HomeMy WebLinkAboutOrdinance 19-13RECORD OF ORDINANCES
Dayton Le gal Blank, Inc.
Ordinance No.
19 -13
Form No. 30043
Passed 20
AN ORDINANCE AMENDING CHAPTER 99 OF THE
DUBLIN CODIFIED ORDINANCES (WIRELESS
COMMUNICATIONS REGULATIONS).
WHEREAS, Chapter 99 of the Codified Ordinances of the City of Dublin provides for
the regulation of the placement, construction, and modification of towers and wireless
communications facilities within the City of Dublin; and
WHEREAS, since its passage and implementation in 1997, with minor amendments in
2007 and 2011, Chapter 99 has been effective in protecting the health, safety and
welfare of the public, providing for responsible and appropriate wireless
communications facilities construction within the City and encouraging the deployment
and accessibility of wireless services within the City; and
WHEREAS, in the last several years, the services being provided by the wireless
industry and the technology being used to provide those services has changed
significantly; and
WHEREAS, there have been several material changes to the Federal laws controlling
local regulation of wireless communications facilities; and
WHEREAS, since 2007, there have been several material modifications to the City's
zoning regulations; and
WHEREAS, within Chapter 99, a number of administrative updates and modifications
have been identified and recommended by Land Use and Long Range Planning and
Law Department staff as being in the best interest of the City; and
WHEREAS, in order to address the changes in Federal law and ensure the proper
management of the City's wireless communications facilities in all current zoning
classifications /districts, appropriate administrative updates and modifications to
Chapter 99 of the Codified Ordinances of the City of Dublin are necessary.
NOW, TH,MEFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, , J�_ of the elected members concurring that:
Section 1. Council hereby authorizes that Chapter 99 of the Codified Ordinances of
the City of Dublin be hereby amended to read as set forth in the Exhibit A attached
hereto and incorporated herein as if fully rewritten.
Section 2. This Ordinance shall take effect and be in force from and after the
earliest period allowed by law.
Passed this A"%, day of A -ar (4 , 2013.
Mayor - Pre ding Offi r
ATTEST:
Clerk of Council
ICE M I L L ERLLP
LEGAL COUNSEL
MEMORANDUM
TO: Dublin City Council
Marsha I. Grigsby, City Manager
Dana McDaniel, Deputy City Manager/Director of Economic Development
FROM: Stephen J. Smith, Law Director
Christopher L. Miller
DATE: March 7, 2013
RE: Ordinance No. 19 -13 - Amending Chapter 99 of the Dublin Codified Ordinances
(Wireless Communications Regulations).
LEGISLATION BACKGROUND:
The City of Dublin ( "City ") Land Use and Long Range Planning Division and the Law Department ( "City
Staff') have drafted an update and revision to Chapter 99 (Wireless Communications Regulations) of the
Dublin Codified Ordinances. Chapter 99 governs all towers, antenna support structures and wireless
communication facilities in the City.
Since its original enactment in 1997, Chapter 99 has regulated the placement, construction and
modification of wireless communications towers and other wireless communications facilities within the
City of Dublin. In 2007 and again in 2011, the City updated and modified Chapter 99 in order to address
certain technological and legal changes then occurring in the wireless communications industry.
Subsequent to those earlier Chapter 99 updates, the wireless communications industry has continued to
experience robust growth in service usage and an ever - increasing need for the rapid deployment of
wireless infrastructure in order to meet consumer demands and advancements in technology. New
wireless technologies have been rapidly introduced and, in certain cases, are replacing aging wireless
infrastructure and technologies.
In addition to technological and service issues, changes to City zoning rules and certain administrative
updates, the legal paradigm of wireless infrastructure regulation has continued to mature and develop
dramatically throughout the last several years. Numerous previously ambiguous Federal rules and
regulations governing wireless infrastructure deployment applicable to local jurisdictions have recently
been clarified and/or better defined. The Law Department has proposed a number of language
modifications and clarifications to Chapter 99 in order to ensure that the City's wireless regulations
comport with the strictures of Federal law.
INCLUDED MOPOSED AMENDMENTS UPDATES, AND MODIFICATIONS:
The amendments, updates and modifications include the following:
• Definitions have been modified, added or removed in order to account for changes in technology;
and
Memo re. Ord. 19 -13 — Chapter 99 (Wireless Communication)
March 7, 2013
Page 2
• Certain Zoning District categorizations have been added such as "Technology Flex ", "Bridge Street
Corridor" Districts and "Rural" in order to account for recent additions to the City Zoning Code; and
• Co- Location has been provided for in each Zoning District as an Administrative Use (or ARB
Approval) in order to comport with recent developments in Federal law; and
• Application requirements for Administrative Review and the procedures for such a review by the
Administrative Review Team have been updated in order to ensure an efficient and comprehensive
review process that is compliant with the timing requirements of Federal law; and
• Pre - Application Review processes have been updated to provide wireless carriers with a process to
assist them in their preparation of initial applications and allow City Staff to employ an effective
"customer service" approach in working with providers in the deployment of new and advanced
wireless services within the City; and
• Maximum height has been limited to 80 feet in Residential Districts and 140 feet in all other
districts; and
• The use of Alternative Tower Structures (i.e. man -made trees, towers, light poles, steeples) which are
designed to conceal or camouflage the presence of a wireless facility is encouraged; and
• Provisions have been added to allow for the process of an Administrative Departure in order to assist
wireless development in the City by the ART to authorize reasonable adjustments and minor
deviations from the strict application of Chapter 99 such as setbacks, landscaping or screening
unusual site or other development conditions; and
• The provisions regarding wireless facilities abandonment have been updated and amended to provide
the City with additional tools to require that an abandoned wireless communications facility be
timely removed or demolished and provides that any cost to the City to do so will be the
responsibility of not just the wireless communications facility owner, but also the owner of the
property upon which the facility sits; and
• Numerous modifications and changes were made to the provisions controlling Temporary Wireless
Facilities in order to account for the fact that City staff anticipates that the need for the deployment
of temporary facilities will continue to increase as technologies develop and wireless providers
deploy new systems. The changes will allow the City to better and more effectively address new
technology (on a limited timeline basis) and be responsive to the needs of the local citizenry by
providing for a more effective way to address requests for the location of temporary facilities in
times of service interruptions due to local or national emergencies or certain wireless system
maintenance projects; and
• In order to account for the addition of the City's Architectural Review District ( "ARD "), a process
has been added for wireless communications facilities attempting to locate in the ARD and requiring
review by the Architectural Review Board ( "ARB ").
RECOMMENDATION:
The Law Department recommends approval of Ordinance No. 19 -13 at the second readingipublic hearing
on March 25, 2013.
4319205v2
EXHIBIT A
CHAPTER 99: WIRELESS
COMMUNICATIONS REGULATIONS
§99.01 PURPOSE AND INTENT
(A) The purpose of this Chapter is to regulate the placement, construction, and
modification of towers and wireless communications facilities to protect the health,
safety and welfare of the public, while at the same time not unreasonably interfering
with the development of a competitive wireless communications marketplace in the
city.
(B) The City's intent is to encourage wireless communications service providers that seek
to further the following City priorities:
(1) Co- locate on/with other existing towers /structures /facilities or locate on
existing structures.
(2) Require new towers and other related structures to accommodate multiple
users wherever practicable.
(3) Locate towers in the least obtrusive locations and manner using present and
evolving technology.
(4) Minimize adverse health, safety, public welfare, and visual impacts through
co- location, siting, design, and construction, while upholding the purposes and
objectives of this Chapter.
§99.02 OBJECTIVES
The following are the City's objectives regarding wireless communication regulations:
(A) To comply with the Telecommunications Act of, as amended, including any
subsequent rules and /or rule interpretations by appropriate state and federal agencies
and /or courts.
(B) To work proactively with wireless communications providers to ensure rapid and
reliable deployment of their services /technologies, while minimizing negative effects
on the city.
(C) To ensure that the location of towers and wireless communications facilities in the
city provide appropriate wireless communication coverage consistent with these
obj ectives.
(D) To allow, under certain conditions, appropriate City -owned property and structures to
be used for wireless communications facilities.
(E) To minimize adverse visual impacts of towers and wireless communications facilities
through careful design, siting, landscaping, and innovative camouflaging techniques.
(F) To promote and encourage shared use /co- location of towers and antenna support
structures as a primary option rather than construction of additional single -use towers.
(G) To ensure towers and wireless communications facilities are soundly and carefully
designed, constructed, modified, maintained, and removed when no longer in use.
(H) To ensure to the maximum extent practicable that towers and wireless
communications facilities are compatible with surrounding and nearby land uses.
(1) To ensure to the maximum extent practicable that proposed towers and wireless
communications facilities are placed in locations that are designed to preserve
adjacent natural settings and in a manner consistent with existing and planned
development patterns.
§99.03 APPLICABILITY
(A) All towers, antenna support structures, and wireless communications facilities, any
portions of which are located within the City of Dublin, are subject to this Chapter.
Wireless communications facilities and antenna support structures shall be regulated
and permitted pursuant to this Chapter and shall not be interpreted, regulated, or
permitted as essential services, public utilities, or private utilities.
(B) Except as provided in this Chapter, any approved use of a nonconforming tower or
antenna support structure on the effective date of this Chapter shall be allowed to
continue, even if in conflict with the terms of this Chapter, but shall not be expanded,
reconstructed, or modified unless in conformance with this Chapter, as required in
§99.09.
(C) Should any provision of this Chapter conflict with any other provision of the Code,
the strictest provision shall prevail.
(D) This Chapter and the various sections and clauses thereof, are hereby declared to be
severable. If any part, sentence, paragraph, section, clause, or word is adjudged
unconstitutional or invalid for any reason, by any court of competent jurisdiction, the
invalidity shall not affect the remaining portions or applications of this Chapter which
shall be given effect without the invalid portion or application, provided those
remaining portions are not determined by the court to be invalid.
§99.04 DEFINITIONS
Page 2 of 34
(A) General use of terms
(1) The terms, phrases, words, and their derivations used in this Chapter shall
have the meanings given in this section.
(2) When consistent with the context, words used in the present tense also include
the future tense; words in the plural number include the singular number; and
words in the singular number include the plural number.
(3) All terms used in the definition of any other term shall have their meaning as
otherwise defined in this section.
(4) The words "shale' and "wile' are mandatory and "may" is permissive.
(5) Words not defined shall be given their common and ordinary meaning.
(B) Defined terms
ADMINISTRATIVE REVIEW TEAM or ART. Members of City staff listed in §99.06 or
their designated representatives, and others appointed by the City Manager as deemed
necessary.
ALTERNATIVE TOWER STRUCTURE. Includes, but is not limited to man-made trees,
clock towers, bell steeples, light poles, power poles, and similar alternative - design mounting
structures or other buildings or structures that are intended to camouflage or conceal the
presence of antennas, towers, and other wireless communications facilities.
ANTENNA. Any transmitting or receiving device used in communications that radiate or
capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless
communications signals, or other communication signals.
ANTENNA SUPPORT STRUCTURE. Any building or structure other than a tower which
can be used for the location of wireless communications facilities.
APPLICANT. Any person that applies for Administrative Review, Conditional Use Review,
Certificate of Zoning Plan Approval, or other permit or approval according to the
requirements of this Chapter.
APPLICATION. The materials and process by which an applicant submits a request as
authorized by the property owner and indicates a desire to be granted approval of an antenna,
tower, antenna support structure, or any other wireless communications facility under the
provisions of this Chapter. An application includes all written documentation, verbal
statements, and representations, in whatever form or forum, made by an applicant to the City
concerning the request, but shall not include materials submitted as part of a request for non-
binding Pre - Application Review.
Page 3 of 34
ARCHITECTURAL REVIEWBOARD orARB. The Architectural Review Board of the
City, as created by §153.172.
ARCHITECTURAL REVIEW DISTRICT. The Architectural Review District of the City.
The term may also be used to refer to Ohio Historic Inventory Properties as provided in
§153.170, where appropriate.
BACKHAUL NETWORK. The infrastructure that connects a provider's wireless
communications facility sites to one or more cellular telephone switching offices, and /or long
distance providers, or the public switched telephone network.
BOARD OF ZONING APPEALS or BZA. The Board of Zoning Appeals for the City, as
created by the Dublin City Charter, Article VII.
CABLE MICROCELL NETWORK or CMN. A wireless telecommunications facility
characterized by small antennas and equipment cabinets, and typically located on a small
diameter monopole; on an existing or replacement street light, power pole, sign, or other
suitable structure; or on an existing building.
CELLULAR -ON- WHEELS or COW. A temporary mobile wireless communications facility
that consists of a wireless antenna tower and associated equipment on a truck, trailer, or other
mobile structure designed to be part of a wireless network.
CHIEF BUILDING OFFICIAL. The Chief Building Official of the City.
CITY. The City of Dublin, Ohio.
CITY ENGINEER. The City Engineer of the City.
CODE. The Code of Ordinances of the City.
CO- LOCATION. The use of, or ability to use, a wireless communications facility or support
structure by more than one wireless communications provider or more than one wireless
antenna array.
CONDITIONAL USE. A use allowed in a zoning district after approval of the Planning and
Zoning Commission according to the provisions of § 153.236 of this.
COUNCIL. The City Council of the City.
DIRECTOR. The Director of Land Use and Long Range Planning of the City, or a designee.
DISTRIBUTED ANTENNA SYSTEM or DAS. A network of spatially separated antenna
nodes connected to a common source via a transport medium that provides wireless service
within a geographic area or structure which also may or may not contain fiber optic transport
and /or landline components.
Page 4 of 34
DISTRICT or ZONING DISTRICT or ZONE DISTRICT. A portion of the city within
which certain uses of land and /or buildings are permitted and under the regulations and
requirements of Chapter 153 of the Code.
EMERGENCY. A reasonably unforeseen occurrence with a potential to endanger personal
safety or health, or cause substantial damage to property, that calls for immediate action,
mitigation, or abatement.
ENGINEER. Any engineer currently licensed by the State of Ohio.
EQUIPMENT SHELTER or EQUIPMENT CABINET. The structure in which the
electronic receiving and relay equipment or other necessary equipment for a wireless
communications facility is located.
FAA. The U.S. Federal Aviation Administration, and any legally appointed, designated, or
elected agent or successor.
FCC. The U.S. Federal Communications Commission and any legally appointed, designated,
or elected agent or successor.
HEIGHT or ABOVE GROUND LEVEL or AGL. When referring to a tower or other
structure, the distance measured from the finished grade at the base of the tower or structure
to the highest point on the tower or structure, including the base pad and any antenna, but not
including lightning arrest devices.
MONOPOLE. A support structure constructed of a single, self supporting hollow metal tube
securely anchored to a foundation.
MULTI -USE TOWER. A self supporting lattice, guyed, or monopole structure constructed
from grade which supports more than one wireless communications facility.
NONCONFORMING TOWER. Any tower or antenna lawfully existing at the effective date
of or amendment to this Chapter which does not currently conform to the requirements of
this Chapter.
PERSON. Any individual, firm, partnership, association, corporation, company, or other
legal entity, private or public, whether for profit or not - for - profit.
PLANNING AND ZONING COMMISSION or PZC. The Planning and Zoning
Commission for the City, as created by the City Charter, Article VII.
RECONSTRUCTED TOWER. A tower which is removed in whole or in part and replaced
in whole or in part. For the purposes of this Chapter, a reconstructed tower is a tower for
which approvals have been granted in accordance with the provisions of this Chapter. The
term and its use shall not apply to nonconforming towers.
Page 5 of 34
RECORD OF DETERMINATION. The official written record of action by the
Administrative Review Team.
STEALTH. A wireless communications facility designed to appear as another natural or
artificial object that exists in the surrounding environment or which is architecturally
integrated into a building or other structure, and designed to be minimally obtrusive and to
camouflage or conceal the presence of antennas or towers, at the determination of the
required reviewing body.
TEMPORARY WIRELESS COMMUNICATIONS FACILITIES. A cellular -on- wheels
unit; an antenna on a bucket truck, crane, crank -up tower, tower; or another wireless
communications facility required to evaluate a site for a temporary placement of a wireless
communications facility as permitted by this Chapter or for providing communications
during an emergency, special event, conference, or other situations for limited periods while
the use of a permanent wireless communication facility is temporarily interrupted.
