Vermilion City Zoning Code

CHAPTER 1275

Wireless Telecommunications Towers and Facilities

1275.01 PURPOSE.

The purpose of this chapter is to provide for the common good and preserve the enjoyment of private property through the regulation of the construction, placement, and modification of wireless telecommunications systems, including telecommunications towers and associated facilities, while ensuring the ability of the consumer to use and enjoy telecommunications services of all types, and to protect the right of private and public enterprise to exercise free trade.

Furthermore, to the extent permitted by law, the City of Vermilion shall apply these regulations to specifically accomplish the following:

(a) To accommodate the need for wireless telecommunications towers and facilities to meet the public's demand for the use and convenience of wireless personal cellular and digital telecommunications service, while regulating their location and number in the City;

(b) To discourage the location of towers and facilities on residential land, while encouraging the location on City facilities, buildings, and structures, as well as permitting the location of towers in industrial and business zoning districts;

(d) To ensure towers and antennas are configured in such a way as to minimize adverse visual impact by design, careful siting, landscape screening, camouflaging, and innovative techniques brought about through the advance of science and technology;

(e) To avoid damage to adjacent properties from tower failure through competent engineering, construction, and erection of towers;

(f) To ensure that a competitive and broad range of wireless personal communications services and high quality telecommunications infrastructures are provided to serve the residents, businesses, public sector, and visitors to the City;

(g) To create and preserve a wireless telecommunications facilities system which will serve as an effective part of the City's emergency response network; and

(h) To accommodate the public's demand for present-day wireless personal communications services through these standards, so that changing technologies will continue to serve these needs, while concurrently preserving the City's aesthetic and ecological integrity, so that residents of the future may continue to enjoy the comfortable living standards of the Vermilion community.

(Ord. 99-46. Passed 10-24-99.)

1275.02 DEFINITIONS.

As used in this chapter, the following words and phrases shall have the following meanings:

(a) Antenna:

(1) (Generally): Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, when such system is either external to or attached to the exterior of a structure.

(2) Antenna, Building Mounted: Any antenna, other than one with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building-mounted mast, or similar structure, other than towers or antennas as defined by this chapter.

(3) Antenna, Directional: Also known as a "panel antenna", a device which transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees.

(4) Antenna, Ground-Mounted: Any antenna with its base, single or multiple posts, placed directly on the ground.

(5) Antenna, Omni-Directional: Any antenna which transmits and/or receives radio frequency signals in a 360-degree radial pattern.

(6) Antenna, Parabolic: Also known as "satellite dish antenna", a device which incorporates a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl, or saucer-shaped, and is used to transmit and/or receive electromagnetic or radio frequency communication signals in a specific directional pattern.

(7) Antenna, Portable: Any device used to transmit and/or receive electromagnetic frequency communications signals in a specific pattern, located on a portable or moveable base, to be placed for either temporary or long term use at a given site.

(8) Antenna, Wireless Telecommunications: Any antenna system designed to transmit and/or receive communications as authorized by the Federal Communications Commission (FCC), including amateur radio operators' antennas.

(b) Camouflage: The concealment of wireless telecommunications antennas and towers by means of mimicking other objects; to disguise with colors, foliage, etc., including the placement of such devices.

(c) Cellular: A wireless transmission technology which uses a grid of antennas (cell sites) to send and receive signals from mobile telephones.

(d) Cellular Telecommunications Service: Personal communications accessed by means of cellular equipment and services.

(e) Co-location: The use of a wireless telecommunications facility, comprising a single wireless telecommunications tower, building, or other structure permanently affixed to real property, by placing two or more antennas, disks, pods, or other similar devices used for telecommunications by more than one telecommunications provider, whether public or private.

(f) Co-usage: The addition of a wireless telecommunications tower, antenna, and/or other related facilities to an existing structure, building, apparatus, piece of equipment, or natural formation, such as a tree, not originally designed, engineered, or constructed as a telecommunications tower or related facility.

(g) Commercial Wireless Telecommunications Services: Wireless telecommunications services by private providers licensed by the FCC, including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public.

(h) District: A "district" as defined in Section 1260.06(45) of this Zoning Code; also a zoning classification.

(i) FAA: The Federal Aeronautics Administration.

(j) FCC: The Federal Communications Commission.

(k) Facility; Facilities: An entire wireless telecommunications site, including a tower, equipment building, parking area, and other structures and signs, or one or a combination of these objects and devices.

