147-97 Ordinance AMENDEDRECORD OF ORDINANCES
Dayton Legal Blank Co.
Form No. 30043
147-97 (Amended) Passed__-__ _ .-- _____19
Ordinance No.________----------- --
An ordinance amending the Codified Ordinance of the City of Dublin
to adopt new regulations that are consistent with the
Telecommunications Act of 1996 governing wireless
telecommunication facilities in the City of Dublin and repealing
several sections of the zoning code which are no longer applicable.
WHEREAS, increasing competition in the telecommunications industry, especially in
the market for wireless telecommunications services, is increasing the demand for
antenna sites on Towers and other Antenna Support Structures necessary for providing
wireless service; and
WHEREAS, the Telecommunications Act of 1996 preserves the. authority of the City
to regulate the placement, construction, and modification of Towers, Support Structures
and Wireless Telecommunications Facilities and to protect the health, safety and welfare
of the public; and
WHEREAS, consistent with the Telecommunications Act of 1996, a prohibition on the
placement of Towers and Wireless Telecommunications Facilities in certain areas of the
City, as provided in this Ordinance, will not prohibit any Person from providing wireless
telecommunications services in violation of the Act; and
WI~REAS, the City desires to maintain a high character of community development,
to protect and preserve property, to promote the stability of property values, and to
protect real estate from impairment or destruction of value for the general community
welfare by regulating the location of Towers within the City;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, r~ of the elected members concurring that:
SECTION I. PURPOSE
A. The purpose of this Ordinance is to regulate the placement, construction and
modification of Towers and Wireless Telecommunications Facilities in order 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
telecommunications marketplace in the City.
SECTION II. CITY OBJECTIVES
The following are the City's objectives:
A. To comply with the Telecommunications Act of 1996 to include any of the
follow-on rule making and/or rule interpretations by the appropriate state and
federal agencies and/or courts.
B. To work pro-actively with the various wireless telecommunications service
providers to ensure rapid and reliable deployment of their services/technologies,
while minimizing negative impacts on the City.
C. To direct the location of Towers and Wireless Telecommunications Facilities in
the City.
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Dayton Lesal Blank Co. Form No. 30043
Ordinance No.
Passed___-_____-_
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D. To make available appropriate City owned property and structures for wireless
telecommunications facilities.
E. To minimize adverse visual impacts of Towers and Wireless Telecommunications
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 avoid potential damage to adjacent properties caused by Towers and Wireless
Telecommunications Facilities by ensuring such structures are soundly and
carefully designed, constructed, modified, maintained and removed.
H. To the greatest extent feasible, ensure that Towers and Wireless
Telecommunications Facilities are compatible with surrounding land uses.
I. To the greatest extent feasible, ensure that proposed Towers and Wireless
Telecommunications Facilities are designed in harmony with natural settings and
in a manner consistent with current development patterns.
J. To protect the community from inappropriately placed Towers and Wireless
Telecommunications Facilities and the general proliferation of such structures.
SECTION III. APPLICABILITY
A. All Towers, Antenna Support Structures and Wireless Telecommunications
Facilities, any portion of which are located within the City, are subject to this
Ordinance.
B. Except as provided in this Ordinance, any use being made of apre-existing
Tower or Antenna Support Structure on the effective date of this Ordinance
(herein "Nonconforming Structures") shall be allowed to continue, even if in
conflict with the terms of this Ordinance. All re-construction or modifications
to aNon-conforming Structure being undertaken, shall be required to conform
with this Ordinance.
SECTION IV. DEFINITIONS
For the purposes of this Ordinance, the following terms, phrases, words, and their
derivations shall have the meanings given herein. 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. All capitalized terms used in the definition of any other term shall have their
meaning as otherwise defined in this Section. The words "shall" and "will" are
mandatory and "may" is permissive. Words not defined shall be given their common and
ordinary meaning.
"Alternative Tower Structure" means man-made trees, clock towers, bell steeples, light
poles, and similaz alternative-design mounting structures that camouflage or conceal the
presence of antennas or towers.
