These regulations are established to provide for the construction and use of wireless telecommunication towers and facilities. The purpose of these regulations is to balance the competing interests created by the Federal Telecommunications Act of 1996, Public Law 104-104, and the interests of the Village in regulating wireless telecommunication towers and related facilities. Specifically, these regulations are intended to achieve the following purposes:

   (a)   To protect property values;

   (b)   To accommodate the need for wireless telecommunication facilities while regulating their location and number in the Village;

   (c)   To provide for and protect the health, safety and general welfare of the residents of the Village;

   (d)   To minimize any adverse visual effects of wireless telecommunication facilities through careful design and screening;

   (e)   To promote collocation of wireless telecommunication facilities in order to decrease the number of towers in the Village; and,

   (f)   To maintain the aesthetic appearance of the Village.

(Ord. 2009-17. Passed 9-15-2009.)

   As used in this chapter, the following words and terms shall have the meanings respectively ascribed to them:

   (a)   “Collocation.” The use of a wireless telecommunications facility by more than one wireless telecommunications provider.

   (b)   “Lattice tower.” A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.

   (c)   “Monopole.” A support structure constructed of a single, self supporting hollow metal tube securely anchored to a foundation.

   (d)   “Open space.” Land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).

   (e)   “Telecommunication.” The technology which enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems.

   (f)   “Wireless telecommunications antenna.” The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.

   (g)   “Wireless telecommunications equipment shelter.” The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

   (h)   “Wireless telecommunications facility.” A 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.

   (i)   “Wireless telecommunications tower.” A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles and guyed and lattice construction steel structures.

(Ord. 2009-17. Passed 9-15-2009.)

   Prior to the issuance of a building permit by the Building Department, a special permit shall be approved by the Planning Commission and confirmed by the Legislative Authority by four votes.

(Ord. 2009-17. Passed 9-15-2009.)

   In addition to the following, refer to current adopted PRB-1.

   (a)   A new wireless telecommunications antenna and/or tower may be located in the Industrial Zoning District (I-2). It shall be subject to the regulations set forth in this chapter and the regulations of the Industrial Zoning District (I-2).

   (b)   A wireless telecommunications antenna may be located in the Country Home Zoning District so long as it is not associated with a wireless telecommunications tower and is part of an existing structure. It shall be subject to the regulations of this chapter and of the Country Home Zoning District.

   (c)   Neither a wireless telecommunications tower nor a wireless telecommunications antenna associated with a wireless telecommunications tower shall be located within 300 feet of any residentially zoned land.

   (d)   There shall be a separation of at least 1,320 feet between wireless telecommunications towers.

   (e)   Wireless telecommunications antennas and/or wireless telecommunications towers located on Village owned property may be located in any zoning district without the restrictions set forth in this chapter.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   Applicants shall submit ten sets of the following documents to the Zoning Administrator which shall cause the applicant's request to be placed on the Planning Commission's agenda for preliminary approval of the proposed wireless telecommunications antenna and/or wireless telecommunications tower site:

   (b)   A list of the location of every wireless telecommunications tower, building or structure within the selected search area, including adjacent communities that could support the proposed wireless telecommunications antenna so as to allow it to serve its intended function.

   (c)   Evidence that a technically suitable location is not reasonably available on an existing wireless telecommunications tower, building or structure, within the selected search area, including adjacent communities, if the proposed site is a new site.

   (d)   Documentation that a reasonable offer has been made to the owners of all other wireless telecommunications towers located within the selected search area, including adjacent communities to collocate a wireless telecommunications antenna on their wireless telecommunications tower and that such reasonable offers have been rejected or said wireless telecommunications towers are not available if the proposed site is a new site.

   (e)   The Planning Commission shall review the submitted documents and shall approve a location, or request the applicant to submit additional locations and return to the Planning Commission as many times as is necessary to approve a location that meets the intent of this chapter.

   (f)   After the Planning commission has given preliminary site approval, the applicant shall submit ten sets of documents that fully comply with the provisions of this chapter, as well as any other information deemed necessary by the Planning Commission to the Zoning Administrator which shall cause the applicant's request to be placed on the Legislative Authority's agenda for consideration of a special permit.

(Ord. 2009-17. Passed 9-15-2009.)

   Prior to applying for a special permit the applicant shall submit a nonrefundable fee to the Zoning Administrator in an amount set forth in Chapter 208 of the Administration Code (the General Fee Schedule) to cover costs for a registered professional to review the project for compliance with all Federal, State and local regulations as deemed necessary by the Planning Commission.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   Only the following types of wireless telecommunications antennas and/or wireless telecommunications tower installations may be permitted under this chapter:

      (1)   Wireless telecommunications antennas attached to a permitted institutional, recreational, public utility, office, industrial or commercial building or structure, provided the wireless telecommunications antenna does not exceed the highest point of the structure and the transmission and receiving equipment is stored inside the existing building or structure.

      (2)   A wireless telecommunications monopole not greater than 200 feet in height from grade, unless a lesser height is technically feasible to service the geographical service area of the applicant as well as the collocation of additional wireless telecommunication antennas, and the transmission and receiving equipment is stored inside a building constructed for the purpose. Regardless of the technical feasibility of a lower height, all applicants shall be required to install a base which shall support a wireless telecommunications tower not greater than 200 feet so as to accommodate future collocation users. No lattice tower structures shall be approved.

