(A) All communications facilities shall comply with the following regulations as shown by the submittal of necessary documentation and/or inclusion on a site plan or the making of written promises. No building permit shall be issued until complete compliance is demonstrated.
(1) Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower.
(2) Signs and advertising. The use of any portion of a communications facility for signs other than warning or equipment information signs is prohibited.
(3) Abandoned or unused towers or portions of towers. Abandoned or unused communications facilities shall be removed within 120 days from the date of ceasing operations. A copy of the notice to the Federal Communications Commission of intent to cease operations of subject facility shall be submitted to the Town of Kouts. If the lot or parcel for the facility is leased, a copy of the relevant portions of a signed lease which requires the removal of the communications facility upon cessation of operations at the site shall be submitted at the time of application for a building permit.
(4) Antenna capacity/wind load. Communi- cations facilities shall be certified by a qualified and licensed professional engineer in the State of Indiana to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronic Industry Association.
(5) Radio-frequency emissions (RF). Documentation of the proposed communications facility will comply with the latest health and safety standards established by the Federal Communications Commission on RF emissions and exposures.
(6) Liability insurance. Proof of adequate liability insurance shall be filed with the Town of Kouts annually.
(7) Tower color. The color of the proposed tower will be of a light tone or color (except as required by the FAA) so as to minimize visual impact.
(8) Communications facility report. A report shall be submitted to the town describing the type of proposed communications facility, its effective range and the technical reasons for its design and placement. If the proposed communications facility cannot be accommodated on an existing or approved facility within a one mile search radius of the proposed site, the report shall specify the reasons and conditions along with supporting proof. In an effort to promote long-range planning to minimize the number of towers and their impact on the community, providers of commercial wireless communications service shall include a plan delineating existing and any proposed and/or anticipated facilities within Porter County.
(9) Visual impact statement. A statement and visual material (for example, a plan, pictures and the like) indicating where within a one mile radius any portion of the proposed facility can be seen from ground level.
(10) Bond. All applicants will furnish a surety bond or make an equivalent cash deposit in an amount to be determined by the Building Commissioner to be necessary to remove an abandoned facility in the event the persons responsible for such removal default.
(B) All major and minor communications facilities shall comply with the following regulations as shown by the submittal of necessary documentation and/or inclusion on a site plan. No building permit shall be issued until complete compliance is demonstrated.
(1) Placement. Towers shall be sited within the rear yard unless located on a vacant lot or parcel.
(2) Setbacks. Minimum setback require- ments for communications facilities shall be based on the following, provided setbacks are not less than the requirements of the underlay or overlay zone:
(a) Monopole type towers shall provide a minimum setback of the tower designed fail area plus 10% of the tower height;
(b) Guyed and lattice type towers shall provide a minimum setback of the tower designed fail area plus 25% of the tower height;
(c) Towers sited on a lot or parcel which borders on a residential and/or commercial district, shall provide a minimum setback of 150% of the tower height from said residential district and 75% of the tower height from said commercial district unless subsection (a) or (b) above is greater;
(d) Communications ancillary buildings shall comply with setback requirements as established under each zoning district.
(3) Screening. The lowest ten feet of a communications ancillary building and tower shall be visually screened on a year-round basis with suitable vegetation and/or nearby buildings. The scale and nature of vegetation shall be of sufficient density to conform with the above requirements within three years, as determined by the Kouts Department of Parks and Recreation.
(4) Security fence. Ground ancillary buildings and towers shall have a security fence erected within the visually screened area.
(5) Co-locution agreement. A proposal for a new communications tower shall be designed structurally, electrically and in all respects to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height and for at least one additional user if the tower is over 60 feet in height. The tower owner shall allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. The conditions and terms for shared use shall be submitted to the Town of Kouts. If the land for the tower is leased, a copy of the relevant portions of a signed lease allowing the tower owner to add additional users and associated facilities on the tower shall be submitted at the time of application to the town for tower erection.
(`77 Code, § 67.08) (Am. Ord. 1999-1, passed 1-21-99)