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Dayton Leeal Blank Co. -- Form No. 30043
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Ordinance No.-- 1d7-9~-1-A~tended) Passed------- -------- ---------------------19
" n n "means any exterior transmitting or receiving device mounted on a tower,
building or structure and used in communications that radiate or capture electromagnetic
waves, digital signals, analog signals, radio frequencies (excluding radar signals),
wireless telecommunications signals or other communication signals.
"Antenna Short Stn~cture" means any building or other structure other than a Tower
which can be used for location of Wireless Telecommunications Facilities.
"Anne" means any Person that applies for a certificate of zoning compliance or other
approval pursuant to Sections VI and VII of this Ordinance.
"Annh.~cation" means the process by which an Applicant submits a request and indicates
a desire to be granted approval of an antenna and/or tower under the provisions of this
Ordinance. An Application includes all written documentation, verbal statements and
representations, in whatever form or forum, made by an Applicant to the City
concerning such a request.
"" means the City of Dublin, a municipal corporation, in the State of Ohio, acting
by and through its City Council.
"Code" means the Code of Ordinances of the City.
"Co-location" means the use of a wireless telecommunications facility by more than one
wireless telecommunications provider.
"Conditional Use" means a use, although often desirable, which will more intensely
affect the surrounding area in which it is located than the permitted uses of such zoning
districts. A conditional use is allowed in a zoning district through a permit granted by
the Planning and Zoning Commission after a public hearing.
"Council" means the City Council.
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~~E n v means a reasonably unforeseen occurrence with a potential to endanger
personal safety or health, or cause substantial damage to property, that calls for
immediate action.
" n in "means any engineer licensed by the State of Ohio.
"E~uinment Shelter and/or Cabinet" means the structure in which the electronic receiving
and relay equipment for a Wireless Telecommunications Facility is housed.
"FAA" means the Federal Aviation Administration, and any legally appointed,
designated or elected agent or successor.
"FCC" means the Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
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"Height or Above Ground Level (AGI,I means, when refemng to a tower or other
structure, the distance measured from the finished grade at the base of the
tower/structure to the highest point on the tower or other structure, including the base
pad and any antenna.
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Dayton Legal Blank Co. Form No. 30043
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Ordinance No.__1d7-9~-(~finended) Passed------------ ---------------- 19--------
"Microce~" means the lines that connect a provider's towers/cell sites to one or more
cellular telephone switching offices, and/or long distance providers, or the public
switched telephone network.
"Honor" means a support structure constructed of a single, self supporting hollow
metal tube securely anchored to a foundation.
"Multi-use Tower" means a self supporting lattice, guyed or monopole structure
constructed from grade which supports more than one Wireless Telecommunications
Facility.
"Oren Space" means land devoted to conservation or recreational purposes and/or land
designated by a municipality to remain undeveloped (may be specified on a land use
map).
"Person" is any person, firm, partnership, association, corporation, company, or other
legal entity, private or public, whether for profit or not-for-profit.
"Pre-existing Towers and Pre-existing Antennas means any tower or antenna for which
a building permit or special use permit has been properly issued prior to the effective
date of this ordinance, including permitted towers or antennas that have not yet been
constructed so long as such approval is current and not expired.
"Special Permit" means a permit issued by the Board of Zoning Appeals for a land use
which has unique characteristics relative to location, design, size, operation or need for
public services.
"Tower" means any structure that 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 telecommunications towers, alternative tower structures, and the like. The
term includes the structure and any support thereto.
"Viewshed" means the area surrounding a Wireless Telecommunications Facility or Antenna
Support Structure, within which the Facility or Structure is visible from off site.
"Wireless Telecommunications Facilities" means any cables, wires, lines, wave guides,
antennas, microwave dishes and any other equipment or facilities associated with the
transmission or reception of communications as authorized by the FCC which a Person
seeks to locate or has installed upon a Tower or Antenna Support Structure. However, the
term Wireless Telecommunications Facilities shall not include:
1. Any satellite earth station antenna two meters in diameter or less which are
located in an area zoned industrial or commercial; (Section 153.095.B(4)
shall be applicable.)
