Zoning Resolution - current amendment, November 6, 2007

Perry Township was originally zoned in 1955 for the protection of the health, safety, and welfare of its constituents. As time has moved on it has been necessary to amend some of the original zoning, and the future will no doubt necessitate further changes to keep our growing community developing in an orderly, well planned manner. A Place You Will Be Proud To Live In!

Any changes to the zoning resolution or map made after the printing date may be incorporated in this book. Copies of any changes may be obtained on request from the Zoning Inspector during his office hours. We encourage you to keep your book up to date by procuring such data.

SECTION 101 ADOPTION

(Adopted July 19, 1955)

101.01 Resolution

A resolution providing for the zoning of the unincorporated area of Perry Township by regulating the location and use of buildings and structures, the area and dimensions of lots and yards, and the use of lands and for such purposes dividing the unincorporated area of the township into zones or districts of such number, size and shapes as are deemed best suited to carry out said purposes, and prescribing penalties and proceedings for the administration and enforcement of this resolution.

WHEREAS, the Board of Trustees of Perry Township deems it in the interest of the public health, safety, morals, comfort or general welfare of said Township and its residents to establish a general plan of zoning for the unincorporated area of said Township.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of Perry Township:

101.02 Purpose

For the purpose of promoting public health, safety, morals, comfort or general welfare; to conserve and protect property and property values; to secure the most appropriate use of land; and to facilitate adequate but economical provision of public improvements, all in accordance with a comprehensive plan, the Board of Trustees of this Township finds it necessary and advisable to regulate the location and use of buildings and other structures, including trailer coaches, tents, and cabins, percentages of lot areas which may be occupied, set-back building lines, sizes of yards, courts and other open spaces, and the uses of land for trade, industry, residence, recreation or other purposes and for such purposes divides the unincorporated area of the Township into districts or zones.

SECTION 201 INTERPRETATION

201.01 Minimum Requirement

In interpretation and application, the provisions of this resolution shall be held to be the minimum requirements adopted for the promotion of public health, safety, morals, comfort and general welfare.

201.02 Applicability

Nothing herein shall repeal, abrogate, annul, or in any way impair or interfere with any provision of law or any rules or regulations other than zoning regulations, adopted or issued pursuant to law relating to the construction and use of buildings or premises.

201.03 Other Agreements

Where this Resolution imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger yards than are imposed or required by other provisions of law, rules, regulations, covenants or agreements, the provisions of this resolution shall control, but nothing herein shall interfere with, abrogate or annul any easements, covenants, deed restrictions or agreements between parties which impose restrictions greater than those imposed by this resolution.

201.04 Dates (Adopted Oct. 4, 1994)

Dates of adoption of amendments set forth in this Resolution are for information purposes only and do not form a part of this Resolution. Not all dates of amendments are set forth and dates of amendments involving minor revisions or corrections are seldom listed.

SECTION 203 VALIDITY

Each section, sub-section, provision, requirement, regulation or restriction established by this resolution or any amendment thereto, is hereby declared to be independent, and the holding of any part to be unconstitutional, invalid or ineffective for any cause shall not affect nor render invalid the resolution or amendments thereto as a whole or any other part thereof except the particular part so declared to be invalid.

SECTION 204 ZONING COMMISSION

(Adopted Oct. 4, 1994)

204.01 Organization

The Township Zoning Commission shall be composed of five members who reside in the unincorporated area of the Township, to be appointed by the Trustees, and the terms of the members shall be of such length and so arranged that the term of one member will expire each year.

204.02 Meeting Requirements

The Township Zoning Commission shall meet as often as may be deemed necessary but at least quarterly.

204.03 Duties

The duties of the Zoning Commission shall be to consider zoning matters and amendments based on the health, safety, welfare, and conditions current within the community.

SECTION 205 AMENDMENTS

(Amended November 22, 1977, September 11, 1979, October 4, 1994)

The Township Zoning Commission may initiate amendments to this resolution from time to time. Amendments may also be initiated by the Township Trustees or by petition. The procedure for amending this resolution shall be as set forth in Section 519.12 of the Ohio Revised Code, as the same may be amended from time to time.

SECTION 206 ZONING INSPECTOR

(Amended October 4, 1994)

206.01 Appointment

The position of Township Zoning Inspector is hereby created. He shall be appointed by and serve at the pleasure of the Board of Township Trustees and shall receive such compensation as the Board of Township Trustees may provide.