(l) Locate; Location: To place (or the placement of) a tower or related wireless telecommunications facility and incidental structures on a lot within the corporate boundaries of Vermilion.

(m) Lot: A "lot" as defined in Section 1260.06(68) of this Zoning Code.

(n) NIER: Non-ionizing electromagnetic radiation, that is, electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum.

(o) PCS: Personal communications services, typically wireless, digital transmission, or cellular telecommunications generally.

(p) Personal Wireless Telecommunications Service: Communications service provided by a commercial mobile service provider. It includes a common carrier wireless exchange access services, cellular services, and digital services.

(q) Place; Placement: To locate (a tower or related wireless telecommunications facility and incidental structures) on a lot.

(r) Premises: For purposes of this chapter, a zoning lot, or the immediate vicinity (of a tower and related wireless telecommunications facility), consisting of land and structures and appurtenances thereof.

(s) Provider: A private or public, including governmental and quasi- governmental, entity, licensed by the FCC, which provides wireless telecommunications services.

(t) Public Utility: Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For purposes of this chapter, telecommunications facilities of any kind shall not be considered public utilities.

(u) Quasi-Public: Owned or controlled at least in part by a governmental entity, or public non-profit agency or organization duly authorized by law.

(v) Radio Frequency (RF): Any of the electromagnetic wave frequencies that lie in the range extending from below three kilohertz to about 300 gigahertz and that include frequencies for radio, television, and wireless telecommunications.

(w) Residential District: For purposes of this chapter, all land within the corporate boundaries of the City of Vermilion zoned for residential use.

(x) Structure: Any man-made building or object affixed to a lot.

(y) Telecommunications: All communications services and the use thereof, whether by means of public or private providers, including cellular telecommunications, personal wireless services, and amateur radio broadcasting, by any transmission, emission, or reception of signals, writing, images, and sounds, or information of any nature by wire, radio, visual, or the electromagnetic system.

(z) Telecommunications Act of 1996: Public Law 104-104, as adopted by the Congress of the United States, February 8, 1996, as may from time to time be amended. This law is the basic law governing wireless telecommunications.

(aa) Tower:

(1) (Generally): Any ground or above ground mounted pole, spire, structure, or combination thereof, taller than fifteen feet, including supporting lines, cables, wires, braces, or masts, and including smoke stacks, water towers, and other similar structures which can accommodate the mounting of an antenna, meteorological or telecommunications device, or similar apparatus above ground.

(2) Multi-User: A tower to which is attached the antennas of more than one wireless telecommunications service provider, including a governmental entity, or other similar provider.

(3) Single-User: A tower to which is attached only the antenna(s) of a single provider, although such tower may be designed to accommodate the antennas of multiple users.

(4) Lattice: A support structure constructed of vertical metal struts and cross braces forming a triangular or rectangular structure which often tapers from the foundation to the top.

(5) Monopole: A support structure constructed of a single, self-supporting pole or similar device securely anchored to a foundation, not necessarily the ground.

(6) Cellular or Wireless Communications: Any tower as defined in this chapter used to support a cellular or wireless telecommunications antenna(s). Such tower may be a mast, pole, monopole, guyed tower, lattice tower, free-standing tower, or other structure designed and primarily used to support antennas. When a building permanently affixed to real property is used to support a device as defined in this ordinance as a tower, and that device extends above the highest point on such building by more than fifteen feet, and used for telecommunications purposes, the building and device so extending, shall be considered a tower under this chapter.

(bb) Wireless Telecommunications: For purpose of this chapter, means the same as "telecommunications", "personal communication system(s)", "PCS", or "communications".

(cc) Wireless Telecommunications Equipment Building (Equipment Building): The structure in which the electromagnetic receiving and relay equipment for a wireless telecommunications facility is housed.

(dd) Wireless Telecommunications Facility (Facility; Facilities): The facility 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.

(ee) Zoning District: A zoning district established by the Charter of the City of Vermilion and/or any of its duly adopted zoning regulations; for purposes of this chapter, is synonymous with "zoning classification".

(Ord. 99-46. Passed 10-24-99.)