2. Any satellite earth station antenna one meter or less in diameter, regardless
of zoning category; (Section 153.095.B(4) shall be applicable.)
Antennas used by amateur radio operators. (Section 153.096./ shall be
applicable.)
SECTION V. GENERAL REQUIREMENTS
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A. Wireless Telecommunications Facilities shall be treated as permitted uses subject to
administrative approval, special permit uses, or conditional uses in a variety of
zoning districts contingent upon a number of requirements being met. These criteria
are in place in an attempt to mi_nimi~e adverse health, safety, public welfare or visual
impacts through co-location, siting, design and construction, while upholding the
intent of Section I.
1. The City's intent is to provide incentives for Wireless Telecommunications
Service Providers that seek to further the City's following priorities:
a. Co-locate on/with other existing towers/structures/facilities or
locate on existing structures (public or private).
b. Design new towers for multiple users, wherever possible.
c. Locate towers in the least obtrusive manner given present and
evolving technology.
2. The following table summarizes the City's zones and priorities with the
required process:
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a b c d
District Co-location on New Multi-User New Tower Single Alternative Tower
*
Existing Antenna Tower (Public or User Structure
Support Structures or Private (Public or Private)
Towers Property)
(Public or
Private)
All Residential Districts Administrative Conditional Conditional Use Administrative*
Use
Commercial Districts Administrative Special Permit Conditional Use Administrative*
Industrial Districts Administrative Administrative Special Permit Administrative*
Planned Non-Residential Administrative Conditional Use Conditional Use Administrative*
Districts
SO and OLR Districts Administrative Special Permit Conditional Use Administrative*
Exceptional Use Non- Administrative Conditional Use Conditional Use Administrative*
Conforming and Special
Districts
Architectural Review District Conditional Use and Conditional Use and Conditional Use and Conditional Use and
ARB approval ARB approval ARB approval ARB approval
* The goal of Alternative Tower Structures is to camouflage the tower/antenna installation. If it is the
detennination of the ZoningAdministrator that this essential criterion has not been met, a certi, ficate of
zoning compliance shall be denied. The applicant shall be entitled to pursue approval through the
Conditional Use procedures. (See Section VI.B.4)
B. The following requirements apply to all Wireless Telecommunications Facilities
regardless of the zoning district in which they are to be located. These general
standards are to be supplemented with the specific regulations for nonresidential and
residential districts as set forth in Section V herein.
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1. Inventor~of Existin S,g ites. Each applicant for an antenna and/or tower shall
provide to the City an inventory of its existing towers, antennas, or sites
planned and/or approved for towers or antennas, that are either within the
jurisdiction of Dublin or within two miles of the border thereof, including
specific information about the location, height, and design of each tower. The
City may share such information with other applicants applying for
administrative approvals or special use permits under this ordinance or other
organizations seeking to locate antennas within the jurisdiction of Dublin,
provided, however, that the City is not, by sharing such information, in any
way representing or warranting that such sites are available or suitable.
2. Towers. Towers and antennas shall meet the following requirements:
a. Tower Color and Finish. Towers shall either maintain anon-
contrasting gray or similar color or have a galvanized steel finish
unless otherwise required by the City or any applicable standards of
the FAA and ODOT.
b. CJomuatible Design. At a tower site, the design of the buildings and
related structures shall use materials, colors, textures, and screening
so as to be aesthetically and architecturally compatible with the
surrounding environment, as approved by the City.
c. 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
possible, as determined by the City.
d. T.~t ize d Setback. For purposes of determining whether the
installation of a tower or antenna complies with district development
regulations, a minimum setback of 100 feet from all property lines
shall apply. The dimensions of the entire lot shall control, even
though the antennas or towers may be located on lease parcels
within such lot.
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Ordinance No.
3. Fencing. Any fencing shall comply with the City's code.
4. Landscanine. Buffer plantings shall be located on the site as deemed
appropriate by the City and in accordance with the City's landscape code.
