Loading...
66-02 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 66-02 Passed 20 AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 99 OF THE CODIFIED ORDINANCES OF THE CITY OF DUBLIN WHEREAS, the City of Dublin desires to comply with the Telecommunications Act of 1996 to include all follow-on rule making and/or rule interpretations; and WHEREAS, the City desires to work proactively with the various wireless telecommunications service providers to ensure deployment of their temporary wireless telecommunications facilities while minimizing the negative impacts on the City; and WHEREAS, the City desires to direct the location of temporary wireless telecommunications facilities in the City; and WHEREAS, there has been an increasing need for and requests for the placement of temporary wireless telecommunications facilities; and WHEREAS, the City of Dublin desires to make certain changes/additions to Chapter 99.• Wireless Telecommunications Regulations of the Codified Ordinances of the City of Dublin; and WHEREAS, such changes to the Dublin Code will better enable the City to regulate the placement of temporary wireless telecommunications facilities for an emergency, special event, conference, or testing. N W THEREFORE IT BE ORDAINED by the Council of the City of Dublin, State of Ohio of the elected members concurring that: Section 1. Chapter 99: Wireless Telecommunications Regulations of the Codified Ordinances of the City of Dublin is herby amended in the following manner: CHAPTER 99: WIRELESS TELECOMMUNICATIONS REGULATIONS Section 99.01 Purpose 99.02 City objectives 99.03 Applicability 99.04 Definitions 99.05 General requirements 99.06 Administrative review 99.07 Conditional use and special permit applications 99.08 Buildings or other equipment storage 99.09 Abandonment of tower 99.10 Nonconforming uses 99.11 Temnorary Wireless Telecommunications Facilities 99.12 Non-waiver § 99.01 PURPOSE. The purpose of this chapter 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. (Ord. 147-97, passed 12-15-97) § 99.02 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. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. fi~i-(12 Passed Pa~~(~_ (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. (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. (Ord. 147-97, passed 12-15-97) § 99.03 APPLICABILITY. (A) All towers, antenna support structures and wireless telecommunications facilities, any portion of which are located within the city, are subject to this chapter. (B) Except as provided in this chapter, any use being made of apre-existing tower or antenna support structure on the effective date of this chapter (herein "nonconforming structures") shall be allowed to continue, even if in conflict with the terms of this chapter. All re-construction or modifications to anon-conforming structure being undertaken, shall be required to conform with this chapter. (Ord. 147-97, passed 12-15-97) § 99.04 DEFINITIONS. For the purposes of this chapter, 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. Man-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. ANTENNA. 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. RECORD OF ORDINANCES Dayton Legal Blank. inc. Form No. 30043 Ordinance No. 66-02 Passed Page ANTENNA SUPPORT STRUCTURE. Any building or other structure other than a tower which can be used for location of wireless telecommunications facilities. APPLICANT. Any person that applies for a certificate of zoning compliance or other approval pursuant to 99.06 sue, 99.07 and 99.11 of this chapter. APPLICANT. 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 chapter. 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. CITY. The City of Dublin, a municipal corporation, in the State of Ohio, acting by and through its City Council. CODE. The Code of Ordinances of the city. CO-LOCATION. The use of a wireless telecommunications facility by more than one wireless telecommunications provider. CONDITIONAL USE. 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. The City Council. 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. ENGINEER. Any engineer licensed by the State of Ohio. EQUIPMENT SHELTER AND/OR CABINET. The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed. FAA. The Federal Aviation Administration, and any legally appointed, designated or elected agent or successor. FCC. The Federal Communications Commission and any legally appointed, designated or elected agent or successor. HEIGHT OR ABOVE GROUND LEVEL (AGL). When referring 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. MICROCELL. 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. 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 telecommunications facility. OPEN SPACE. 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. 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. Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 66-02 Passed Pag~(~_ date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. SPECIAL PERMIT. 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. TEMPORARY WIRELESS TELECOMMUNICATIONS FACILITIES. A temgorarv wireless telecommunications facility is acellular-on-wheels unit, an antenna on a bucket truck, crane, crank-up tower, tower, or other wireless telecommunications facility required to evaluate a site for placement of a wireless telecommunications facility (as would normally be permitted by this chapter) or for providing communications during an emergency, special event or conference. All temgorarv wireless telecommunications facilities shall be limited to a maximum height of seventy-five (751 feet and only be permitted pursuant to and in accordance with the provisions of section 99.11 of this chapter. TOWER. 