1275.03 TOWERS.

(a) Location Criteria. Wireless telecommunications facilities, towers, and related structures may be located in any zoning district, as established by Chapter 1268 and as defined in Chapter 1270 of this Planning and Zoning Code, and located according to the Official Zoning Map, as a conditional use per Section 1280.10. Generally, wireless telecommunications towers are objectionable in residential areas because their use is industrial in nature, and may be objectionable in the community at large because they are frequently considerably taller that surrounding structures, causing them to be seen from long distances. Their location is therefore regulated as permitted by the Telecommunications Act of 1996, as may from time to time be amended. Prior to approval, the provider shall demonstrate by clear and convincing evidence that if towers and related wireless telecommunications facilities are located in the City of Vermilion, they shall not adversely affect the natural or man-made environment or the architectural setting, and that their location shall not pose a reasonable risk to the health and safety of residents.

(1) Priority. In order to accommodate the communications needs of residents and businesses while protecting the health, safety, and general welfare, the City of Vermilion recommends and encourages the placement of wireless telecommunications facilities and towers in non-residential areas, in the following order of preference:

A. City-owned property.

B. Industrial areas.

C. Quasi-public areas.

D. Business districts, excluding the Harbour Town Historic District, as outlined in paragraph (a)(10) hereof.

E. Other non-residential districts deemed appropriate by review of the Planning Commission and approval of City Council.

(2) Sole use on a lot. A wireless telecommunications tower and related facilities are permitted as the sole use on a lot, and may be permitted, by approval of the Planning Commission, on lots containing other uses where existing structures enable co-usage, including on City-owned property.

(3) Placement in residential zoning districts. In order to locate wireless telecommunications towers and related facilities in residential zoning districts, the applicant service provider shall demonstrate to the Planning Commission that there is sound technical and geographic reasons for doing so, such as: (i) written verification that offers to co-locate with other providers or placement as a co-usage with other structures within Vermilion or neighboring communities have proven ineffective, or (ii) evidence that, in order to provide wireless telecommunications services to the residents and businesses in a manner that serves their best interests, such towers and facilities may only be placed in a residential zoning district.

(4) Co-location and co-usage. In residential zoning districts, co-location and co-usage shall be explored as the primary means of locating towers and/or antennas. When a wireless telecommunications facility is located in conformity with this chapter, and the antenna(s) is (are) placed as a co-usage and is (are) attached to an institutional, recreational, public utility, office, industrial, or commercial structure or building, equipment and apparatus supporting a facility shall be stored on the premises inside the wireless telecommunications equipment building or other structure on the premises of the facility.

(5) Setbacks. For purposes of this chapter only, any provision of this Planning and Zoning Code notwithstanding, the setback for a tower of any variety, including monopole, shall be measured from the base of the tower at the point where it is placed in the ground to the property line. The exception to this regulation is when a tower or antenna is placed or affixed as a co-usage, in which case the setback shall be measured from the base of the tower or antenna at the point where it is placed on the existing structure to the property line.

A. An equipment building and all other structures, except the tower, shall be set back the minimum distance required in the zoning district.

B. Except as provided in paragraphs (a)(3)D. and E. hereof, in industrial zoning districts, the setback for the tower shall be at least fifty percent of the total height of the tower. A minimum of seventy-five feet shall be required.

C. Except as provided in paragraphs (a)(3)D. and E. hereof, in non- industrial zoning districts, the setback for the tower shall be seventy-five percent of the total height of the tower. A minimum of seventy-five feet shall be required.

D. In any zoning district where the lot on which a tower is located abuts another lot on which is located a school of any type, including institutions of higher learning beyond high school level, public or private parks (but not including golf courses), hospitals, playgrounds, day care centers, health centers, or other human services and educational uses, the setback for a tower shall be equal to the total height of the tower.

E. In any zoning district where a lot on which a tower is located abuts any lot within a residential zoning district of any classification, the setback for a tower shall be equal to the total height of the tower.

F. Guy wires may be anchored within the required setback area only if the tower itself is placed in conformity with this chapter regarding setbacks, but guy wires and other similar supporting devices shall be not less than ten feet from any adjoining lot, regardless of the underlying zoning district.

(6) Amateur radio towers. Towers supporting amateur radio antennas and conforming to all applicable provisions of this chapter shall be permitted in residential zoning districts, but not as a sole use of a lot, and only in the rear yard of such parcels, as defined in this Planning and Zoning Code.

(7) Government placement. The City of Vermilion and any other governmental entity may locate wireless telecommunications towers and related facilities in residential zoning districts, even as the sole use of the lot, but only on publicly owned property. The City of Vermilion may contract with private wireless telecommunications service providers to locate a tower and related facilities on City-owned property in residential zoning districts, provided that all provisions of this chapter are followed.