5. I~ighling... Towers and antennas shall not be artificially lighted, unless
required by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
6. State or Federal Requirements. All towers must 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. If such standards and regulations are changed, then the owners
of the towers and antennas governed by this ordinance shall bring such
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Dayton Leal Blank Co. Form No. 30043
Ordinance No.____~47-9~-1An~ended) Passed _________________19________
towers and antennas into compliance with such revised standards and
regulations within six (6) months of the effective date of such standards and
regulations, unless a different compliance schedule is mandated by the
~; controlling state or federal agency. Failure to bring towers and antennas
into compliance with such revised standards and regulations shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
7. B ildi Codes: Safety Standards. To ensure the structural integrity of
towers, the owner of a tower shall ensure that it is maintained in
compliance with standards contained in applicable state or local building
codes and the applicable standards for towers that are published by the
Electronics Industries Association, as amended from time to time. If, upon
inspection, the City concludes that a tower fails to comply with such codes
and standards and constitutes a danger to persons or property, then upon
notice being provided to the owner of the tower, the owner shall have thirty
(30) days to bring such tower into compliance with such standards. Failure
to bring such tower into compliance within said thirty (30) days shall
constitute grounds for the removal of the tower or antenna at the owner's
expense.
8. Non .c enti 1 Services. Towers and antennas shall be regulated and
permitted pursuant to this ordinance and shall not be regulated or permitted
~• as essential services, public utilities, or private utilities.
a~..w 9. License to Overate. Owners and or operators of towers or antennas shall
submit copies of all franchises, certifications, licenses, and permits
required by law for the design, construction, location and operation of
wireless communications in Dublin. Owners and/or operators shall be
required to maintain same and to provide evidence of renewal or extension
thereof when granted.
10. Public Notice. Public notices shall be given in accordance with the City
Zoning Code.
11. ~igns~ No signs shall be allowed on an antenna or tower. A sign shall be
posted indicating the emergency contact phone number. Any identification
signage shall be in accordance with the City sign code.
12. Multiple Antenna/Tower Plan. Dublin encourages the owners of towers
and antennas to submit a single application for approval of multiple towers
and/or antenna sites.
13. Building Permits. The installation of any tower or antenna shall require the
~' compliance with all local building regulations. No installation shall be
allowed, without securing all applicable building permits.
14. Historic Register/District. Any application to locate a Wireless
Telecommunications Facility on a building or structure that is listed on a
historic register, or is in a historic district, shall be subject to review by the
City's Architectural Review Board in addition to any other required review
processes.
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Ordinance No.____I47 ~'~-(Amended) Passed _____________19________
15. Undergro nd ~~,ipment Shelters. Underground equipment shelters will be
required where appropriate screening of shelter cannot be accomplished.
16. Accommodation. The City encourages all towers to be constructed or re-
constructed to accommodate multiple users.
17. Maximum Height. No Tower, including antenna, shall exceed 200 feet, as
measured from grade at the base of the tower.
SECTION VI. ADMINISTRATIVE REVIEW
A. General. The following provisions shall govern the issuance of administrative
approvals for towers and antennas.
1. All Towers and Wireless Communications Facilities will require a
certificate of zoning compliance and applicable building permits prior to
installation.
2. Each applicant for administrative approval shall apply for a certificate of
zoning compliance and provide the information to address Sections VII.B.1
through VII.B.6 of this ordinance. The applicant shall pay a non-
refundable fee as established by the City's annual Fee Ordinance to
reimburse the City for the costs of reviewing the application.
3. The application shall be reviewed for administrative approval to determine
if the proposed use complies with Section VI of this ordinance as well as
all applicable requirements of the underlying zoning district. It is
understood that any underlying height restrictions shall not apply.
4. In all cases, the City will approve or deny such application within sixty (60)
days of receipt. If the City fails to respond within said sixty (60) days,
then the application shall be deemed to be approved.
5. In connection with any application for certificate of zoning compliance, in
order to encourage co-location, the City may allow the reconstruction of an
existing tower not to exceed the maximum heights in accordance with
Section VI.B.3.