TOWER. Any structure designed and constructed primarily for the purpose of supporting one
or more antennas for telephone, radio, and similar communication purposes, including self -
supporting lattice towers, guyed towers, or monopole towers. The term includes radio and
television transmission towers, microwave towers, common - carrier towers, wireless
communications towers, alternative tower structures, and the like. The term includes the
structure and any necessary supports.
WIRELESS COMMUNICATIONS FACILITIES or WCF. Includes, but shall not be
limited to, towers, poles, cables, wires, lines, wave guides, antennas, microwave dishes,
and /or any other equipment or facilities associated with the transmission or reception of
communications as regulated by the FCC (or other unregulated wireless communication
facility). The term shall not include:
(1) Any satellite earth station antenna two meters or less in diameter or diagonal
measurement located in a non - residential district. (§ 153.095(B)(3) and (4)
shall be applicable.)
(2) Any satellite earth station antenna one meter or less in diameter or diagonal
measurement that is designed to receive direct broadband satellite service,
including direct -to -home satellite services, or to receive or transmit fixed
wireless signals via satellite regardless of zoning category. (§153.095(B) shall
be applicable.)
(3) Any antenna that is one meter or less in diameter or diagonal measurement
and is designed to receive video programming service via broadband video
services (wireless cable) or to receive or transmit fixed wireless signals other
than via satellite.
(4) Any antenna that is designed to receive local television broadcast signals and
does not use a mast higher than 12 feet above the tallest point of the roof of
Page 6 of 34
the tallest principal or accessory structure, excluding chimneys, cupolas, or
other architectural elements.
(5) Antennas used by amateur radio operators (§ 153.096(A) shall be applicable).
(6) Towers, structures, antennas, or other equipment used for the purposes of
operating a public safety voice or data radio network or an outdoor early
warning system within the city limits. This includes directional and omni-
directional antenna equipment, as well as microwave and point -to -point
equipment.
§99.05 GENERAL REQUIREMENTS
(A) Wireless communications facilities, where permitted, shall be subject to
Administrative Review or Conditional Use Review in the zoning districts specified in
Chapter 153 of this, contingent upon meeting the requirements of Chapters 99 and
153, and other applicable ordinances of the City. Certain facilities as specified in this
Chapter shall be subject to review by the Architectural Review Board in accordance
with §99.11.
(B) The following table summarizes the City's zoning districts and approval procedures
applicable to the facilities regulated by this Chapter.
(1) Administrative Review: See §99.06.
(2) Conditional Use Review: See §99.07.
(3) Architectural Review Board: See §99.11.
Page 7 of 34
Approval Procedures
1
Alternative
Temporary
Zoning District
Co- Location
New Tower
Structure
Facilities
Rural and
Administrative
Not Permitted
Conditional
See §99.10
Residential
Use
Commercial
(except Suburban
and
Administrative
Conditional Use
Administrative
See §99.10
IOnfsTtice
and
Neighborhood
Commercial)
Suburban Office
and Institutional;
Neighborhood
Administrative
Not Permitted
Administrative
See §99.10
Commercial
Page 7 of 34
1 Co- location on existing antenna support structures or towers.
2 The intent of alternative tower structures is to camouflage the tower /antenna installation.
3 If the Director determines that the essential criterion of footnote 2, above, has not been
met, the application for Administrative Review and Certificate of Zoning Plan Approval
shall be denied. The applicant may submit an application for Conditional Use Review by
the Planning and Zoning Commission. (See 99.07)
Co- location on properties in the Rural District or Residential zoning districts and owned
by the City of Dublin, Washington Township, or Dublin City Schools shall be subject to
Administrative Review. (See §99.06)
5 Applications involving a request to install an alternative structure on a property zoned
PUD, Planned Unit Development District allowing residential uses shall be subject to
Conditional Use Review. (See §99.07)
(C) General Requirements
Page 8 of 34
Approval Procedures
1
Alternative
Temporary
Zoning District
Co- Location
New Tower
Structure
Facilities
Limited and
General
Administrative
Conditional Use
Administrative
See §99.10
Industrial,
Technology Flex
OLR and
Restricted
Administrative
Not Permitted
Administrative
See §99.10
Industrial
Innovation Zone
Administrative
Conditional Use
Administrative
See §99.10
Bridge Street
Administrative
Conditional Use
Administrative
See §99.10
Corridor
Planned Districts
Administrative
(except Planned
Administrative
Not Permitted
or Conditional
See §99.10
Industrial Park)
Use
Administrative
Conditional Use
Administrative
See §99.10
Industrial Park
Architectural
ARB Approval
Not Permitted
ARB Approval
See §99.10
Review District
1 Co- location on existing antenna support structures or towers.
2 The intent of alternative tower structures is to camouflage the tower /antenna installation.
3 If the Director determines that the essential criterion of footnote 2, above, has not been
met, the application for Administrative Review and Certificate of Zoning Plan Approval
shall be denied. The applicant may submit an application for Conditional Use Review by
the Planning and Zoning Commission. (See 99.07)
Co- location on properties in the Rural District or Residential zoning districts and owned
by the City of Dublin, Washington Township, or Dublin City Schools shall be subject to
Administrative Review. (See §99.06)
5 Applications involving a request to install an alternative structure on a property zoned
PUD, Planned Unit Development District allowing residential uses shall be subject to
Conditional Use Review. (See §99.07)
(C) General Requirements
Page 8 of 34
The following requirements shall apply to all wireless communications facilities in
any zoning district. These requirements shall be in addition to the regulations of the
specific zoning districts in §99.05(B).
(1) Application
The following information must be submitted for all applications required by
this Chapter unless deemed unnecessary by the Director. An application is not
considered complete until all materials required by this Chapter have been
submitted and accepted by the City in accordance with this Chapter. If an
application is determined to be incomplete, the Director shall promptly notify
the applicant of the information necessary to complete the application. The
Director or the ART may request additional information if deemed reasonably
relevant to the consideration of the application.
(a) Completed application form and application fee.
(b) A scaled and dimensioned site plan (not less than one inch equals 50
feet) clearly indicating the following:
Location, type and height of the proposed wireless
communications facility;
2. The existing or proposed lease area and parcel boundaries for
the site;
On -site land uses and zoning, and adjacent land uses and
zoning (including land in other municipalities);
4. Adjacent roadways and rights -of -way;
Any buildings within 100 feet of the property boundaries;
6. Proposed means of pedestrian and/or vehicular access as
applicable to the type of facility;
7. The setback distance between the proposed wireless
communications facility, equipment shelters and/or cabinets,
and the nearest property line;
8. Elevation drawings of the proposed wireless communications
facilities, including material specifications for all associated
site improvements ; and
9. Any other proposed improvements, including but not limited to
structures, grading, tree removals and replacement, topography,
Page 9 of 34
parking, and other information necessary to determine
compliance with this Chapter.
(c) Legal description and /or property survey of the parent tract and leased
parcel (if applicable).
(d) For all new towers and/or new alternative tower structures, or as
otherwise required by the required reviewing body, the separation
distance from other existing and planned wireless communications
facilities shall be shown on a map, and shall include latitudinal and
longitudinal location coordinates. The applicant shall also identify the
type of construction of the existing wireless communications facilities
and the owner /operators of the existing facilities, if known.
(e) A landscape plan showing proposed landscape materials and quantities,
locations, installation sizes, and other information necessary to
determine compliance with the landscape requirements of Chapter 153.
(f) Location and method of screening structures, if any, including height,
material, style, and color; and, if applicable, the method of camouflage
and illumination. Specification sheets shall be required for all pre-
fabricated site elements.
(g) A statement of compliance with the requirements of this Chapter and
all applicable federal, state or local laws, including those of the FCC
and FAA.
(h) Twenty -four hour emergency contact information and contact
information for the entities providing the backhaul network for the
wireless communications facilities described in the application and
other wireless communications sites owned or operated by the
applicant in the municipality. Contact information for the tower owner,
operator, and emergency contact shall be kept current and on file with
the City at all times.
(i) For all new towers and/or new alternative tower structures, or as
otherwise required by the required reviewing body, a statement by the
applicant and /or a structural analysis sealed by an engineer affirming
that the construction of the wireless communications facility will
accommodate co- location of additional antennas for future users as
applicable.
(j) For all new towers and/or new alternative tower structures, or as
otherwise required by the required reviewing body, a statement from a
engineer of the ability or inability to use existing towers, other
structures, or alternative technology not requiring the use of towers or
Page 10 of 34
structures, to provide the services planned for the use of the proposed
wireless communications facility.
(k) For all new towers and /or new alternative tower structures, or as
otherwise required by the required reviewing body, an inventory of
existing and approved towers, antennas, alternative tower structures,
and antenna support structures that are either within the jurisdiction or
within two miles of the border of the city, with latitudinal and
longitudinal location coordinates. The City may share this information
with other applicants under this Chapter or other organizations seeking
to locate towers or antennas within the jurisdiction of Dublin or other
communities. However, the City is not, by sharing this information, in
any way representing or warranting that the sites are available or
suitable. The inventory of each tower and antenna shall include:
A map showing each location, by address and /or parcel
identification number, including straight -line distances between
each facility;
2. Facility height and design;
Facility owner(s) /operator(s); and
4. Co- location capability of each facility, including alternative
tower structures and antenna support structures.
(2) Application Procedures
(a) Applications for all wireless communications facilities shall be
submitted in accordance with §99.06 or §99.07 of this Chapter, as
applicable.
(b) The applicant shall pay a non - refundable fee as established by the City.
(c) When practicable, application for approval of multiple towers and /or
antenna sites by a single owner of towers and antennas shall be
submitted as a single application or multiple applications, submitted at
the same time.
(d) Historic Register /District
Any application to locate a wireless communications facility on a
building or structure that is listed on a federal or state historic register
or within the Architectural Review District shall be subject to review
by the Architectural Review Board in accordance with §99.11 of this
Chapter, in addition to any other required review procedures.
(e) Public property
Page 11 of 34
Approval by the City Manager shall be required for any applications
involving structures to be located on property owned by the City of
Dublin.
(3) Wireless Communications Facility Support Structures
Towers, antennas, antenna support structures, and all other improvements
associated with a wireless communications facility shall meet the following
requirements:
(a) Design
All wireless communication facility support structures shall have a
monopole, unipole, or similar non - lattice single vertical structure
design and shall be further designed to accommodate at least two
wireless communication arrays of antennas or panels, unless otherwise
required by the required reviewing body. The applicant shall submit an
affidavit by an engineer licensed in the state of Ohio attesting that
these requirements are met.
(b) Color and Finish
Towers, antennas, other wireless communications facility support
structures, and supporting electrical and mechanical equipment shall
either maintain a non - contrasting gray or similar color or have a
galvanized steel finish unless otherwise required by the required
reviewing body or any applicable standards of the FAA and /or the
Ohio Department of Transportation. Alternative tower structures may
maintain another color or finish if determined by the required
reviewing body to be necessary to establish a stealth appearance and
be aesthetically and architecturally compatible with the surrounding
environment.
(c) Compatible Design
The design of buildings and related structures for the wireless
communications facility shall use materials, colors, textures, and
screening so as to be aesthetically and architecturally compatible with
the surrounding environment, as approved by the required reviewing
body.
(d) Antenna Color
If an antenna is installed on a structure other than a tower, the antenna
and supporting electrical and mechanical equipment must be 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 practicable, as determined by the required
reviewing body.
(e) Lighting
Page 12 of 34
Facilities shall not be artificially lighted, unless required by the FAA
or other applicable authority. If lighting is required, the lighting
fixtures and installation must cause the least disturbance to views from
surrounding properties. Alternative tower structures may be lighted if
determined by the required reviewing body to be necessary to establish
a stealth appearance and to be aesthetically and architecturally
compatible with the surrounding environment.
(f) Maximum Height
Wireless communications facilities shall meet the following height
requirements:
In residential zoning districts, up to 80 feet;
2. In all other zoning districts, up to 120 feet, provided that the
facility is designed to be co- locatable for more than one
additional carrier. In no case shall a wireless communications
facility, including antenna, exceed 120 feet, as measured from
grade at the base of the tower, unless the required reviewing
body determines that conditions present in the vicinity require
a taller structure in order to function.
For wireless communications facilities locating on a structure
or building, antenna shall not extend more than 20 feet above
the highest point of the main roof deck or supporting structure
if the antenna is located on a structure other than a roofed
building.
4. Unless otherwise required herein, alternative tower structures
may exceed 120 feet if determined by the required reviewing
body to be necessary to establish a stealth or camouflaged
appearance that is aesthetically and architecturally compatible
with the surrounding environment.
Unless otherwise specified, maximum height exceeding the
provisions of §99.05(C)(3)(f)1 -4 shall require Conditional Use
Review under the provisions of §99.07.
6. As an exception to §99.05(C)(3)(f)1 -5, users locating on a City
of Dublin water tank are exempt from the height requirements
of this Chapter, but facilities shall be no taller than functionally
necessary.
(g) Co- location
Page 13 of 34
Unless physically or technically infeasible, all wireless
communications facilities shall be constructed or reconstructed to
accommodate two or more users.
In connection with any application for Certificate of Zoning
Plan Approval, in order to encourage co- location, an existing
tower meeting co- location requirements that is lower than the
height permitted above may be reconstructed to meet the
maximum heights permitted - after receiving approval from the
required reviewing body. Additionally, reconstructed towers
may be required to be brought into conformance in whole or in
part if the existing tower is determined by the Director to be
nonconforming.
2. A wireless communications facility which is being rebuilt to
accommodate the location of additional antennas may be
relocated on the same site, after receiving approval from the
required reviewing body, provided it meets the setback
requirements of this Chapter.
Co- location requirements may be waived if the required
reviewing body determines that 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 that would exceed new tower
development are an example of what may be determined to be
unreasonable. Satisfactory and substantial information must be
submitted by the applicant demonstrating that the costs are
unreasonable.
(4) Site Requirements
Wireless communications facilities and associated site improvements shall be
sited and developed in accordance with the following requirements:
(a) Setback and Siring Requirements
The setback requirements shall be met for all elements of the
wireless communications facility, supporting structure, and
equipment.
2. A minimum setback of 100 feet from all property lines shall
apply to new towers and /or alternative tower structures unless a
greater setback for principal structures is required by the
zoning district in which the tower is to be located. In
determining the required setbacks and lot area, the entire site,
including all lots or parcels used for the tower, supporting
Page 14 of 34
structures, and equipment, shall be considered, even though the
antennas or towers may be located on leased portions within
the prescribed lot area
The required reviewing body may permit a reduced setback for
alternative tower structures provided that the reduced setback is
required for the function or purpose of that structure and not
for the purposes of the tower /antenna location.
4. The required reviewing body may permit a reduced setback for
all other wireless communications facilities if the location is
required for the function of the tower or antenna and no other
reasonable alternative location exists. Satisfactory and
substantial information must be submitted by the applicant
demonstrating that all other locations are unreasonable.
Refer to §99.05(C)(5) for regulations pertaining to the siting of
equipment associated with wireless communications facilities.
(b) Screening
Screening shall comply with applicable requirements of Chapter 153.
Fencing or other materials used for screening of wireless
communications facilities or associated equipment shall be at least one
foot higher than the structure(s) it is intended to screen, but shall not
exceed 12 feet.
(c) Landscaping
Buffer plantings shall be located on the site to screen adjacent
properties and the base of the wireless communications facility and
associated equipment from adjacent properties and rights -of -way in
accordance with the landscape requirements of Chapters 99 and 153.
(d) Sign
One sign shall be posted in a visible location on the tower, alternative
tower structure, fence, equipment shelter, or other associated
equipment indicating the owner of the facility, and an emergency
contact and phone number. The sign shall not exceed two square feet
and shall be approved as part of the building permit or Certificate of
Zoning Plan Approval. All other signs shall comply with the
requirements of Chapter 153.
(5) Equipment Shelters and Cabinets
(a) Design and Screening
Page 15 of 34
Equipment cabinets or structures used in association with
antennas shall be designed and/or painted to minimize visual
impact.
2. Evergreen plant material shall be used for screening and shall
be planted to ensure that the equipment will be screened to its
full height within three years of planting.
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some
cases, such as towers sited on large, wooded lots, the required
reviewing body may determine that natural growth around the
property may be a sufficient buffer.
