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Westerville City Zoning Code

CHAPTER 1165

OS Open Space District

1165.01 PURPOSE.

   The purpose of the Open Space District is to recognize and protect unique natural, scenic areas for conservation of open space and for recreational uses. Areas so designated are intended to provide not only for present open space needs, but also for future expected demand for open space that requires the conservation of environmentally unique assets.
(Ord. 81-48. Passed 7-7-81.)

1165.02 PERMITTED AND CONDITIONAL USES.

   (a)   Permitted Uses in the Open Space District are:
      (1)   Public or private parks, preserves or sanctuaries and accessory structures such as shelters and picnic areas.
      (2)   Public or private golf courses including clubhouse facilities.
      (3)   Pasturage in relation to a permitted agricultural operation.
      (4)   Other public or private uses, including cemeteries, which, in the opinion of the Planning Commission conform to the purpose of the Open Space District.
      (5)   Any agricultural use other than pasturage. The Planning Commission shall judge the acceptability of such uses on the basis of whether or not the proposed use is incompatible with the interest of the community in preserving any unique ecological or environmental attributes which the land may possess.
      (6)   Nursery production.
   (b)   Conditional Uses in the Open Space District are: The following uses are conditionally permitted within the Open Space District. These uses may be appropriate as permitted uses within the district but require more detailed evaluation with respect to location, design, size, method, and hours of operation, intensity of use and traffic generation and potential impact on surrounding uses, in order to balance these uses in an equitable manner while safeguarding both individual property rights and general, community welfare. It is the Planning Commission’s responsibility to perform this evaluation and after review, to attach necessary conditions and safeguards. The development standards contained in this Chapter are minimum standards. Planning Commission may require more restrictive standards for a conditional use based on the merits of each application. Review and approval of these uses are further regulated in Chapter 1111, Section 1165.03 and Section 1165.04, Conditional Use Supplementary Standards. Parenthetical reference to Section 1165.04 following a listed conditional use indicates that specific supplemental standards have been identified for that use in the referenced subsection.
      (1)   Public Service Facilities. (Section 1165.04(b))
(Ord. 97-46. Passed 5-20-97.)

1165.03 DEVELOPMENT STANDARDS.

   (a)   Lot Requirements in the Open Space District are: Structures, except fences, must be set back from all public rights of way and adjacent property lines a minimum of fifty feet.
   (b)   Building Requirements in the Open Space District are: Maximum height: thirty feet.
   (c)   Site Requirements in the Open Space District are: The Planning Commission shall review and prescribe traffic ingress and egress plans that affect public rights of way. Such traffic plans shall not be so designed as to create unnecessary burdens upon public streets. The Planning Commission shall impose such further conditions as are necessary to comply with the purpose of the Open Space District.
(Ord. 81-48. Passed 7-7-81.)

1165.04 SUPPLEMENTARY STANDARDS FOR CONDITIONAL USES.

   All conditional uses shall meet the minimum requirements established by Section 1122.03 unless modified by this section:
   (a)   Purpose and Intent. The purpose of this section is to establish supplementary standards for certain land uses that may affect adjacent properties, the neighborhood, or the community even if all of the general standards of Section 1122.03 are met. It is the intent of this section to establish appropriate standards for permit processing and for location, design and operation of conditional uses to assure that they will be developed in a manner consistent with the purpose of the Open Space District.
   (b)   Wireless Telecommunication Facilities.
      (1)   Minimum lot area: The minimum required by the zoning district, but not less than one (1) acre.
      (2)   Setbacks: Equal to the height of the tallest structure, but in no case less than zoning district requirements. The setback requirement based on height is not applicable when the proposed facility is constructed on or in an existing structure and does not extend more than 20 feet above the existing structure.
      (3)   Height: The maximum height of a tower shall be 150 feet including the antenna. The Planning Commission may allow the maximum height to increase to 200 feet to accommodate co-location. Equipment shelters shall meet district standards.
      (4)   Screening: Perimeter landscaping would be required around fencing at the base of the tower and around any building or equipment. The landscaping should have a year round opacity of 75%. A six foot minimum height would be required at installation for landscaping around the base of a tower. The Planning Commission may elect, in certain instances, to accomplish screening by materials other than landscaping.
      (5)   Parking and access: A paved access drive and one paved parking space for a service vehicle.
      (6)   Lighting. On site: Cutoff style fixtures for control of light spread. On tower: None, unless required by the Federal Aviation Administration (FAA).
      (7)   Color: The tower shall be painted a non-contrasting gray or similar color to minimize its visibility unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
      (8)   Emissions: Emissions standards for electromagnetic fields must be in compliance with current and future Federal Communication Commission (FCC) standards.
      (9)   Co-location: All approved installations must allow other providers to co-locate on the same pole to the extent technologically feasible at a reasonable and competitive market rate. All requests for new installation must demonstrate that there is no available space on existing towers or other suitable support structure within the established service area. New installations on an existing permitted tower are exempt from the conditional use process and may proceed with a standard building permit approval.
      (10)   Construction: All new towers shall be constructed to be capable of accommodating at least one additional wireless communication installation for another service provider.
      (11)   Removal: The applicant or any subsequent owner of the facility will remove it within 90 days of obsolescence or abandonment. Obsolescence is defined as being replaced by new technology. Abandonment would occur when the provider is no longer operating a viable telecommunication network using this facility.
      (12)   Design: Preference will be given to monopole construction. Only monopole construction would be allowed in residential districts.
      (13)   Signage: No signage or advertising is to be displayed on the tower structure.
(Ord. 97-46. Passed 5-20-97.)