206.02 Duties

The Zoning Inspector shall review all applications for zoning permits. If the application is in conformance with the Zoning Resolution in force, the Zoning Inspector shall issue a zoning permit.

The Zoning Inspector shall keep all pertinent records relating to zoning permit applications, zoning permits approved and denied, inspections and violations.

The Zoning Inspector shall conduct on-site inspections as required to assure conformance to zoning standards. He shall also inspect to insure representations made by permit holders in documents accompanying permit applications are being carried out. He shall have the ability to call in expert and other resources to help him make this determination if necessary. He shall notify in writing any person determined in violation of this Zoning Resolution and ask for correction within a reasonable, specified time. Should he determine that notice of zoning violation is being ignored, he shall notify the Township's legal advisor and institute legal proceedings. He shall maintain adequate records of all violation determinations and resolutions.

The Zoning Inspector shall tour the Township periodically to see if any violations are taking place or land use changes are occurring without approved zoning permits.

The Zoning Inspector shall keep all such other records as necessary as follows:

1. Records of non-conforming and conditional uses.

2. Up to date zoning maps and zoning resolution text.

3. Records of complaints concerning zoning violations and what disposition was made.

The Township Trustees may assign the Township Zoning Inspector such additional duties as they may deem necessary.

SECTION 207 ZONING CERTIFICATE

(Amended October 4, 1994)

207.01 Application

Before starting construction, changing the use of, or altering any building or structure, including accessory buildings, or changing the use of any premises, application shall be made to the Township Zoning Inspector for a zoning certificate. As a minimum, the application shall indicate the following:

1. The exact location of the proposed construction, alteration or change of use.

2. A plot plan.

3. The proposed location and dimensions.

4. The height of the building and the proposed use.

5. Set-back, rear and side yard clearances.

6. Site plans for non-residential uses as required under Section 216.

The Zoning Inspector, in order to evaluate the requested application, may also require the following:

1. Accurate diagram showing the location of the complete septic system.

2. An architectural plan of the proposed new construction.

3. A topographical survey showing existing and proposed topography by a registered engineer or surveyor of the proposed building site.

4. In business and industrial uses, a parking and traffic flow plan to be approved by the Township Trustees. (Adopted June 26, 1973)

5. Such other information as required elsewhere in the Zoning Resolution under other specific uses.

Each application for a zoning certificate shall be signed by the owner or his agent. (Adopted April 26, 1977; Amended October 4, 1994)

207.02 Compliance

Within ten days after receipt of the application, the Zoning Inspector shall issue a zoning certificate if the application complies with the requirements of this resolution and is accompanied by the proper fee, or shall deny the same if it does not comply. Failure to either issue or deny the permit within ten days, however, shall not constitute approval of the application. (Paragraph amended August 5, 1968)

207.03 Expiration

A zoning certificate shall become null and void one (1) year after date of issuance unless continuous and substantial progress is being made on the project. (Adopted October 28, 1968; Amended Oct. 4, 1994)

207.04 Display of Certificate

Said certificate must be displayed so it can be plainly seen by the Zoning Inspector from the highway. (Adopted July 22, 1969)

207.05 Fees

The Board of Township Trustees shall fix by resolution, and may from time to time amend by resolution, a schedule of fees for applications for zoning certificates of various categories, for applications by private persons for change of zoning classification of specific property, and for appeals to the Board of Zoning Appeals. (Adopted August 5, 1974; Amended May 26, 1977)

207.06 Violation

No person shall construct, alter, or change the use of any building, including accessory buildings or change the use of any premises, or change of occupancy of a business, unless a zoning certificate has first been issued as above provided; and the commission of any said acts without having first obtained a zoning certificate shall be deemed a violation of this resolution, punishable as provided in the enforcement provisions hereof. (Amended June 23, 1970)

SECTION 208 OCCUPANCY PERMITS

(Adopted September 7, 1993)

208.01 Application

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a Certificate of Occupancy shall have been issued therefor by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Resolution and to such permits or variances, and the conditions thereof, granted pursuant to this Resolution.