(8) Open space. Wireless telecommunications towers and related facilities are permitted on land which has been established as permanent open space or a park, subject to the following conditions:

A. In order to locate wireless telecommunications towers and related facilities in permanent open space or park lands, the applicant/service provider shall demonstrate to the Planning Commission that there is sound technical and geographic reasons for doing so, such as: (i) written verification that offers to co-locate with other providers or placement as a co-usage with other structures within Vermilion or neighboring communities have proven ineffective, or (ii) evidence that, in order to provide wireless telecommunications services to the residents and businesses in a manner that serves their best interests, such towers and facilities may only be placed in open space or in park lands.

B. The open space shall be owned and overseen by the City of Vermilion, Lorain and Erie Counties, the State of Ohio, the United States of America, other governmental or quasi-governmental agencies, a private homeowners association, or a private, non-profit conservation organization.

C. In permanent open space or park lands, all towers shall be camouflaged using the best and most advanced techniques possible, pursuant to paragraph (c)(5) hereof. This provision cannot be waived by the Planning Commission.

D. Other setback provisions of this chapter notwithstanding, the tower shall be set back a minimum of 200 feet from any single family residential zoning district, as defined per Chapters 1268 and 1270 of this Planning and Zoning Code.

(9) Subordinate to surrounding uses. Towers and related wireless telecommunications facilities shall be placed, constructed, and modified subordinate and in deference to the use of private, residentially zoned or used property, by minimizing the visual effect on adjoining and vicinity residential properties, and to minimize the visual, often unattractive, impact towers and related wireless telecommunications facilities create when viewing them from a distance.

(10) Harbour Town Historic District. Wireless telecommunications towers and related facilities shall be prohibited from locating within the Harbour Town Historic District as defined in Section 1224.01 of this Planning and Zoning Code, except as a co-usage with existing facilities and structures. As it is in the interest of the residents of the City of Vermilion to preserve and protect the valuable historic buildings, neighborhoods, and authenticity of the Harbour Town Historic District, the location of a wireless telecommunications tower of any variety, as a sole use on a zoning lot, shall be strictly prohibited. The requirement of co-usage with existing facilities, such as buildings, water towers, etc., shall be the only permissible location of wireless telecommunications towers and related facilities within the boundaries of the Harbour Town Historic District. In the Harbour Town Historic District, all towers, antennas, and related facilities shall be camouflaged using the best and most advanced techniques possible, pursuant to paragraph (c)(5) hereof. This provision cannot be waived by the Planning Commission.

(11) Interrelationship of towers and related structures. A tower and its related wireless telecommunications equipment building and other structures, landscaping, and other features, if any, shall be located on a single zoning lot. The provider shall locate a tower and related wireless telecommunications facilities only on a zoning lot of sufficient dimensions and conditions to accommodate the overall facility, tower, etc., so that all minimum setbacks and other zoning requirements of the underlying zoning districts are met.

(b) Design Criteria.

(1) Co-location ability. Any wireless telecommunications tower shall be designed, structurally and electrically, to accommodate both the applicant's antenna and, at a minimum, comparable antennas for at least two additional service providers if the tower is at least 100 feet in total height, or for one additional service provider if the tower is at least thirty feet in total height. Towers shall be designed to allow for future rearrangement of antennas on the tower and to accept antennas mounted at various heights.

(2) Maximum height. The maximum height of a tower shall not exceed 200 feet, unless a technically sound and required reason for locating a higher tower is demonstrated to the satisfaction of the Planning Commission and the City Council to be in order, on a case by case basis, by the wireless telecommunications service provider making the request. Approval for other similar projects does not necessarily constitute a technically sound and required reason for subsequent projects; therefore, service providers are cautioned to develop proof and reasoning independent of other projects. When a higher tower is required by a provision of law consistent with the Telecommunications Act of 1996, as may from time to time be amended, the provider shall submit written verification of such fact. Towers less than 200 feet in height are especially encouraged. Wireless telecommunications towers higher than 200 feet or located within 2,500 feet of any airport runway, public or private, shall be registered with the FAA. The provider/operator of such tower shall submit written verification of such registration with the FAA.

