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Wintersville Jefferson County
City Zoning Code

TITLE ELEVEN

Telecommunications

1190.01 INTENT.

   The intent 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 telecommunications facilities. It is the purpose of this chapter to protect the public and properties in the community from potential health and safety issues and to minimize the adverse visual and aesthetic effects of such facilities to the public and properties located in the community. It is also the purpose of this chapter to accommodate the need for such facilities while regulating the use and need for such facilities and encouraging the joint use of any existing and new wireless telecommunication facilities in order to reduce the number of such structures both currently and in the future.
(Ord. 2000-10. Passed 5-16-00.)

1190.02 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%). Said buffer shall be located around the perimeter of said wireless telecommunication 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 telecommunications 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 telecommunications antenna” means 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.
   (f)   “Wireless telecommunications equipment shelter” means the structure in which electronic receiving and relay equipment for a wireless telecommunications facility is housed.
   (g)   “Wireless telecommunications facility” means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines. The facility includes 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 structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles and lattice construction structures.
      (Ord. 2000-10. Passed 5-16-00.)

1190.03 USE REGULATIONS.

   The following requirements and regulations shall apply to all wireless telecommunications facilities located in the Municipality:
   (a)   Wireless telecommunications facilities are prohibited in residential districts.
   (b)   Wireless telecommunications facilities are permitted in any business, commercial, or industrial district subject to the following conditions:
      (1)   All wireless telecommunications towers must be of a monopole or lattice construction and must be painted a non-contrasting gray or similar color unless otherwise specifically required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA);
      (2)   All wireless telecommunications towers are prohibited from depicting any advertisements, signs, banners or other insignias;
      (3)   The wireless telecommunications tower shall not require any guy or guide wires;
      (4)   No wireless telecommunications tower shall exceed 200 feet in height from finished grade to the uppermost point of the tower or of any antennae or lightning rod attached thereto;
      (5)   All wireless telecommunications facilities shall be located at least 1,000 feet from the nearest residential district;
      (6)   The minimum setback for a telecommunications tower from any road, highway, street, alley or building and any adjacent property shall be the height of the tower plus an additional one hundred feet;
      (7)   The minimum setback for a telecommunications facility from any road, highway, street, alley or building and any adjacent property shall be 300 feet;
      (8)   Underground utilities to the site and from the facility to any service or ancillary structures shall be required;
      (9)   Equipment, mobile or immobile, not used in direct support of the wireless telecommunications facility shall not be parked or stored on the site or property except in connection with the repair or maintenance of the facility;
      (10)   All applicable FAA and FCC requirements, regulations, codes, etc., shall be met and complied with prior to construction of the wireless telecommunications facility and written evidence of the same shall be submitted to the Village, additionally, said compliance shall be maintained throughout the operation of the facility;
      (11)   The owner and operator, if different than the owner of the facility, shall provide a name and phone number to the Mayor, the Nuisance Officer and the Chief of Police of the individual and/or individuals who are to be contacted in the event of an emergency;
      (12)   No wireless telecommunications tower shall be lighted except as otherwise provided by the FAA or FCC. Security lighting around the telecommunications facility is permitted provided it is in accordance with all other Village Ordinances and laws of the State of Ohio;
      (13)   All wireless telecommunications facilities shall be surrounded by a fence at least eight feet in height;
      (14)   A comprehensive landscape plan of evergreen hedges or evergreen shrubs shall be planted around the security fencing to minimize the visual impact of the telecommunications facility and the existing trees and shrubs located at the facility shall be preserved to the maximum extent possible;
      (15)   All wireless telecommunications facilities shall be at least one mile from each and every other wireless telecommunications facility located within the Village.
         (Ord. 2000-10. Passed 5-16-00; Ord. 2023-09. Passed 4-20-23; Ord. 2024-36. Passed 6-18-24.)

1190.04 PERMIT REQUIRED.

   (a)   A conditional use permit and zoning certificate are required for a wireless telecommunications facility. A proposed collocation also requires a conditional use permit and zoning certificate. A site plan shall be submitted to the Planning Commission prior to and as part of the conditional use application and zoning permit, and shall include all of the following:
      (1)   Existing topography with a maximum of five foot contour intervals.
      (2)   Proposed finished grade of the development shown by a maximum five foot contour intervals.
      (3)   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 of structures.
      (4)   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.
      (5)   The location and dimensions of proposed sidewalks, fences, landscaping, screening and/or walls.
      (6)   The location of all existing and proposed public streets and utilities.
      (7)   Schedule of construction of the project.
      (8)   Distance from the proposed facility to existing buildings and structures and distance from the nearest residential zoning district.
      (9)   Distance from the proposed facility to the nearest telecommunications facility located within the Village.
      (10)   Any other information as may be required by the Planning Commission, the Zoning Officer and/or the Nuisance Officer.
   (b)   Any decision to deny a request to place, construct, or modify a wireless telecommunications facility shall be in writing and state the reason for the denial.
(Ord. 2000-10. Passed 5-16-00; Ord. 2023-09. Passed 4-20-23; Ord. 2024-36. Passed 6-18-24.)
 
 
 
CODIFIED ORDINANCES OF WINTERSVILLE