Prior to the occupancy of any land and/or building for any purpose or use, the property owner and/or tenant shall submit an application for a Certificate of Occupancy to the Zoning Inspector. The Zoning Inspector shall inspect the property and its use to determine compliance prior to the issuance of a Certificate of Occupancy.

The Zoning Inspector shall maintain a record of all Certificates and applications for same.

208.02 Compliance

Certificates of Occupancy issued subsequent to an application for a specific use or arrangement shall authorize only the use or arrangement set forth in the application and no other use or arrangement.

208.03 Violation

Use of property without a Certificate of Occupancy or contrary to the provisions of an issued Certificate of Occupancy shall be deemed to be a violation of this Resolution punishable as provided in the enforcement provisions hereof.

208.04 Temporary Certificate

The Zoning Inspector may issue a temporary Certificate of Occupancy for a period not to exceed three (3) months during alterations or partial occupancy of a building pending its completion, or for the temporary use of land.

208.05 Fees

The Board of Township Trustees shall fix by resolution, and may from time to time amend by resolution, a schedule of fees for applications for Certificates of Occupancy.

SECTION 209 BOARD OF ZONING APPEALS

(Amended October 4, 1994)

209.01 Members

There is hereby created a Township Board of Zoning Appeals consisting of five (5) members, who shall be residents of the unincorporated area of the Township. The terms of each member shall be five (5) years beginning January 1st and so arranged that the term of one member will expire each year. Vacancies shall be filled by the Board of Township Trustees and shall be for the unexpired term. (Amended April 26, 1977)

209.02 Powers

The Township Board of Zoning Appeals shall have the following powers:

a) To hear and decide appeals where it is alleged there is error in any order, requirements, decisions or determinations made by an administrative official in the enforcement of the zoning laws or of this resolution or any amendments thereto. By a favorable vote of three (3) or more members the board may reverse the administrative order.

b) To authorize, upon appeal, in specific cases, such variance from the terms of this zoning resolution as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the resolution or any amendments thereto will result in a practical difficulty or unnecessary hardship, and so that the spirit of the resolution shall be observed and substantial justice done. By a favorable vote of three (3) or more members the board can grant the request for the variance.

c) The Board of Zoning Appeals accepts and reviews conditional use permit applications. The conditional use permit may be granted by a favorable vote of three (3) or more members of the board.

d) To revoke an authorized variance or Conditional Zoning Certificate granted for the extraction of minerals, if any condition of the variance or certificate is violated, in accordance with the procedures set forth in Section 519.14 of the Ohio Revised Code.

e) Any other powers granted by Chapter 519 of the Ohio Revised Code as the same may be amended from time to time.

209.03 Meetings

The Township Board of Zoning Appeals shall organize and adopt rules in accordance with the provisions of this zoning resolution. Meetings of the Board of Zoning Appeals shall be held at the call of the chairman, and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may compel the attendance of witnesses. All meetings of the Board of Zoning Appeals shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions all of which shall be immediately filed in the office of the Board of Township Trustees and shall be a public record.

209.04 Appeals

Appeals may be made by any person aggrieved or by any officer of the township affected by any decision of the administrative officer to the Board of Zoning Appeals. Such appeal shall be made within twenty (20) days after the denial of the administrative officer and shall specify the grounds on which it is sought. The appeal shall be filed with the administrative officer who shall forward the appeal to the Township Board of Zoning Appeals with the documentation.

209.05 Hearings

The Township Board of Zoning Appeals shall fix a reasonable time for the hearing of the appeal, give at least ten (10) days notice in writing to the parties in interest, give notice of such public hearing by one publication in one or more newspapers of general circulation in the County at least ten (10) days before the date of such hearing, and decide the same within thirty (30) days after it is submitted. Upon the hearing, any party may appear in person or by attorney. Any person adversely affected by a decision of the Township Board of Zoning Appeals may appeal to the Court of Common Pleas of this county on the grounds that such decision was unreasonable or unlawful.

