The purpose of this subchapter is to establish general guidelines for the siting of wireless telecommunications facilities to minimize adverse health, safety, public welfare and visual impacts to the community. The intent of this subchapter is to provide incentives to construct wireless communications facilities on existing structures and avoid new tower construction. The intent of the subchapter is also to:

   (A)   Encourage the location of wireless telecommunications facilities in nonresidential areas and minimize the total number of such communications facilities throughout the community,

   (B)   Encourage strongly the joint use of new and existing wireless telecommunications facility sites,

   (C)   Encourage the development of wireless telecommunications facilities in areas where adverse impact on the community is minimal,

   (D)   Encourage development of wireless telecommunications facilities in configurations that will minimize adverse visual impact, and

   (E)   Enhance the ability of providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

(Ord. 97-036, passed 5-20-97)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ANTENNA. Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

   HEIGHT. As used when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said point is an antenna.

   TOWER. Any structure that is designed and constructed primarily to support one or more antennas including self-supporting lattice towers, guy towers or monopole towers. This term includes radio and television transmission towers, microwave towers, common carrier towers, cellular, pcs (personal communications services) and similar service towers.

   WIRELESS TELECOMMUNICATIONS FACILITY. A facility consisting of the permanent structures, including towers and also antennas mounted on towers and buildings, equipment and site improvements involved in sending and receiving telecommunications or radio signals from a mobile communications source and transmitting those signals to a central switching computer which connects the mobile unit with land based or other telephone lines. WIRELESS TELECOMMUNICATIONS FACILITY shall not include temporary mobile transmission facilities which have less than a 24-hour operation in one location.

(Ord. 97-036, passed 5-20-97)

   (A)   The following uses are deemed to be exempt from conditional zoning regulations for § 154.543(A)(5) due to their ability to comply with the general intent and purpose of this subchapter:

      (1)   Locating a tower or antenna, including placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or C-3 Commercial District; provided, however, that such tower shall be setback from any existing residential zoning district a distance of 500 feet;

      (2)   Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower or other structure) that is 50 feet in height or greater, so long as said additional antenna adds no more than 20 feet to the height of said existing structure; and

      (3)   Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than 20 feet to the height of said existing tower and the total tower height after installation does not exceed a total height of 200 feet.

   (B)   Applications which do not meet the above criteria are subject to all regulations of §§ 154.542 through 154.546 in addition to this subchapter.

(Ord. 97-036, passed 5-20-97)

   (A)   Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For the purpose of determining whether the installation of an antenna or tower complies with district development regulations and these regulations, including but not limited to setback regulations, lot coverage requirements and other such requirements; the dimensions of the entire lot shall control even though the antennas or towers may be located on leased parcels within such lots. Towers or antennas that are installed in accordance with the provisions of this subchapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

   (B)   Minimum information required for application. In addition to the information required for all conditional zoning applications as defined in §§ 154.542 through 154.546 of this chapter, the following information is required for a complete application (applicants judged to comply with § 154.497 shall be exempt from providing items (1), (2), (6) and (7) below):

      (1)   Inventory of existing facilities. Each applicant shall provide as part of the conditional zoning application an inventory of its existing towers within two miles of the corporation limits of the city. The application shall also include specific information about the location, height and design of each tower or antenna. This information may be shared with the public with the recognition that no representation or warranting of availability or suitability of such sites for lease or other purposes is provided;

      (2)   Adjacent uses plot plan. Each applicant shall provide as part of the conditional zoning certificate application a plot plan which defines building locations, land uses and property ownership within 500 feet of a proposed tower or antenna. If an applicant has made a reasonable effort but has been unable to gain access to property to prepare a plot plan, the applicant may then provide an aerial photograph which shows the information otherwise required on the plot plan.

      (3)   Federal requirements. Each applicant shall provide as part of the application for conditional zoning certificate evidence of compliance with minimum Federal Communications Commission (FCC) requirements for radio frequency emissions, evidence of compliance with Federal Aviation Administration (FAA) standards for height and lighting and certificates of compliance from all required agencies;

      (4)   Building Code and safety standards. Each applicant for a conditional zoning certificate shall provide evidence that the tower has been designed to meet the minimum structural standards for antennas and facilities for a minimum of three providers of telecommunications services including the applicant. Information shall also include a description of the number and types of antennas the tower can accommodate. The applicant must also supply evidence, in the form of a soils report, which complies with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, to document design specifications of the foundation for the tower. All of the above evidence must be provided by a licensed professional engineer and comply with nationally accepted standards for tower and antenna design. Any pre-fabricated accessory building proposed must show evidence of an approval certificate from the State of Ohio;

      (5)   Evidence of lease agreement. Any applicant must demonstrate evidence of a lease agreement which clearly defines the premises leased for the wireless telecommunication facility. The lease must further describe in detail sufficient to the City Planning Commission the responsibility of the telecommunication service provider or the property owner with respect to demolition of the tower upon abandonment;

      (6)   Agreement for joint use of facilities. All applicants must provide written evidence of willingness to permit joint use (co-location) of other telecommunications service providers on the tower subject to reasonable and accepted standards for design and construction costs and lease rates; and

      (7)   Evidence of available suitable existing structures. Applicants must provide, as appropriate, information and evidence to justify new tower construction as defined in § 154.500.