(3) Underground facilities. Underground wireless telecommunications equipment buildings are especially encouraged, especially on zoning lots in, or abutting, residential zoning districts where a tower is placed.

(1) Landscaping. All towers and related wireless telecommunications facilities shall be located in a landscaped setting. A landscaped buffer area of not less than ten feet in depth shall be placed between the wireless telecommunications facility and the public right-of-way, residential zoning district, and any adjacent residential use, regardless of the underlying zoning district thereof. Such buffer area shall, at a minimum, consist of dense foliage and vegetation, of at least partially evergreen species, not less than six feet in height. Landscaping shall be continuously maintained and promptly reconditioned, if necessary. Other landscaping may be required by the Planning Commission. The arrangement of landscaping and the overall design thereof within a zoning lot on which a wireless telecommunications tower and related facility is placed may be considered by the Planning Commission.

(2) Fencing. Screened fencing shall be provided for appearance, public safety, and personal security, according to the following requirements:

		Minimum (in ft.)	Maximum (in ft.)
A.	Height. Any residential zoning district	3	6
	Any commercial zoning district	3	8
	Any industrial zoning district	3	8

B. Type. In any zoning district, the screened fencing shall consist of a chain link fence, as defined in this Planning and Zoning Code, for the underlying zoning district. Fencing in an industrial zoning district may be capped with barbed wire a maximum of twelve inches. The barbed wire portion, if any, shall be included in the measurement of the total height of such fencing.

C. Color. Fencing may be unpainted or painted to blend into the surrounding area.

D. Security. Access to the tower and related wireless telecommunications facilities shall only be through a locked gate, properly maintained and secured twenty-four hours per day. The City of Vermilion shall not be responsible for any damage to the tower or other auxiliary structures, and shall be held harmless from any liability of any kind relating to damage, destruction, misfeasance of the tower or auxiliary structures, and from any personal injury to any party whomever.

(3) Illumination. Lighting shall be required for that part of towers in excess of 100 feet, or as otherwise required by the FAA. When such lighting is required by the FAA or other governmental authority, and the zoning lot on which a tower is located abuts any residential zoning district, it shall be oriented inward of the zoning lot and shall not project, or be cast, onto any or all abutting zoning lots within residential zoning districts. Except as previously detailed or as required by law or safety factors as determined by the City of Vermilion, an antenna or tower shall not be illuminated, and lighting fixtures or signs, other than those sanctioned by this chapter, shall not be attached to an antenna or tower. Security lighting shall be permitted for the wireless telecommunications equipment building and other auxiliary structures, if any. Any permitted lighting shall be situated and directed so as not to emit light directly or indirectly onto any adjoining residential property, and, in any zoning district, such lighting shall be designed, placed, and directed to minimize its emission and glare onto any adjoining property.

(4) Signs, symbols/logos, advertising, identification. Identification of towers and related wireless telecommunications facilities shall be permitted if required by the FCC, the FAA, the Federal or State EPA, OSHA, or other governmental agency for regulation or identification purposes, as necessary, pursuant to the Telecommunications Act of 1996, as may from time to time be amended, or other applicable law. The City of Vermilion shall be permitted to require identification signs. A tower or related wireless telecommunications facility shall contain no symbols/logos whatever. The fencing surrounding the wireless telecommunications equipment building shall contain the appropriate number of signs to warn the public of danger and, also, at least two signs stating "NO TRESPASSING", and a sign identifying the wireless telecommunications service provider, of a type, size, and color as approved by the Planning Commission. No advertising whatever shall be permitted on towers or related wireless telecommunications facilities, unless required by law. All such signs shall be permanently attached to the tower or other wireless telecommunications structure and shall be placed at least four feet above grade. The only colors permitted shall be black, white, red, yellow, orange, or any combination of these colors. Signs shall not be illuminated in any manner. Luminous paint may be used on signs, if approved by the Planning Commission.

(5) Camouflaging.

A. The Planning Commission may require additional landscaping as part of a camouflage plan. Camouflaging of towers is especially encouraged in all zoning districts, but shall be required using the most advanced techniques possible in all residential zoning districts.

B. Camouflaging may take the form of erecting a tower which resembles or mimics another object, such as a tree or flag pole. Camouflaging may also consist of placing antennas on existing structures such as water towers or buildings in such a way that they are not easily detected and cannot be seen by the naked eye from a long distance. Antennas may be placed on trees, if technically feasible, and if such placement would provide wireless telecommunications services to the residents and businesses of Vermilion equal to that if such antennas were placed on towers. If antennas are placed on trees, they shall be camouflaged.

