(A) An applicant that provides wireless communications service, owns or otherwise makes available infrastructure for wireless communications services may apply for a utility permit to the Planning and Building Department for the following actions in the Underground and Buried Utility District:
(1) Construction of a new wireless support structure;
(2) Substantial modification of a wireless support structure;
(3) Collocation of wireless facilities on an existing structure; or
(4) Construction, placement, and use of small cell facilities.
(B) A permit is not required for the following:
(1) Routine maintenance of wireless facilities;
(2) Replacement of wireless facilities with equipment that is:
(a) Substantially similar to, or
(b) The same size or smaller than the existing; and
(3) Installation, maintenance, or replacement of micro wireless facilities that are suspended on cable(s) between existing utility poles in compliance with applicable codes by a communications service provider authorized to use public rights-of-way.
(C) An application for placement of a small cell facility and the supporting structure is exempt from local zoning review if the total height of the supporting structure does not exceed the greater of:
(1) 50 feet above grade; or
(2) The height of any utility pole in place on July 1, 2017, within 500 feet of the proposed small cell facility, plus 10 feet.
(D) The applicant shall forward an application determined complete, with supporting documentation, to the appropriate authority and obtain a certificate of appropriateness, if the proposed location is within an area:
(1) Designated as a historic preservation district under IC 36-7-11; or
(2) esignated as a historic preservation area under IC 36-7-11.1.
(E) An applicant shall demonstrate that the proposed wireless facility, wireless support structure or substantial modification thereof complies with the requirements of this subchapter.
(F) The applicant shall pay a fee in accordance with the then current and applicable building and zoning fee ordinance, as amended from time to time.
(Ord. 1269, passed 6-20-17)