It is the purpose of these regulations as set out herein in this Chapter 1297 and known as “Cellular or Wireless Communications Systems” to:

   (a)   Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while regulating their location and number in the Municipality;

   (b)   Minimize adverse visual effects of communications towers and support structures through proper siting, design and screening;

   (c)   Avoid potential damage to adjacent properties from communications towers and support structure failure; and

   (d)   Encourage the joint use of any new and existing communications towers and support structure to reduce the number of such structures needed in the future.

(Ord. 17-2013, passed 9-24-2013)

   The following definitions shall apply to this section:

   (a)   “Personal wireless services” means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular services.

   (b)   “Cellular communication services” means personal communication accessed by means of cellular equipment and services.

   (c)   “Cellular or wireless communications antenna” shall mean any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services and ground wired communication systems such as panels, microwave dishes, and omni- directional antennas such as ships and other equipment utilized to serve personal communication services. Not included in this definition: AM, FM, Ham Radio and Television Broadcasting antenna.

   (d)   “Cellular or wireless communications site” shall mean a tract, lot or parcel of land that contains the cellular or wireless communications tower, antenna, support structure(s), parking and any other uses associated with a and ancillary to cellular or wireless communications transmission.

   (e)   “Cellular of wireless communications support structure” shall mean any building or structure, including equipment shelter, guy wire anchors, accessory to but not necessary for the proper functioning or the cellular or wireless communications antenna or tower.

   (f)   “Cellular or wireless communication, height of” shall mean the height from the base of the structure, at grade, to its top; including any antenna located thereon. Grade shall be determined as the elevation of the natural or existing topography to the ground level prior to construction of the tower.

   (g)   “Micro antenna” shall mean any cellular or wireless communication antennas which consist solely of the antenna and which do not have any supporting structures other than brackets, including micro cells. Micro antennas shall be equal to or less than five feet in height and with an area of not more than 580 square inches.

(Ord. 17-2013, passed 9-24-2013)

   Any company or individual wishing to place a cellular or wireless communications antenna or tower within the Municipality, must attend an application conference with the Building Commissioner or his assignees. At this conference, the applicant must submit:

   (a)   A preliminary site plan depicting the proposed site to scale; and

   (b)   A rendering of the proposed tower in relation to the existing site.

(Ord. 17-2013, passed 9-24-2013)

   The following use regulations shall apply to cellular or wireless communication antennas and towers.

   (a)   A cellular or wireless communication site may be permitted in the Industrial Park Zoning District subject to the requirements set forth herein.

   (b)   Cellular or wireless communications sites in the Industrial Park Zoning District shall not be located any closer to any residential zoning district than as follows:

      (1)   Cellular or wireless communication towers less than 100 feet in height shall be located no closer than 100 feet to any residential zoning district.

      (2)   For any cellular or wireless communication tower exceeding 100 feet in height, the tower may not be located closer to any residential zoning district than a distance equal to 100 feet plus one foot for each foot of height that the tower exceeds 100 feet.

   (c)   A cellular or wireless communications antenna may be mounted to an existing structure, such as a communications tower (whether said tower is for cellular or wireless purposes or not), smoke stack, water tower or other tall structures in the Industrial Park Zoning District or in another zoning district if a permit has been granted. Communication antenna may only be placed on the top of buildings that are no less than 35 feet in height.

   (d)   Micro antennas not exceeding five feet in height may be attached to any existing building located in an area described in the preceding section and shall not be subject to the setback requirements or other cellular or wireless communication towers provided it is placed on the roof of an existing building.

   (e)   All other uses accessory to the cellular or wireless communications antenna and towers including, but not limited to business offices, maintenance depots, and materials and vehicle storage, are prohibited from the site unless otherwise permitted in the zoning district in which the cellular or wireless communications antenna and/or tower is located.

(Ord. 17-2013, passed 9-24-2013)

   The following standards shall apply to all cellular of wireless communications antennas and towers. The Municipality may deny application to construct a new cellular or wireless communications tower if the applicant has not made a good faith effort to mount the antenna on existing structures.

   (a)   Tower placement. The cellular or wireless communications company shall demonstrate, using the latest technological facts, why the antenna or tower must be placed in Woodlawn in order to serve its necessary function in the company's grid system. Part of this demonstration shall include a drawing showing the boundaries of the area around the proposed location which would probably also permit the antenna to function properly in the company's grid system. Said location shall be within the Industrial Park Zoning District.

