§ 156.296 DEVELOPMENTAL PROVISIONS AND REQUIREMENTS.
   New wireless facilities and wireless support structures shall meet the following developmental provisions and requirements.
   (A)   Overall maximum antenna and wireless support structure height: 44 feet from grade or equal to or less than the height of existing streetlights or traffic signals structures, whichever is greater, located on the same street for which the wireless facility is proposed within a 600 foot radius.
   (B)   Minimum separation: No other wireless support structure shall be located within 1,000 foot radius of any other support structure primarily used for telecommunications.
   (C)   Support structures shall be metal or fiberglass poles. The color shall be black or any other color and finish determined by the City Board of Public Works that is similar to the color and finish of the streetlights within the same block. Any antenna equipment mounted to the support structures (antenna or other permitted equipment) shall also be matching in color to the support structure.
   (D)   (1)   All facility equipment at a single facility, with the exception of the antenna itself, shall be ground mounted in a cabinet having an area not to exceed 17 cubic feet and no greater than 48 inches overall height.
      (2)   A pole mounted cabinet with dimensions not exceeding 20 inches by 20 inches by six inches including or excluding a corresponding ground mounted cabinet not to exceed two feet by two feet by one foot may be approved as an alternative by the Board of Public Works.
      (3)   The Board of Public may also approved minor adjustments of these dimensions but not greater than a 25% difference as long as these adjustment do not cause any conflict with public safety, access, or visual clearance.
   (E)   All support structures shall have a plaque identifying the structure, the owner, and the owner’s contact information, said plaque shall not exceed 0.25 square feet. All support structures shall have all public safety/warning signs as required by law, OSHA, State Building Code, and/or National Electrical Code. No other signs are permitted.
   (F)   All wiring and fiber shall be concealed within the support structure and all conduit, wiring, and fiber shall be buried between structures and/or structures and ground mounted cabinets. All service lines (e.g. electric lines) to the support structure shall also be buried.
   (G)   Where practical, landscaping shall be provided to mitigate the visual impact of the ground mounted equipment.
   (H)   No wireless facility or wireless support structure may be located or constructed in a manner that would unreasonably interfere with the use of city property or the public right-of-way by the city, by the general public, or by other persons authorized to use or be present in or upon the public right-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic or parking on city property or within the public right-of-way, interference with public utilities, interference with visibility along the public right-of-way, and such other activities that would present a hazard to public health, safety, or welfare when alternative locations or methods of construction would result in less disruption.
   (I)   Wireless facilities shall be setback:
      (1)   Fifteen feet (4.572 m.) from the intersection of the nearest right-of-way lines (street and/or alley);
      (2)   Fifteen feet (4.572 m.) from the intersection of a drive-way curb cut and a right-of-way line; and
      (3)   Two feet (0.61 m.) from the back of curb to the side of the wireless support structure facing the back of the curb.
   (J)   Wireless facilities shall comply with the Americans with Disabilities Act (ADA), being 42 U.S.C. §§ 12101 et seq., not impede handicapped accessibility, and not be located in a required ADA path of travel.
   (K)   Continued operation: An applicant receiving a permit for a new construction of a new wireless support structure; substantial modification of a wireless support structure; or collocation of wireless facilities on an existing structure inherently agrees that if the wireless support structure or wireless facilities are not used for a period of six consecutive months, they will be removed by the facilities owner at its expense. Should such owner fail to remove the wireless support structure or wireless facilities after 30 business days from the date a notice of violation is issued by the city, the city may remove such structure or facilities and bill the owner for the costs of removal and cleanup of the site. The owner of any facility shall annually file a copy of any inspections completed on such wireless support structure or wireless facilities with the permit authority for continued operation and use of the wireless support structure or wireless facilities.
   (L) Confidential information. All confidential information submitted by an applicant shall be maintained to the extent authorized by I.C. 5-14-3 et seq.
(Res. 02-2017, passed 1-17-2017; Ord. 17-0001, passed 2-27-2017)