:
1. Not exceed 21 cubic feet in volume;
2. Not exceed 90 inches in height, 20 inches in width, or 20 inches in depth;
3. Not extend more than 24 inches away from the pole on which it is mounted;
4. Shall be centered on the vertical axis of the pole to which it is mounted;
5. Be mounted at a distance of at least 10 feet measured from grade to the bottom of the enclosure;
6. Be mounted on the side of the pole facing away from nearest traffic lane's direction of travel.
E. Such common enclosures shall have the following design elements:
1. Material-The enclosure material shall be metal, a composite, or an equivalent material as determined by the Zoning Officer.
2. Color- The enclosure shall match the color of the pole on which it is mounted unless the surrounding context of the small cell facility is better suited to another color, as determined by the Zoning Officer.
3. Style - The enclosure shall match the style, or lack thereof, of the pole on which it is mounted unless the surrounding context of the small cell facility is better suited to another style, as determined by the Zoning Officer.
4. Coordinated Design Elements- common enclosures when located within 5000' of an existing common enclosure shall match the design elements of the existing common enclosure unless the surrounding context of the small cell facility is better suited to an alternate design.
F. All ground mounted equipment shall be placed in an underground vault. No above grade ground mounted equipment in service of a small cell facility is permitted unless the following conditions can be satisfied as determined by the Zoning Officer:
1. The applicant has submitted clear and convincing evidence that the equipment cannot feasibly be pole-mounted, placed in an underground vault, or hidden within or integrated into an existing streetscape element (i.e. - bus stop shelter). Increased costs alone shall not be a consideration. If a ground mounted enclosure is approved, the Zoning Officer shall reserve the right to require any of the following conditions:
a. Concealed Enclosure - All equipment shall be completely concealed within a metal, composite, or equivalent material enclosure as determined by the Zoning Officer.
b. Smallest Size -The enclosure shall be no larger than necessary based on the smallest available size of the proposed equipment as determined by the Zoning Officer.
c. Camouflage - Camouflaging elements may be required. Such elements may include, but shall not be limited to, public art displayed on the enclosure, strategic placement in less visible or obtrusive locations, placement within an existing streetscape element, landscape screening, and strategic painting or coating to camouflage such enclosure or equipment.
2. The maximum height of any such enclosure shall be 30".
(Ord. 4497-18. Passed 6-19-18.)
1182.16 RESERVATION OF RIGHT-OF-WAY.
The City reserves the right to reserve space for future public safety or transportation uses in the Right-of-Way or on a wireless support structure or pole owned or operated by the City in a documented and approved plan in place at the time an application is filed. A reservation of space shall not preclude placement of a pole or collocation of a small cell facility. If replacement of the City's pole or wireless support structure is necessary to accommodate the collocation of the small cell facility and the future use, the small cell facility operator shall pay for the replacement of the pole or wireless support structure, and the replaced pole or wireless support structure must accommodate the future use.
(Ord. 4497-18. Passed 6-19-18.)
1182.17 NONCONFORMITY.
A nonconforming small cell facility and/or wireless support structure shall immediately lose its nonconforming designation and must be brought into compliance with all of the provisions of this Chapter, and all other applicable City laws and ordinances or be removed if any of the following conditions are present:
(a) The nonconforming small cell facility and/or wireless support structure or a part of the nonconforming small cell facility and/or wireless support structure is altered, modified, relocated, replaced, or changed in any manner whatsoever;
(b) The nonconforming small cell facility and/or wireless support structure is damaged or deteriorated and requires any process of reconstruction, repair, maintenance, or restoration, and the cost of said reconstruction, repair, maintenance, or restoration exceeds fifty percent of the small cell facility and/or wireless support structure's replacement cost;
(c) The nonconforming small cell facility and/or wireless support structure is abandoned. (Ord. 4497-18. Passed 6-19-18.)
1182.18 CONFLICT WITH OTHER PROVISIONS.
In the event that any other applicable law or code requires any more restrictive requirements, the most restrictive requirement shall control.
(Ord. 4497-18. Passed 6-19-18.)
1182.19 SEVERABILITY.
The provisions of any part of this chapter are severable. If any provision or subsection, or the application of any provision or subsection to any person or circumstances, is held invalid, the remaining provisions, subsection, and applications of such ordinance to other persons or circumstances shall not be made invalid as well. It is declared to be the intent of this section that the remaining provisions would have been adopted had such invalid provisions not been included in this Chapter when originally adopted by Council.
(Ord. 4497-18. Passed 6-19-18.)
1182.99 PENALTY.
Any violation of this Chapter shall be deemed a Zoning Violation as defined and penalized pursuant to the provisions of Chapter 1149.
(Ord. 4497-18. Passed 6-19-18.)