   (c)   Co-location. If the communications company proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that is has contacted the owners of nearby tall structures within the allowable zone, asked for permission to install the cellular communications on those structures, and was denied for either non- economic reasons or that a clearly unreasonable economic demand was made by the owner, based on prevailing market values. “Tall structures” shall include, but not be limited to: smoke stacks, water towers, buildings over 35 feet in height, antenna support structures or other cellular or wireless communication towers.

   (c)   Antenna/tower height. The applicant shall demonstrate that the antenna/tower is no higher than necessary to function satisfactorily and to accommodate the co-location requirements as set out in subsection (b). No antenna that is taller than the necessary height shall be approved. The maximum height of the antennae/tower permitted shall be 185 feet.

   (d)   Setbacks from the base of tower. If a new cellular or wireless communications tower is to be constructed in the Industrial Park Zoning District, the minimum distance between the base of the tower or any guy wire anchors and any property line which abuts a zoning district other than a residential district shall be no closer than the greater of the following:

      (1)   Forty percent of the tower height;

      (2)   The minimum setback in the underlying zoning district; or

      (3)   Fifty feet.

   (e)   Cellular or wireless communications tower safety. All cellular or wireless communications towers shall be fitted with anti-climbing devices as approved by the manufactures. Furthermore, the applicant shall demonstrate that the proposed cellular or wireless communications tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. However, if a specific safety issue in question is determined to be regulated by either FCC Regulations or applicable Building Code Regulations; and, the operation or construction is in compliance with such regulations, then this requirement for safety shall be deemed to have been met.

   Subsequent to the installation of a cellular or wireless communications tower site, if it is determined by the Municipal Council, upon presentation of proper and sufficient documentation, and after a public hearing, that the operation of a cellular or wireless communications tower is inherently dangerous or is a demonstrable health hazard, the cellular or wireless communication tower shall be declared to be a nuisance and all operation shall cease. The tower or antenna shall also be removed as provided under § 1297.07. However, no order of removal shall be made if it is inconsistent with existing FCC Regulations.

   (f)   Fencing. A fence shall be required around the cellular or wireless communications tower and its support structure(s), unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height and shall be erected to prevent access to non-authorized personnel.

   (g)   Landscaping. Landscaping with proper drainage in compliance with a plan approved by the Building Commission shall be provided to screen as much of the support structure and equipment shelter ground level features as is possible. In addition, existing vegetation on or around the site shall be preserved to the greatest extent possible. No exposed dirt shall be permitted.

   (h)   Limiting the number of cellular or wireless communications towers. In order to reduce the number of antenna support structures needed in the Municipality in the future, the owner of an existing cellular or wireless communications tower shall not unreasonably deny a request to accommodate other uses, including other cellular or wireless communications companies, and the antenna of local police, fire, and ambulance departments. The owner of the existing cellular or wireless communications tower may request reasonable compensation for the use of the tower.

   For the purposes of encouraging co-location of cellular or wireless antenna and other uses, cellular or wireless communication towers shall be designed, engineered, and constructed as follows: unless waived for good cause to minimize impact on adjoining property by Building Commissioner. There shall be no towers 30 feet or more unless there are two or more users.

      (1)   Towers less than 75 feet tall shall be designed, engineered and constructed to support antennas installed by two or more cellular or wireless communication service users; and

      (2)   Towers more than 75 feet in height but less than 150 feet shall be designed, engineered and constructed to support antennas installed by three or more cellular or wireless communication service users; and

      (3)   Towers 150 feet in height or taller shall be designed, engineered and constructed to support antennas installed by four or more cellular or wireless communication service users.

   As used in paragraphs (1), (2) and (3) above, the term “users” shall include the antennas of police, fire, and ambulance departments. In addition, an applicant must demonstrate that the area acquired by lease or otherwise acquired for the use and construction of the cellular tower and accessory structures is sufficient in size to accommodate any additional structures that may be required if additional users are added to the tower.

   (i)   Licensing. The communications company must demonstrate to the Municipality that it is licensed by the Federal Communications Commission (FCC). The owner of the tower must also annually provide to the Municipality prior to January 31 of each year, a list of all users of the tower and each user shall provide the Municipality with a copy of each users license with the FCC. No permits will be granted to any applicant unless proof of current FCC license for the proposed use of the tower is provided.

