(A) Permitted uses. Permitted uses include:
(1) Co-location. Placement of an antenna array if located on:
(a) A legal existing or previously approved WCF;
(b) A previously constructed broadcast tower; or
(c) An existing communications tower where the engineering specifications of the tower(s) permit and no increase in the height of the tower is required.
(2) Attached WCF. Placement of an antenna array if integrated with/within another existing structure (i.e. a building facade, church steeple, water tower) and no more than a 15 feet increase in the height of the existing structure is required.
(3) Replacement. Replacement of a legal, existing WCF, support structure, or antenna array with a similar facility of an equal or smaller size, subject to the application procedures, general requirements and abandonment provisions of this subchapter.
(B) Conditional uses.
(1) Conditional use approval shall be required for the following: Placement of a WCF in the following zoning districts: A-1, I-1 and I-2; provided that the proposed WCF would be set back from the front property line a distance of at least 200 feet, and from the side and rear property lines a distance of at least 200 feet adjoining a non-residential area and at least 500 feet adjoining a residential area. Construction shall be of a monopole design with a maximum permitted height of 199 feet, except that no WCF shall be permitted at a height which would require illumination.
(2) Pursuant to I.C. 36-7-4-923 through 36-7-4-924, as amended, the Ellettsville Plan Commission is appointing itself as the hearing officer to consider the granting of conditional uses under this subchapter.
(C) Exemptions. The following WCF are exempt from the provisions of this subchapter: police, fire, ambulance and other emergency dispatch; amateur (HAM) radio; antennas used solely for residential household television and radio reception and satellite dishes measuring two meters or less in diameter.
(D) Prohibitions. WCF not expressly permitted under divisions (A) or (B) above, or not exempted under division (C) above, are prohibited.
(E) Conditions of approval. The following conditions apply to all permitted and conditional uses:
(1) All WCF and support structures shall be designed for, and constructed in accordance with, provisions for co-location (defined by § 152.240);
(2) Applicants and/or petitioners agree to make a good faith effort on terms consistent with any applicable national agreement or on terms common to the region, to accommodate requests for co-location that originate from a provider, from the WCF owner, or from the town;
(3) Property owners and/or agents shall accept and accommodate the provisions for co-location prescribed by this chapter, and shall agree to the renting or leasing of space on a support structure or WCF, for co-location, at fair market prices and terms without discrimination.
(4) No approval for a WCF or support structure shall become valid until written authorization or a written statement of no objection from all relevant federal, state or local agencies with regulatory authority has been submitted to the Plan Commission.
(5) The applicant must submit evidence that the proposed antenna will not cause electromagnetic (EMF) interference with the antenna on the existing towers or structures, or vice versa.
(Ord. 03-05, § 831-15, passed 5-27-2003; Am. Ord. 10-09, passed 6-14-2010)