(A) In addition to all other limitations and provisions contained in this title and this chapter, all SU-15 special uses shall be subject to the following requirements :
(1) No identifying or business sign shall be erected or placed on any site for which an SU-15 has been granted by the Municipal Planning Commission.
(2) Except for the shipment and receipt of goods, products or items necessary for the SU-15 shall not be visible from the exterior of the premises.
(3) The maximum time for which the first SU-15 may be granted is 2 years from the date of approval; thereafter, a subsequent grant of a SU-15 for the same parcel of property for the same use shall be for such length as requested and approved by the Municipal Planning Commission.
(4) No person or persons may be employed in the SU-15 home occupation at the site other than the resident (or residents) of the site for which the SU-15 has been granted.
(5) The use may not be varied from the specific home occupation identified by the applicant for which it is granted.
(B) In addition to all other limitations and provisions contained in this title for the town and this chapter, all SU-16 special uses shall be subject to the following requirements:
(1) Not be located within 1,000 feet of any property zoned, or currently used, for any residential use;
(2) Not be located within 1,000 feet of any property zoned, or currently used, for religious purposes (SU-02);
(3) Not be located within 1,000 feet of any public or private recreational facility (SU-05 or SU-08);
(4) Not be located within 1,000 feet of any public or private school (SU-01);
(5) Not be located within 1,000 feet of a resident occupied and operated pre-school, child day care facility, adult day care facility (SU-06);
(6) Not be located within 500 feet of a special use SU-16 facility. However, more than 1 special use SU-16 may be located on the same parcel of property so long as it meets the other provisions of this section and the other provisions of this title;
(7) The applicant shall have certified all distance measurements by a licensed land surveyor registered in the State of Indiana who shall certify that there are no residential properties, religious institutions, town park, school or other special use SU-16 not located on the same property.
(8) In addition to all other procedures listed above, the applicant for a SU-16 designation shall send notice as called for in § 175.10(B), Time Limits, to not only the abutting property owners, but the applicant shall send notice by certified mail, return receipt requested, to all property owners located within 1,000 feet of the property subject to the petition for special use SU-16. A list of such property owners shall be given to the Municipal Planning Commission at the time of filing the petition for special SU-16 designation. Should the applicant fail to comply with the notice requirement herein, before the second regular meeting of the Municipal Planning Commission following the date the petition was filed, the petition shall be withdrawn by the Municipal Planning Commission.
(9) In addition to all the other limitations and provisions in this title, special use SU-16 shall be limited as follows:
(a) No identifying or business sign with letters, pictures, numbers or symbols with a size greater than 1 foot in vertical height shall be erected or placed on any site for which a special use SU-16 designation has been granted by the Municipal Planning Commission.
(b) Except for the shipment or receipt of goods, product or items used in the operation of businesses with special use SU-16 designation shall not be visible from the exterior of the premises at any time.
(C) In addition to all other limitations and provisions contained in this title and this chapter, all SU-17 special uses shall be subject to the following requirements:
(1) The applicant must submit a commercial site plan meeting the requirements for review by the Municipal Planning Commission, including a surveyor certification of the exact location of the proposed tower from property lines; center lines of abutting streets or right-of-way; distance to the nearest residential district or zone, residence or recorded residential subdivision.
(2) Structural plans including elevation and plan views showing height above grade level and dimensions are required in addition to the site plan.
(3) Information regarding the number of antennas that the proposed new tower or structure is designed to or can safely accommodate.
(4) Evidence demonstrating that no existing tower or structure can accommodate the applicant’s proposed antenna or tower, either because there are no existing towers or structures meeting the applicant’s engineering requirements within the geographic area, evidence that such structures do not have sufficient height or structural strength to meet the applicant’s engineering requirements. This division (C)(4) shall not be interpreted to mandate, but encourage co-location.
(5) The setback requirements from any residential dwelling property or undeveloped residential district(s) or zone or recorded residential subdivision(s) shall be a distance of 2 feet for each foot of height of the tower or 300 feet, whichever is greater.
(6) Wireless communication facilities that include towers are not permitted in residential districts or zones. However, in these districts, commercial telecommunication antennas attached to existing buildings or structures are permitted on any property with a commercial use or an institutional use such as a church, park, library, government, school hospital, utility or similar use. Commercial antennas mounted on roof-tops, walls and existing structures may be approved by the Municipal Planning Commission, providing the antennas meet the requirements of the district or zone in which they are located and do not exceed the building height by more than 20 feet.
(7) The use of a wireless telecommunications facility by more than 1 telecommunications provider (co-location) is encouraged, and when new towers or antennas are necessary, construction should accommodate multiple users. Co-location of antennas on a single tower antenna attached to existing structures or buildings, or replacement towers to be constructed at the site of a current tower are permitted uses and will not be subject to the special use permitting process.
(8) Each operator of a telecommunications facility must send to the Municipal Planning Commission a copy of any notice sent to the FFC of intention to cease operations. All abandoned or unused towers and associated facilities shall be removed within 6 months of the cessation of operations at the site unless a time extension is approved by the Municipal Planning Commission. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower or associated facilities upon cessation of operations at the site shall be submitted prior to the issuance of the required improvement location permit, shall be incorporated as part of the permit, and permit approval shall be conditioned upon removal of the structure(s) within 6 months after the cessation of use. In the event that the tower is not is not removed within 6 months of the cessation of operations at a site, the tower and associated facilities may be removed by the town with the costs of such removal assessed against the property and/or the applicant for the SU-17 use.
(D) The distances and measurements provided in this section shall be measured by following a straight line, without regard to intervening buildings, structures or other obstacles from the nearest point or the property upon which the proposed use is to be located, to the nearest point of the property or land use district boundary line from which the proposed land is to be separated.
(Ord. 2017-02, passed 2-20-201)