6. If a certificate of zoning compliance in connection with an administrative
review is denied, the applicant shall be entitled to file an appeal within 20
days after the decision. The appeal shall be filed with the Board of Zoning
Appeals, specifying the grounds, in conformance with Section 153.235.
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B. Facilities Subject to Administrative ~,pproval. The following uses may be
approved by the City after an administrative review has been conducted. Approval
following the administrative review shall constitute issuance of a certificate of
zoning compliance. Information consistent with Section VII B below should be
submitted to accompany the application for certificate of zoning compliance.
1. Locating antenna on existing building or other antenna support structure,
public or private. Any antenna intended to be attached to a structure other
RECORD OF ORDINANCES
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Dayton Legal Blank Co. Form No. 30043
Ordinance No.
Passed___
than a tower may be approved as an accessory use to any commercial,
industrial, professional, office, institutional, or similar structure, provided:
(a) The antenna is designed to be as unobtrusive as possible.
(b) The antenna does not extend more than twenty (20) feet above the
highest point of the supporting structure;
(c) The antenna complies with all applicable FCC and FAA
regulations;
(d) The antenna complies with all applicable building codes; and
(e) Any additional equipment is fully screened and located in
compliance with the underlying zoning district requirements.
---19-- ----
2. Co-locating antennas on an existing or reconstructed towers, public or
private. The City may approve an antenna which is to be located on an
existing or reconstructed tower. This furthers the goal of minimizing the
adverse visual impacts associated with the proliferation of towers. Co-
loration of antennas by more than one carrier on existing towers shall take
precedence over the construction of new towers, provided such co-location
is accomplished in a manner consistent with the following:
(a) A tower which is modified or reconstructed to accommodate the co-
loration of an additional antenna shall be designed to be consistent
with the existing tower and to be as unobtrusive as possible.
(b) Height.
(i) An existing tower may be modified or rebuilt to a taller
height, not to exceed 200 feet, to accommodate the co-
loration of additional antennae or in accordance as follows:
(A) For two users, up to one hundred-thirty (130) feet in
height;
(B) For three users, up to one hundred-fifty (150) feet in
height;
(C) For four or more users, up to two hundred (200) feet
in height.
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(ii) The additional height shall not require an additional setback
from the property lines, provided the tower meets the
minimum setback requirements (100 feet);
(c) On-site Location
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Dayton Legal Blank Co. Form No. 30043
Ordinance No.___
Passed_______._____
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(i) A tower which is being rebuilt to accommodate the co-
loration of additional antennae may be relocated on site as
long as it meets the minimum setback requirement.
(ii) After the tower is built to accommodate co-location, only
one tower may remain on site.
(d) The antenna complies with all applicable FCC and FAA
regulations;
(e) The antenna complies with all applicable building codes; and
(f) Any additional equipment is fully screened and located in
compliance with the underlying zoning district requirements.
3. Locating a new multi-use tower or antenna, including the placement of
additional buildings or other supporting equipment used in connection with
said tower or antenna, on an industrial site. The City may approve a new
tower or antenna on an industrial site where other less obtrusive measures
are not feasible. With a goal toward minimizing the adverse visual impacts
associated with the proliferation of towers, co-location of several carriers
will be required. New towers and antennae shall be consistent with the
following:
'~ ~ ~ (a) Height
(i) For two users, up to one hundred-thirty (130) feet in height;
(ii) For three users, up to one hundred-fifty (150) feet in height;
(iii) For four or more users, up to two hundred (200) feet in
height.
(b) Towers must be set back a minimum distance of 100 feet r from any
adjoining lot line;
(c) Guys and accessory buildings must satisfy the minimum zoning
district setback requirements;
(d) The antenna complies with all applicable FCC and FAA
regulations;
(e) The antenna complies with all applicable building codes; and
(f) Any additional equipment is fully screened and located in
compliance with the underlying zoning district requirements.
4. Locating any alternative tower structure. The Zoning Administrator may
approve the location of an alternative tower structure on private property,
provided the site is in conformity with the goals set forth in Sections I and
II of this ordinance. Approval by the City Manager shall also be required
for such structures to be located on public property. The objective here is
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Dayton Legal Blank Co. Form No. 30043
Ordinance No.
