Granville Community Calendar

Ordinance 08-1996

Ordinance No. 08-96
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BY:
i
rH-92'3-
AN ORDINANCE TO REPEAL EXISTING CHAPTER 1191 AND ADD
AMENDED CHAPTER 1191 TO THE GRANVILLE CODIFIED
ORDINANCES TO CONTROL THE PLACEMENT AND USE OF
SATELLITE DISH ANTENNAE AND COMMUNICATION TOWERS FOR
COMMUNICATION DISTRIBUTION SYSTEMS AND DECLARING AN
EMERGENCY.
WHEREAS,the existing Chapter 1191 has been rewritten to more efficiently regulate
the placement of satellite dish antennae.
WHEREAS,the existing Chapter 1191 does not address the regulation of
telecommunication towers used for a variety of new technologies.
NOW,THEREFOR,BE IT ORDAINED by the Council of the Village of Granville
that:
Section I: The existing Chapter 1191 is hereby repealed,and
Section II: Chapter 1191 shall be andihereby is added to the Granville Codified Ordinances to
read as follows;
CHAPTER 1191
Satellite Dish and Communication Towers
for Communication Distribution Systems
1191.01 Purpose.
1191.02 Detinitions.
1191. 03 Administration.
1191.04 Dish Antennae or Other Antennae.
1191.05 Communication Towers for
Communication Distribution
Systems.
1191. 01 PURPOSE
a)The purpose of these regulations,to the extent permitted by the Telecommunications
Act 6f 1996,is to regulate the proper placement and use of satellite dish antenna
Systems. In addition to protecting health and safety as may be impacted from improper placement or installation,these regulations are,to the extent not directly preempted by the 1996 Act:intended to promote the aesthetic objectives of the
municipality as such objectives may be compromised by the installation of such Systems. To protect and promote the general health,saiety and welfare,and to
protect and encourage the most aesthetic appearance of the community as ts permissible,satellite dish antennas are subJect to the regulations set forth in this Chapter.
b)In addition,the purpose of these regulations is to regulate the use,placement or construction of towers used in radio,satellite dish,telephone,microwave or other wavelength communication whether fpr transmissign,receiving or relay. The communication tower regulations are intended,while preserving opportunity for improved services and technological advances,to preserve the quality of life in areas close to tower installations,to protect the health and safetv of residents from the possible adverse impacts from the technologies in use and to protect the visual quality and natural beauty of the community as a whole. To provide guidelines for zoning compliance and to protect the Seneral welfare,health and saty of Granville's residents in the absence oi tower regulations,communication towers whether used for television and radio,cellular telephone systems or other transmission,receipt,or relay are subject to the regulations set forth in this Chapter.
1191.02 DEFINITIONS
a)a Cb oo"mvemgurnaidcea,twiohnettohewrer"means any structure thirty five 3(5)feet or greater in height free standing or attached to an existing structure,that is owned porpievarateted or in any way or to any extent controlled by any commercial enterprise,pubfic or utility,or other entity and that is intended for transmitting,receiving or relaying television,radio,telephone or other communications. Towers less than thirtyf-ive 05) feet in height above grade shall be regulated as antennae under Section 1191 .03. Towers toorwinesrstawllaitthioinnsthreegmuleaatendinugnodfetrhSisesceticotnion1191.05b( )ofthis Chapter are not communication b)C"oAmMmaunndicFatMion,mdiicsrtoriwbauvtieon system"includes broadcast antennae for cellular telephone, and television Systems.
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c) S a"tellite dish antenna"or "dish antenna"means an antenna of any size,shape,material
or description,which receives or transmits microwave signals,eitner directly or
indirectly,to or from satellites. All antenna are classified depending upon size. Antenna
which are one meter or less in diameter are defined as' small dish antenna. Antenna
which are two meters or less in diameter,but greater than one meter,are defined as
large dish antenna".
