§ 2.13  ELECTRONIC COMMUNICATION TOWERS.
   A.   Electronic communications towers shall be a permitted use in all the following districts:
      1.   I-2 Heavy Industrial District.
   B.   Electronic communications towers shall be a special exception in the following districts:
      1.   A-1 Agricultural District.
      2.   GB General Business District.
      3.   I-1 Light Industrial District.
      4.   In any district where the antennas are to be located upon pre-existing structures or buildings owned or operated by units of government or public utilities so long as the antennas and antenna support structures do not exceed the height or more than 100 feet from adjacent ground level.
      5.   In any district, in a non-urban area, a term associated with I.C. 36-7-4-1103, URBAN AREA is defined in the Indiana Code as follows:  all lands and lots within the corporate boundaries of a municipality, any other lands or lots used for residential purposes where there are at least eight residences within any quarter mile square area, and other lands or lots that have been or are planned for residential areas contiguous to the municipality.
   C.   Electronic communication towers shall be bound by the standards below as well as the applicable requirements of the zoning district in which they are located except where otherwise noted in subsection 2, Development Standards below.
      1.   Procedural standards.  All electronic communication towers shall meet the following requirements:
         a.   The applicant for an electronic communication tower must demonstrate that they have exhausted all efforts to locate the proposed facilities upon existing antenna support structures in the geographical area of the proposed electronic communication towers.  They must submit a plan for all their electronic communication towers throughout the jurisdictional area where the city exercises planning and zoning jurisdiction.  That plan must show efforts to minimize the size and number of antenna support structures throughout the geographical area, taking into consideration existing technology.
         b.   The placement of antennas upon existing antenna support structures may be administratively approved by the Planning Director.
         c.   In the event an antenna support structure ceases to be used, the antenna support structure shall be removed within 180 days of termination of use.
      2.   Development standards.  All electronic communication towers shall meet the following requirements:
         a.   The height of the antenna support structure shall not exceed 200 feet.  The Board may approve an increase in this height requirement subject to the submittal of FAA and FCC approvals, and as long as the tower will not unreasonably interfere with any pre-existing private airports or landing strips.
         b.   The antenna support structure shall be set back a minimum of 40 feet from the property line, unless the adjoining property is zoned or used for a residential use.  If the antenna support structure adjoins property, which is zoned or used for residential use, the setback shall not be less than the height of the support structure.
         c.   Except as required by the Federal Aviation Administration or Federal Communications Commission, the antenna support structure shall not be illuminated by any artificial means and shall not display strobe lights.
         d.   No signs or advertising shall be placed upon an antenna support structure and associated equipment, buildings or structures.
         e.   The support structure and any antenna located on the support structure must be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment.  (Unless regulated by FAA standards.)
         f.   All utility buildings and structures accessory to the antenna support structure must be architecturally designed to blend into the surrounding area.
         g.   A landscaping plan for the electronic communication tower shall be submitted with the application and shall be substantially similar to landscaping required for other uses in commercial and industrial zones.
         h.   All electronic communication towers shall be designed structurally, electrically, electronically, and in all other respects to accommodate the user's equipment and the equipment of at least two additional service providers.
         i.   A qualified and licensed engineer must approve the design of the antenna support structure and certify that it is constructed to comply with the requirements set out in paragraph (h) above.
         j.   All applications shall include a notarized letter of intent committing the antenna support structure owner or lessee on behalf of themselves and their successors in interest that the antenna support structure shall be shared with additional users if the additional user(s) agrees to meet reasonable terms and conditions of shared use.
         k.   No transmissions from an electronic communication tower shall interfere with any existing public safety communications.
      3.   Limitations on zoning authority.
         a.   The Board of Zoning Appeals in consideration of the special exception shall not consider any evidence or base a denial of the location of an electronic communication tower on any evidence concerning adverse environmental or health effects of radio frequency emissions so long as those emissions meet the standards of the Federal Communications Commission.
         b.   Nothing herein shall be construed as a prohibition of the location of electronic communication towers within the planning jurisdiction of the city.
         c.   Nothing herein shall be construed or applied to unreasonably discriminate between providers of functionally equivalent service, or services, which compete one against the other for various wireless communication services.
(1980 Code, Ch. 156, § 2.13)  (Ord. 2001-22, passed 12-27-2001)