C. A building or other structure may be a prop only, that is, unused and unusable as anything but a device to camouflage an antenna. It shall be aesthetically pleasing and maintained continuously.

D. Camouflaging, whatever variety and however employed, shall be of a type compatible with the immediate surrounding area and the City at large in color, design, material, appearance, and its method of mimicry. For example, an artificial oak tree, 100 feet in height would satisfy this requirement. An artificial palm tree would not.

E. Antennas may be placed on facades of buildings if colored and designed to match the color, texture, and style of the building to which it is attached, and shall be attached at least twenty-five feet above grade.

F. Wireless telecommunications towers and related facilities shall not be located in the district known as "the Harbour Town Historic District" as defined in Section 1224.01 of this Planning and Zoning Code, or any other district which shall become so designated as a historically and/or architecturally significant district, or as a special district recognized and set apart as significant to the community's heritage or traditions, unless it is proven that in order to provide wireless telecommunications service, such towers or facilities may not be located elsewhere within Vermilion. Any tower and related wireless telecommunications facilities permitted in such district shall be located as a co-usage with existing facilities and structures. As it is in the interest of the residents of the City of Vermilion to preserve and protect the valuable historic buildings, neighborhoods, and authenticity, the location of a wireless telecommunications tower of any variety, as a sole use on a zoning lot, shall be strictly prohibited. The placement as a co-usage with existing facilities such as buildings, water towers, etc., shall be the only permissible location of wireless telecommunications towers and related facilities within the boundaries of the Harbour Town Historic District. Any tower and related wireless telecommunications facilities shall be camouflaged in such districts.

(6) Colors of towers. All towers of any type shall be of a color which blends into the natural color of the immediate area or skyline, but shall not be painted at all, if by coloring the tower, it would be more visible to the naked eye from a long distance than if it were erected in the ordinary tone of its construction materials, such as the grayish color of galvanized steel. If towers are painted, they shall be maintained within the requirements of the City's property maintenance codes.

(Ord. 99-46. Passed 10-24-99.)

1275.04 CERTIFICATION BY A REGISTERED STRUCTURAL ENGINEER.

Prior to approval of a site plan to construct and locate a wireless telecommunications tower and related facility, an independent certified structural engineer shall be engaged by the City, whose services shall be paid for in total by the applicant pursuant to the guidelines established in Section 1275.15, "Application Fees". The applicant may also be responsible for obtaining independent opinions of other technical experts for the purpose of verifying the safety and structural integrity of towers and other wireless telecommunications facilities, including, but not limited to, representatives of the FCC, the FAA, and a person qualified to certify the safety of and comment upon radio frequency emission, in a manner as determined acceptable to the City, as directed by the City Engineer.

(Ord. 99-46. Passed 10-24-99.)

1275.05 REGISTRATION OF WIRELESS TELECOMMUNICATIONS PROVIDERS.

All wireless telecommunications service providers, including governmental, public, and quasi-public providers, who operate or propose to operate within the corporation limits of Vermilion, shall register with the City Building Inspector on terms and in a manner prescribed by the City Building Inspector. At a minimum, the following information shall be required:

(a) The identity and legal business designation (i.e. sole-proprietor, partnership) of the provider, including business affiliations.

(b) The name, address, phone number, fax number, and electronic mail address (if available) of the officer, agent, or employee responsible for the accuracy of the registration statement. It shall be the responsibility of the provider to keep this information current.

(c) A narrative and map description of all the provider's existing or proposed wireless telecommunications towers and related facilities in Vermilion and elsewhere.

(d) A description of the wireless telecommunications services the provider intends to provide, or is currently offering anywhere.

(e) Written information sufficient in the opinion of the City Building Inspector to verify that the provider has applied for and received certification and approval as a licensed wireless telecommunications provider by the FCC to operate in the State of Ohio.

(f) Any other information reasonably related to the application and the probable, substantive effects of locating a wireless telecommunications tower and related facility in Vermilion, as may be required by the City Building Inspector.

(Ord. 99-46. Passed 10-24-99.)

1275.06 ROADS AND PARKING.

(a) All zoning lots on which are located towers and related wireless telecommunications facilities shall abut a public right-of-way.