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. 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. Any cables, wires, lines, wave guides, antennas, microwave dishes, temgorarv wireless telecommunications facility, 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 153.095(B)(4) shall be applicable); (2) Any satellite earth station antenna one meter or less in diameter, regardless of zoning category 153.095(B)(4) shall be applicable); and (3) Antennas used by amateur radio operators 153.096(A) shall be applicable). (Ord. 147-97, passed 12-15-97) § 99.05 GENERAL REQUIREMENTS. (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 minimize adverse health, safety, public welfare or visual impacts through co-location, siting, design and construction, while upholding the intent of § 99.01. (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: RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. (~-(12. Passed Pag~(~ District a) Co-location b) New multi- c) New tower d) Alternative ~ on existing user tower single user tower Temporary antenna (public or structure* wireless support private (public or telecommuni structures or property) private) c-ation towers (public facilities or rivate All Administrative Conditional Conditional Administrative* See 99.11 Residential use use District Commercial Administrative Special permit Conditional Administrative* See 99.11 Districts use Industrial Administrative Administrative Special permit Administrative* See 99.11 Districts Planned Non- Administrative Conditional Conditional Administrative* See 99.11 Residential use use Districts SO and OLR Administrative Special permit Conditional Administrative* See 99.11 Districts use Exceptional Administrative Conditional Conditional Administrative* See 99.11 Use Non- use use Conforming and Special Districts Architectural Conditional Conditional Conditional Conditional use See 99.11 Review use and ARB use and ARB use and ARB and ARB Districts a royal a royal a royal a royal * The goal of Alternative Tower Structures is to camouflage the tower/antenna installation. If it is the determination of the Zoning Administrator that this essential criterion has not been met, a certificate of zoning compliance shall be denied. The application shall be entitled to pursue approval through the Conditional Use procedures. (See § 99.06(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 § 99.05 herein. (1) Inventory of existing sites. 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 chapter 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) Compatible 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. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. ~ifi-n2 Passed Pag~Q~ (d) Lot size and 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. (3) Fencing. Any fencing shall comply with the city's code. (4) Landscaping. Buffer plantings shall be located on the site as deemed appropriate by the city and in accordance with the city's landscape code. (5) Lighting. 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 chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six 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) Building 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 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense. (8) Non essential services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. (9) License to operate. 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) Signs. 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. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 66-02 Passed Pag~(TL (15) Underground equipment 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 reconstructed 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. (Ord. 147-97, passed 12-15-97) § 99.06 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 § 99.07(B)(1) through 99.07(B)(6) of this chapter. The applicant shall pay anon-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 § 99.06 of this chapter 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 60 days of receipt. If the city fails to respond within said 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 § 99.06(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 § 153.235. (B) Facilities subject to administrative approval. The following uses maybe 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 § 99.07(B) 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 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 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 RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. FiFi-n2 Passed Pag~($ (e) Any additional equipment is fully screened and located in compliance with the underlying zoning district requirements. (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-location 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-location of an additional antenna shall be designed to be consistent with the existing tower and to be as unobtrusive as possible. (b) Height. 1. An existing tower maybe modified or rebuilt to a taller height, not to exceed 200 feet, to accommodate the co-location of additional antennae or in accordance as follows: (aa). For two users, up to 130 feet in height; (bb) For three users, up to 150 feet in height; (cc) For four or more users, up to 200 feet in height. 2. 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: 1. A tower which is being rebuilt to accommodate the location of additional antennae maybe relocated on site as long as it meets the minimum setback requirement. 2. 