4. At the required reviewing body's determination, alternative
screening materials may be used in cases where plant material
is not appropriate.
(b) Underground Equipment Shelters
Underground equipment shelters will be required by the required
reviewing body where equipment shelters are located on properties
that are readily visible from adjacent streets and lots and where
landscape screening is not effective.
(c) Roof- and/or Structure - Mounted Antennas
The equipment cabinet or structure used in association with antennas
shall comply with applicable building codes. Additionally, equipment
shall be sited, designed, and /or painted to minimize visual impact and
be screened so that it is not visible from ground level.
(d) Utility- or Light Pole-MountedAntennas
The equipment cabinet or structure used in association with antennas
shall be located in accordance with the following:
In all zoning districts, the equipment cabinet or structure shall
comply with all applicable setbacks required by the zoning
district in which it is located.
2. If the proposed antenna mounted on a utility or light pole is
located within an existing easement, the applicant shall obtain a
separate easement encroachment agreement as required by the
City Engineer.
(e) Tower - Mounted Antennas
As an exception to §99.05(C)(5)(b), where the required reviewing
body determines that underground equipment shelters are not feasible
Page 16 of 34
due to site conditions or other considerations, equipment shelters
designed using materials permitted for principal structures within the
zoning district shall be provided where applicable. The unmanned
equipment structure shall not exceed the maximum height for principal
structures and comply with setbacks required by the zoning district in
which the shelter is located.
(6) Code Compliance and Permit Requirements
(a) Construction Permits
The installation of any wireless communications facility shall require
compliance with all applicable federal, state, and local regulations and
the securing of all applicable zoning and building permits and
inspections. All towers and wireless communications facilities require
a Certificate of Zoning Plan Approval and applicable building permits
prior to installation.
(b) State or Federal Requirements
1. All wireless communications facilities shall meet or exceed
current standards and regulations of the FAA, the FCC, and
any other agency of the state or federal government with the
authority to regulate towers and antennas.
2. If state or federal standards and regulations are amended, the
owners of the wireless communications facilities governed by
this Chapter shall bring any facilities into compliance with the
revised standards and regulations within six months of the
effective date of the standards and regulations, unless a
different compliance schedule is mandated by the regulating
agency. Failure to bring wireless communications facilities into
compliance with any revised standards and regulations shall
constitute grounds for removal at the owner's expense.
(c) Building Codes and Safety Standards
1. To ensure the structural integrity of towers, the owner of a
tower and/or antenna support structure shall ensure that it is
designed, constructed, and maintained in compliance with
requirements contained in applicable state or local building
codes and the applicable requirements for towers and antenna
support structures that are published by the Electronics
Industries Association, as amended from time to time.
2. If, upon inspection, the City concludes that a wireless
communications facility fails to comply with any applicable
codes and requirements and constitutes a danger to persons or
property, after written notice to the owner, the owner shall have
Page 17 of 34
not more than 30 days to bring the facility into compliance
with those requirements. Failure to bring the facility into
compliance within the required time shall be grounds for
removal at the owner's expense.
(d) License to Operate
Owners and /or operators of wireless communications facilities shall
maintain and submit copies of all approved franchises, certifications,
licenses, and permits required by law for the design, construction,
location, and operation of wireless communications facilities in Dublin.
Evidence of renewal or extensions shall be promptly provided to the
Director.
(e) Certification
Any information of an engineering nature required by this Chapter,
whether civil, mechanical, or electrical, shall be certified by a licensed
engineer.
Penalty, see §99.99
§99.06 ADMINISTRATIVE REVIEW
(A) General Provisions
(1) Administrative Review Team (ART)
(a) The purpose of the Administrative Review Team is to provide for
review and approval authority for certain wireless communications
facilities as required by this Chapter. The Administrative Review
Team is responsible for the comprehensive review of each application,
and making recommendations to the Planning and Zoning Commission,
Architectural Review Board, or Board of Zoning Appeals where
required. (b) The Administrative Review Team shall consist of the
Director (Chair), City Engineer, Fire Chief, Economic Development
Manager, Parks and Open Space Director, Police Chief, and Chief
Building Official, or their representatives, and any other members
appointed by the City Manager as deemed necessary, either as
permanent or temporary members.
(c) The Administrative Review Team may use the services of other
professionals, such as architectural, engineering, and other consultants
as they deem necessary, to advise the ART on the application of the
provisions of this Chapter.
(2) An application for Administrative Review shall be made in accordance with
the requirements of §99.05(C)(1) -(2).
Page 18 of 34
(4) Public Reviews
Where public reviews are required by this Chapter, a written notice of the
public meeting shall be sent to the applicant, property owner, and owners of
parcels of land within 300 feet of the subject parcel(s), as listed on the County
Auditor's current tax list, not less than 10 days prior to the meeting. The
notice shall, at a minimum, indicate the property that is the subject of the
request, describe the nature of the request, the time, date, and location of the
meeting at which the application will be considered, and indicate when and
where written comments will be received concerning the request.
(5) Time Extensions
(a) Where the provisions of this Chapter require that an action be taken by
the City within a stated period of time, that time may be extended with
the written consent of both the applicant and the Director prior to
expiration of the required time period.
(b) If the applicant submits a revised application during any required
review period, and the Director determines that the revised application
differs substantially from the previous application, a new review
period shall begin and additional meetings of the required reviewing
body may be scheduled if deemed necessary by the Director.
(6) Duration of Approvals
Approvals of requests for Administrative Review made in accordance with
this Chapter shall be valid for a period of one year. If an initial building permit
for the approved facility has not been issued within that one year period, the
applicant shall be required to submit a new request for Administrative Review,
as applicable, pursuant to this Chapter before obtaining a building permit.
(7) Resubmission
No application for Administrative Review which has been denied by the
required reviewing body shall be resubmitted for a period of one year from the
date of the decision, unless permitted by the Director after a demonstration by
the applicant of a change of circumstances from the previous application that
may reasonably result in a different decision.
(B) Pre - Application Review
(1) Purpose and Applicability
(a) At the option of the applicant, a Pre - Application Review may be
scheduled prior to filing a formal application for Administrative
Review. The Pre - Application Review is not part of the formal
application review process or the required review period. The purpose
of the Pre - Application Review is to provide non - binding feedback to
applicants to assist in expediting the Administrative Review process.
Page 19 of 34
Any materials submitted to the City for the purposes of the Pre -
Application Review shall become part of the public record.
(b) Pre - Application Reviews do not result in a development decision or
permit, and shall not obligate the City or the applicant to take any
action on the proposal.
(2) Pre - Application Review Procedure
(a) A request for a Pre - Application Review shall be made in accordance
with the provisions of §99.06(B). As an exception to the application
requirements listed in §99.05(C)(1), potential applicants may submit
conceptual information based on the amount of information known
about the project at the time a request for Pre - Application Review is
made. The request shall include, at a minimum, ten copies of the
following information:
A general description of the proposal including a description of
conformance to this Chapter;
2. A site plan generally demonstrating the nature of the proposed
wireless communications facility and associated site
improvements;
Conceptual facility elevations; and
4. Any other materials for which the potential applicant would
like to receive feedback.
(b) The City shall notify the applicant in writing at least five days prior to
the Pre - Application Review.
(c) The Administrative Review Team and other applicable departments
shall be promptly notified of the Administrative Review Team Pre -
Application Review. Prior to the meeting the Director shall distribute
the submitted materials to the Administrative Review Team and other
applicable City departments for input and recommendations.
(d) The Administrative Review Team shall review the submitted materials
and provide non - binding input and recommendations. The ART shall
complete its review of the application not more than 14 days from the
date the request was submitted.
(e) A written summary of comments and suggestions made during the Pre -
Application Review shall be provided to the applicant not more than
10 days after the Pre - Application Review.
(C) Administrative Review
(1) Purpose and Applicability
(a) The purpose of the Administrative Review is to ensure that wireless
communications facilities meet the applicable requirements of this
Chapter.
Page 20 of 34
(b) Administrative Review is required for all new wireless facilities, co-
locations, and all modifications to existing facilities as required
by §99.05(B). Cable microcell networks and distributed antenna
systems that do not require the use of towers shall also be subject to
Administrative Review.
(c) Temporary wireless facilities shall meet all application and approval
requirements of §99.10.
(2) Administrative Review Considerations
The Administrative Review Team shall render a decision on an application for
Administrative Review based on the following considerations:
(a) Antennas locating on an existing building or other antenna support
structure other than a tower may be approved as a use accessory to any
commercial, industrial, professional, office, institutional, or similar
structure, provided:
The antenna is designed to be as unobtrusive as possible;
2. The antenna does not extend more than 20 feet above the
highest point of the main roof deck or supporting structure if
the antenna is located on a structure other than a roofed
building; and
The antenna complies with the applicable provisions of §99.05.
(b) Co- located antennas on existing or reconstructed towers may be
approved provided the color and design of the antenna is consistent
with the existing tower and is designed to be as unobtrusive as possible.
The Administrative Review Team shall approve co- located
antennas on a tower in instances where proposed co- location
does not substantially change the physical dimensions of the
tower and meets the requirements of this Chapter.
(c) Alternative tower structures may be approved in accordance with the
following:
The required reviewing body may approve the location of an
alternative tower structure provided the site meets the purpose,
objectives and applicable requirements of this Chapter.
2. The objective of Administrative Review for alternative tower
structures is to encourage ingenuity and the use of innovative
methods to camouflage these facilities. If the application is
denied by the Administrative Review Team following a finding
Page 21 of 34
that the proposed facilities have not been reasonably disguised
or camouflaged, the applicant may file an application for
Conditional Use Review in accordance with §99.07.
(d) Cable microcell network or distributed antenna systems using multiple
low- powered transmitters /receivers attached to existing wireline
systems, such as conventional cable or telephone wires, or similar
technologies /mechanisms may be approved provided that the use of
towers is not required and all other applicable provisions of this
Chapter have been satisfied.
(3) Decisions
(a) Any application required by this Chapter to be reviewed under the
provisions of §99.06 shall be approved, approved with conditions, or
denied by the Administrative Review Team based on the applicable
review standards as provided in this Chapter not more than 28 days
from the receipt of a completed application. The Administrative
Review Team shall state the reasons for their decisions in the minutes
and provide a written record of the decision to the applicant not more
than 10 days after a recommendation or decision is made, unless
otherwise provided in this Chapter.
(b) Prior to reaching a decision, if the Administrative Review Team
determines that an application does not meet the applicable review
standards as provided in this Chapter, but determines that the
application could meet those criteria with modifications that could not
be reasonably conditioned, the applicant may request that the
application be tabled to provide the opportunity to make those
modifications. If the request for tabling is granted, a new review
period shall begin on the date the applicant submits a complete
application with revised materials and shall be subject to the timeframe
for rendering a decision as provided in §99.06(C)(3)(a).
(c) Following the approval of an application for Administrative Review,
the applicant may proceed with the process for obtaining a Certificate
of Zoning Plan Approval and building permit, consistent with the
approval as granted. All construction and development under any
building permit shall comply with the approval, as applicable.
(4) Certificate of Zoning Plan Approval
A Certificate of Zoning Plan Approval issued by the Director verifying
compliance with all applicable zoning requirements is required prior to
modification, extension, or alteration of wireless facilities.
(D) Administrative Departures
Page 22 of 34
(1) Purpose and Applicability
The intent of §99.06(D) is to provide an administrative process to allow minor
deviations from the strict application of requirements of Chapter 99 caused by
unusual site or development conditions or other similar conditions that require
reasonable adjustments, but remain consistent with the intent of this Chapter.
Examples include, but are not limited to, adjustments to wireless
communications facility setbacks, landscaping and screening, or other similar
features or elements.
(2) Review Procedure
(a) An application for Administrative Departure may be submitted with an
application for Administrative Review, or at any time after an
application has been submitted and before a decision or
recommendation by the Administrative Review Team has been made.
If an application for Administrative Departure is made after an
application for Administrative Review has been filed, the Director may
require that the time period for Administrative Review start over on
the day the request for an Administrative Departure is received.
(b) An application for an Administrative Departure may be processed
simultaneously with the application for Administrative Review to
which it relates. The Administrative Review Team shall determine
whether each requested Administrative Departure is approved,
approved with conditions, or denied.
(c) Should the Administrative Review Team find that the request does not
meet the criteria for an Administrative Departure, the applicant may
file for a Variance in accordance with §153.231, or submit a new
application for Administrative Review.
(3) Criteria for Administrative Departure Approval
The Administrative Review Team shall make its decision on an
Administrative Departure based on the following criteria:
(a) The need for the Administrative Departure is caused by unique site
conditions, conditions on surrounding properties, and is not being
requested simply to reduce cost or as a matter of general convenience;
(b) The Administrative Departure does not have the effect of authorizing
any wireless communications facility type that is not otherwise
permitted in that zoning district;
Page 23 of 34
(c) The Administrative Departure does not modify any numerical
development standard by more than 10% of the requirement; and
(d) The Administrative Departure, if approved, will ensure that the
wireless communications facility is of equal or greater development
quality with respect to design, material, and other features than without
the Administrative Departure.
(E) Appeals
The determination rendered by the Administrative Review Team may be appealed to
the Board of Zoning Appeals within 20 days of the decision by any person aggrieved
by the decision. The Appeal shall be filed with the City, specifying the grounds, in
conformance with §153.231 of this Code.
(1) An Appeal shall stay all proceedings in furtherance of the action appealed
from unless the Director certifies to the Board of Zoning Appeals, after notice
of Appeal has been filed, that, by reason of the facts stated in the Record of
Determination, a stay would cause imminent peril to life or property. In this
case, the proceedings shall not be stayed other than by a restraining order,
which may be granted by a court of record.
(2) In deciding the Appeal, the Board of Zoning Appeals shall determine, in
conformance with §153.23l(F) of this Code, whether the decision was made
using the proper requirements and standards of this Chapter. The decision of
the Board of Zoning Appeals is limited to the information that was available
to the Administrative Review Team for the initial decision, including any
materials included as part of the written record of the decision. Additional
testimony is not appropriate.
(3) If the Board of Zoning Appeals determines that the Administrative Review
Team made an improper decision the Board may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination
appealed from, and may make an order, requirement, decision, or
determination as ought to be made, and to that end shall have all the powers of
the Administrative Review Team.
(4) The findings of the Board of Zoning Appeals shall be based on and supported
by substantial evidence contained in a Board Order, which shall be forwarded
to the applicant within 10 days following the final determination.
(5) The decision of the Board of Zoning Appeals may be further appealed to City
Council within 10 days of the Board's decision.
(6) City Council must determine whether to hear the Appeal, in its sole discretion
by a motion passed by a majority vote, no later than 21 days following the
Clerk of City Council's receipt of the written notice of Appeal, unless an
extended time is agreed upon by the City Manager and the applicant.
Page 24 of 34
(7) City Council shall decide the Appeal no later than 28 days following the date
of Council's decision to hear the Appeal, unless an extended time is otherwise
agreed upon by City Manager and the applicant. In considering the Appeal,
City Council may consider any evidence and may affirm, reverse, or
otherwise modify the decision of the Board of Zoning Appeals or any other
part of the application.
(F) Concurrent Application Review
(1) Applications for building permits, electrical permits, other applicable permits,
and Certificates of Zoning Plan Approval associated with the building permit
application process may be submitted with the application for Administrative
Review and may be processed and reviewed concurrently with the
Administrative Review application if desired by the applicant.
(2) Review of the building permit applications and zoning approvals described in
§99.06(F)(1) shall be subject to the statutory timing requirements that apply to
building permit application reviews. Accordingly, the applicant should
consider the nature and complexity of the request prior to submitting for
concurrent review.
(3) Requests for Certificates of Zoning Plan Approval and building permits for
wireless facilities cannot be approved for zoning compliance until an
affirmative Record of Determination of the Administrative Review Team and
all other zoning approvals are obtained and attached to the appropriate
building permit documents.
§99.07 CONDITIONAL USE REVIEW
(A) Applications
Applications for Conditional Use Review for towers or antennas shall be reviewed by
the Planning and Zoning Commission, as required by §99.05, subject to the
procedures and requirements of §153.236, except as modified in §99.07.
