The following requirements apply to all WCF, satellite dishes, antennas, antenna array, and support structures (collectively, “WCF”), that are erected or placed within the town jurisdictional area after the effective date of this subchapter.
(A) For each application, the property owner(s), WCF owner(s), and wireless communications service provider(s) shall be considered co-applicants and shall be jointly and severally subject to the provisions of this chapter.
(B) Each permit application for placement of a WCF shall be accompanied by the following:
(1) Application form. Applicants for a WCF site plan review are required to supply to the Department of Planning Office a completed application form, which includes original signatures and addresses of all applicants, including the property owners(s), WCF owners, and wireless communication service provider(s); the application fee; and the following items: the address and legal description (plan number, block and lot as shown on the tax notice) of the proposed physical location of the WCF, three copies of a site plan, showing: size of property, size and location of all buildings, size and location of the WCF, distance from WCF to property lines and proposed height of the WCF. In the case of rooftop installations or installations where the WCF is attached to a building, a construction plan should be included with the application. The application form will be reviewed before issuing the permit. The Director of Planning Services will review the application according to Ellettsville Municipal Code. If approved, a development permit will be issued.
(2) Written approval. A written approval or written statement of no objection from all relevant federal and state agencies including, but not limited to, the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the U.S. Environmental Protection Agency (EPA), and the Indiana Department of Environmental Management (IDEM).
(C) In the case of a new tower structure, the applicant must submit evidence demonstrating that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence may consist of any of the following:
(1) There are no existing towers or structures meeting the applicant’s engineering requirements within the geographic area the antenna is intended to serve.
(2) Existing towers or structures do not have sufficient height and/or structural strength to meet the applicant’s engineering requirements.
(3) A financial analysis that documents the fees, costs, or contractual provisions required by the owner in order to co-locate, or to adapt an existing tower to make it suitable for co-location, exceed the costs of new tower development. Such analysis shall include written lease/cost quotes or estimates from the tower owner.
(4) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(D) In the case of a new tower structure, the applicant must submit a notarized letter of intent either:
(1) Committing the antenna tower owners or lessees, on behalf of themselves and their successors in interest, that the antenna tower shall be shared with additional users if the additional users(s) agrees to meet reasonable terms and conditions of shared use; or
(2) Stating the reasons why the new structure cannot or will not be shared with additional users in the future.
(E) The applicant must provide a certification by a qualified and licensed professional engineer that the design of the antenna support tower conforms to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronic Industry Association. Such certification must take into account any existing or proposed future users of the antenna tower structure.
(F) Commercial wireless communications service providers shall provide documentation that proposed communications facilities comply with the latest applicable federal and state environmental, health, and safety standards, including those established by the Federal Communications Commission on Radio Frequency Emissions (REF) and exposure thereto.
(G) Visual impact analysis. In the case of a new tower, or where an existing structure is being enlarged in size, a visual impact analysis shall be prepared and certified by a qualified professional engineer or architect. Such analysis shall include the following information:
(1) Identification of significant existing natural and manmade features adjacent to the proposed tower location, indicating those features that will provide buffering for adjacent properties and rights-of-way;
(2) Identification of at least three specific points within a two thousand foot radius of the proposed tower from which the line of sight analysis is presented. The exact number and location of these points shall be determined in coordination with staff prior to the preparation and completion of the analysis. Applicant shall then prepare a graphic illustration of the visual impact of the proposed tower, at a scale that does not exceed five degrees of horizontal distance, presented from the specific points identified. Such graphic illustration shall be a computer enhanced photograph with the computer-generated tower image depicted to an accurate scale; the photograph shall include text indicating from where the photograph was taken, and how many feet from the proposed tower site;
(3) A statement as to the potential visual and aesthetic impacts of the proposed tower on all adjacent properties. Such statement shall provide specific explanation as to the feasibility of camouflage given the needed height and design of the tower; and
(4) Such other additional information as maybe required by the Department of Planning Office staff to fully review and evaluate the potential impact.
(H) Placement. Towers may not be located in the street setback, except under the following circumstances:
(1) To allow the integration of the communications facility into an existing or proposed structure such as a church steeple, light standard, power line support, flagpole, or similar structure.
(2) Communications facilities may be placed within a yard abutting a local street if the site has multiple street frontages, and if there are physical constraints to placing the facility in the side or rear yard.
(I) Setback requirements. All communications facilities must comply with the following setback requirements:
(1) Major and minor towers shall be set back from lot lines and roadway centerlines a minimum of the applicable district setback requirements of Table 31-1 plus an additional number of setback feet based on the height of the tower multiplied by the largest of the applicable “increment values” established in Table 31-1. In all cases, the minimum setback shall be based on the largest or most stringent applicable setback increment value;
(2) Attached communications facilities shall comply with the structure setback requirements of the zoning district in which they are located; and
(3) Equipment enclosures shall comply with the setback requirements of the zoning district in which they are located.
(J) Setback from street. No antenna or its support structure shall be erected or maintained closer to any street than the wall of the principal building to which it is accessory that is nearest to such street.
(K) Setback from adjacent buildings. No antenna or its support structure shall be located in any required side yard or nearer than one-half of the height of the antenna and support structure to any habitable building on any adjacent property.
(L) No antenna shall be erected, constructed, maintained or operated on an easement.
(M) In the event that a usable signal cannot be obtained by locating a satellite dish in locations permitted by this chapter, the zoning board of appeals may grant a variance to allow the placement of a satellite dish in any location except a front yard.
(N) A final inspection is mandatory under the building permit process. Applicants are required to contact the Department of Planning Office to arrange an inspection once the work is completed.
(O) The Director of Planning Services or the Plan Department may require applicants to screen off or use landscaping to minimize the visual impact of the facility.
(Ord. 03-05, § 831-20, passed 5-27-2003; Am. Ord. 10-09, passed 6-14-2010)