(b) Existing or new roads shall be used for access. Their type and construction shall be regulated by Section 1248.09 and Chapter 1250 of this Planning and Zoning Code.

(c) If available, existing parking shall be used and not expanded. Each zoning lot on which is located a tower and related wireless telecommunications facilities shall have sufficient parking to accommodate service of the site. A minimum of one parking space and a maximum of three parking spaces shall be provided. If the tower and related wireless telecommunications facilities are placed as a co-usage, the parking requirements shall be in addition to all parking spaces required for the original structure Parking shall appear on the site plan for the wireless telecommunications facility as detailed pursuant to Chapter 1246 of this Planning and Zoning Code and shall comply with the specifications and requirements as set forth in Section 1276.02 of this Planning and Zoning Code. If the wireless telecommunications facility is fully automated, a minimum of two parking spaces shall be required for maintenance workers. If the site is not fully automated, then the maximum of three shall be permitted.

(Ord. 99-46. Passed 10-24-99.)

1275.07 ACCESSORY BUILDINGS.

(a) All accessory or utility buildings and structures, not a tower or related wireless telecommunications facility as defined per this chapter shall be architecturally designed to blend in with the surrounding area and shall meet the minimum setback requirements of the underlying zoning district.

(b) Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the surrounding neighborhood.

(d) The maximum size of the wireless telecommunications equipment building shall not exceed 300 square feet, or, if more than one is located on a given zoning lot, they shall not exceed 700 square feet in the aggregate.

(Ord. 99-46. Passed 10-24-99.)

1275.08 DEMONSTRATION OF NECESSITY.

(a) To assure that the City's and the public's objectives of limiting the placement and number of towers, antennas, and related wireless telecommunications facilities within the community are achieved, the wireless telecommunications service provider requesting permission to locate a tower and related wireless telecommunications facilities, shall produce: (i) written evidence of contact with all wireless telecommunications service providers who supply service within the distribution sphere of the proposed facility, (ii) written verification that offers to co-locate with other providers or placement as a co-usage with other structures within Vermilion or neighboring communities have proven ineffective, and (iii) evidence that, in order to provide wireless telecommunications services to the residents and businesses in a manner that serves their best interests, such towers and facilities may only be placed in the proposed location.

(b) To evaluate the need for a tower, antenna, and related wireless telecommunications facility at a particular location, the City may contract with a competent expert to assist in making such a determination. The costs associated with such evaluation shall be fully paid by the applicant/provider in accordance with Section 1275.15, "Application Fees".

(Ord. 99-46. Passed 10-24-99.)

1275.09 EXPANSION OF NON-CONFORMING USE.

A wireless telecommunications tower or related facilities, either co-location, new tower, or as a co-usage on an existing structure, shall not be considered an expansion of a non-conforming use pursuant to Section 1280.02 of this Planning and Zoning Code.

(Ord. 99-46. Passed 10-24-99.)

1275.10 INVENTORY AND TRADING.

The Chief Building Inspector may compile a list of all tower and related wireless telecommunications facilities, logging by use of a map and file, and may update such map and file from time to time, based on relevant information furnished by the wireless telecommunications providers, or others.

(Ord. 99-46. Passed 10-24-99.)

1275.11 NON-IONIZING ELECTROMAGNETIC (NIER) EXPOSURE.

No wireless tower or related wireless telecommunications facility shall be located in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health, including, but not limited to, human or animal exposure to non-ionizing electromagnetic radiation. A wireless telecommunications facility shall not produce at any time power densities which exceed the American National Standards Institute (ANSI) c95.1-1992 standard for human exposure, or any more reasonably restrictive standard subsequently adopted or promulgated by the City of Vermilion, Lorain and Erie Counties, the State of Ohio, or the United States of America.

(Ord. 99-46. Passed 10-24-99.)

1275.12 ABANDONMENT.

Any antenna, tower, or related wireless telecommunications facility which is not operated for its intended purpose for a period of 180 days shall be considered abandoned, and the tower and antenna(s) shall be removed at the expense of the wireless telecommunications provider within ninety days of the issuance date of notice from the Chief Building Inspector of the City of Vermilion to remove such tower and antenna(s).

(Ord. 99-46. Passed 10-24-99.)