(B) Conditional Use Review Considerations
In addition to any standards for consideration of applications for Conditional Use
Review pursuant to §153.236 of this Code, the Planning and Zoning Commission
shall consider the following factors in determining whether the application should be
approved:
(1) Compliance with the requirements of this Chapter;
(2) Height of the proposed tower or facility and its proximity to residential
structures and residential districts;
Page 25 of 34
(3) Nature of the potential for adverse effects on uses on adjacent and nearby
properties;
(4) Relationship of surrounding topography to the view from nearby properties;
(5) Surrounding tree coverage and foliage and the ability to screen the facilities
from the view of nearby properties;
(6) Design of the tower or facility, with particular regard to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(7) Proposed ingress and egress for maintenance, safety, and prohibition of
nuisances;
(8) Availability of suitable existing towers, other structures, or alternative
technologies not requiring the use of towers or structures, with regard to the
following:
(a) New towers shall be approved only when other preferable alternatives
are not available. No new tower shall be permitted unless the applicant
demonstrates to the reasonable satisfaction of the Commission that no
existing tower, structure, or alternative technology is available to fill
the communication requirements.
(b) An applicant shall submit required information for review by the
Planning and Zoning Commission related to the availability of suitable
existing towers, other structures, or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure, or
alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following:
No existing towers or other suitable structures are located
within the specific geographic limits meeting the applicant's
engineering requirements.
2. Existing towers or structures either do not have sufficient
height to meet the applicant's engineering requirements, or
have insufficient structural strength to support the applicant's
proposed antenna and related equipment.
The applicant's proposed antenna would cause frequency
interference with the antenna on the existing towers or
structures, or the antenna on the existing towers or structures
would cause interference with the applicant's proposed antenna.
Page 26 of 34
4. The fees, costs, or contractual provisions required by the owner
in order to share or to adapt for sharing an existing tower or
structure, are unreasonable. Costs that would exceed new tower
development is an example of what may be presumed to be
unreasonable.
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
6. The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a e
pe'�r4-_ or CMN using multiple low- powered
transmitters /receivers attached to a wireline system, is
unsuitable. Costs of alternative technology that exceed new
tower or antenna development shall not be presumed to render
the technology unsuitable, but may be considered as a factor in
the decision.
7. The applicant provides documentation that other tower owners
were contacted in writing demonstrating the above
considerations.
(C) In granting a conditional use, the Planning and Zoning Commission may impose
conditions to the extent necessary to minimize any adverse effect of the proposed
tower or antenna support structure on adjoining properties or to meet the review
considerations of this section.
(D) The findings and decision of the Planning and Zoning Commission shall be based on
and supported by substantial evidence contained in a written record and Record of
Action which shall be forwarded to the applicant within 10 days following the
decision. The decision of the Planning and Zoning Commission shall be final.
§99.08 ABANDONMENT OF WIRELESS COMMUNICATIONS
FACILITIES
(A) Abandonment
(1) All providers utilizing wireless communications facilities shall notify the City
in writing of the location and date that any tower facility located in the city
whose use will be discontinued. If the use of the facility is discontinued for
180 days without notice from the owner /operator or the owner of the property,
the City Manager may declare the facility to be abandoned (this excludes any
dormancy period between construction and the initial use of the facility). The
facility's owner /operator and property owner will receive written notice from
the City and be instructed to either reactivate the facility's use within 180 days,
or dismantle and remove the facility.
Page 27 of 34
(2) If reactivation or dismantling does not occur as described in §99.08(A)(1)
above, the City will either remove or cause the facility and associated
structures to be removed and assess the costs to the owner /operator and
property owner. In the case of a multi -use tower or wireless communications
facility, this provision does not become effective until all users cease use of
the tower or facility. However, the City may cause the abandoned portions of
systems on the multi -use tower or facility to be removed in accordance with
this provision.
(B) Before initiating action to remove the facility, the City must provide the owner of the
tower or wireless communications facility and the property owner 90 days written
notice and an opportunity to be heard before the Board of Zoning Appeals to appeal
the decision. After this notice has been provided, or following a determination by the
Board of Zoning Appeals that the tower or facility has been abandoned, the City may
take whatever action that is lawful to order the removal or demolition of the tower or
facility and all appurtenances.
(C) If the removal is appealed, a public hearing will be held before the Board of Zoning
Appeals following the 90 -day notice required in §99.08(B). All interested parties
shall be allowed an opportunity to be heard at the public hearing.
(D) After a public hearing is requested by the tower or wireless communications facility
owner and held pursuant to §99.08(C), the Board of Zoning Appeals may recommend
that the City Manager order the removal or demolition of the tower. The City may
require the tower or facility owner or former owner to pay for all expenses necessary
to remove or demolish the tower or facility.
§99.09 NONCONFORMING TOWERS OR WIRELESS
COMMUNICATION FACILITIES
(A) Conforming Use
Wireless communication facilities that are constructed in accordance with the
provisions of this Chapter shall be deemed conforming uses or structures, regardless
of their date of construction. This shall be the case even when new facilities are added
to a nonconforming installation, provided that any new facilities meet the
requirements of this Chapter.
(B) Existing Towers
Towers already in existence shall be allowed to continue their use as they exist as of
the date of the adoption or amendment of this Chapter. Routine maintenance
(including replacement with a new tower of like construction and height serving the
same purpose) shall be permitted. A replacement tower must be constructed within
180 days of removal of the initial facility unless the owner demonstrates that meeting
this requirement is not possible due to conditions not reasonably within their control.
The Director may permit new construction and /or equipment replacement, other than
routine maintenance on an existing tower, provided it complies with the requirements
Page 28 of 34
of this Chapter and applicable requirements of Chapter 153 to the extent that existing
conditions permit.
(C) Damaged or Destroyed Nonconforming Wireless Communications Facilities
Notwithstanding this section §99.09, nonconforming wireless communications
facilities that are damaged or destroyed by actions outside the owner's control may be
rebuilt without having to first obtain Administrative Review or a Conditional Use
approval. Any other permits applicable to construction or reconstruction must be
obtained. The type, height, and location of the wireless communications facility shall
be the same as the original approved facility and constructed in accordance with
currently applicable building codes. Permits for construction shall be obtained within
180 days from the date the facility is damaged or destroyed, and reconstruction shall
be started within 6 months from the time of damage and shall be continued until
completed. If no permit for construction is obtained, or if an issued permit expires,
the facility shall be deemed abandoned as specified in §99.08.
§99.10 TEMPORARY WIRELESS COMMUNICATIONS
FACILITIES
(A) General
Temporary wireless communications facilities may be approved as provided for in
this Chapter to:
(1) Allow communications providers to administer limited frequency and
modulation testing to evaluate system performance and the need for additional
wireless communications facility sites. Any approval shall not exceed 30 days.
(2) Allow communications providers to supplement communications coverage
when a previously permitted wireless communications facility has become
involuntarily non - operational through an accident or force majeure. Any
approval shall not exceed 30 days.
(3) Address a substantial increase in the communications needs of the businesses,
residents, and visitors of the city for a limited period of time in circumstances
where an emergency has been declared by the city, state or federal
government. The approval shall not extend beyond the time of the declared
emergency.
(4) Address a substantial increase in the communications needs of the businesses,
residents, and visitors of the city for a limited period of time in circumstances
when large conferences or special events are held within the city limits. The
approval shall not exceed 14 days.
(5) Allow providers to maintain uninterrupted wireless communication service
through the use of temporary wireless facilities during extended periods of
time due to substantial maintenance or capital projects undertaken or caused
Page 29 of 34
by the City. The approval shall not exceed the duration agreed to by the City
and the affected wireless provider(s).
(6) Allow providers to maintain uninterrupted wireless communication service
resulting from what the Director determines to be unforeseen circumstances
and /or needs for temporary alternative wireless communication facilities. The
approval shall not exceed the duration agreed to by the City and the affected
wireless provider(s).
(37) The Director may permit one extension equal to the time periods permitted
above, provided the extension is requested in writing prior to the expiration of
the original approval period. Extensions may be granted provided the Director
finds that the extension is reasonably necessary to resolve or accommodate the
reasons for the original approval.
(B) Application and Approval
(1) Due to the emergency nature often associated with temporary wireless
facilities, authority to locate a temporary wireless communications facility in
the city will be subject to the approval of the Director after review by any
other members of the Administrative Review Team that the Director deems
necessary following receipt of a completed application for a temporary
wireless communications facility.
(2) A temporary wireless communications facility may only be approved by the
City for the limited purposes and time periods described in §99.10(A).
(3) Except as authorized by the Director during declared emergencies, all
approved temporary wireless communications facilities shall:
(a) Be limited in height by the requirements of the zoning district in which
the site is located. The Director may permit a greater height if the
height is required for the function of the temporary wireless
communications facility and no other reasonable alternative exists.
(b) Be set back a minimum of 100 feet from any adjoining or adjacent
property line, as measured from the nearest part of the facility and/or
any associated equipment. The Director may permit a lesser setback if
the location is required for the function of the temporary wireless
communications facility and no other reasonable alternative location
exists.
(c) Minimize the visual impact of ground equipment to adjoining or
adjacent properties.
Page 30 of 34
(d) Provide temporary screening as may be required by the Director, such
as available natural land formations, plant materials, and natural
foliage to effectively screen from view as much of the temporary
wireless communications facility as reasonably possible.
(e) Only commence installation at the approved site 48 hours before actual
site use may begin.
(f) Be completely removed from the approved site with all site restoration
finalized and returned to previously existing conditions within 48
hours following the required termination deadline or extension.
(g) Not use an electric, gas, or other type of generator that causes or
permits any noise to emanate from it in a manner, intensity, and /or
duration to create unreasonable noise or sound audible from a distance
of 50 feet, and causes inconvenience and annoyance to persons of
ordinary sensibilities.
(h) Not be illuminated unless otherwise required by the FCC or the FAA.
(i) Be required to comply with the applicable provisions of §99.05(C)(3)
and all applicable federal, state or local laws.
(4) Applications for the location of a temporary wireless communications facility
shall include the following, unless deemed unnecessary by the Director:
(a) A statement of authorization from the owner of the real property upon
which the temporary wireless communications facility is proposed to
be located that authorizes the location of the temporary wireless
communications facility.
(b) A list of all property owners and registered homeowners associations
and their addresses within 150 feet of the proposed temporary wireless
communications facility site. The City may require the applicant to
provide adjacent property owners with a descriptive notice of the
proposed temporary wireless communications facility, site plan, and
the anticipated dates of operation.
(c) A description of the proposed facility and all associated equipment,
including structural design, proposed height, color, location, fencing
and /or screening, and approximate setback from property lines.
(d) Typical elevations or photographs indicating the general appearance of
the temporary facility.
Page 31 of 34
(e) A site plan or aerial photo generally indicating the location and
setbacks of the temporary facility.
(f) Any other information that the Director may deem reasonably
necessary to adequately evaluate the request.
Penalty, see §99.99
§99.11 ARCHITECTURAL REVIEW
(A) Applications
Applications requiring architectural review for wireless communication facilities shall
be reviewed by the Architectural Review Board as required by §99.05 subject to the
procedures and requirements of §153.066(F)(6) and §153.173 of the Code as
applicable, except as modified in §99.11.
(B) General Review Considerations
The Board shall determine whether the request will be appropriate to the preservation
of the historic and architectural character of the District or of the historic property
pursuant to the criteria specified in §99.11. Every reasonable effort shall be made to
ensure that the use of the property will involve minimal alteration of existing
buildings, structures, or sites and its environment.
(C) Architectural Review Criteria
In addition to any standards for consideration of applications to the Architectural
Review Board pursuant to § 153.066(F)(6) and § 153.174 of the Code, the Board shall
consider the following factors in determining whether the wireless communications
facility application should be approved:
(1) Compliance with the requirements of §99.05(C);
(2) Height of the proposed tower and its proximity to residential structures and
residential districts within their jurisdiction;
(3) Nature of uses on adjacent and nearby properties;
(4) Design of the wireless communications facility, with particular regard to
design characteristics that have the effect of eliminating visual obtrusiveness
while demonstrating substantial consistency with the historical and
architectural character of the area,
(5) Proposed ingress and egress;
(6) Ability to screen or eliminate from view all associated equipment and service
structures from adjacent properties and public rights -of -way.
Page 32 of 34
(7) Availability of suitable existing towers, other structures, or alternative
technologies not requiring the use of towers or structures. New facilities shall
be approved only when other preferable alternatives are not available. No new
facilities shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the Architectural Review Board that no existing
tower, structure, or alternative technology is reasonably available to fill the
communication requirements.
(a) An applicant shall submit information to the Architectural Review
Board related to the availability of suitable existing towers, other
structures, or alternative technology. Evidence submitted to
demonstrate that no existing tower, structure or alternative technology
can accommodate the applicant's proposed antenna may consist of any
of the following:
No existing towers or other suitable structures are located
within the specific geographic limits which meet the applicant's
engineering requirements.
2. Existing towers or structures either do not have sufficient
height to meet the applicant's engineering requirements, or
have insufficient structural strength to support the applicant's
proposed antenna and related equipment.
The applicant's proposed antenna would cause frequency
interference with the antenna on the existing towers or
structures, or the antenna on the existing towers or structures
would cause interference with the applicant's proposed antenna.
4. The fees, costs, or contractual provisions required by the owner
in order to share or to adapt for sharing an existing tower or
structure are unreasonable. Costs exceeding new tower
development are presumed to be unreasonable.
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
6. The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a
distributed antenna system or cable microcell network using
multiple low- powered transmitters /receivers attached to a
wireline system, is unsuitable. Costs of alternative technology
that exceed new tower or antenna development shall not be
presumed to render the technology unsuitable, but may be
considered as a factor in the decision.
Page 33 of 34
7. The applicant provides documentation that other tower owners
were contacted in writing demonstrating the above
considerations.
(D) The Architectural Review Board may impose conditions to the extent that it
concludes that conditions are necessary to substantially camouflage the proposed
structure and/or minimize any adverse effect of the tower on the historical nature of
the site and /or adjoining properties, and /or to meet the review considerations of this
Chapter.
(E) The findings and decision of the Architectural Review Board shall be based on and
supported by substantial evidence contained in a Board Order which shall be
forwarded to the applicant within 10 days following the decision. Any applicant
aggrieved by a decision of the Board may appeal the decision to the Board of Zoning
Appeals in accordance with the provisions of § 153.180 of the Code.
§99.99 PENALTY
(A) In addition to any other penalties set forth in this Chapter, any person or permittee
violating any section in this Chapter shall be guilty of a minor misdemeanor. Each
day the violation continues shall be deemed a separate offense.
(B) Nothing herein shall prevent the City from taking any other lawful action, including
civil actions at law or equity, including temporary restraining orders, preliminary
injunctions and permanent injunctions, as is necessary to prevent or remedy any
violations.
Page 34 of 34
ORDINANCE 19 -13
Wireless Communications Regulations Amendment —
Red -lined version follows
CHAPTER 99: WIRELESS
COMMUNICATIONS REGULATIONS
§99.01 PURPOSE.- AND INTENT
(A) The purpose of this ehffpterChanter is to regulate the placement, construction, and
modification of towers and wireless communications facilities iH- efler-to protect
the health, safety and welfare of the public, while at the same time not
unreasonably interfering with the development of the competitive wireless
communications marketplace in the city.
(B) The ek-)4 i 's intent is to ncourage wireless
communications service providers that seek to further the following eity
priorities:
(1) Co- locate on/with other existing towers /structures /facilities or locate on
existing structures.
(2) Require new towers and other related structures to accommodate multiple
users wherever pes4131e nracticable .
(3) Locate towers in the least obtrusive locations and manner g+uet}
present and evolving technology.
(4) Minimize adverse health, safety, public welfare-@+ and visual impacts
through co- location, siting, design, and construction, while upholding the
purposes and objectives of this ehftptef nter
§99.02 OBJECTIVES.
The following are the e y4Q 's objectives regarding wireless communication
regulations
(A) To comply with the Telecommunications Act of 1996 to i l an of
as amended including my subsequent rules and /or rule
interpretations by appropriate state and federal agencies and /or courts.
(B) To work f3f a ae+ike1- ctively with * wireless communications
sef e-providers to ensure rapid and reliable deployment of their
services /technologies, while minimizing negative ets effects on the city.
rg,,gg,a „P age 1 of-2-47
(C) To direet that the location of towers and wireless communications facilities
in the city rovide appropriate wireless communication coverage consistent with
these objectives
(D) To allow, under certain conditions, appropriate City -owned p roperty
and structures to be used for wireless communications facilities.
