(A) This section is in accordance with I.C. 8-1-32.3, and compatible with the provisions of § 332(c)(7)(B) of the Federal Telecommunications Act of 1996, as in effect on July 1, 2015, and § 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. This section does not apply to personal television antennas, ham radio, short wave radio antennas, or other communications equipment accessory to residential uses.
(B) Prior to an improvement location permit, the applicant shall provide information demonstrating compliance with all FCC, FAA and ANSI standards.
(C) All wireless towers may exceed normal height requirements.
(1) No standards or applications are required for an applicant regarding the installation, location, or use of wireless service facilities on utility poles or electrical transmission towers.
(2) All other new wireless towers within the right-of way shall be reviewed by the Highway Superintendent.
(3) All wireless collocations on all personal or public properties shall provide property owner consent and provide an engineer certificate that indicates that the collocation can handle the new service's weight load.
(4) All wireless towers located on all other personal or public properties shall provide property owner consent if not the owner and meet the following standards:
(a) Fall zone limitation (setback). The fall zone requirement for a wireless support structure shall not be larger than the area within which the structure is designed to collapse, as set forth in the engineering certification for the structure. This section supersedes any setback requirement in this chapter.
(b) All new towers shall be designed and constructed to accommodate a minimum of three service providers.
(c) Ingress and egress to the site shall only be from approved access points. Surfacing of all roadways, driveways, and off-street parking areas shall comply with the standards of this section and the Chapter 153.
(d) Wireless facilities shall be entirely enclosed by a woven wire or chain link fence of no less than six feet. Such fence may be located in the front, side or rear yard.
(e) Towers shall not be illuminated, except in accord with other state or federal regulations.
(f) No signs shall be permitted, except those displaying emergency information, owner contact information, warning or safety instructions, or signs which are required by a federal, state or local agency. Such signs shall not exceed five square feet.
(D) Non-discrimination. Among communications service providers or public utilities with respect to the following:
(1) Approving applications, issuing permits, or otherwise establishing terms and conditions for construction of wireless or wireline communications facilities.
(2) Authorizing or approving tax incentives for wireless or wireline communications facilities.
(3) Providing access to rights-of-way, infrastructure, utility poles, river and bridge crossings, and other physical assets owned or controlled by the county.
(E) To function as the authority for all purposes within the meeting of I.C. 8-1-32.3-8
, otherwise known as the Federal Telecommunications Act of 1996, as in effect on July 1, 2015, unless considered a special exception or use variance. At such time, the Zoning Administrator shall exercise the authority to review applications for completeness before being heard before the Board of Zoning Appeals.
(Ord. 2009-04, passed 7-6-2009; Ord. 2015-16, passed 10-19-2015; Ord. 2020-14, passed 11-16-2020)