Passed ------------------------19 ---
to encourage ingenuity and the use of innovative methods to camouflage
such facilities. If it is the determination of the Zoning Administrator that
the proposed facilities have not been reasonably disguised or camouflaged,
~„r, a certificate of caning compliance shall be denied. The applicant may then
proceed with the filing of an application for Conditional Use, per Section
VII of this ordinance.
5. Installing a cable microcell network through the use of multiple low-
powered transmitters/receivers attached to existing wireline systems, such
as conventional cable or telephone wires, outdoor early warning sirens, or
similar technologies/mechanisms that do not require the use of towers.
SECTION VII. CONDITIONAL USE AND SPECIAL PERMIT APPLICATIONS.
A. General. The following provisions shall govern the issuance of conditional use
permits for towers or antennas by the Planning and Zoning Commission and of
special permits for same by the Board of Zoning Appeals:
1. If the tower or antenna is not subject to administrative approval under
Section VI of this ordinance, then a conditional use or special permit shall
be required for the construction of a tower or the placement of an antenna.
2. Applications for conditional use under this Section shall be subject to the
procedures and requirements of Section 153.236 of the Zoning Ordinance,
except as modified in this Section.
3. Applications for special use permits under this Section shall be subject to
the procedures and requirements of the Section 153.090 Zoning Ordinance,
except as modified in this Section.
4. In granting a conditional use or special permit, the Planning and Zoning
Commission or Board of Zoning Appeals, as applicable, may impose
conditions to the extent the body concludes that such conditions are
necessary to minimize any adverse effect of the proposed tower on
adjoining properties.
5. Any information of an engineering nature that the applicant submits,
whether civil, mechanical, or electrical, shall be certified by a licensed
professional engineer.
6. An applicant shall submit the information described in this Section and a
non-refundable fee as established by the City's annual fee ordinance to
reimburse the City for the costs of reviewing the applications.
B. Towers.
1. Information required. In addition to any information required for
conditional use or special permit applications under the Zoning Ordinance,
applicants for a conditional use or special permit for a tower shall submit
the following information:
a. Completed application form.
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b. A scaled and dimensioned site plan (not less than one inch equals 50
feet) clearly indicating the location, type and height of the proposed
tower, on-site land uses and zoning, adjacent land uses and zoning
(including when adjacent to other municipalities), adjacent
roadways, proposed means of access, setbacks from property lines,
elevation drawings of the proposed tower and any other structures,
topography, parking and other information necessary to assess
compliance with this ordinance.
c. Legal description of the parent tract and leased parcel (if
applicable).
d. The setback distance between the proposed tower and the nearest
residential property.
e. The separation distance from other towers described in the
inventory of existing sites submitted pursuant to Section V.B.1 shall
be shown on a map. The applicant shall also identify the type of
construction of the existing tower(s) and the owner/operator of the
existing tower(s), if known.
f. A landscape plan showing specific landscape materials, location and
installation sizes.
g. Method of fencing, if any, including height, material, style, and
color and, if applicable, the method of camouflage and illumination.
h. A description of compliance with Sections V.A., V.B. 1-17, VIII
(b) (4), and all applicable federal, state or local laws.
i. A notarized statement by the applicant as to whether construction of
the tower will accommodate collocation of additional antennas for
future users.
j. Identification of the entities providing the backhaul network for the
tower(s) described in the application and other wireless
telecommunications sites owned or operated by the applicant in the
municipality.
k. A description of the suitability of the use of existing towers, other
structures or alternative technology not requiring the use of towers
or structures to provide the services to be provided through the use
of the proposed new tower.
2. Factors Considered in Granting Conditional Use or Special Permits for
Towers. In addition to any standards for consideration of conditional use
or special permit applications pursuant to the Dublin Zoning Ordinance,
the Planning and Zoning Commission or Board of Zoning Appeals shall
consider the following factors in determining whether to the application
should be approved. The Commission (Board) may waive or reduce the
burden on the applicant of one or more of these criteria if it determines that
the goals of this ordinance are better served thereby:
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~,,, a. Height of the proposed tower;
b. Proximity of the tower to residential structures and residential
district boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
g. Proposed ingress and egress; and
h. Availability of suitable existing towers, other structures, or
alternative technologies not requiring the use of towers or
structures, as discussed in Section VII.B.3 of this ordinance.