1191. 03 ADMINISTRATION
a) Permit As a consequence of the safety hazards created by the improper installation or
construction of large Systems or towers,the additional support often necessary with
such systems and the hazards which may result from the placement of such systems in
an otherwise open or unobstructed area,an installation permit issued by the Village
Manager or the Manager's designee shall be required for the erection of all large dish
antennas,non roof mounted small dish antenna and communication towers. An
application for such a permit shall contain a scale drawing of the structure or
installation,a plat plan showing the structure's proosed size and location in relation to
any building,property lines,and rights-of-way,ana all other information necessary to
fully depict the proposed dish antenna or communication tower. All applications for
large dish antenna,non roof mounted small dish antenna,or Communication tower
installation permits shall be reviewed by the Zoning Inspector for compliance with these
regulations. The following procedure shall be used for all applications:
1) An application shall be submitted to the Village Manager,or the Manager's designee,which shall be forwarded to the Zonin Inspector wjthin three,3 (),
wbuitshininesfsoduaryteseonf,r e1 (c4ei)pd,ta.ysThoef rZeocneiinpgt oInf stnpeecatpoprliscaatliloinssoureisasnueinsatwalrlaitttieonnipinedrminigt
to the applicant setting fort the reason or reasons why the application for a permit
has been denied. The times set forth in this Section may be extended upon written
approval of the applicant or for fourteen, 1 (4)d,ays by the Zoning Inspector for
good cause.
2) The Zoning Inspector may approve,approve with modifications,or deny an application in accordance witn these regulations.,No determination ofthe Zoning
Inspector shall be final until issued in writing and served upon the applicant by
ordinary mail to be delivered to the address set forth in the application.
3) ABnyapOlifcZaonnt iangggArienvdedBubiyldthinegdAepcpiseioanlsof the Zoning Inspector may appeal to the as set forth in Chapter 1139 of the
Codified Ordinances. Further appeal to Council is available and is governed by the procedures set forth in Chapter 1137 ofthe Codified Ordinances.
b) Fees. The permit fee shall be established by Village Council in accordance with
Chapter 1305 ofthe Granville Codified Ordinances
c) ZInosnpiencgtioInnspaendctMora' intenance. It shall be the responsibility of the Zoning Inspector,or the s designee,to administer and enforce these regulations. Any large dish
antenna,non roof mounted small dish antenna,or communication tower mav be
inspected at any time to determine its compliance with this Chapter,applicable regulations and acceptable safety standards. All dish antennas,whether classified as large or small and regardless of the location or method of installation,and
communication towers shall be kept in a state of safety and good repair. If violations are found,the Zoning Inspector shall notify the owner of the violations and of actions required for compliance. Failure to comply within thirty 3(0)days,unless otherwise extended by the Zoning Inspector shall constitute a violation of this Chapter,shall subject the owner of such dish antenna or communication tower to the eenalty provided in Section 1137.08 of the Codified Ordinances and shall be grounds
rioemr tohvearleovfocation of any permit issued ando/r commencement of proceedings to cause the dish antenna or communication tower at the owner's expense.
1191. 04 DISH ANTENNAE OR OTHER ANTENNAE.
a)Gloecnaeteradl iRneaglul zlaotinoinnsg. The following provisions apply to dish antennae or other antennae districts. All dish antennae or other antennae shall:
1) In the case of large dish antenna or non roofmounted small dish antenna be located to the rear of or behind the principal building or structure and be within all building set-back lines;
32 IBnetahne caacsceesosfolrayrguesedsisuhboarndteinnantea otor tnhoenprroinocfimpaoluunsteedofsmthaellpdroispheartnyte; nnae mounted in a concrete base in line with grade utilizing only metal supports of Dalvanized construction without the use of supporting guy wires; 4) 6situthaetecdase of large dish antenna and non roofmounted small dish antenna be so righto- fo-n the property as to minimize view from adjacentproperty or public or receptiwonay to the fullest extent possible without materially limiting transmission that the densaitsycaonndtehmeipglhatteodfbpvlatnhteing1s996 Act and landscaped in such a manner minimize the risk of unintended around the base oi the System will whatever reason or accidental contact by an individual who for 5) In the mav pass through the area containing the system. undergcaroseunodf;large dish antenna and non roofmounted small antenna be wired
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Bewithoutpublicmessages oradvertising;
Be properly maintained;
Be designed to withstand a wind force ofup to seventy 7(0)miles per hour;
b) tRheesfiodlelonwtiainl Dgistricts. Within Residential Districts,as defined in the Zoninj Ordinance, additional provisions to those set forth in subsectiona "()a"b,ove,shall
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apply to dish antennae or other antennae designed to transmit or receive radio,television
or other signals to or from satellites or relay towers.