   (j)   Required parking. If the cellular or wireless communications site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall be equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in the Zoning Code.

   (k)   Appearance. Cellular or wireless communications towers under 185 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or wireless communications towers shall meet all Federal Aviation Administration (FAA) regulations. No cellular or wireless communications towers may be artificially lighted except when required by the FAA. Furthermore, no cellular or wireless communication tower or antenna and accessory buildings and structures shall contain any signage. All utility lines serving the towers shall be underground.

   (l)   Site plan required. A full site plan shall be required for all proposed cellular or wireless communications sites, except antenna to be placed on existing structures, at a reasonable scale, but not smaller than 1 inch to 50 feet (1"=50'), indicating, as a minimum, the following:

      (1)   The total area of the site.

      (2)   The existing zoning of the property in question and of all adjacent properties.

      (3)   All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.

      (4)   Existing topography with a maximum of two-foot contours intervals.

      (5)   The proposed finished grade of the development shown by contours not exceeding two- foot intervals.

      (6)   The locations of all existing buildings and structures and the proposed location of the cellular or wireless communications tower and all cellular or wireless communications support structures including dimensions, height, and where applicable, the gross floor area of the buildings.

      (7)   The locations and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, grades, surfacing materials, drainage plans and illumination of the facility.

      (8)   All existing and proposed sidewalks and open areas on the site.

      (9)   The location of all proposed fences, screening and walls.

         (10)   The location of all existing and proposed streets.

         (11)   All existing and proposed utilities including types and grades.

         (12)   The schedule of any phasing of the project.

         (13)   Documentation which shows all buildings and structures on adjacent lots and any additional lot which has a lot line within 100 feet of the lot on which the cellular tower is proposed to be located. The approximate elevation of the highest point of each building or structure shall be noted. Applicant may identify any additional features in the area (such as existing screening, fences and topography) which may be helpful in considering the impact of the proposed tower on nearby property.

         (14)   Any other information as may be required to determine the conformance with this Zoning Code. For cellular or wireless communications antenna to be placed on an existing structure, the applicant shall submit such information as required by the Zoning Inspector to ensure compliance with the applicable provisions of this section.

         (15)   Applicant shall maintain and demonstrate adequate liability insurance on the structure and shall hold harmless the Municipality of Woodlawn from any and all liability that may arise for the use of the structure.

(Ord. 17-2013, passed 9-24-2013)

   Any owner of property used as a cellular or wireless communications site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds and other debris. Any owner of a cellular or wireless communications tower shall be required to notify the Building Commissioner of its intent in writing within 30 days of its cessation of business, its discontinuance of service, or transfer of ownership.

(Ord. 17-2013, passed 9-24-2013)

   Any owner of property used as a cellular or wireless communications site shall provide the Municipality of Woodlawn with a performance bond for the removal of a cellular or wireless communications tower that has discontinued use.

   Any cellular or wireless communications tower that has discontinued its service for a period of 12 continuous months or more is hereby determined to be a nuisance. A tower declared to be a nuisance must be removed, along with all accessory structures related thereto. “Discontinued” shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, is unused or has ceased the daily activities or operations which had occurred.

   Whenever, upon inspection it shall appear that a cellular or wireless communications tower has been abandoned or its use discontinued, the Municipal Manager or a designated representative shall notify, either by personal delivery or by certified mail, the owner of the property on which the tower is located that the tower must be taken down and removed within 90 days. The Building Commissioner or a designated representative, in addition to any other citations, notices, penalties or remedies provided by law or ordinance, is authorized to proceed in a manner consistent with and pursuant to Ohio R.C. 715.26 and 715.261 to maintain the public health, safety and welfare and to recover costs as appropriate.

(Ord. 17-2013, passed 9-24-2013)

   (a)   No cellular or wireless communications tower shall be permitted on any lot on which any nonconforming building or structure is located nor on which any nonconforming use or activity is occurring without first obtaining a variance from the Zoning Board of Appeals.

   (b)   No cellular or wireless communications tower shall be constructed, replaced, or altered without first obtaining the applicable building permit.

(Ord. 17-2013, passed 9-24-2013)