~"""" 3. Availability of Suitable Existing Towers, Other Structures, or Alternative
Technology. 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 or
Board that no existing tower, structure or alternative technology is available
to fill the communication requirements. An applicant shall submit
information requested by the Planning and Zoning Commission or Board
of Zoning Appeals 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:
a. No existing towers or structures are located within the specific
geographic limits which met applicant's engineering requirements.
b. Existing towers or structures do not have sufficient height to meet
applicant's engineering requirements, and have insufficient structural
strength to support applicant's proposed antenna and related
equipment.
c. 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.
d. 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 exceeding new
tower development are presumed to be unreasonable.
RECORD OF ORDINANCES
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e. The applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
f. The applicant demonstrates that an alternative technology that does
not require the use of towers or structures, such as a 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.
g. The applicant provides documentation that other tower owners were
contacted in writing in pursuit of the provisions (of Section VII.B.3
a through g) above.
4. Setbacks. The following setback requirements shall apply to all towers for
which a special use permit is required; provided, however, that the Planning
Commission may reduce the standard setback requirements if the goals of the
ordinance would be better served thereby:
a. Towers must be set back a minimum distance of 100 feet r from any
adjoining lot line.
~,,,~ b. Guysand accessory buildings must satisfy the minimum zoning district
setback requirements.
5. Fencing. Any fencing shall comply with the City's code. However, that the
Planning Commission or Board of Zoning Appeals may waive such
requirements, as it deems appropriate.
6. .Landscaping. The following requirements shall govern the landscaping
surrounding towers from which a special use permit is required; provided,
however, that the Planning Commission may waive such requirements if the
goals of this ordinance would be better served thereby.
a. Tower facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower compound as determined
by the Planning Commission.
b. In locations where the visual impact of the tower would be minimal,
the landscaping requirement maybe reduced or waived.
c. 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, natural growth around the
property perimeter by be sufficient buffer.
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SECTION VIII. BUILDINGS OR OTHER EQUIPMENT STORAGE
A. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure
used in association with antennas shall comply with all applicable building codes.
Additionally, such equipment shall be sited and designed to minimize its visual impact
and be screened to its full height.
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B. Antennas Mounted on Utility Poles or Lisht Poles. The equipment cabinet or
structure used in association with antennas shall be located in accordance with the
following:
In residential districts, the equipment cabinet or structure must be located
behind the required building line and at least 30 feet from all lot lines. The
cabinet/structure shall be designed to minimize its visual impact and shall be
screened to it full height with evergreen material. Plants at installation shall
be a minimum of three feet in height.
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2. In commercial or industrial districts the equipment cabinet or structure shall
be located at least 15 feet from all lot lines. The structure or cabinet shall be
screened by an evergreen material with an ultimate height of eight (8) feet and
a planted height of at least three feet.
C. Antennas Located on Towers. The related unmanned equipment structure shall not
exceed the maximum height allowed in the district, and shall be located and screened
in accordance with the zoning district requirements in which located.
D. Equipment Siting Requirements The requirements of Section VIII A through C
above maybe modified by the Planning Commission or Board of Zoning Appeals as
applicable to encourage collocation.
SECTION IX. ABANDONMENT OF TOWER
A. All providers utilizing towers shall notify the City in writing of any Tower facility
located in the City whose use will be discontinued and of the date this use will cease.
If the use of the facility is discontinued for 180 days, a designated local official 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 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. If reactivation or
dismantling does not occur within that period, the City will remove that facility or
cause it to be removed and assess the costs to the owner/operator. In the case of a
multi-use tower, this provision does not become effective until all users cease use of
the tower. However, the City may cause the abandoned portions of systems on the
multi-use tower to be removed in accordance with this provision.