1) Ground-mounted dish antennae or other ground-mounted antennae shall be considered
structures and shall comply with the following conditions and requirements:
a) Such dish antenna or other antennae not mounted on the roof of a primary or
accessory structure shall not exceed an above-grade height of twelve (12)feet,
shall not be located closer than ten (10)feet to a rear lot line,eight (8)feet from
a side lot line,or one,( 1), foot from any easement
2) Roof- mounted dish antennae or other roof- mounted antennae shall be considered
accessory structures and shall comply with the following conditions and requirements;
a) Such dish antennae or other antennae shall be mounted directly on the roof of primary a or accessory structure and shall not be mounted on appurtenances such
as chimneys,towers or spires.
b) Such dish antennae or other antennae mounted on the roof of a primarv or
accessory structure shall not exceed a height of greater than three ( 3)feet above
the roof on which it is mounted. The height shall be measured vertically from the
point at which such dish antenna or other antennae is mounted on the roof.
c) The diameter of any dish antenna mounted upon the roof of a primary or
accessory structure shall not exceed one meter.
d) Be located to the rear of the roof structure if reasonable in light of
transmission or reception requirements.
c) Non-residential Districts. Within Nonresidential Districts,the following additional
provisions to those set forth in subsectiona "()a"b,ove,shall apply to dish antennae or other antennae designed to transmit,receive,or relay radio,television,or other signals
to or from satellites or relay towers.
1) Ground-mounted dish antennae or other ground-mounted antennae shall be considered
accessory structures and shall comply with the following conditions and requirements:
a) tSwucehlvdeis,h (antennae or other antennae shall not exceed an aboveg-rade height of 12)fe,et and shall not be located within fifty, 5(0)fe,et of a public right
ofw- ay,thirty,3 (0)fe,et of a rear or side lot line and not closer than fifty, 5(0), feet from a lot line in a residential district
2) Roof- mounted dish antennae or other roof- mounted antenna shall be considered
accessory structures and shall comply with the following conditions and requirements.
a) pSruimchadryish antennae or other antennae shall be mounted directly on the roof of a or accessory structure and shall not be mounted on appurtenances such
as chimneys,towers or spires.
b) Such dish antennae or other antennae mounted on the roof of a primary or tahcecersosoofry structure shall not exceed a heiht of greater than three 3( )feet above point at wonhiwchhiscuhchit sistamtioonunted. The height shall be measured vertically from the or dish antenna is mounted on the roof
c) The diameter of any dish antenna mounted upon the roof of a primary or accessory structure shall not exceed one meter
1191. 05 COMMUNICATION TOWERS FOR COMMUNICATION DISTRIBUTION
SYSTEMS.