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: 1. For two users, up to 130 feet in height; 2. For three users, up to 150 feet in height; 3. For four or more users, up to 200 feet in height. RECORD OF ORDINANCES Dayton Legal Blank, Ina Form No. 30043 Ordinance No. 66-02 Passed Page (b) Towers must be set back a minimum distance of 100 feet 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 99.01 and 99.02 of this chapter. Approval by the City Manager shall also be required for such structures to be located on public property. The objective here is 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, a certificate of zoning compliance shall be denied. The applicant may then proceed with the filing of an application for conditional use, per § 99.07 of this chapter. (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. (Ord. 147-97, passed 12-15-97) § 99.07 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 § 99.06 of this chapter, 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 § 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 § 153.090 of the 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. RECORD OF ORDINANCES Dayton Legal Blank, Ina Form No. 30043 Ordinance No. ~Z(j_(17 Passed Pau~~_ (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. y, (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 chapter. (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 § 99.05(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 99.05(A), (B)(1) - (17) and 99.08(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 co-location 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 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 chapter are better served thereby: (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; RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. ~ifi-n2. Passed Pag~GL~ (f) Design of the tower, with particular reference to design j, W 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 § 99.07(B)(3) of this chapter. (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. (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 § 99.07(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 chapter would be better served thereby: (a) Towers must be set back a minimum distance of 100 feet from any adjoining lot line. (b) Guys and 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 RECORD OF ORDINANCES Dayton Legal Blank, Ina Form No. 30043 Ordinance No. Fi~i-(12 Passed Patr~(~2~_ Planning Commission may waive such requirements if the goals of this chapter 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 may be 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. (Ord. 147-97, passed 12-15-97) § 99.08 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. (B) Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following: (1) 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 its full height with evergreen material. Plants at installation shall be a minimum of three feet in height. (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 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 § 99.08(A) through (C) above may be modified by the Planning Commission or Board of Zoning Appeals as applicable to encourage collocation. (Ord. 147-97, passed 12-15-97) § 99.09 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 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. RECORD OF ORDINANCES Dayton Legal Blank, Ina Form No. 30043 Ordinance No. FiFi-O~_ Passed Pag~(~L~ (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 month notice required in division (B) above. All interested parties shall be allowed an opportunity to be heard at the public hearing. (D) After a public hearing is held pursuant to division (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. (Ord. 147-97, passed 12-15-97) § 99.10 NONCONFORMING USES. (A) Conforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall be deemed to constitute the conforming uses or structures. This shall be the case even when such new facilities are being added to a nonconforming 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 chapter. (C) Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding this section, bona fide nonconforming towers or antennas that are damaged or destroyed maybe 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 § 99.09. (Ord. 147-97, passed 12-15-97) § 99.11 TEMPORARY WIRELESS TELECOMMUNICATIONS FACILITIES (A) General. Temporary wireless telecommunications 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 normally permitted wireless telecommunications facility sites. Such approval shall be for a period not to exceed two (2) days. (2) Allow communications providers to supplement communications coverage when a previously permitted wireless telecommunications facility has become involuntarily non-operational through an accident or force maieure. Such approval shall be for a period not to exceed thirty (30) days. (3) Address a substantial increase in the communications needs of the residents and guests of the city for a limited period of time in circumstances where an emergency has been declared by the city, state or federal uovernment. Such approval shall be for a period not to exceed fourteen (14) days. (4) Address a substantial increase in the communications needs of the residents and guests of the city for a limited period of time in circumstances when large conferences or special events are being held within the city limits. Such approval shall be for a period not to exceed ten (10) days. (B) Application and Approval. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. Fifi-02 _ Passed Pag~IJL~_ (1) Authority to locate a temporary wireless telecommunications facility in the city will be subject to the approval of the Director of Service. Following receipt of a completed application for a temporary wireless telecommunications facility pursuant to section 99.11(B)(4), the Director of Service shall act to approve or deny the request as soon as practicable. Persons denied approval by the Director of Service may appeal in writing directly to the City Manager. The City Manager's decision shall be final. (2) A temporary wireless telecommunications facility may only be approved by the city for the limited purposes and times described in 99.11(A) 1-4. (3) All approved temporary wireless telecommunications facilities shall: ~a,~ Not exceed seventy-five (75) feet in height (maximum extension). ~b , Have a set back of a minimum of one hundred (100) feet from any adjoining or adjacent property line. c~, Minimize the visual impact of ground equipment to adjoining or adjacent properties. ~d Maximize temporary screening as maybe required by the city and at a minimum use all available natural land formations, buffers of plant materials and natural foliage to effectively screen from view as much of the temporary wireless telecommunications facility as reasonably possible. ~e Only begin being installed or made ready at the approved site twenty-four (24) hours before actual site usage may begin. ~f Be completely removed from the approved site with all site restoration being finalized with_ in twenty-four (24) hours following the required site termination deadline. Not use an electric, gas or other type of generator that causes or permits any noise to emanate from it in such a manner and to be of such intensity and duration to create unreasonable noise or loud sound which is audible from a distance of fifty (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. Be required to comply with 99.05(A), (B)(1) - (13) and 99.07(Bl(4), and all applicable federal, state or local laws. (4) Each applicant seeking approval for the location of a temporary wireless telecommunications facility shall make written application to the Director of Service that at a minimum includes or has attached the following: ~a_,~ A scaled and dimensioned site plan (not less than one inch equals 50 feet) clearly indicating the location, type and height of the proposed temporary wireless telecommunications facility, 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 temporary wireless telecommunications facilities and any other structures, topography, parking and other information necessary to assess compliance with this chapter. A legal description of the parent tract and leased parcel (if a licable . ~c The setback distance between the proposed temporary wireless telecommunications facilities (at its maximum extended height) and the nearest property lines. RECORD OF ORDINANCES Dayton Legal Blank, Tnc. Form No. 30043 Ordinance No. ~~=n2. Passed Pau~'C~_5 ~d,~ A landscape plan showing specific landscape materials, location and installation sizes initially proposed. j,~e_ Method of fencing, if any, including height, material, style, and color and, if applicable, the method of camouflage. ~f A description of compliance with && 99.05(A), (B)(1) - (13) and 99.07(B)(41, and all applicable federal, state or local laws. A notarized statement by the applicant as to whether the placement of temporary wireless telecommunications facility will accommodate co-location of additional antennas for additional users. ~h Identification of the entities providing the backhaul network (if any) for the temporary wireless telecommunications facility. ~i An explanation as to why existing towers, other structures or alternative technology cannot provide the services for which the application is being submitted. A notarized statement from the owner of the real property upon which the temporary wireless telecommunications facility is proposed to be located that authorizes the location of the temporary wireless telecommunications facility. A list of all property owners (and their addresses) adiacent to the proposed temporary wireless telecommunications facility site. The city may require the applicant to provide adiacent property owners with a descriptive notice of the proposed temporary wireless telecommunications facility and site plan. Any other information that the Director of Service or the city may reasonably request. NON-WAIVER. (A) Nothing in this chapter 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 chapter. (Ord. 147-97, passed 12-15-97) REVISION LIST The bracketed numbers refer to the Page and Paragraph for the start of the paragraph in both the old and the new documents. [1:14 1:14] Changed "99.11 Non-waiver" to "99.11 Temporary Facilities" [1:14 1:15] Changed "99.11 Non-waiver" to "99.12 Non-waiver" [3:1 3:2] Changed "and " to " [3:1 3:2] Changed "99.07 of to "99.07 and 99.11 of [4:7 4:9] Add Para "TEMPORARY WIRELESS this chapter. " [4:9 5:2] Changed "dishes and" to "dishes, temporary facility, and" [5:8 8:1 ] Changed "private)_All" to "private)_e) facilities_All" [5:8 8:1] Changed "use_Administrative*_Commercial" to "use_Administrative*_See § 99.11 Commercial" [5:8 8:1] Changed "use_Administrative*_Industrial" to "use_Administrative*_See § 99.11 Industrial" [5:8 8:1] Changed "permit_Administrative*_Planned" to "permit_Administrative*_See § 99.11 Planned" [5:8 8:1] Changed "use Administrative* SO" to "use Administrative* See § 99.11 S0" [5:8 8:1] Changed "use_Administrative*_Exceptional" to "use_Administrative*_See § 99.11 Exceptional" [5:8 8:1] Changed "use_Administrative*_Architectural" to "use_Administrative*_See § 99.11 Architectural" [5:8 8:1] Changed "approval_Conditional approval" to "approval_Conditional approval_See § 99.11_" RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 66-02 Passed Pa~~Gi.