B. The City must provide the Tower owner three (3) months notice and an opportunity
to be heard before the Planning Commission before initiating action to remove the
facility. After such notice has been provided, the City shall have the authority to
initiate proceedings either to acquire the Tower and any appurtenances attached
thereto at the then fair market value, or in the alternative, to order the demolition of
the Tower and all appurtenances.
C. The City shall provide the Tower owner with the right to a public hearing before the
Planning Commission, which public hearing shall follow the three (3) month notice
required in Paragraph B. All interested parties shall be allowed an opportunity to be
heard at the public hearing.
D. After a public hearing is held pursuant to Section C, the Planning Commission may
order the acquisition or demolition of the Tower. The City may require Licensee to
pay for all expenses necessary to acquire or demolish the Tower.
RECORD OF ORDINANCES
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Ordinance No.______-------------- -- Pnssed_ -_--
SECTION X. NONCONFORMING USES
Form No. 30043
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A. Conforming Use. Towers that are constructed, and antennas that are installed, in
accordance with the provisions of this ordinance shall be deemed to constitute the
conforming uses or structures. This shall be the case even when such new facilities
are being added to anon-conforming installation.
B. Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as
they presently exist. Routine maintenance (including replacement with a new tower
of like construction and height serving the same purpose) shall be permitted on such
pre-existing towers. A replacement tower must be constructed within 180 days of
removal of the initial facility. New construction other than routine maintenance on
apre-existing tower shall comply with the requirements of this ordinance.
C. R ilding Damaged or Destroyed Nonconforming Towers or Antennas.
Notwithstanding Section X, bona fide nonconforming towers or antennas that are
damaged or destroyed may be rebuilt without having to first obtain administrative
approval or a special permit. The type, height, and location of the tower onsite shall
be of the same type and intensity as the original facility approved. Building permits
to rebuild the facility shall comply with the then applicable building codes and shall
be obtained within 180 days from the date the facility is damaged or destroyed. If no
permit is obtained or if said permit expires, the tower or antenna shall be deemed
abandoned as specified in Section IX.
SECTION XI. NON-WAIVER
A. Non-Waiver. Nothing in this Ordinance shall preclude the City from exercising any
right or remedy it may have in law or equity to enforce the terms and conditions of
this Ordinance.
SECTION XII. 5EVERABILITY
A. If any provision of this Ordinance or the Application of any provision of this
Ordinance to any person is, to any extent, held invalid or unenforceable by a tribunal
of competent jurisdiction, the remainder of this Ordinance and the application of such
provision to other persons or circumstances shall not be affected by such holding. In
case of such an event, this Ordinance and all if its remaining provisions shall, in all
other respects, continue to be effective. In the event the law invalidating such and
Ordinance provision is subsequently repealed, rescinded, amended or is otherwise
changed so that the provision which had previously been held invalid or
unenforceable, no longer conflicts with the laws, rules or regulations then in effect,
the previously invalid or unenforceable provision shall return to full force and effect.
SECTION XIII. CONDITIONAL USE SECTIONS
A. The existing Code Sections 153.019B, 153.021B, 153.022B, 153.023B, 153.024B,
153.025B, 153.026B, 153.027B, 153.028B, 153.029B, 153.030B, 153.031B,
153.032B, 153.033B shall be amended to include "wireless communications
facilities" as conditional uses in all applicable Districts.
SECTION XIV. REPEALER
A. Sections 153.096 A through C shall be repealed by this ordinance. Any additional
ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict.
RECORD OF ORDINANCES
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Dayton Legal Blank Co. Form No. 30043
147-97 (Amended) __19________
Ordinance No------ - - --- ---- - Passed --- --- -- -- - ---- -- -- ---
SECTION XV. EFFECTIVE DATE
A. This Ordinance shall go in to effect on the earliest date permitted by law
Passed this ~ day of 1997
ATTEST:
(~~~ .
! hereby certify that copies of this Ordnance/
City of Ovblin in accordance w:tA Section T31.25 0~ ~~~ ~
~'~ Clerk f Cou il, Dublin pie
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Initiated by: Department of Service
Division of Planning