209.06 Standards for Variances

No variance shall be granted to the provisions of this resolution unless the Board has determined that a practical difficulty or unnecessary hardship exists or will result from the literal enforcement of the Zoning Resolution. The factors to be weighed by the Board in determining whether a property owner seeking a variance has proven practical difficulty or unnecessary hardship include:

a) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;

b) Whether the variance is substantial;

c) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;

d) Whether the variance would adversely affect the delivery of government services;

e) Whether the property owner purchased the property with the knowledge of the zoning restriction;

f) Whether the property owner's situation can be obviated through some method other than a variance;

g) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance;

h) Whether the request for the variance arises from a condition which is unique and which is not ordinarily shared by other properties in the same zoning district;

i) Whether the need for the variance was created by the Zoning Resolution or by an action or actions of the property owner; and

j) Whether the granting of the variance will adversely affect the public health, safety, or general welfare.

SECTION 210 ENFORCEMENT

210.01 Violations

It shall be unlawful to construct, reconstruct, enlarge, change, maintain or use any building or to use any land in violation of any regulation or any provision of this resolution or any amendment hereto.

Any person, firm or corporation violating this resolution or any regulation, provision or amendment hereto shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than One Hundred Dollars ($100.00). Each and every day during which such illegal erection, construction, reconstruction, enlargement, change, maintenance or use continues may be deemed a separate offense.

210.02 Remedies

In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land is or is proposed to be used in violation of law or of this resolution or any amendment hereto, the Board of Township Trustees, the prosecuting attorney of the county, the Township Zoning Inspector or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove

such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.

SECTION 211 COMPENSATION

(Amended October 4, 1994)

The Board of Township Trustees shall fix by resolution, and may from time to time amend by resolution, a schedule of compensation for the members of the Board of Zoning Appeals, members of the Zoning Commission, the Zoning Inspector, and the Boards' secretaries.

SECTION 212 PROHIBITED USES

(Amended October 4, 1994)

The following uses are deemed to be inconsistent with the public health, safety, morals, comfort, or general welfare, and with the general plan for the development of Perry Township, and shall not be permitted in any Zoning District.

212.01 Junk and Rubbish

Except as otherwise provided in Section 213.07, dumping, storing, burying, reducing, disposing of or burning garbage, refuse, scrap metal, junk as defined in the Ohio Revised Code, rubbish, offal, dead animals, rubber tires or tin cans. Adopted September 21, l971; Amended August 5, 1974; Amended October 4, 1994)

212.02 Manufactured Housing (Amended October 4, 1994)

Manufactured home parks including recreational vehicle parks used for permanent dwelling purposes.

212.03 Penal Institutions

All penal institutions. (Amended June 9, 1977; Amended August 27, 1985)

212.04 Building Material

Storage, piling or accumulation of building material on vacant property, unless a zoning certificate has been issued for construction on said property involving the use of such material.

212.05 Tents (Amended October 4, 1994)

Tents may not be used as a residence except that they may be temporarily used for camping purposes.

212.06 Inoperative Vehicle (Adopted Sept. 23, 1971)

At no time shall anyone park unlicensed and/or inoperative vehicles nor shall any landowner let an unlicensed and/or inoperative vehicle remain on land in any district unless specifically allowed under a business usage. (Amended October 4, 1994)

212.07 Rendering (Adopted July 3. 1980)

Rendering of bones, fat or glue; animal glue or gelatin manufacturing.

212.08 Stockyards and Slaughterhouses (Adopted July 8, 1980)

All stockyards and slaughterhouses are prohibited.

212.09 Vehicle Racing (Adopted July 8, 1980)

The maintenance of any premises or the permitting the use of any premises for the operation of two or more motor vehicles, as defined in the Revised Code of Ohio, which are participating in an attempt to out-distance each other over a selected course, intending hereby to include as a nuisance the racing of any motorized recreational vehicles in any form, which practices are known by way of illustration rather than exclusion as drag racing, stock car racing, and go-cart racing.

212.10 Overcrowding (Adopted July 8, 1980)

Any temporary sporting or social attraction or event which is likely to over-crowd a gathering place, causing a nuisance or hazard.

212.11 Radioactive Waste (Adopted July 8, 1980; Amended Oct. 4, 1994)

Disposal or storage of radioactive materials and waste.

212.12 Commercial Incinerators (Adopted October 4, 1994)

All commercial incinerators are prohibited.

SECTION 213 CONDITIONAL USES

(Amended October 4, 1994)

The Board of Zoning Appeals may grant a conditional zoning certificate for the use of land, buildings, or other structures for the following specific uses as hereinafter set forth, or as otherwise provided in this zoning resolution.