(E) To minimize adverse visual impacts of towers and wireless communications
facilities through careful design, siting, landscaping, and innovative camouflaging
techniques.
(F) To promote and encourage shared use /co- location of towers and antenna support
structures as a primary option rather than construction of additional single -use
towers.
(G) T ,-v o id pe t ..4ial damage t , dja ...t ....epei4ies eati b , ensure towers and
wireless communications facilities onsuring tT ose s400t.....,, are soundly and
carefully designed, constructed, modified, maintained and removed when no
longer in use
(H) To t h@ great ._,....t feasible, nsure to the maximum extent practicable that
towers and wireless communications facilities are compatible with surrounding
and nearby land uses.
(1) To t h@ great ._,....t feasible, nsure to the maximum extent practicable that
proposed towers and wireless communications facilities are placed in locations
that are designed in hafmetpf-A44kto preserve adjacent natural settings and in a
manner consistent with suffeat and planned development patterns.
§99.03 APPLICABILITY-
(A) All towers, antenna support structures, and wireless communications facilities,
any poAieff ons of which are located within the e4} of Dublin are subject
to this ehaptef. -r e_s an d ,...t Chanter. Wireless communications facilities
and antenna support structures shall be regulated and permitted pursuant to this
ekaptef and shall not be interoreted, regulated or permitted as essential
services, public utilities, or private utilities.
(B) Except as provided in this ekterChanter, any approved use being made o f a
nonconforming tower or antenna support structure on the effective date of this
ekeptef shall be allowed to continue, even if in conflict with the terms of
rg,,gg,a „P age 2 of-2-47
this ,.hapt.. 001 feeenstniptiF)n o f a:a t: t,. , . en P-R- a f..... in ,.tn. et fe
being .. en °4 ° "'��!'hanter. but shall not be expanded. reconstructed. or
modified unless in conformance with this Chanter, as required to P
ehapter 99.09.
(C) Should a p rovision of this ehapterChanter conflict with axether other
provision of the eedeCode, the strictest provision shall prevail.
(D) This ekapter er and the various sections and clauses thereof, are hereby
declared to be severable. If any part, sentence, paragraph, section, clause, or word
is adjudged unconstitutional or invalid for any reason, by any court of competent
jurisdiction, the invalidity shall not affect the remaining portions or applications
of this chapter which shall be given effect without the invalid portion or
application, provided those remaining portions are not determined by the court to
be invalid.
§99.04 DEFINITIONS.
(A) General use of terms-
(1) The terms, phrases, words, and their derivations used in this
ehapter hapter shall have the meanings given in this section.
(2) When consistent with the context, words used in the present tense also
include the future tense; words in the plural number include the singular
number; and words in the singular number include the plural number.
(3) All eap terms used in the definition of any other term shall have
their meaning as otherwise defined in this section.
(4) The words "shall' and "will' are mandatory and "may" is permissive.
(5) Words not defined shall be given their common and ordinary meaning.
(B) Defined terms-
ADMINISTRATIVE REVIEW TEAM or ART. Members of City staff listed in 599.06
or their designated representatives and others appointed by the Citv Manager as deemed
necessary.
ALTERNATIVE TOWER STRUCTURE. Man m meIncludes. but is not limited to man-
made trees, clock towers, bell steeples, light poles, power poles, #gag-peles, and similar
alternative- design mounting structures thet other buildings or structures that are
rg,,gg,a „P age 3 of-2-47
intended to camouflage or conceal the presence of antennas, towers and other wireless
communications facilities
ANTENNA. Any o+ie — transmitting or receiving device used in communications that
radiate or capture electromagnetic waves, digital signals, analog signals, radio
frequencies (exel ding fadaf signals) wireless communications signals or other
communication signals w.,.,,.. ed on a tower building or s4ue4ur
ANTENNA SUPPORT STRUCTURE. Any building or elker structure other than a
tower which can be used for the location of wireless communications facilities.
APPLICANT. Any person that applies for a A; 44: a 4 e i ze4ging plan a4 &r -
44 A Administrative Review, Conditional Use Review, Certificate of Zoning Plan
Approval, or other permit or approval according to the requirements of this
ekaptef
APPLICATION. The materials and process by which an applicant submits a request as
authorized by the propert y owner and indicates a desire to be granted approval of an
antenna, tower -mil er, antenna support structure or any other wireless communications
faoilit under the provisions of this ekaptefChanter An application includes all written
documentation, verbal statements, and representations, in whatever form or forum, made
by an applicant to the eAy the request but shall not include materials
submitted as part of a request for non - binding Pre - Application Review
ARCHITECTURAL REVIEWBOARD orARB. The Architectural Review Board of the
City, as created by 5153.172.
ARCHITECTURAL REVIEW DISTRICT. The Architectural Review District of the
City. The term may also be used to refer to Ohio Historic Inventory Properties as
provided in 5153.170, where appropriate.
BACKHAUL NETWORK. The lines infrastructure that eenneet _onnects a provider's
IeweFR4@ l wireless communications facility sites to one or more cellular telephone
switching offices, and/or long distance providers, or the public switched telephone
network.
BOARD OF ZONING APPEALS or BZA The Board of Zoning Appeals for the
e City. as created by the Dublin City Charter. Article VII
CABLE MICROCELL NETWORK or CMN. A wireless telecommunications facility
characterized by small antennas and equipment cabinets, and typically located on a small
diameter monopole; on an existing or replacement street light, power pole, sign, or other
suitable structure; or on an existing building.
rg,,gg,a, ,P age 4 of -2-47
CELLULAR -ON- WHEELS or COW. A temporary mobile wireless communications
facility that consists of a wireless antenna tower and associated equipment on a truck
trailer, or other mobile structure designed to be part of a wireless network.
CHIEF BUILDING OFFTCTAL. The Chief Building Official of the City
CITY. The City of Dublin, a mun .............t".. i the State of Ohi ,, eting b - a
t4.-,. 4 (;4 C,...*e40hio
CITY ENGINEER. The City Engineer ofthe City.
CODE. The Code of Ordinances of the City.
CO- LOCATION. The use of, or ability to use, a wireless communications facility or
support structure by more than one wireless communications provider or more than one
wireless antenna array
CONDITIONAL USE. A use allowed in a zoning district after approval of the Planning
and Zoning Commission according to the provisions of §153.236 of this Code€
8rditiatzees.
COUNCIL. The City Council of the City-ef-l)ub".
DIRECTOR. The Director of the -C4yls - Land Use & and Long Range Planning Divisiex
the Ci or a designee.
DISTRIBUTED ANTENNA SYSTEM or DAS. A network of spatially separated
antenna nodes connected to a common source via a transport medium that provides
wireless service within a geographic area or structure which also may or may not contain
fiber optic transport and /or landline components.
DISTRICT, yr ZONING DISTRICT, yr ZONE DISTRICT. A portion of the city within
which certain uses of land and /or buildings are permitted and ,4 v,hieh PP44niff under
the regulations and requirements apply tm d + tk... isie4qg f Chapter 153 oftlris
Code of!`�
EMERGENCY. A reasonably unforeseen occurrence with a potential to endanger
personal safety or health, or cause substantial damage to property, that calls for
immediate action, mitigation, or abatement.
ENGINEER. Any engineer currently licensed by the State of Ohio.
EQUIPMENT SHELTER CABINET. The structure in
which the electronic receiving and relay equipment or other necessary equipment for a
wireless communications facility is keused
rg,,gg,a „P age 5 of-2-47
FAA. The U.S. Federal Aviation Administration, and any legally appointed, designated,
or elected agent or successor.
FCC. The U.S. Federal Communications Commission and any legally appointed,
designated, or elected agent or successor.
HEIGHT or ABOVE GROUND LEVEL {gL—,4GL }. When referring to a tower or other
structure, the distance measured from the finished grade at the base of the towers or
structure to the highest point on the tower or 4hefstructure, including the base pad and
any antenna, but not including lightning arrest devices.
MONOPOLE. A support structure constructed of a single, self supporting hollow metal
tube securely anchored to afoundation.
MULTI -USE TOWER. A self supporting lattice, guyed, or monopole structure
constructed from grade which supports more than one wireless communications facility.
NONCONFORMING TOWER-oF,4A4T . Any tower or antenna lawfully existing
at the effective date of or amendment to this ekaptefChanter which does not currently
conform to the requirements of this ehftpterChanter
PERSON. Any perserfindividual, firm, partnership, association, corporation, company, or
other legal entity, private or public, whether for profit or not - for - profit.
PLANNING AND ZONING COMMISSION or PLC. The Planning and Zoning
Commission for the City, as created by the City Charter, Article VII.
RECONSTRUCTED TOWER. A tower which is removed in whole or in part and
replaced in whole or in Hart. For the p urposes of this ekapterChanter . a reconstructed
to e_s Shall Only b eens _pa a *r.,.,.. *R erstower is a tower for which approvals have
been granted in accordance with the provisions of this ekapter- The term and its
use shall not apply to nonconforming towers.
RECORD OF DETERMINATION. The official written record of action by the
Administrative Review Team.
rg,,gg,a „P age 6 of-2-4742
STEALTH. A wireless communications facility designed to appear as another natural or
artificial object that exists in the surrounding environment or which is architecturally
integrated into a building or other structure, and designed to be minimally obtrusive and
to camouflage or conceal the presence of antennas or towers, at the determination of the
required reviewing body.
TEMPORARY WIRELESS COMMUNICATIONS FACILITIES. A cellular -on- wheels
unit„ an antenna on a bucket truck, crane, crank -up tower, tower, or elker another
wireless communications facility required to evaluate a site for atemporary p lacement of
a wireless communications facility (as w ould no r mally be permitted by this
ekaptefj or for providing communications during an emergency, special event,
conference or other situations for limited periods while the use of a permanent wireless
communication facility is temporarily interrupted
TOWER. Any structure 41 4 a4 is designed and constructed primarily for the purpose of
supporting one or more antennas for telephone, radio. and similar communication
purposes, including self - supporting lattice towers, guyed towers, or monopole towers.
The term includes radio and television transmission towers, microwave towers, common -
carrier towers, wireless communications towers, alternative tower structures, and the like.
The term includes the structure and any necessary supports.
WIRELESS COMMUNICATIONS FACILITIES
in eludes or WCF. Includes but shall not be limited to, towers, poles, cables, wires, lines,
wave guides, antennas, microwave dishes, and/or any other equipment or facilities
associated with the transmission or reception of communications as regulated
by the FCC .. hieh a pefsen s e „ *F . of w,.,, install .. ,, te wef of atA...n
supp a .. t4 ..i 4pil4io or other
unregulated wireless communication facility). The term shall not include;_
(sdl) Any satellite earth station antenna two meters or less in diameter or
Less-
thftt4sdiagonal measurement located in a non - residential district_.
( §153.095(B)(3) and (4) shall be applicable,
(hj) Any satellite earth station antenna one meter or less in diameter or
diagonal measurement is designed to receive direct broadband
satellite service, including dir 4o medirect -to -home satellite services,
or to receive or transmit fixed wireless signals via satellite regardless of
zoning category shall be applicable__ };
(e3) Any antenna that is one meter or less in diameter or diagonal measurement
and is designed to receive video programming service via broadband video
services (wireless cable) or to receive or transmit fixed
wireless signals other than via satellite_
(44) Any antenna that is designed to receive local television broadcast signals
and does not use a mast higher than 12 feet above teethe tallest
rg,,gg,a, ,P age 7 of z'�
point of the roof of the tallest principal or accessory structure, excluding
chimneys, cupolas, or other architectural elements
(e5) Antennas used by amateur radio operators (§ 153.096(A) shall be
applicable).
(fhb) Towers, structures, antennas, or other equipment used for the purposes of
operating a ^��'�public safety voice or data radio network or an
outdoor early warning system within the city limits. This includes
directional and omni- directional antenna equipment, as well as microwave
and p@44 to point int -to -point equipment.
§99.05 GENERAL REQUIREMENTS.
(A) Wireless communications facilities where permitted. shall be subject to
appf al O en d ti l use a ppf a' in _iety el. ministrative
Review or Conditional Use Review in the zoning districts as- specified in Chapter
153 of this Code o f ^� , contingent upon meeting the requirements of
,.h Ch A .. , "Chapters 99 and 153. and other applicable ordinances of the
e Citu. Certain facilities as specified in this Chapter shall be subiectto review
by the Architectural Review Board in accordance with 599.11.
(B) The following table summarizes the e4y�s zoning districts and approval
procedures applicable to the facilities regulated by this Chapter
(1) Administrative Review See §99.06.
(2) Conditional ase Review See §99.07.
M Architectural Review Board: See 599.11.
Approval Procedures
Zoning District 1 New Tower
Co- Location
Rural and Administrativ ode
Residential e4 Not Permitted iR
Commercial
Alternative Temporar
Structure Facilities
Aaw,:_: t_,.t:
3 Com See X99.1
Use
(except Suburban Administrativ Conditional Administrative See §99.1
Office and e Use use 3 0
Institutional and
rg,,gg,a „P age 8 of-2-47
Approval Procedures
Zoning District 1
Co- Location
New Tower
Neighborhood
Commercial)
Suburban Office
and Institutional; Administrativ Not Permitted
Neighborhood e
Commercial
Limited and
General
Industrial,
Technoloev Flex
OLR and
Restricted
Industrial
Ul afffl dDist
(@ � E e e pt Planned
Pafk Innovation
Zone
pl e d
r rm
T
Rar4 BLwdge Street
Corridor
I3istFiet
Districts (except
Planned
Industrial Park)
Teehflalan� FI&E
Alternative Temporar
Structure Facilities
Administrative See §99.1
i 3 0
Administrativ A Ce4qd4ie4qal Administrative See §99.1
e Conditional F34e 3 0
Use
Administrativ NeL Administrative See §99.1
e Not Permitted R 3 0
Administrativ n -- 4- � Administrative See §99.1
e Pefmitted 0
ditional Use
Administrativ A 6e4qd4ie4qak Administrative See §99.1
e Conditional F3se 3 0
Use
Not -
Ne� PArmi#AdAdm
Pe� Not Permitted n a inistrative or See §99.1
ministrative arcs Conditional
Use
i P Ne4- P £ee
ve e Pe fmitted e 9949
^P Se1
114e man -teR e 39-9
. 144 2Planned Administrativ �" Ne4- Administrative See §99.1
Conditional at a 3 0
Industrial Park e Use
ru „aRS'a' ,P age 9 of -2-47
Approval Procedures
Zoning District 1 New Tower
Alternative
Temporar
Co- Location
Structure
y
M TT,.... Si ng l e U
Facilities
rxcmmxrm-acrr A,l«.: «:..t «..t:.,,.
3 Architectural B ARB
�
' ARB
See
Not Permitted
0 99.1
Review District ADDroval
A pproval
w��i8��♦ �
Y'ftlr
T..4 D,.««.:tt,.,l T'1' tlr
A
See-+
;S104
Pei�aed ��" Pefffiit4ed
99-39
ve e
e
9949
1 Co- location on existing antenna support structures or towers
2 The geg intent of alternative tower structures is to camouflage the tower /antenna
installation.
If the Director determines that this essential criterion of footnote 2, above. has not
been met, ° . ; 44t .,at. i4ze4ging pla ,... _ °'the application for Administrative
Review and Certificate of Zoning Plan Approval shall be denied. The applicant
be ...titled t,.......,... appfev tl...,. th e en d t :,...,.1 use ..feee,1.... smay submit an
application for Conditional Use Review by the Planning and Zoning Commission.
(See §- - 9
Co- location on properties in the Rural District or Residential zoning districts and
owned by the City of Dublin. Washington Township. or Dublin City Schools shall be
subject to Administrative Review. (See X99.061
5 Applications involving a request to install an alternative structure on a property zoned
PUD. Planned Unit Development District allowing residential uses shall be subject to
Conditional Use Review. (See §99.07)
LQ General Requirements
(� . The following requirements shall apply to all
wireless communications facilities fegafd reja y zoning district h-
. These requirements shall be in addition to the regulations
of the specific zoning districts ;suet camp in 4ivi4ett 99�.05 of this seetien
(1) Application-
The following information must be submitted for all applications required
by this ekeptef Chapter unless deemed unnecessary by the Director -4ee*xs-
ght : a w .: .. pmee ss °.. An application is not considered complete
until all materials required by this Chapter have been submitted and
rg, x,14 „P age 10 of-2-1-
accented by the City in accordance with this Chanter. If an application is
determined to be incomplete, the Director shall promptly notify the
applicant of the information necessary to complete the application. The
Director or the ART may request additional information if deemed
reasonably relevant to the consideration of the annlication.
