124-
TELECOMMUNICATION AND WIRELESS TELECOMMUNICATION TOWERS AND ACCESSORY STRUCTURES
124.1
For the purpose of this resolution, telecommunication towers shall be
defined as any free standing structure, or any structure to be attached to a
building or other structure, that meets all of the following criteria:
·
The free
standing or attached structure is proposed to be constructed on or after October
31st, 1996.
·
The free
standing or attached structure is proposed to be owned or principally used by a
public utility engaged in the provision of telecommunications services.
·
The free
standing or attached structure is proposed to be located in an unincorporated
area of a township, in an area zoned for residential use.
·
The free
standing structure is proposed to top at a height that is greater than either
the maximum allowable height of residential structures within the zoned area as
set forth in the applicable zoning regulations, or the maximum allowable height
of such a free standing structure as set forth in any applicable zoning
regulation in effect immediately prior to October 31st, 1996, or as
those regulations subsequently are amended.
·
The attached
structure is proposed to top at a height that is greater than either the height
of the building or other structure to which it is to be attached, or the maximum
allowable height of such an attached structure as set forth in any applicable
zoning regulations in effect immediately prior to October 31st, 1996,
or as those regulations subsequently are amended.
·
The free
standing or attached structure is proposed to have attached to it radio
frequency transmission or reception equipment.
124.2
Pursuant to the powers conferred by compliance to division (B) and (C) of
R.C. 519/211 or any other R.C. section numbers conferring powers to the Board of
Zoning Appeals, the Board of Zoning Appeals shall dutifully review the location,
erection, construction, reconstruction, change, alteration, maintenance,
removal, use, or enlargement of any buildings or structures of any public
utility, whether publicly or privately owned, or the use of land by any public
utility, for the operation of its business
prior to issuing an approval of a conditional use permit.
124.2.1
The applicant shall be required to document that no technically
suitable and feasible sites are available for the construction of a
telecommunication tower or an attached telecommunication tower to an existing
building or structure in a nonresidential district and that the site chosen is
located in the least restrictive district that includes a technically suitable
and feasible tower site as part of the application for a conditional use permit.
124.2.2
As part of an approved conditional use permit, the applicants shall be
required to inform the Zoning Inspector within 30 to 60 days the tower operation
ceases to operate and further, to remove the tower structures and accessory
structures from the site as part of the conditional use permit within one year
of the tower ceasing to operate.
The Board of Zoning Appeals may allow resale or renting of the tower, the
attached tower, and its accessory facilities once another zoning certificate is
issued without holding additional hearings.
124.3
Any person who plans to construct a telecommunication tower, or attach a
telecommunication tower to an existing structure, or erect an accessory
structure as an incidental use for a telecommunication tower within an area
zoned for residential use shall be required to fully and completely comply with
Ohio Revised Code Section 519.211, division (B) and shall be required to obtain
a conditional use permit approved by the Board of Zoning Appeals.
Refer to Township Zoning Resolution, Section 142.4 for conditional use
permit content requirements. In
addition to the requirements set forth in Section 142.4 of the Township Zoning
Resolution and as required in R.C. 519.211, division (B) the applicant shall
provide the Board of Zoning Appeals a copy of the list of notices sent to each
owner of property as shown on the county auditor's current tax list whose land
is contiguous to or directly across a street or roadway from the property on
which the tower is proposed to be constructed. The Board of Zoning Appeals may
refer to the conditions and restrictions within Section 142.4.5.2 for guidance
and reference when restricting and regulating the location of any tower or
supporting piece of equipment.