213.01 Junkyards (Amended October 4, 1994)

Junkyards, automobile graveyards or places for the dismantling or wrecking of used vehicles or for the collection or disposing of scrap metal, used paper, rags, used glass or junk for salvage, sale or storage purposes, or for abandoning the same, provided:

a) The premises to be used are in an industrial zone, are adjacent to a railroad, and are at least two hundred (200) feet distant from any public thoroughfare and from any premises owned by another except a railroad; and

b) A fence is erected sufficient to prevent operations and material on the premises from being seen from any other premises including a road or railroad, and to prevent escape of material or waste from the premises.

213.02 House Trailers

House trailers not used for residential purposes, such as construction trailers, may be placed upon any parcel of land, provided that a conditional zoning certificate for such placement is obtained from the Board of Zoning Appeals. The conditional zoning certificate shall be only issued in conjunction with a valid county building permit and shall expire simultaneous with the building permit. The only exception to this section will be in the case of a house trailer sales lot. (Adopted September 23, 1971, Amended October 4, 1994)

213.03 Recreational Camp (Adopted March 27, 1994)

A non-profit recreational camp may be permitted in an ER or R district, provided the following conditions are met:

a) The premises are to be used only for such activities as horseback riding, field games, overnight camping, swimming, picnicking, trails, nature study, archery, fishing, and other such general recreational activities;

b) No building or other structure shall be constructed closer than two hundred (200) feet from any property line;

c) The site shall contain a minimum of sixty (60) acres;

d) A scale drawing of the layout shall be submitted to and filed with the Board of Zoning Appeals;

e) After considering the drawing, the nature of the surrounding properties, and such further exhibits and information as may be requested by the Board of Zoning Appeals, the Board determines that the proposed facility will not interfere with the surrounding residential uses; and

f) The property owner shall agree to such conditions as the Board may reasonably determine are necessary to protect the residential character of the neighborhood, including, but not limited to:

i) The use of fencing or screening;

ii) Limitations on size or extent of facilities;

iii) Limitations on the number of people to use the facility at any given time;

iv) Restrictions on the location of roads and driveways; and/or

v) Other such measures reasonably calculated to protect the residential character of the neighborhood.

213.04 Business and Commercial - B District

A Conditional Zoning Certificate may be granted for business and commercial uses in a B district for uses not specifically set forth in Section 310.01 of this Zoning Resolution, provided the Board of Zoning Appeals determines that the use is similar to other uses specifically permitted in a B district.

213.05 Light Industry - I-1 District

A conditional zoning certificate may be granted for light industrial uses in an I-1 District for uses not specifically set forth in Section 315.01 of this Zoning Resolution, provided the Board of Zoning Appeals determines that the use is similar to other uses specifically permitted in an I-1 District. A conditional zoning certificate may be granted to increase the height of buildings and structures up to a maximum of forty-five (45) feet. (Amended March 21, 1995)

213.06 Heavy Industry - I-2 District

A conditional zoning certificate may be granted for heavy manufacturing uses in an I-2 District for those uses permitted pursuant to Section 316 of this Zoning Resolution. A conditional zoning certificate may be granted to increase the height of buildings and structures up to a maximum of forty-five (45) feet. (Amended March 21, 1995)

213.07 Heavy Industrial - I-3 District (Adopted April 26, 1994)

A conditional zoning certificate may be granted for manufacturing and industrial uses in an I-3 District for uses not set forth in Section 317 of this Zoning Resolution provided that the Board of Zoning Appeals determines that the use is similar to other manufacturing and industrial uses specifically permitted in the I-3 District. Uses listed in item 1 in I-1 Districts or item 1 in I-2 Districts shall not be considered by the Board to be similar uses.