(a) Completed application form and annlication fee
(b) A scaled and dimensioned site plan (not less than one inch equals
50 feet) clearly indicating the l ee4 i en, 4 pe ° «a h.iglA of the
following.
1. Location, type and height of the proposed wireless
communications facility
2. The existing or proposed lease area and parcel boundaries
for the site;
3. On -site land uses and zoning, and adjacent land uses and
zoning (including land in other municipalities)
pr@ P@A � 408S 0104,-Rt:,.«
4-M YL
4. Adjacent roadways and rights -of -way:
5. Any buildings within 100 feet of the property boundaries:
6. Proposed means of pedestrian and/or vehicular access as
applicable to the type of facility:
7. The setback distance between the proposed wireless
communications facility, equipment shelters and /or
cabinets, and the nearest property line:
8. Elevation drawings of the proposed wireless
communications facilities, including material specifications
for all associated site improvements :and
ether9. Anv other nronosed improvements. including but not
limited to structures grading, tree removals and
replacement topography, parking, and other information
necessary to determine compliance with this
ekaptef
rg, x,14 „P age 11 of-2-1-
(c) Legal description and /or property survey of the parent tract and
leased parcel (if applicable).
mod- For all new towers and/or new alternative tower structures, or as
otherwise required by the required reviewing body, the separation
distance from other existing and planned wireless communications
facilities shall be shown on a map, and shall include latitudinal and
longitudinal location coordinates. The applicant shall also identify
the tvne of construction of the existing wireless communications
facilities and the owner /operators of the existing facilities, if
known.
Fen
Y l R7S!!! ET�Sl R !!f!/SL!!�!lS�RR�RflRlSlRlA!!S� R7daSflR7�!!Rf
• Y
(fed A landscape plan showing spee-i€tenroposed landscape materials, —
lesabiex a4qd and quantities, locations, installation sizes and other
information necessary to determine compliance with the landscape
requirements of Chapter 153
(f-,f) Location and method of screenin structures if any,
including height, material, style, and color, and, if applicable, the
method of camouflage and illumination. Specification sheets shall
be required for all pre - fabricated site elements.
(hp.) A dose,- iptiea statement of compliance with the requirements of this
ekepte Chapter and all applicable federal, state or local laws,
including those of the FCC and FAA
qh) CofAael -four hour emergency contact information and
contact information for the entities providing the backhaul network
for the tewer(sj communications facilities described in the
application and other wireless communications sites owned or
operated by the applicant in the municipality. Contact information
for the tower owner, operator, and emergency contact shall be kept
current and on file with the City at all times.
rg,,4,,a „P age 12 of-2-1-
For all new towers and /or new alternative tower structures, or as
otherwise required by the required reviewing body, a statement by
the applicant and /or a structural analysis sealed by an engineer
affirming that the construction of the wireless communications
facility will accommodate co- location of additional antennas for
future users as applicable.
(k-j) eseriet3 all new towers and /or new alternative tower
structures, or as otherwise required by the required reviewing body
a statement from a engineer of the ability or inability to use
existing towers, other structures, or alternative technology not
requiring the use of towers or structures, to provide the services
planned for the use of the proposed ower - wireless
communications facility
(1) An For all new towers and /or new alternative tower structures: or as
otherwise required by the required reviewing body, an inventory of
existing and approved towers, antennas, alternative tower
structures, and antenna support structures that are either within the
jurisdiction or within two miles of the border of the cit
with latitudinal and longitudinal location coordinates. The City
may share this information with other applicants under this
ekapte Chapter or other organizations seeking to locate towers or
antennas within the jurisdiction of Dublin or other communities.
However, the eityC�is not, by sharing this information, in any
way representing or warranting that the sites are available or
suitable. The inventory ° v all ^.oaf each tower and antenna
atzd include:
1. A map showing each location, by address and /or parcel
identification number including straight -line distances
between each tewerfacili
2. T-ewp Eacilitty height and design;
3. Facility owner(sl /operator(s) and
4. Co- location capability of each tewe+ facility, including
alternative tower structures and antenna support structures
(2) sA nlicationProcedures
La) Applications for all wireless communications facilities shall be
submitted in accordance with §99.06 or §99.07 of this Chapter, as
as ply
rg, x,14 „P age 13 of-2-1-
bW The applicant shall nay a non - refundable fee as established by the
City.
,' e ,., °.,,, i, &4e+veF -# n When €easiWe racticable
application for approval of multiple towers and /or antenna sites by
a single owner of towers and antennas shall be submitted as a
single application or multiple applications, submitted at the same
time.
Historic Register /District
(b�— °'epi Any application to locate a
wireless communications facility on a building or structure that is
listed on a federal or state historic register or within the
Architectural Review District shall be subject to review by the
e4y4-Architectural Review Board in accordance with 5 .11 of
this Chanter, in addition to any other required review
pfeeesses
Le) Public nronerty
Approval by the Citv Manager shall be required for my-
applications involving structures to be located on p rop ertv owned
by the City of Dublin.
Wireless Communications Facility Sunnort Structures
(� Towers , antennas mw °444 1.444. as antenna support
structures, and all other improvements associated with a wireless
communications facility shall meet the following requirements:
La Design
fa+ All wireless communication facility support
structures, -shall have a monopole,
unipole or similar non - lattice, single vertical structure design and
shall be further designed to accommodate at least two wireless
communication arrays of antennas or panels unless otherwise
required by the required reviewing body The applicant shall
submit an affidavit by * 4esgt+an engineer register@4licensed in the
state of Ohio attesting that these requirements are met.
b Color and Finish
f m .,, e ,° e 44 e ,- r, a r „ °; °' r .. °Towers. antennas. other
wireless communications facility support structures, and
supporting electrical and mechanical equipment shall either
maintain a non - contrasting gray or similar color or have a
galvanized steel finish unless otherwise required by the
eity reauired reviewing body or any applicable standards of the
rg, x,14 „P age 14 of-2-1-
FAA and /or the Ohio Department of Transportation. Alternative
tower structures may maintain another color or finish if determined
by the required reviewing body to be necessary to establish a
stealth appearance and be aesthetically and architecturally
compatible with the surrounding environment.
(c ) ComnatibleDesiQn
(ems The design of the-
buildings and related structures for the wireless communications
faoili shall use materials, colors, textures, and screening so as to
be aesthetically and architecturally compatible with the
surrounding environment, as approved by the eitp reauired
reviewing body
Antenna Color
(d)— An� If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be 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
possib! e praoticable , as determined by the eit-y uired reviewing
body
Le Lighring
(ate ' �' ii To w ers °ff a �Facilities shall not be
artificially lighted, unless required by the FAA or other applicable
authority. If lighting is required, the lighting °'fixtures
and design e +e must cause the least disturbance to
views from surrounding properties. Alternative tower structures
may be lighted if determined by the required reviewing body to be
necessary to establish a stealth appearance and to be aesthetically
and architecturally compatible with the surrounding environment.
f�1 Maximum Height
f:�— - e4o..wn'gig't T-o ersWirelesscommunications
facilities shall meet the following height requirements—.4-n:
1. In residential zoning districts, up to 80 feet:
2. In all other zoning districts. uD to 120 feet. Drovided that
the facility is designed to be co- locatable for more than one
additional carrier. In no case shall a tewefwireless
communications facility, including antenna, exceed 440
feet, as measured from grade at the base of the tower,
unless a highef tewef is the required p reviewing body
determines that conditions present in the vicinity of the
rg, x,14 „P age 15 of-2-1-
IF P ' R *iF )4 q 4 *hp. * ataller structure in order
to function.
3. For wireless communications facilities locating on a
structure or building, antenna shall not extend more than 20
feet above the highest point of the main roof deck or
supporting structure if the antenna is located on a structure
other than a roofed building.
4. Unless otherwise reauired herein. alternative tower
structures may exceed 120 feet if determined by the
required reviewing body to be necessary to establish a
stealth or camouflaged appearance that is aesthetically and
architecturally compatible with the surrounding
environment.
5. Unless otherwise specified, maximum height exceeding the
provisions of 599.05(C)(3)(t)1-4 shall require Conditional
Use Review under the provisions of 599.07.
6. As an exception to 599.05(C)(3)(fl1-5. users locating on a
City of Dublin water tank are exempt from the height
requirements of this Chapter, but facilities shall be no taller
than functionally necessary.
(g) Co-location-
Unless physically or technically infeasible a l l tower all wireless
communications facilities shall be constructed or reconstructed to
accommodate two or more users.
In connection with any application for PR; 4ia .,a*. ,.4: ,E444:44
c ertificate of Zoning Plan Approval in order
to encourage co- location, an existing tower meeting co-
location requirements that is lower than the height
permitted above may be reconstructed to meet the
maximum heights permitted - after receiving approval from
the required reviewing body. Additionally, reconstructed
rg, x,14 „P age 16 of-2-1-
towers may be required to be brought into conformance in
whole or in part if the existing tower is determined by the
Director to be nonconforming.
2. A wireless communications facility which is being
rebuilt to accommodate the location of additional antennas
may be relocated on the same site as4 g as after receiving
approval from the required reviewing body. provided it
meets the setback requirements of this e4apta+Chapter
Co- location requirements may be waived if the
P+Fester reauiredrgviewing body determines that 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 exeeedin hat would exceed new tower development
are prestffneci example of what may be determined to be
unreasonable. Satisfactory and substantial information must
be submitted by the applicant demonstrating that the costs
are unreasonable.
(4) Site '^ -gi iii°einew-s.Reauirements
Wireless communications facilities and associated site improvements shall
be sited and developed in accordance with the following requirements:
(a) eSetback and ;4&e -k SirinQ Requirements
The s p4b p l- s 4414is subs Ap*ie4q setback requirements shall
be met for all elements of the tewer wireless
communications facility, supporting structure, and
equipment.
2. A minimum setback of 100 feet from all property lines
shall apply to new towers and /or alternative tower
structures unless a greater setback for principal
buildings- is required by the zoning district in
which the tower is to be located. The im-ensiRns An
determining the required setbacks and lot area. the entire 44
ef site. including all lots or parcels used for the tower,
supporting structures, and equipment, shall eentrel
considered even though the antennas or towers may be
located on leased portions within the prescribed lot area.
-2 The Difeeter reviewing body may permit a
4ess,a+ setback for alternative tower structures
provided that the reduced setback is required for the
rg, x,14 „P age 17 of-2-1-
function or purnose of that structure and not for the
purposes of the tower /antenna location.
4. The reauired reviewing bodv may hermit a reduced setback
for all other wireless communications facilities if the
location is required for the function of the tower or antenna
and no other reasonable alternative location exists.
Satisfactory and substantial information must be submitted
by the applicant demonstrating that all other locations are
unreasonable.
5. Refer to §99.05(Cl(5) for regulations pertaining to the
siting of equipment associated with wireless
communications facilities.
regxireR�epAs- Screeni n g
Screening shall comply with applicable requirements of Chapter
153. Fencing or other materials used for screening of wireless
communications facilities or associated equipment shall be at least
one foot higher than the structure(s) it is intended to screen. but
shall not exceed 12 feet.
(c) Landscaping-
Buffer plantings shall be located on the site to buff-ef of screen
adjacent properties and the base of the wireless communications
facility and associated equipment from adjacent properties and
rights -of- -way in accordance with the eityls-landscape requirements_
of Chapters 99 and 153
�rr�r. ��e�essesa ':s:�aeesser:x��aecs��
Sign
One sign shall be posted in a visible location on the tower,
alternative tower structure, fence, equipment shelter, or other
associated equipment indicating the owner of the facility and an
emergencv contact and phone number. The sign shall not exceed
two square feet and shall be approved as part of the building Hermit
or Certificate of Zoning Plan Approval. All other signs shall
comply with the requirements of Chapter 153.
(5) n. 44i g e e e,° eq ;.... ei , ; °*g e Eauinment Shelters and Cabinets
rg,,4,,a „P age 18 of-2-1-
Design and Screening
1. Equipment cabinets or structures used in association with
antennas shall be designed and /or painted to minimize
visual impact.
2. Evergreen plant material shall be used for screening and
shall be planted to ensure that the equipment will be
screened to its full height within three vears of planting.
3. Existing mature tree growth and natural land forms on the
site shall be preserved to the maximum extent possible. In
some cases, such as towers sited on large, wooded lots, the
required reviewing body may determine that natural growth
around the property may be a sufficient buffer.
4. At the required reviewing body's determination, alternative
screening materials may be used in cases where plant
material is not appropriate.
fib- Underground Equipment Shelters
f Underground equipment
shelters will be required by the required reviewing body where
equipment shelters are located on properties that are readily visible
from adjacent streets and lots and where landscape screening
is not effective
Roof- and/or Structure Mounted Antennas
H ,,.,,,a ei ..,,, .,,., . ..e#e The
equipment cabinet or structure used in association with antennas
shall comply with all-applicable building codes. Additionally, alb
equipment shall be sited -a*4 designed, and/or painted to minimize
its -visual impact and be screened to it f� s o that it is not
visible from ground level.
Utility- or Light Pole-MountedAntennas
The
equipment cabinet or structure used in association with antennas
shall be located in accordance with the following:
In R :.1e_t...l °-a nlamied Dis+fietsall zoning districts the
equipment cabinet or structure mus 1.. L)Pated h - hind the
requi f b se tl. ae li .. ..t l 40 484
48M Fill
shall
comply with all applicable setbacks required by the zoning
district in which it is located.
rg, x,14 „P age 19 of-2-1-
2. If the proposed antenna mounted on a utility or light pole is
located within an existing easement. the applicant shall
obtain a separate easement encroachment agreement as
required by the City Engineer,
Le Tower - Mounted Antennas
As an exception to §99.05(C)(5)(b) , where the required reviewing
body determines that underground equipment shelters are not
feasible due to site conditions or other considerations. equipment
shelters designed using materials permitted for principal structures
within the zoning district shall be provided where applicable. The
unmanned equipment structure shall not exceed the maximum
height for principal structures and comply with setbacks required
by the zoning district in which the shelter is located.
�RSSe eseesrs eras � ree...........
eirasRnr�r�rr��sn�se� re�e��eses:sss:s:s�ef �aeee!ess�eess�
(6) Code andjqepin4 Feqwp °° °*°. ComnlianceandPermitReauirements
La) Construction Permits
( � . The installation of any Lower or
wireless communications facility shall require tkL-
compliance with all a licable federal tate and local
regulations ;sle i4qs4alla4ie4 r °ill be allowed w4l4eiA and the
securing of all applicable zoning and building permits and
inspections. All towers and wireless communications facilities will -
require a PR; 44a a 4 e E4F,E444:4rt p1mi apprwi ertificate of Zoning
Plan Approval and applicable building permits prior to installation.
rg,,4,,a „P age 20 of-2-1-
b�2 State or FederalReauirements
4 r a ,, ,, ,,;,, ,, , , Al t w,....tl. All
wireless communications facilities shall meet or exceed
current standards and regulations of the FAA, the FCC, and
any other agency of the state or federal government with
the authority to regulate towers and antennas.
2. If these state or federal standards and regulations are
elffi+gedamended therr owners of the towefs and
aetetffias communications facilities e ovemed by
this ekap4er shall bring any
ftatem+as into compliance with the revised
standards and regulations within six months of the effective
date of the standards and regulations, unless a different
compliance schedule is mandated by the regulating agency.
Failure to bring tw °er° °ffia , ...t..... , . °wireless
communications facilities into compliance with any revised
standards and regulations shall constitute grounds for the-
removal 4 ° 4e;A or at the owner's expense.
Building Codes and Safety Standards
few a.,; a;, , eed r ., , a .,a 1 To ensure the
structural integrity of towers, the owner of a tower and /or
antenna support structure shall ensure that it is desiened,
constructed and maintained in compliance with
requirements contained in applicable state or local building
codes and the applicable requirements for towers and
antenna support structures that are published by the
Electronics Industries Association, as amended from time
to time.
