(A) Definitions. As used in this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. Any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.
BASE STATION. A station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transreceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.
COLLOCATION. The placement or installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement or modification of wireless facilities within an approved equipment compound.
EXISTING STRUCTURE. Does not include a utility pole or an electrical transmission tower.
SMALL CELL FACILITY.
(a) A personal wireless service facility, as defined by the Federal Telecommunications Act of 1996 as in effect July 1, 2015; or
(b) A wireless service facility that satisfies the following requirements:
1. Each antenna, including exposed elements, has a volume of three cubic feet or less;
2. All antennas, including exposed elements, have a total volume of six cubic feet or less;
3. The primary equipment enclosure located with the facility has a volume of seventeen cubic feet or less.
For purposes of this definition, the volume of the primary equipment enclosure does not include the following equipment that is located outside the primary equipment enclosure: electric meters, concealment equipment, telecommunications demarcation boxes, ground based enclosures, backup power systems, ground equipment, power transfer switches or cutoff switches.
SMALL CELL NETWORK. A collection of interrelated small cell facilities designed to deliver wireless service.
SUBSTANTIAL MODIFICATION OF A WIRELESS SUPPORT STRUCTURE. The mounting of a wireless facility on a wireless support structure in a manner that:
(a) Increases the height of the wireless support structure by the greater of:
1. 10% of the original height of the wireless support structure; or
2. 20 feet;
(b) Adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure the greater of:
1. 20 feet; or
2. The width of the wireless support structure at the location of the appurtenance; or
(c) Increases the square footage of the equipment compound in which the wireless facility is located by more than 2,500 square feet.
The term does not include increasing the height of a wireless support structure to avoid interfering with an existing antenna, increasing the diameter or area of a wireless support structure to either shelter the antenna from inclement weather or connect an antenna to the wireless support structure by cable.
UTILITY POLE. A structure that is owned or operated by a public utility, a communications service provider, a municipality, an electric membership corporation or rural electric cooperative and is designed and used to carry lines, cables, or wires for telephony, cable television, or electricity or provide lighting. This term does not include a wireless support structure or an electrical transmission tower.
WIRELESS FACILITY. A set of equipment and network components necessary to provide wireless communications service. This term does not include a wireless support structure.
WIRELESS SUPPORT STRUCTURE. A freestanding structure designed to support wireless facilities. This term does not include a utility pole or an electrical transmission tower.
(B) Permit required. Any person or entity seeking to construct, place, or use a small cell facility or facilities must obtain from the city a Telecommunications Facility Permit.
(C) Zoning Code exemption. The placement of a small cell facility and the associated supporting structure in the public right-of-way is considered a permitted use and is exempt from local zoning review if the total height of the structure supporting the small cell facility does not exceed the greater of:
(1) 50 feet measured from grade; or
(2) The height of any utility pole in place on July 1, 2017, and within 500 feet of the proposed small cell facility, plus ten feet.
(D) Contents of application for permit. The application for a permit under this section includes the following information:
(1) The name, business address and point of contact of the applicant;
(2) The location of the proposed or affected wireless support structure or wireless facility;
(3) A construction plan that describes the proposed wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment;
(4) With respect to an application for the construction, placement, or use of a small cell facility and the associated supporting structure at a location where a supporting structure does not exist, the city may propose, as an alternative location for the proposed small cell facility, that the small cell facility be collocated on an existing utility pole or on an existing wireless support structure, if the existing utility pole or the existing wireless support structure is located within 50 feet of the location proposed in the application. The applicant shall use the alternative location proposed by the permit authority if:
(a) The applicant's right to use the alternative location is subject to reasonable terms and conditions; and
(b) The alternative location will not result in technical limitations or additional costs, as determined by the applicant.
(5) Certified analysis showing that the proposed small cell facility satisfies the Federal Communication Commission's ("FCC") radio- frequency (RF) exposure guidelines applicable on an individual basis, and on a cumulative basis (considering all frequencies, and all emitting sources as may be required by FCC regulations);
(6) If a support structure is a new structure to be placed, pole and wind loading calculations with the equipment requested to be installed;
(7) If the proposed small cell facility and wireless support structure does not meet the exemption outlined in division (C) but the city's Zoning Ordinance specifies that a special exception, special use, contingent use, or conditional use must be approved for the proposed wireless support structure in accordance with IC 36-7-4-918.2, evidence showing that the applicant complies with the criteria set forth in the Zoning Ordinance with respect to such special exception, special use, contingent use, or conditional use;
(8) If the proposed small cell facility and wireless support structure is not a permitted use under the Zoning Ordinance, evidence showing that the application complies with the criteria for a variance of use from the terms of the Zoning Ordinance in accordance with IC 36-7-4-918.4. The applicant must also submit to the procedures of obtaining a variance under the Zoning Ordinance.
(E) Consolidated applications. Applicants may apply for a single consolidated application for small cell facilities that constitute a single small cell network that are located in the city, and the city will issue a single permit for all small cell facilities included in the application rather than individual permits for each small cell facility if the applicant meets the requirements for the permit.
(F) Determination of completeness of application. Within ten days of receipt of the application by the city, the city will determine whether the application is complete. If the city determines that the application is not complete, it will provide to the applicant within this ten-day period written notice of its determination of incompleteness. This notice will contain a description of all defects in the application, including all City Code, ordinances, permit application instruction or other publicly-stated procedures that require the applicant to submit additional information. If the city does not notify the applicant within this ten-day period that the application is incomplete, the application is considered complete.
(G) Provision of additional information by applicant. If the city notifies the applicant that the application is incomplete, the applicant may either cure the defects set forth in the notice of incompleteness and resubmit the corrected application within 30 days of receiving the notice of incompleteness or notify the city that the applicant needs additional time to cure the defects.
(H) Time for permit decision. Within 60 days after making an initial determination of completeness regarding the application, the city will review the application to determine whether it complies with applicable laws and ordinances governing land use and zoning and notify the applicant in writing whether the application is approved or denied. If the applicant requested additional time to cure defects in the application, the 60-day period for the permit decision is extended for a corresponding amount of time.
(I) Permit fee. There is no permit fee, but other permit and inspection fees, such as electrical inspection fees and other fees, may apply to the project, as provided for in other provisions of the City Code.
(J) Time required to begin construction. Construction must commence not later than two years after the date the permit is granted
(K) Protection of confidential or proprietary information. The city has established guidelines to protect confidential and proprietary information disclosed in an application. Applicants must designate such information on the application or other submittals.
(L) No regulation of utility poles or electrical transmission towers. This section is not intended to regulate the installation, location, or use of wireless service facilities on utility poles or electrical transmission towers.
(Ord. 6-2019, passed 4-8-19)