A conditional zoning certificate may be granted for a maximum of one single family residence in an I-3 District on any parcel which was a lot of record as of January 1, 1994, provided that there is not an existing residence on said parcel. A conditional zoning certificate may be granted to increase the height of buildings and structures up to a maximum of forty-five (45) feet. (Amended March 21, 1995)

213.08 Rubble

Rubble for fill may be dumped pursuant to a permit issued by the Board of Zoning Appeals which shall be conditioned to require covering all the rubble with clean earth to a minimum depth of eighteen (18) inches, shall specify the time within which the dumping and coverage shall be completed, and shall be issued only after a bond satisfactory and payable to the Township Trustees is filed in an amount sufficient to pay for the required covering. The applicant shall file a topographical survey by a registered engineer or land surveyor showing the area in square yards to be filled and covered. (Adopted August 5, 1974; Amended October 4, 1994)

213.09 Application

An application for a Conditional Zoning Certificate shall be filed with the Zoning Inspector in accordance with the procedure set forth in 519.15 of the Ohio Revised Code by at least one owner or lessee of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information:

a) Name, address, and telephone number of applicant;

b) Legal description of the property and the name of the owner(s) of record;

c) Description of existing use;

d) Zoning district;

e) Description of proposed conditional use;

f) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and internal traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board of Zoning Appeals may require to determine if the proposed conditional use meets the intent and requirements of this Resolution; and

g) A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.

213.10 Standards

In addition to the requirements for specific conditional permitted uses expressly set forth in this Resolution, the Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

a) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Township's Comprehensive Plan and/or the Zoning Resolution;

b) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

c) Will not be hazardous or disturbing to existing or future neighboring uses;

d) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, sewage, water, and schools or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

e) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

f) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous to the general welfare of the community;

g) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;

h) Will not result in the destruction, loss, or damage of a natural, scenic or historical feature. (Amended August 27,1985)

213.11 Wireless Telecommunications Facilities (Adopted September 2, 1997)

a) Wireless Telecommunications Facilities shall be permitted with a Conditional Use Certificate in Class I-1 and I-2 Districts provided such facilities are in compliance with provisions of this Section and other applicable requirement of this Zoning Resolution.

b) No person shall install or maintain a Wireless Telecommunications Facility without first obtaining a Conditional Use Certificate from the Board of Zoning Appeals.

c) As used in this Section, the following words and/or phrases shall have the meaning set forth below:

i) "Wireless Telecommunications Facility" means the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with another mobile unit or a land-based telephone lines.

ii) "Tower" means a structure intended to support equipment used to transmit and/or receive telecommunications signals.

iii) "Antenna" means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission (FCC) are transmitted or received.

d) Any application for a Conditional Use Certificate for a proposed Wireless Telecommunications Facility which includes a new Tower shall include:

i) a site plan indicating all existing and proposed buildings within 300 feet of the proposed Tower,

ii) a landscaping plan to screen the facility from adjacent uses,

iii) information regarding the proposed service area for the facility and the necessity or demonstrated need for the proposed location,

iv) information regarding the feasibility of collocation on an existing Tower,

v) an elevation drawing of the proposed Tower,

vi) a statement that the applicant will reasonably make space available on the Tower for collocation by other providers.

e) Towers shall be of a monopole design only and shall be painted or colored to camouflage or minimize its visibility unless otherwise required by the FCC or Federal Aviation Administration (FAA). Towers shall not contain advertising and shall not be illuminated unless required to do so by the FAA, in which case the Tower shall conform to FAA regulations for safety markings and obstruction lighting.

f) All Towers shall be designed and certified by a registered design professional to withstand wind loads of 90 miles per hour with one-half (½) inch of icing and to accommodate Wireless Communications Facilities for a total of at least two (2) providers.

g) The maximum height of any free-standing Wireless Communication Facility shall be 150 feet unless a variance to permit a greater height is granted by the Board of Zoning Appeals based upon a showing of necessity to provide communications service. The maximum height of any roof mounted Antenna shall be 20 feet above the roof.

h) Towers shall be located from all property lines a distance at least equal to one-half (½) the height of the Tower. Where adjacent to any R or ER District, Towers shall be located a distance at least equal to the height of the Tower from all property zoned R or ER. Towers must be located a distance at least equal to the height of the Tower from any existing residential structure regardless of the zoning classification.

i) All Wireless Telecommunications Facilities shall be secured with fencing surrounding the Tower and equipment shelter.

j) Where a Wireless Telecommunications Facility is the principal or sole use on a lot, the lot shall conform to the minimum area and frontage requirements of the zoning district.

k) Where a Wireless Telecommunications Facility is permitted as an accessory use on lot or parcel, the Board of Zoning Appeals may require buffering from the main use. In such locations, the provisions for vehicular access to the Wireless Telecommunications Facility shall not interfere with parking or circulation patterns of the main use.