1275.13 SUPPLEMENTAL PROVISIONS.

(a) The City of Vermilion may lease or rent space on towers to other public or private wireless telecommunications providers for the purpose of placing antenna(s) to provide separate wireless telecommunications services. Fees for such lease or rental, even amounts in excess of cost, shall be permissible, if reasonably related to the maintenance of wireless telecommunications towers and facilities and mitigation of any adverse impacts thereof.

(b) The City of Vermilion may prepare and use public lands for wireless telecommunications towers and related facilities for the purpose of providing for modern, effective wireless telecommunications services for the public and regulating their location to promote the general welfare.

(Ord. 99-46. Passed 10-24-99.)

1275.14 APPROVAL PROCEDURE.

(a) Application for approval to locate towers, antennas, and related wireless telecommunications facilities shall be controlled as set forth for conditional use regulations, Section 1264.03(c), and the applicant/provider shall apply for a zoning certificate as set forth for zoning certificates and site plan requirements in Section 1262.07 of this Planning and Zoning Code. This requirement shall not apply to the co-usage of wireless telecommunications facilities and towers on City-owned property, as set forth in subsection (d) hereof.

(b) In addition to the requirements stated in subsection (a) hereof, the following shall be submitted in an application for approval.

(1) A written document certifying that the applicant is a wireless telecommunications service provider licensed by the FCC.

(2) A report from a certified, structural engineer which:

A. Describes the tower height and design, including a cross-section and elevation;

B. Documents the total tower height and its potential for mounting positions for co-located antennas, their minimum separation distances, and general ability for accommodating co-location;

C. Documents what steps the applicant will take to avoid interference with established public safety telecommunications;

D. Certifies that the tower is structurally sound and if it should fail, under what conditions it might fail, and the likely result thereof; and

E. Includes the structural engineer's stamp and registration number.

(3) For all commercial wireless telecommunications service providers, a letter of intent committing the provider or tower owner and his or her successors and assignees, to permit co-location if technically feasible, and if another provider agrees in writing to meet reasonable terms and conditions of co-location.

(4) A report from a certified electrical engineer or other professional having the expertise to attest to the electrical and radio frequency safety of an antenna receiving or transmitting radio waves associated with wireless telecommunications. Such report shall include a statement regarding levels of non-ionizing electromagnetic radiation (NIER) pursuant to Section 1275.11 of this chapter by an individual qualified to make such statement. The qualifications of such individual shall be submitted in writing with the report.

(c) Because of the complex nature of the required reports and the need the several reviews by the City Engineer, the Chief Building Inspector, the Planning Commission, the Zoning Board of Appeals, outside consultants, and others as should become necessary, the normal deadlines imposed upon such City officials by other chapters of this Planning and Zoning Code shall not apply. The Planning Commission shall have 180 days from receipt of the initial, complete, application to take action on such.

(d) Co-usage by placement on City-owned property shall not be subject to the approval procedure as set forth in this section. All application requirements shall be the same and all shall be subject to administrative review and approval of a two-thirds majority vote of City Council.

(Ord. 99-46. Passed 10-24-99.)

1275.15 APPLICATION FEES.

An applicant/provider shall deposit with the City of Vermilion a refundable application review deposit in the amount of five thousand dollars ($5,000). Fees, as determined to be the actual costs for engineering, site review, and contracted agents retained in processing and reviewing the application, shall be deducted from such deposit for the purpose of reimbursing the public for the time incurred and the skills employed by officials as set forth by the Director of Public Finance of the City of Vermilion. This is in addition to the Planning Commission (zoning certificate) and the Zoning Board of Appeals (conditional use variance) fees as required by the provisions of this Planning and Zoning Code for site plan review to process an application to locate a tower, antenna, or related wireless telecommunications facility in Vermilion. All funds remaining from said deposit shall be refunded to the applicant/provider at the direction of the Director of Public Finance of the City of Vermilion.

(Ord. 99-46. Passed 10-24-99.)

1275.16 LEASING BY THE CITY; BUSINESS FEES.

The City of Vermilion may lease or rent, at prevailing market rates, the use of existing or new towers and related wireless telecommunications facilities to private or public service providers for co-location of antennas. A private or public service provider, or the City of Vermilion, may be the sole user of a tower, antenna, or related wireless telecommunications facility. The City of Vermilion may itself lease or rent, or construct, place, modify, and/or maintain, towers and related wireless telecommunications facilities on public or private property for exclusive or shared operations with other private or public service providers, and may charge any rents, fees, or permits in a manner as would a private wireless telecommunications service provider under similar business circumstances.