~ [16:10 20:7] Changed "99.11 NON-WAIVER." to "99.11 TEMPORARY FACILITIES" [16:10 20:8] Add Paras "(A) General. Temporary reasonably request." [16:10 23:3] Changed "99.11 NON-WAIVER." to 99.12 NON-WAIVER." Section 2. That this Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this ~ day of , 2002 ayor - res' ~ g Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Q~oO~: Cl of Council, Dublin, Ohio Department of Service CITY OF DUBLIN 6351 Shier-Rings Road, Dublin, Ohio 43016-1243 Phone: 614-761-6570 Fax: 614-761-6512 M e m o To: All Members Dublin City Council From: Marsha Grigsby, Interim City Manager/Director of Finance `M~- Initiated by: Dana L. McDaniel, Assistant City Manager/Director of Service Date: April 17, 2002 Re: Ordinance 66-02, An Ordinance Amending Certain Sections of Chapter 99 of the Codified Ordinances of the City of Dublin Attached is Ordinance 66-02, An Ordinance Amending Certain Sections of Chapter 99 of the Codified Ordinances of the City of Dublin, for Council's consideration. Section 1 of the Ordinance provides a "redline" version of Chapter 99 of the Code demonstrating the recommended changes (Additions are bold and underlined, deletions are strike through). As you are aware, Chapter 99 of the Codified ordinances of the City of Dublin provides wireless telecommunications regulations. These regulations have served the City well when you consider the number of wireless sites that are in Dublin, but for the most part are unseen or have had their prohle significantly reduced. Through these regulations the City of Dublin has provided auser-friendly environment and a relatively painless process. I contribute much of the success of this program to Jan Murphy of Nexus Telecommunications and our Planning Division staff, who worked to develop these regulations. The City's wireless regulations, however, did not address the issue of temporary wireless telecommunications facilities. The City has experienced the placement of such facilities -minimally in the past. For the past several years the City has only experienced the placement of this type of facility during the Memorial Tournament and there has only been one temporary facility placed at a time. Staff had reason to believe that the City would begin to see additional requests for the placement of these facilities. As a result, staff requested the Law Director's office review the existing regulations and make recommendations in light of "temporary" facilities. After submitting the legal request staff received a letter for the placement of a second temporary facility on private property during the Memorial Tournament (see attached letter). Staff is not opposed nor can it necessarily be legally opposed to the placement of such facilities under FCC rules and regulations. However, similar to permanent wireless structures, regulations should govern the placement of temporary facilities to the extent allowed by law and within reason. Additional temporary facilities raise the issue of "equal playing field" per the Telecommunications Act of 1996. Ordinance 66-02 provides the needed amendments to Chapter 99. Please address questions to Dana McDaniel at office: 410-4751 or mobile: 206-3311. DLM/tb C: Chris Miller, Schottenstein, Zox and Dunn Jan Murphy, Nexus Telecommunications T:\word\DANA\MEMOS\COUNCIL\Wireless Ordinance Revision 0402.doc Michael Allen Everclear Cvmmunicatcans 2949 fast 14'r' Avenue Golurtabus, C)hiv 43219 Apri 19, 2002 Dear Mr. Alien: b3Sl Shier Rings Road Ou61in, OH 430161243 1 am in receipt of your later dated March 21, 2002 and approve the placement of a 7dne~fl)D:614{761-bS70 temporary evmmunicativns facility and I00' mobile tvvver at 10799 Drake Road with. fax:6?4/761.5512 conditions stated. bekaw. A similar structure has been plac~;c1 at this site in previous years. Based upon "lessons learned" from previous placements, tl~e following conditions must be adhered tv: 1. 1'laeernent of the evntntunicativns equipment atad tvvver as previously presented {attached). phis will provide a maximum setback t'rcam property lines. 2. A "residential grade" generator wi11 be used tv rnu~imize yr eliminate noise rrffccting adjoining properties. 3. Nv advertising will be permitted vn the tt>vwe;r structure; or site as cif vwould neat meet with Dublin's "sign code." 4. MinicniLe the visua3 rrtpact of tgrvund equipment tea adjacent properties. 5. Installation of the tcawc;r and assex;iated equipment will neat commence prior tc~ May 6, 2002. The tower, all associated equipment and. site restoration will be; removed and or ccanclrrded n<a later than 1~riday, may 3, 2002. b, Notify adjacent property avwracrs regarding the placement ofithis temporary tower and associated equipment prior tv May fi, 2(302. "Phis correspondence will inform them of what is being placed and tlae duration of the placement. 7. "Phis tower w°iEl not cause interference vwith other tv~vers in the area. Should you have any questions, please contact Dana McDaniel at {f614)410-4751. ']'hank yvu in advance far your ccx~perativn vn this matter. Sincerely, Dana McDaniel Assitant City NTanager/Diree;tor of Service M Gi1~ LM/tb tn;: lvlarsha Urigsby Bobbie Clarke Sandral'uskarcik Greg Uurtn Jaa~ Murphy F:~~oc d'FFit.l'c~UU Lt iielrsslk;vrF~trser uan~r ~wriia{rc~p.e. Cun: ~ ~ _ - III'~~ e 4 _ M' ly J i ~L y r y~ Y i f ~ ' _~~z~~ _ ~ I'' I 1 ti, C r` 10799 Drake Road, proposed temporary wireless facility placement.