§ 1419-33. Wireless Communications Facilities.

Wireless communication towers and antennas greater than 20 feet in height must conform to the following:

(a)

Conditional Use Approval Required. Approval of a conditional use is required, pursuant to Chapter 1445, Variances, Special Exceptions and Conditional Uses. In determining whether approval of an application for a wireless communication tower or antenna greater than 20 feet in height as a conditional use is in the public interest, the Zoning Hearing Examiner has the duty to evaluate whether technically suitable space is available on commercially reasonable terms on an existing tower or structure within the geographic area to be served. To enable this determination, the applicant is required to submit with the permit application a list of the location of every tower, building or structure that could support the proposed antenna so as to allow it to serve its intended function. The applicant must demonstrate that a technically suitable location is not available on commercially reasonable terms on an existing tower, building or structure. If another communication tower is technically suitable, the applicant must show that it has offered to allow the owner to co-locate an antenna on another tower within the city owned by the applicant on reciprocal terms and the offer was not accepted or that other tower is presumed to be reasonably available. Consideration of these factors is in addition to the standards enumerated in Chapter 1445, Variances, Special Exceptions and Conditional Uses, and in this section. The failure of an applicant to offer to other wireless communication service providers on reciprocal term rights to install wireless communication antennas on wireless communication towers within the city controlled by the applicant is cause to deny approval of an application for a wireless communication tower as a conditional use.

(b)

Wireless Communication Network Plan Required. Any person licensed by the Federal Communications Commission to provide wireless communication services within the City of Cincinnati who has installed or intends to install a wireless communication antenna within the city is required to file its wireless communication network plan with the Director of Buildings and Inspections. A provider must file an amended plan with the director any time there is a change in company name, ownership, location of facilities or operations. The director must send a copy of each amended plan to every person who has filed a plan and to every community organization affected by the amendments to the plan.

(c)

Minimum Site Area. Monopole towers in an SF or RF-R district must be located on a site larger than three acres.

(d)

Required Setbacks. Poles, towers, equipment structures and antennas placement must meet the minimum yard standards for all setbacks as set forth in the applicable district regulations of the Cincinnati Zoning Code. Further, a wireless communication tower should be at least 110 percent of its height distant from any existing residential structure in any residential district.

(e)

Design Compatibility. Apart from the tower or monopole structure, the facility appurtenances must be aesthetically and architecturally compatible with the architecture of the surrounding environment.

(f)

Screening Required. Screen fencing must be provided for aesthetic and public safety reasons and a fence at least six feet in height must be erected completely around any communication tower and any related support facilities. Barbed and razor wire fencing is prohibited in residential districts.

(g)

Landscaping. A Type B planted buffer yard is required along residential district boundaries and adjacent to residential uses, as prescribed in Schedule 1423-13-B. Buffer yards must meet the standards of Chapter 1423, Landscaping and Buffer Yards. Buffer yard planting may be located in a required setback area.

(h)

Obsolete Facility. The owner or operator must agree to remove an obsolete facility within 12 months of ceasing its active use for wireless communications.

(i)

Outdoor Storage. Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited in a residential district.

(j)

Lighting. An antenna or a tower may not be illuminated and lighting fixtures or signs may not be attached to the antenna or tower, except as required by law or to protect the safety of the general public.

(k)

Certification. The applicant must provide written certification from a registered engineer that the antenna and tower are to be constructed in compliance with all applicable federal, state and local regulations pertaining to the construction.

(l)

Tower Height. A tower must be a monopole unless the tower is more than 200 feet high.

(m)

Limitations on Authority to Deny.

(i)

The Zoning Hearing Examiner may not deny an application for a wireless communication antenna as a conditional use if the denial would unreasonably discriminate among providers of functionally equivalent services or prohibit or have the effect of prohibiting the provision of personal wireless services.

(ii)

The Zoning Hearing Examiner may not deny an application for a wireless communication antenna as a conditional use on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions.

(iii)

The Zoning Hearing Examiner may not deny an application for a conditional use for the collocation of new transmission equipment, the removal of transmission equipment, or the replacement of transmission equipment on an existing wireless communications tower, antenna or any base station that does not substantially change the physical dimensions of such communications tower, antenna, or base station.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Emer. Ord. No. 169-2012, § 1, eff. May 23, 2012)