2. If upon inspection, the ei City concludes that a
tewer wireless communications facility fails to comply with
these annlicable codes and requirements and constitutes
a danger to persons or property, after written notice to the
owner, the owner shall have not more than 30 days to bring
the f
A 6fit into compliance with those requirements.
Failure to bring the facility into compliance within the
required time shall be grounds for the - removal o 'r awe
° a- at the owner's expense.
License to Overate
(d)— Lieense . p epa . -Owners and /or operators of tewef or
wireless communications facilities shall maintain
and submit copies of °� all Approved franchises,
certifications, licenses, and permits required by law for the design,
rg, x,14 "P age 21 of-2-1-
construction, location, and operation of wireless communications
facilities in Dublin. Evidence of renewal or extensions shall be
promptly p rovided to the Ci E ineef whe gpa4e Director
(e) Certification-
Any information of an engineering nature required by this
ekapter whether civil, mechanical, or electrical, shall be
certified by a licensed ^f�c ngineer.
Penalty, see §99.99
§99.06 ADMINISTRATIVE REVIEW-
General Provisions
Administrative Review Team /ARTI
fa) The purpose of the Administrative Review Team is to provide for
review and approval authority for certain wireless communications
facilities as required by this Chapter. The Administrative Review
Team is responsible for the comprehensive review of each
application, and making recommendations to the Planning and
Zoning Commission, Architectural Review Board, or Board of
Zoning Appeals where required. (b) The Administrative Review
Team shall consist of the Director (Chair). City Engineer, Fire
Chief, Economic Development Manager. Parks and Open Space
Director, Police Chief. and Chief Building Official, or their
representatives, and any other members appointed by the City
Manager as deemed necessary, either as permanent or temporary
members.
fc) The Administrative Review Team may use the services of other
professionals, such as architectural, engineering, and other
consultants as they deem necessary, to advise the ART on the
application of the provisions of this Chapter.
kZ An application for Administrative Review shall be made in accordance
with the requirements of §99.05(C)(1) -(2).
Public Reviews
Where public reviews are required by this Chapter, a written notice of the
public meeting shall be sent to the applicant, property owner, and owners
of parcels of land within 300 feet of the subject parcel(s). as listed on the
County Auditor's current tax list_ not less than 10 days prior to the
rg,w,14 „P age 22 of- 2-1-
meeting. The notice shall, at a minimum, indicate the property that is the
subject of the request_ describe the nature of the request the time. date.
and location of the meeting at which the application will be considered,
and indicate when and where written comments will be received
concerning the request.
Time Extensions
Laj Where the provisions of this Chanter require that an action be
taken by the City within a stated period of time, that time may be
extended with the written consent of both the applicant and the
Director prior to expiration of the required time period.
bh) If the applicant submits a revised application during any required
review period, and the Director determines that the revised
application differs substantially from the previous annlication, a
new review period shall begin and additional meetings of the
required reviewing body may be scheduled if deemed necessary by
the Director.
kW Duration of A pp royals
ADDrovals of reauests for Administrative Review made in accordance with
this Chapter shall be valid for a period of one year. If an initial building
permit for the approved facility has not been issued within that one-year
period, the applicant shall be required to submit a new request for
Administrative Review, as applicable, pursuant to this Chapter before
obtaining abuilding permit.
Resubmission
No application for Administrative Review which has been denied by the
required reviewing body shall be resubmitted for a period of one year from
the date of the decision, unless permitted by the Director after a
demonstration by the applicant of a change of circumstances from the
previous application that may reasonably result in a different decision.
Pre - Annlication Review
LU Purpose andAnnlicability
La) At the option of the applicant, a Pre - Application Review may be
scheduled prior to filing aformal application for Administrative
Review. The Pre - Application Review is not part of the formal
application review process or the required review period. The
D=ose of the Pre - Application Review is to provide non - binding
feedback to applicants to assist in expediting the Administrative
Review process. Any materials submitted to the City for the
D=oses of the Pre-Application Review shall become Hart of the
public record.
rg,,4,,a „P age 23 of-2-1-
b Pre - Application Reviews do not result in a development decision
or permit_ and shall not obligate the City or the applicant to take
any action on the proposal.
Q2 Pre Application Review Procedure
La) A request for a Pre - Application Review shall be made in
accordance with the provisions of 599.06(B). As an exception to
the application requirements listed in 599.05(C)(1), potential
applicants may submit conceptual information based on the
amount of information known about the project at the time a
request for Pre - Application Review is made. The request shall
include, at a minimum, ten copies of the following information:
1. A general description of the proposal including a
description of conformance to this Chanter
2. A site plan generally demonstrating the nature of the
proposed wireless communications facility and associated
site improvements;
3. Conceptual facility elevations; and
4. Any other materials for which the potential applicant would
like to receive feedback.
Ub The City shall notify the applicant in writing at least five days prior
to the Pre - Application Review.
Lc) The Administrative Review Team and other applicable
departments shall be promptly notified of the Administrative
Review Team Pre - Application Review. Prior to the meeting the
Director shall distribute the submitted materials to the
Administrative Review Team and other applicable City
-
departments for input and recommendations.
The Administrative Review Team shall review the submitted
than 14 days from the date the request was submitted.
Le) A written summary of comments and suggestions made during the
Pre - Application Review shall be provided to the applicant not
more than 10 days after the Pre - Application Review.
-C�- Administrative Review
�1- Purpose andAunlicability
tea- The purpose of the Administrative Review is to ensure that
wireless communications facilities meet the applicable
requirements of this Chapter.
rg,,4,,a „P age 24 of-2-1-
apprw,-a4s, as all wA Administrative Review is required for all
new wireless facilities, co- locations, and all modifications to
existing facilities as required by §99.05(B) ma b appf ,._ d
- Pi .,ff,. ,.« ,.,1..,.,: «:,....,.. :.... ......: ..... 1.,.,. 1 4AR44 ,.,44,1..,4pd Cable
microcell networks and distributed antenna systems that do not
require the use of towers shall also be subject to administfative
appro A... rwt -,1 f in t4,..,,1«.:
«.44144 is sumqpp ,.F ., ,.,.444:,..4,. ,.f ffing plan
Administrative Review.
fc) Temporary wireless facilities shall meet all application and
approval requirements of M 10
e,ere�seraess:xessef �aec ,f�ess,ln�ss��ee!e!SerasMes,�sf
(2) Administrative Review Considerations
e�ssxenaxessef rs�e�a+ef�ernss�ss
■
The Administrative Review Team shall render a decision on an application
for Administrative Review based on the following considerations:
La) Antennas locating on an existing building or other antenna support
structure other than a tower may be approved as a use accessory to
anv commercial, industrial, professional, office, institutional, or
similar structure, provided:
n " )The antenna is designed to be as
unobtrusive as possible
2. The antenna does not extend more than 20 feet above the
chest point of the main roof deck or supporting structure
if the antenna is located on a structure other than a roofed
building: and
rg,,4,,a „P age 25 of-2-1-
Chief Buildi O ffieial� e - The antenna complies with the
applicable provisions of §99.05.
bb) Co- located antennas on existing or reconstructed towers may be
approved provided the color and design of the antenna is consistent
with the existing tower and is designed to be as unobtrusive as
possible.
1. The Administrative Review Team shall approve co- located
antennas on a tower in instances where proposed co-
location does not substantiallv change the phvsical
dimensions of the tower and meets the requirements of this
Chapter.
Lc) Alternative tower structures may be approved in accordance with
the following:
1. The required reviewing body may approve the location of
an alternative tower structure provided the site meets the
purpose, objectives and applicable requirements of this
Chanter.
2. The obiective of Administrative Review for alternative
tower structures is to encourage ingenuity and the use of
innovative methods to camouflage these facilities. If the
application is denied by the Administrative Review Team
following a finding that the proposed facilities have not
been reasonably disguised or camouflaged, the applicant
may file an application for Conditional Use Review in
accordance with §99.07.
Cable microcell network or distributed antenna systems using
multiple low- powered transmitters /receivers attached to existing
wireline systems, such as conventional cable or telephone wires, or
similar technologies /mechanisms may be approved provided that
the use of towers is not required and all other applicable provisions
of this Chapter have been satisfied.
- Decisions
La) Any application required by this Chapter to be reviewed under the
provisions of 599.06 shall be approved, approved with conditions.
or denied by the Administrative Review Team based on the
applicable review standards as provided in this Chapter not more
than 28 days from the receipt of a completed application. The
Administrative Review Team shall state the reasons for their
rg,i6896 „P age 26 of -2-1-
decisions in the minutes and provide a written record of the
decision to the applicant not more than 10 days after a
recommendation or decision is made, unless otherwise provided in
this Chapter.
b Prior to reaching a decision, if the Administrative Review Team
determines that an application does not meet the applicable review
standards as provided in this Chapter, but determines that the
application could meet those criteria with modifications that could
not be reasonably conditioned, the applicant may request that the
application be tabled to provide the opportunity to make those
modifications. If the request for tabling is granted, a new review
period shall begin on the date the applicant submits a complete
application with revised materials and shall be subject to the
timeframe for rendering a decision as provided in 599.06(C)(3)(a).
Lc) Following the approval of an application for Administrative
Review, the applicant may proceed with the process for obtaining a
Certificate of Zoning Plan Approval and building permit_
consistent with the approval as granted. All construction and
development under any building permit shall comply with the
approval, as applicable.
L4-1 ertificate of Zoning Plan Approval
A Certificate of Zoning Plan Approval issued by the Director verifying
compliance with all applicable zoning requirements is required prior to
modification, extension, or alteration of wireless facilities.
�D— Administrative Departures
-1�- Purpose and Applicability
The intent of 599.06(D) is to provide an administrative process to allow
minor deviations from the strict application of requirements of Chapter 99
caused by unusual site or development conditions or other similar
conditions that require reasonable adjustments, but remain consistent with
the intent of this Chapter. Examples include, but are not limited to
adjustments to wireless communications facility setbacks, landscaping and
screening, or other similar features or elements.
2 Review Procedure
tea- An application for Administrative Departure may be submitted
with an application for Administrative Review, or at any time after
an application has been submitted and before a decision or
recommendation by the Administrative Review Team has been
made. If an application for Administrative Departure is made after
an application for Administrative Review has been filed. the
Director may require that the time period for Administrative
rg,i6896 „P age 27 of- 2-1-
Review start over on the day the request for an Administrative
Departure is received.
b An application for an Administrative Departure may be processed
simultaneously with the application for Administrative Review to
which it relates. The Administrative Review Team shall determine
whether each requested Administrative Departure is approved
approved with conditions, or denied.
Lc) Should the Administrative Review Team find that the request does
not meet the criteria for an Administrative Departure. the applicant
may file for a Variance in accordance with 5153.231. or submit a
new application for Administrative Review.
La Criteria for Administrative DenartureAnnroval
The Administrative Review Team shall make its decision on an
Administrative Departure based on the following criteria:
La)- The need for the Administrative Departure is caused by unique site
conditions, conditions on surrounding properties, and is not being
requested simply to reduce cost or as a matter of general
convenience:
. th app li pa "t Rr all th Rr i� 'e d «,. « «,...,. «t..ti. ,...tt,. «A., the «,.. :,...,
m@Ain - The Administrative Departure does not have the effect of
authorizing any wireless communications facility type that is not
otherwise permitted in that zoning district
Lc L The Administrative Departure does not modify any numerical
development standard by more than 10% of the requirement: and
The Administrative Departure, if approved, will ensure that the
wireless communications facility is of eaual or greater
rg,,4,,a „P age 28 of-2-1-
development quality with respect to design, material, and other
features than without the Administrative Departure.
�E- Anneals
rev -&Mhe determination rendered bv the Administrative Review Team may be
appealed to the Board of Zoning Appeals within 20 days of the decision by any
person aggrieved by the decision The Empea A neal shall be filed with the Beafd
of Zonin ^.....a6=Qity, specifying the grounds, in conformance with §-
3153.231 of this Code ,.a nom
(al) An appe4 shall stay all proceedings in furtherance of the action
appealed from unless the Director certifies to the Board of Zoning Appeals,
after notice of appe4 A22.eal has been filed, that, by reason of the facts
stated in the ee#4ieate of Determination a stay would cause
imminent peril to life or property. In this case, the proceedings shall not be
stayed other than by a restraining order, which may be granted by a court
of record.
(b2) In deciding the aApeal, the Board of Zoning Appeals shall
determine in conformance with 5153.231(El of this Code. whether or not
the decision that-was made eae sa-using the proper requirements and
standards of this ehapterChapter The decision of the Board of Zoning
Appeals is limited to the information that was available to the
Administrative Review Team for the initial decision, including any
materials included as part of the written record of the decision. Additional
testimony is not appropriate.
(e3) If ° is ff°aethe Board of Zoning Appeals determines that
the Administrative Review Team made an improper decision the Board e€
may reverse or affirm, wholly or partly, or may modify,
the order, requirement, decision or determination appealed from, and may
make an order, requirement, decision, or determination as ought to be
made, and to that end shall have all the powers of the Administrative
Review Team.
(41) The findings of the Board of Zoning Appeals shall be based on and
supported by substantial evidence contained in a w F4ten- feeofiBoard
Order which shall be forwarded to the applicant within a reasex
t-iw,el0 days following the final determination.
The decision of the Board of Zoning Anneals may be further annealed to
City Council within 10 days of the Board's decision.
rg,w,14 „P age 29 of -2-1-
Yb I DAI tRSII�SEfdIbRSSLRHSEf�iYlRlYiff
PFFIRMIMIRRIMIRPRWIRVIER
Y
�R/SlR7S!!R!!R!1!'if
�6- City Council must determine whether to hear the Anneal, in its sole
discretion by a motion passed by a majority vote, no later than 21 days
following the Clerk of City Council's receipt of the written notice of
Appeal, unless an extended time is agreed upon by the City Manager and
the applicant.
City Council shall decide the Appeal no later than 28 days following the
date of Council's decision to hear the Appeal, unless an extended time is
otherwise agreed upon by City Manager and the applicant. In considering
the Appeal, City Council may consider any evidence and may affirm.
reverse, or otherwise modify the decision of the Board of Zoning Anneals
or any other part of the application.
(e ^'t .:_° *RAA .f t oncurrentAnnlicationReview
Applications for building permits. electrical permits, other applicable
permits, and Certificates of Zoning Plan Approval associated with the
building permit application process may be submitted with the application
for Administrative Review and maybe processed and reviewed
concurrently with the Administrative Review application if desired by the
as ply
kZ Review of the building permit applications and zoning approvals
described in §99.06(F)(1) shall be subject to the statutory timing
requirements that apply to building permit application reviews.
Accordingly, the applicant should consider the nature and complexity of
the request prior to submitting for concurrent review.
rg,,4,,a „P age 30 of-2-1-
Requests for Certificates of Zoning Plan Approval and building permits
for wireless facilities cannot be approved for zoning compliance until an
affirmative Record of Determination of the Administrative Review Team
and all other zoning approvals are obtained and attached to the appropriate
building permit documents.
M I
§99.07 CONDITIONAL rr�USE REVIEW
(A) Applications
Applications for eenditional use peffff4wConditional Use Review for towers or
antennas shall be reviewed by the Planning and Zoning Commission, as required
by 599.05.
subject to the procedures and requirements of §153.236 o`er
r`� except as modified in this septi .. n..w'". npA ..,. shall meet *'
requiremeir s 4nr-v icRn� ;Rr , • , •�qRs, 99.07.
Conditional Use Review Considerations
(B)— W,..,t...,y -- onw4e.,,,a in ,..,,...t;. ,..,endtt;... l Hse r ., to In addition to
any standards for consideration of ^e4qa� applications for Conditional
Use Review p ursuant to §153.236 of this Code o "� , the Planning and
rg, x,141 ,P age31of-2-1- 42
Zoning Commission shall consider the following factors in determining whether
the application should be approved -_
(1) Compliance with the requirements of F -) this Chanter
(2) Height of the proposed tower or facility and its proximity to residential
structures and residential districts;
(3) Nature of the potential for adverse effects on uses on adjacent and nearby
properties;
(4) Stiff Relationshi of surroundin topography to the view from
nearby properties
(5) Surrounding tree coverage and foliage and the ability to screen the
facilities from the view of nearby properties
(6) Design of the tower or facility with particular ref�ren Pere gard to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
(7) Proposed ingress and egress for maintenance, safety, and prohibition of
nuisances
(8) Availability of suitable existing towers, other structures, or alternative
technologies not requiring the use of towers or structures - with regard to
the following:
(a) New towers shall be approved only when other preferable
alternatives are not available. No new tower shall be permitted
unless the applicant demonstrates to the reasonable satisfaction of
the Commission that no existing tower, structure, or alternative
technology is available to fill the communication requirements.