a) rGaednieor,aslaRteellgitueladtiisohn,s: The following provisions apply to communication towers used in transmission, telephone,microwave or other wavelength c6mmunication for receiving or relay
1) Permitted in Planned Industrial District,P (ID)Planned Commercial District, PCD)a,nd a Conditional Use in Community Aervice District,C (SD); 2)Sited so that all reasonable alternatives for tower placement have bean clearly and convincingly demonstrated so that the installation will minimize both the visual intrusion ofthe tower and the potential safety risks associated with the presence and operation of the tower;
3) Shared with other users to minimize the number oftowers within the municipality
4)Detailed in a site plan to include complete structure elevations and a perspective vDireowposshedowsiinteg;the tower from all property lines or lot lines adjacent to the
5)Lbyocated to minimize the visual impact at base elevation ofthe proposed structure a comprehensive landscape plan;
6)Torhedisintsritcatllation shall be five hundred 5(00)feet from the nearest residential use
7)Mallaaxtitmacuhmmehnetisght oftowers th(at is,the height to the top ofthe tower,including grade. This heigohrtelixmteitnaspipolinesss)w,hhaelltbheerlimited to one hundred 1(00)feet from mounted on another structure. the tower is attached to the ground or
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8) Minimum setback from all property lines shall be a distance equal to the height
of the tower. Setback shall be defined as the distance from the property line to the
nearest portion of the structure;
9) Underground wiring to the site and from the tower to any service or ancillary
structures shall be required;
10) Equipment,mobile or immobile,not used in direct support ofthe transmission
or relay facility,shall not be stored or parked on the site except in connection
with a repair or maintenance being made to the installation;
11) No employees shall be employed on a regular basis at the installation site;
12) Towers shall be kept in a state of good repair
13) Obsolete or unused facilities shall be removed within twelve (12)months of
ceasing operation.
14) No supporting wires or cables shall encroach upon any minimum setback
requirements and shall be completely encircled at the point of attachment to the
ground with sufficient fencing and/or plantings of sufficient density and height
To prevent any individual who may for any reason be in the area from coming
into contact with any such supporting wires or cables.
b)Exemptions
1) Ham radio installations and systems are,in light ofthe public safetv and
emergency services provided,considered to be unique. Regulation,including the
regulation of antenna necessary to the operation of such systems,must,in light of
federal preemption,constitute the minimum practicable regulation to accomplish
legitimate local purpose. In providing reasonable accommodation to such systems,
Ham radio antenna and/ or towers are permitted in all districts as follows:
a) In those systems where the roof mounted antenna does not extend more
than fifteen,1 (5)fe,et above the highest point of the roof line or where the
tower is attached to the rear of the primary structure and does not exceed fifty,
50)fe,et in height as measured fromprade,no application,review or permit is required for such antenna or tower. The requirements of Section 1191.04 a( ) 1)2,()4,()6,()7,)(and 8( )must be met;
b) In those systems where the roof mounted antenna extends more than
fifteen, 1 (5)fe,et above the highest point of the roof line or where the tower is
not attached to the rear of the primary structure or where the tower exceeds
fifty,5 (0)fe,et in height as measured from grade but does not exceed seventy, 70)re,et in height as measured from grade application,review and
permitting as set forth in Section 1191.030( , b()and c( )is reguired. In submitting an application pursuant to this subsection,the applicant should include all available information regarding the technical periormance requirements of the system proposed . The Zoning Inspector shall fully
consider the operational requirements of the system as proposed in applying the minimum practicable regulation which reasonably accommodates the system requirements. In this regard the Zoning Inspector may seek the
assistance of such professionals familiar with such systems as is necessary and appropriate under the circumstances. The requirements of Section
1191.04a( )1 ()2,()4,()5,()6,()7,)a(nd 8( )as well as those of Section
1191.05a( 2)()8,)(and 1( 4)must be met;
ecle)cAtrilclaslypsetermmsitmreuqsut imreemeet natlsl .FAA and FCC requirements and building and
d)Towers in excess of seventy,7 (0)fe,et in height are prohibited in all
residential districts. In all other districts,and notwithstanding the exclusion set forth in Section 1191.02 a( )to,wers in excess of seventy,7 (0)feet are defined
as communication towers and regulated accordingly.
Section III: This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace,health,safety and welfare of the Municipality and its inhabitants. Wherefore,this ordinance shall be in full force and effect from and immediately upon passage.
Passed this 9 /
Attest:
r-LLCk ry-G\0- 1*0 C erk of Council /
Approvesa!,soP,Om?:
I- L·4 11 1 / 1 + fr 0/ 1 -1/t/k/,J
Law Bfrector
day of C
L.
C 1996.

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