(Ord. 97-036, passed 5-20-97)

   The Planning Commission shall consider the following factors when considering a conditional use application in addition to the goals and intent of this subchapter as defined in § 154.495:

   (A)   Height of the proposed tower;

   (B)   Proximity of the tower to residential structures and residential district boundaries;

   (C)   Nature and use of adjacent or nearby properties;

   (D)   Surrounding topography;

   (E)   Design of the tower to reduce visual obtrusiveness as required in § 154.502;

   (F)   Access to the tower; and

   (G)   Availability of suitable existing towers and structures as discussed in § 154.502.

(Ord. 97-036, passed 5-20-97)

   (A)   No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of the following:

      (1)   Evidence that no existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements;

      (2)   Evidence that the existing towers or structures are not of a sufficient height to meet the applicant's engineering requirements;

      (3)   Evidence that existing structures &towers do not have sufficient structural strength to support the applicant's proposed antenna and related equipment;

      (4)   Evidence that the applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing structures would cause interference with the applicant's proposed antenna;

      (5)   The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower construction are presumed to be unreasonable; and

      (6)   The applicant demonstrates other limiting factors that render existing towers and structures unsuitable.

   (B)   The above evidence must be provided and certified by a registered professional engineer and clearly demonstrate the evidence required. In addition, the evidence of a request for co-location by an applicant and the denial by the structure or tower owner must be presented to the Planning Commission in written form.

(Ord. 97-036, passed 5-20-97)

   (A)   All area and height regulations and other district regulations shall apply to use of a parcel by a wireless communications facility, including accessory equipment buildings. In addition, towers and antennas are subject to the following:

      (1)   Minimum tower setback. The tower shall be setback from public road right-of-way lines and other property lines a distance equal to the height of the tower in nonresidential districts and 2.5 times the height of the tower in residential districts.

      (2)   Maximum tower height. 200 feet.

      (3)   Adjacent tower separation. Towers 90 feet in height or higher may not be located within ½ mile of another tower which is 90 feet or higher in height.

   (B)   Site plans shall include the following minimum buffer plan:

      (1)   Fencing. A fence or other barrier a minimum height of six feet shall surround the facility including the tower and any accessory buildings.

      (2)   Landscaping. Existing vegetation shall be preserved to the maximum extent practical. Minimum new landscaping shall be an evergreen screen including trees with a maximum spacing of ten feet around the perimeter of the tower and accessory structure area. The landscaped area shall be a minimum of ten feet wide outside the fence area in nonresidential areas and a minimum of 20 feet wide outside the fence in residential areas.

   (C)   Vehicular access to the site shall, whenever feasible, be provided along the circulation driveways of the existing uses. Pavement materials and requirements shall be as required by the Planning Commission. The minimum standard permitted for paving materials shall be chip and seal paving.

(Ord. 97-036, passed 5-20-97)

   (A)   Tower type shall be limited to lattice self-supporting and monopole towers. No guy towers shall be permitted in the city.

   (B)   Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or FCC, be painted a neutral color, so as to reduce its visual obtrusiveness.

   (C)   The design of all buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and existing structures.

   (D)   All antennas and supporting equipment located on buildings or structures other than towers shall be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

   (E)   Towers shall not be artificially lighted unless required by the FAA, FCC or other applicable authority. If lighting is required, the Planning Commission shall review the lighting alternatives and approve the design that would cause the least disturbance to the surrounding areas. No strobe lighting of any type is permitted on any tower in the city unless mandated by the FAA.

   (F)   No advertising is permitted at wireless communications sites or on any structure.

(Ord. 97-036, passed 5-20-97)

   Any antenna or tower that is not used for a continuous period of 12 months shall be considered abandoned. The owner of such antenna or tower shall remove same within 90 days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove such abandoned tower shall result in declaring the structure a public nuisance. If there are two or more users of a single tower, then this section shall not become effective until all users cease using the tower.

(Ord. 97-036, passed 5-20-97)

   The owners of towers or antennas approved as a result of this subchapter shall provide to the Planning Commission evidence of an annual inspection of the premises for health, safety and general welfare concerns including structural stability, maintenance and other conditions established by the Planning Commission at the time of approval. The owner shall also provide copies of required FAA and FCC inspection and registration approvals on an annual basis. All annual reports shall include information regarding current users of the tower or antenna structure as well as date of abandonment if appropriate. All annual reports shall verify existence of valid and required performance guarantee as defined in § 154.506.

(Ord. 97-036, passed 5-20-97)

   The denial of a conditional zoning certificate by the Planning Commission for wireless communications facilities must be provided to the applicant in writing. Such written document must be supported by substantial evidence that the applicant did not comply with the intent and purpose of this subchapter as well as the specific provisions of this subchapter. Such document shall be signed by the Chairman of the Planning Commission.

(Ord. 97-036, passed 5-20-97)

   Prior to issuance of a conditional zoning certificate to erect a new tower structure, every applicant shall deposit with the city a performance guarantee which shall be conditioned upon compliance with this subchapter. The amount of the guarantee, not less than $5,000 nor more than 10% of construction costs, shall be set by the Planning Commission. Such guarantee shall be conditioned upon compliance with all aspects of this subchapter and must be applicable to any assignee and owner of any permit granted hereunder, or any employee, contractor, subcontractor or other party performing services in connection with any conditional zoning certificate issued under this chapter. The performance guarantee shall be released only upon demolition of the tower and restoration of the site to the pre-development conditions. The format of the guarantee shall be approved by the Director of Law.

(Ord. 97-036, passed 5-20-97)