(b) An applicant shall submit required information feqfte4M
review by the Planning and Zoning Commission related to the
availability of suitable existing towers, other structures, or
alternative technology. Evidence submitted to demonstrate that no
existing tower, structure, or alternative technology can
accommodate the applicant's proposed antenna may consist of any
of the following:
No existing towers or other suitable structures are located
within the specific geographic limits wetmeeting the
applicant's engineering requirements.
rg, x,14 „P age 32 of-2-1-
2. Existing towers or structures either do not have sufficient
height to meet the applicant's engineering requirements,
aaAor have insufficient structural strength to support the
applicant's proposed antenna and related equipment.
The applicant's proposed antenna would cause frequency
interference with the antenna on the existing towers or
structures, or the antenna on the existing towers or
structures would cause interference with the applicant's
proposed antenna.
4. The fees, costs, or contractual provisions required by the
owner in order to share or to adapt forsharing an existing
tower or structure or to adapt an ."sting tower or s4uE4H f@
a.. �: are unreasonable. Costs hat would
exceed new tower development are an example of what
may be p resumed to be unreasonable.
The applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
6. The applicant demonstrates that an alternative technology
that does not require the use of towers or structures, such as
a PFiW-p mierseell " t" -'- DAS or CMN using multiple
low- powered transmitters /receivers attached to a wireline
system, is unsuitable. Costs of alternative technology that
exceed new tower or antenna development shall not be
presumed to render the technology unsuitable, but may be
considered as a factor in the decision.
7. The applicant provides documentation that other tower
owners were contacted in writing demonstrating the above
considerations.
(C) In granting a conditional use, the Planning and Zoning Commission may impose
conditions to the extent it eati t'- °t fine ean-ditiati F t - r e -necessary to
minimize any adverse effect of the proposed tower or antenna support structure on
adjoining properties or to meet the review considerations of this ekaptef
(D) The findings and decision of the Planning and Zoning Commission shall be based
on and supported by substantial evidence contained in a written record and
Record of Action which shall be forwarded to the applicant within a cease
4w,el0 days following the decision. The decision of the Planning and Zoning
Commission shall be final.
rg, x,14 „P age 33 of-2-1-
§99.08 ABANDONMENT OF TT"��WIRELESS
COMMUNICATIONS FACILITIES
(A) Abandonment-
(1) All providers utilizing s wireless communications facilities shall
notify the eit-} writing of the location and date that any tower
facility located in the city whose use will be discontinued and o
bads use ;_ i'�ase If the use of the facility is discontinued for 180 days_
without notice from the owner /operator or the owner of the property, the
City Manager may declare the facility to be abandoned- (This excludes
any dormancy period between construction and the initial use of the
facility-) facility's owner /operator and property owner will receive
written notice from the ek3y and be instructed to either reactivate the
facility's use within 180 days, or dismantle and remove the facility.
(2) If reactivation or dismantling does not occur w 4ki tk,at peri t4o e4�,
w as described in 599.08(A)(1) above. the City will either remove
€aeili4}� or cause it the facility and associated structures to be removed and
assess the costs to the owner /operator and property owner In the case of a
multi -use tower or wireless communications facility, this provision does
not become effective until all users cease use of the tower or facility
However, the e C y may cause the abandoned portions of systems on
the multi -use tower or facility to be removed in accordance with this
provision.
(B) eke- �Before initiating action to remove the facility. the City must provide the
owner of the tower aaA wireless communications facility and the p roperty
owner *ohs% days written notice and an opportunity to be heard before
the 121a +iff i ng an 4 Amin. Commission before i 4i ati ae t:,... 4 reme; . 414A
€4ei4yBoard of Zoning Appeals to appeal the decision After this notice has been
provided, th e t. s h a ll h . the a t h ef it. to in pfeee .di e ith... t,. ft eEjUife
:44 41 44enA r following a determination by the Board of Zoning Appeals
that the tower or facility has been abandoned. the City may take whatever action
that is lawful to order the removal or demolition of the tower or facility and all
appurtenances.
(C) Th e t_ Shall . _ i d . t- t eol "" ... W th _; Ld t If the removal is annealed
a public hearing will be held before the Pl an d Zoning Commissi ..
p 4li e lieafing slice" fellow top 4 1 4re ... e44414 Board of Zoning Appeals following
the 90 -day notice required in 4ivi4e4s 9� (B ) of thithis seetia . All interested
parties shall be allowed an opportunity to be heard at the public hearing.
(D) After a public hearing is requested by the tower or wireless communications
facili owner and held pursuant to dik isiert 99�.08 �his �.:�_ the 3ii3
rg, x,14 „P age 34 of-2-1-
ftftd Board of Zoning Eewmiissien may recommend that the City Manager
order the removal or demolition of the tower. The o
= y may require
the tower or facility owner or former owner to pay for all expenses necessary to
aequire or demolish the tower or facility
fir.e��nge �ssf =WMM
§99.09 NONCONFORMING TOWERS. OR WIRELESS
COMMUNICATION FACILITIES
(A ) Conforming Use
Wireless communication facilities that are
constructed an d ,...t ...nas t ha t afe in s t alled, in accordance with the provisions of
this ekapter shall be deemed to he conforming uses or structures.
regardless of their date of construction This shall be the case even when new
facilities are being- added to a nonconforming installation, provided that any new
facilities meet the requirements of this ebapt@f hapter
Existing Towers
fB)— D.,,, ex- ist 4 iqg t..,, er Pre e xisting t,... e f Towers already in existence shall
be allowed to continue their use as they exist as of the date of the adoption or
amendment of this Chanter Routine maintenance (including replacement
with a new tower of like construction and height serving the same purpose) shall
be permitted on t ho p_o @ °i°ting tower A replacement tower must be constructed
within 180 days of removal of the initial facility unless the owner demonstrates
that meeting this requirement is not possible due to rewoiis conditions not
reasonably within their control. N -ow Director mu Ormit new construction
and/or equipment replacement, other than routine maintenance on
existing tower '�°'�y, provided it complies with the requirements of this
ekaptef Chapter and applicable requirements of Chapter 153 to the extent that
existing conditions Hermit
kQ Damaged or Destroyed Nonconforming Wireless Communications Facilities
Notwithstanding this section 9� 9.09 nonconforming towers or afAennaswireless
communications facilities that are damaged or destroyed by actions outside the
owner's control may be rebuilt without having to first obtain or °
Administrative Review or a Conditional Use approval Anv other
permits applicable to construction or reconstruction must be obtained The type,
height, and location of the towee ons- "wireless communications facility shall be
of-the same ,� fi as the original approved facility 4"
be and constructed in accordance with Eke - currently applicable building codes.
Permits for construction shall be obtained within 180 days from the date the
facility is damaged or destroyed and reconstruction shall be started within 6
months from the time of damage and shall be continued until completed If no
rg, x,14 „P age 35 of-2-1-
permit for construction is obtained, or if an issued permit expires, the tewer of
ftntem+a facility shall be deemed abandoned as specified in §99.08.
§99.10 TEMPORARY WIRELESS COMMUNICATIONS
FACILITIES.
(A) General-
Temporary wireless communications facilities may be approved as provided for in
this eh*pt@f.Q
(1) Allow communications providers to administer limited frequency and
modulation testing to evaluate system performance and the need for
additional pe� i#@E wireless communications facility sites. Any
approval shall not exceed twe30 days.
(2) Allow communications providers to supplement communications coverage
when a previously permitted wireless communications facility has become
involuntarily non - operational through an accident or force majeure. Any
approval shall not exceed 30 days.
(3) Address a substantial increase in the communications needs of the
businesses, residents and g+HwAs yisitors of the city for alimited period of
time in circumstances where an emergency has been declared by the city,
state or federal government. The approval shall not exceed '_ ^ �?�; �_xtend
beyond the time of the declared emergency
(4) Address a substantial increase in the communications needs of the
businesses, residents and guests visitors of the city for a limited period of
time in circumstances when large conferences or special events are 4ei*g
held within the city limits. The approval shall not exceed X days.
Allow providers to maintain uninterrupted wireless communication
service through the use of temporary wireless facilities during extended
periods of time due to substantial maintenance or capital projects
undertaken or caused by the City. The approval shall not exceed the
duration agreed to by the City and the affected wireless provider(s).
�6- Allow providers to maintain uninterrupted wireless communication
service resulting from what the Director determines to be unforeseen
circumstances and /or needs for temporary alternative wireless
communication facilities. The approval shall not exceed the duration
agreed to by the City and the affected wireless provider(s).
rg, x,14 „P age 36 of-2-1-
(31) The Director may permit one extension equal to the time periods permitted
above, provided the extension is requested in writing prior to the
expiration of the original approval p eriod. Extensions may be granted
provided the Director finds that the extension is reasonably necessary to
resolve or accommodate the reasons for the original approval.
(B) Application and &ppF&+w�Annroval
(1) Due to the emergency nature often associated with tempora
w ireless facilities, authority to locate a temporary wireless
communications facility in the city will be subject to the approval of the
Director using t4o .. roee d fffes ,.a § nn nciw2 after review by any other
members of the Administrative Review Team that the Director deems
necessary following receipt of a completed application for a temporary
wireless communications facility.
(2) A temporary wireless communications facility may only be approved by
the si C y for the limited purposes and ttxies periods described in
4iyi46H 9� (A) of t his section
(3) A4 Except as authorized by the Director during declared emergencies. all
approved temporary wireless communications facilities shall:
La) Be limited in height by the requirements of the zoning district in
which the site is located. The Director may permit a greater height
if the height is required for the function of the temporary wireless
communications facility and no other reasonable alternative exists.
(b) Be set back aminimum of 100 feet from any adjoining or adjacent
property line, as measured from the nearest part of the facility
and/or any associated equipment. The Director may permit a lesser
setback if the location is required for the function of the temporary
wireless communications facility and no other reasonable
alternative location exists.
(c) Minimize the visual impact of ground equipment to adjoining or
adjacent properties.
(d) Provide temporary screening as may be required by the Director,
such as available natural land formations, plant materials, and
natural foliage to effectively screen from view as much of the
temporary wireless communications facility as reasonably possible.
rg, x,14 „P age 37 of-2-1-
(e) Only begin being installed of . a effd-°commence installation at
the approved site 48 hours before actual site use may begin.
(f) Be completely removed from the approved site with all site
restoration finalized and returned to previously existing conditions
within 48 hours following the required termination deadline or
extension.
(g) Not use an electric, gas, or other type of generator that causes or
permits any noise to emanate from it in a manner, intensity, andL
duration to create unreasonable noise or sound ;mss
audible from a distance of 50 feet, and causes inconvenience and
annoyance to persons of ordinary sensibilities.
(h) Not be illuminated unless otherwise required by the FCC or the
FAA.
(i) Be required to comply with the applicable provisions of
§99.05(C)3 and all applicable federal, state or local laws.
(4) Applications for the location of a temporary wireless communications
facility shall meet t he ` @"uireme"t° ,.a s plusinclude the
followin unless deemed unnecessary by the Director
(a) A statement of authorization from the owner of the real
property upon which the temporary wireless communications
facility is proposed to be located that authorizes the location of the
temporary wireless communications facility.
(b) A list of all property owners ( and registered homeowners
associations and their addresses as +t_o within 150 feet of the
proposed temporary wireless communications facility site. The
s C y may require the applicant to provide adjacent property
owners with a descriptive notice of the proposed temporary
wireless communications facility -axd site plan and the anticipated
dates of operation
Lc) A description of the proposed facility and all associated equipment
including structural design, proposed height_ color, location_
fencing and /or screening, and approximate setback from property
lines.
Typical elevations or photographs indicating the general
appearance of the temporary facility,
rg, x,14 „P age 38 of-2-1-
� A site plan or aerial photo generally indicating the location and
setbacks of the temporary facility.
(ef) Any other information that the Director may deem reasonably
necessary to adequately evaluate the request.
(O cc 0:7 p se n 4 nm Penalty, see §99.99
9 ARCHITECTURAL REVIEW
LAI
AA nli
Applications requiring architectural review for wireless communication facilities
shall be reviewed by the Architectural Review Board as required by 599.05
subject to the procedures and requirements of S 153.066(F)(6) and 5153.173 of the
Code as applicable, except as modified in 599.11.
General Review Considerations
The Board shall determine whether the reauest will be appropriate to the
preservation of the historic and architectural character of the District or of the
historic property pursuant to the criteria specified in 599.11. Every reasonable
effort shall be made to ensure that the use of the property will involve minimal
alteration of existing buildings, structures, or sites and its environment.
LQ Architectural Review Criteria
In addition to any standards for consideration of applications to the Architectural
Review Board pursuant to 5153,066(Fl(6A and 5153.174 of the Code. the Board
shall consider the following factors in determining whether the wireless
communications facility application should be approved:
�1- Compliance with the requirements of §99.05(Cl
2 Height of the proposed tower and its proximity to residential structures
and residential districts within their jurisdictions
M Nature of uses on adjacent and nearby properties
Design of the wireless communications facility, with particular regard to
design characteristics that have the effect of eliminating visual
obtrusiveness while demonstrating substantial consistency with the
historical and architectural character of the area
Proposed ingress and egress;
Ability to screen or eliminate from view all associated equipment and
service structures from adjacent properties and public rights -of -way.
rg,,4,,a „P age 39 of-2-1-
Availability of suitable existing towers, other structures. or alternative
technologies not requiring the use of towers or structures. New facilities
shall be approved only when other preferable alternatives are not available.
No new facilities shall be permitted unless the applicant demonstrates to
the reasonable satisfaction of the Architectural Review Board that no
existing tower, structure, or alternative technology is reasonably available
to fill the communication requirements.
fa) An applicant shall submit information to the Architectural Review
Board related to the availability of suitable existing towers, other
structures, or alternative technologv. Evidence submitted to
demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna
may consist of any of the following:
1. No existing towers or other suitable structures are located
within the specific geographic limits which meet the
applicant's engineering requirements.
2. Existing towers or structures either do not have sufficient
height to meet the applicant's engineering requirements, or
have insufficient structural strength to support the
applicant's proposed antenna and related equipment.
3. The applicant's proposed antenna would cause freauenc
interference with the antenna on the existing towers or
structures, or the antenna on the existing towers or
structures would cause interference with the applicant's
nronosed antenna
4. The fees, costs, or contractual provisions required by the
owner in order to share or to adant for sharing an existing
tower or structure are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
5. The applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
6. The applicant demonstrates that an alternative technolo
that does not require the use of towers or structures. such as
a distributed antenna system or cable microcell network
using multiple low- powered transmitters /receivers attached
to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development
shall not be presumed to render the technology unsuitable,
but may be considered as a factor in the decision.
rg,,4,,a „P age 40 of-2-1-
7. The applicant provides documentation that other tower
owners were contacted in writing demonstrating the above
considerations.
The Architectural Review Board may impose conditions to the extent that it
concludes that conditions are necessary to substantially camouflage the proposed
structure and/or minimize any adverse effect of the tower on the historical nature
of the site and /or adjoining properties, and /or to meet the review considerations of
this Chapter.
-E�- The findings and decision of the Architectural Review Board shall be based on
and supported by substantial evidence contained in a Board Order which shall be
forwarded to the applicant within 10 days following the decision. Anv applicant
aggrieved by a decision of the Board may appeal the decision to the Board of
Zoning Appeals in accordance with the provisions of S 153.180 of the Code.
§99.99 PENALTY-
(A) In addition to any other penalties set forth in this Aftpter-Chapter, any person or
permittee violating any section in this ekapter shall be guilty of a minor
misdemeanor. Each day the violation continues shall be deemed a separate
offense.
(B) Nothing herein shall prevent the e-it-y from taking any other lawful action,
including civil actions at law or equity, including temporary restraining orders,
preliminary injunctions and permanent injunctions, as is necessary to prevent or
remedy any violations.
rg, x,14 „P age 41 of-2-1-