   (b)   All structures shall be permanently affixed to a foundation that is designed to have an indefinite duration.

(Ord. 2009-17. Passed 9-15-2009.)

   The following standards shall apply to all wireless telecommunications facilities and wireless telecommunications equipment buildings. These general standards shall be considered by the Planning Commission, and the Legislative Authority's determination as to whether or not a special permit will be issued for a wireless telecommunications antenna and/or wireless telecommunications tower will depend upon the applicant's demonstration of compliance with such standards.

   (a)   A plot plan or aerial photographs, including all existing buildings and structures within five hundred feet, shall be required at a scale not less than one inch is equal to one hundred feet. The plot plan shall include the subject lot, premises or parcel of land, and all buildings thereon, and shall show, among other things, the exact location of the proposed wireless telecommunications antenna and its support structures and the exact location and dimensions of proposed wireless telecommunications equipment building(s), fence(s) and landscaping.

   (b)   Documentation that the height of the proposed wireless telecommunications tower is the minimum necessary for operation, and for the collocation of additional wireless telecommunications antennas, shall be submitted.

   (c)   The placement of poles, wireless telecommunications towers, wireless telecommunications equipment structures and wireless telecommunications antennas shall meet the minimum setback requirements for principal buildings set forth in this Zoning Code for the zoning district in which the wireless telecommunications antenna and/or wireless telecommunications tower is proposed to be located. However, the minimum distance between the wireless telecommunications tower and structures on adjacent parcels, other than fences, shall be two hundred feet. This standard shall not apply to Village owned property.

   (d)   Screen fencing shall be provided for aesthetic and public safety reasons. A fence eight feet in height shall completely surround the wireless telecommunications tower and any related support facilities. Barbed and razor wire fencing is prohibited unless specifically approved by the Planning Commission.

   (e)   Buffer plantings shall be located around the perimeter of the fence as follows:

      (1)   A landscaped buffer yard of not less than ten feet in depth shall be placed between the structure or structures and the public rights-of-way.

      (2)   The ten-foot landscape buffer shall consist of a tight fence of hardy evergreen shrubbery not less than six feet in height, three feet on center maximum, at the time of planting.

      (3)    Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

   (f)   The applicant shall agree that a report prepared by a registered Ohio design professional shall be included with the application for a special permit. The report shall contain the height and design of the wireless telecommunications tower, proof of compliance with structural standards set forth in the Ohio Building Code (OBC) and a description of the tower's capacity, including the number and types of wireless telecommunications antennas it can accommodate.

   (g)   The applicant shall agree that a soil report prepared by a registered Ohio design professional shall be included with the building permit application. The report shall describe the soil in the ultimate load bearing strata, including sufficient data to establish its character, nature and load bearing capacity as the same relate to the proposed wireless telecommunications facility.

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

   (i)   Wireless telecommunications towers and wireless telecommunications antennas shall not be artificially lighted except to assure safety or as required by the Federal Aviation Administration (FAA) or the Planning Commission.

   (j)   The wireless telecommunications tower shall be painted a non contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA). A proposal in an application that tends to camouflage or blend the tower into the surroundings may be approved by the Planning Commission and the Legislative Authority.

   (k)   Every new wireless telecommunications equipment building shall comply with Section 1270.07 Construction Standards, a minimum of ten feet wide and a maximum size of 750 square feet. Elevation drawings shall be submitted illustrating the placement, heights, color and materials of the wireless telecommunications equipment building, the wireless telecommunications antenna and its support structure. Apart from the wireless telecommunications tower monopole structure, the wireless telecommunications facility appurtenances shall be aesthetically compatible with the architecture of the surrounding environment.

   (l)   Driveways, walks and parking areas shall be paved in accordance with Village requirements. All other areas shall be landscaped and kept maintained in accordance with the Exterior Property Maintenance Code (Chapter 1490 of the Building and Housing Code), any plans approved by the Planning Commission, and this Zoning Code.

   (m)   Warning signs, a maximum four square feet, shall be posted around the wireless telecommunications facility with an emergency telephone number of whom to contact in the event of an emergency.

   (n)   The wireless telecommunications facility owner/operator shall present a maintenance plan in which he or she shall be responsible for compliance with the Village's Exterior Property Maintenance Code.

   (o)   A permanent easement or evidence of legal access to the wireless telecommunications tower site shall be provided, thereby maintaining access regardless of other developments that may take place on the site.

   (p)   No advertising shall be permitted anywhere on the wireless telecommunications facility.

   (q)   All providers utilizing towers shall present a report to the Building Department notifying it of any tower facility located in the Village whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for one hundred eighty days, the Zoning Administrator may declare the facility abandoned. The facility's owner/operator will receive written notice from the Zoning Administrator and be instructed to either reactivate the facility's use within one hundred eighty days or dismantle and remove the facility. If reactivation or dismantling does not occur, the Village will remove or will contract to have the facility removed and assess the owner/operator the costs.

(Ord. 2009-17. Passed 9-15-2009.)

   The applicant shall be responsible for all expenses incurred by the Village for any professional services deemed necessary by the Building Department, the Planning Commission, the Village Engineer or Village Legislative Authority.

(Ord. 2009-17. Passed 9-15-2009.)

   Whoever violates any provision of this chapter shall be subject to Section 202.99 Penalties of the Village of Walton Hills Codified Ordinances. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 2009-17. Passed 9-15-2009; Ord. 2017-5. Passed 3-21-17.)