(A) Intent to provide for wireless communication services. It is the intent of this chapter to allow communication and other similar towers to serve the ever changing technology in the field of personal and business communications for wireless communications as defined in the Telecommunications Act of 1996 which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. The term TOWER shall include all communication towers, other wireless communication antenna support structures, antennas, buildings/facilities and any similar structures necessary for the provision of wireless communication services.
(B) Policy of collocation of antenna and antenna arrays on existing structures. It is the policy of the town to encourage the collocation of antenna and antenna arrays on existing towers, either privately owned or owned by the town, including the existing water tower, existing communications towers and location of a new tower upon land owned by the town; specifically at the Street Department garage facility on land so designated for such purposes. Location of an antenna/antenna array and related equipment shall be permitted as a special use pursuant to the provisions of this chapter. A proposal for the location of a new tower or communication structure for the purpose of collocation of wireless communication antenna/antenna arrays and which meets the locational requirements and construction standards set forth in division (D) below, may be permitted as a special use issued by the Board of Zoning Appeals only on land owned by the town as prescribed above or as prescribed in the following divisions.
(C) Restriction upon the location of new towers unless standards are met. It is a policy of the town to prohibit the location of any additional towers or other communication support structures within the town limits unless the applicant can demonstrate to the reasonable satisfaction of the Board of Zoning Appeals that the following conditions exist and the location of the proposed tower or other communication support structure meets the locational requirements and construction standards as set forth in division (D), below:
(1) There is no existing tower or other communication support structures located within the town limits for which the applicant’s proposed antenna or antenna array can be attached which meets the applicant’s engineering requirements;
(2) There is no existing tower or other support structures located within the town having sufficient height to meet the applicant’s engineering requirements;
(3) There is no existing tower or other support structures located within the town having sufficient structural strength to support the applicant’s proposed antenna or antenna array; and
(4) The applicant has demonstrated to the satisfaction of Board of Zoning Appeals that the proposed tower location and the antenna to be located thereon will not cause communication, television or radio interference.
(D) Location requirements, construction standards and other conditions. All newly constructed towers, communication support structures and any related equipment shall conform to the following locational requirements, construction standards and other conditions as follows:
(1) Towers, not otherwise permitted in this section, shall be allowed as a special use in a residential or commercial district;
(2) The minimum zoning lot size shall be 1/4 acre of land area;
(3) The base of the tower or other communication structure shall be of the self-supporting type and not be of the construction which requires cable support of any kind;
(4) The tower must be set back from all property lines a distance equal to its height, unless engineering plans and specifications have been verified by an Indiana Registered Structural Engineer, designated by the Building Commissioner, that the structural integrity of the tower will withstand the maximum high wind velocity for the area, as reported by a nationally recognized weather service or Town Building Code specifications, and associated impacts, and the likelihood of a tower failure is minimal;
(5) Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to any property line than 40 feet;
(6) Accessory structures shall not exceed 100 square feet of gross building area;
(7) All other requirements of the zoning district in which the tower is located shall be enforced;
(8) Security to prevent unauthorized access shall be provided for all fence and building enclosures. A written agreement with the Fire Department concerning access for fire safety shall be provided to the town prior to the approval of the special use;
(9) Engineering plans and specifications for the tower, prepared by an Indiana Registered Structural Engineer designated by the Building Commissioner specializing in structural engineering, shall be provided with the application for the special use;
(10) Engineering plans and specifications for the tower mounting foundation and the foundation for any structure shall be prepared by an Indiana Registered Structural Engineer designated by the Building Commission. These shall accompany the application for the special use and shall include soil boring information for the site of the tower mounting foundation and any other foundation in excess of four feet in depth. Soil conditions must be determined suitable for the tower mount foundation by a qualified independent soil engineer chosen by the designated Indiana Registered Structural Engineer, designated by the Building Commissioner;
(11) The applicant shall provide inspection and verification that the installation of the tower, mount and foundation have been installed in compliance with the plans and specifications and all applicable codes and standards. The design engineer shall provide to the Building Commissioner a certification that the construction of the tower complies with the design specifications. Inspections and verification procedures shall be subject to approval of the Building Commissioner;
(12) All towers shall meet the standards of the Federal Aviation Administration, Federal Communications Commission and any other applicable regulatory State of Indiana, Federal agency, LaPorte County and/or Town of Long Beach;
(13) Communication towers in excess of 100 feet in height above grade level shall conform with Federal Aviation Administration requirements;
(14) No part of any tower shall be constructed, located or maintained at any time, permanently or temporarily, on or upon any required setback area for the district in which the tower will be located. In no case shall a tower be located within 40 feet of a property line;
(15) Metal towers shall be constructed of, or treated with, corrosive resistant material acceptable to the Indiana Registered Structural Engineer, designated by the Building Commissioner;
(16) Towers shall be grounded for protection against a direct strike by lighting and shall comply as to electrical wiring and connections with all applicable local statutes, regulations and standards;
(17) All attachments to any tower shall be designed to withstand the maximum uniform wind loading as prescribed in the Town Building Code;
(18) All signals and remote control conductors extending substantially horizontally above the ground between the tower and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground;
(19) Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned or leased by the applicant, including fire safety equipment;
(20) The base of the tower shall occupy no more than 500 square feet of area;
(21) Minimum spacing between tower locations shall be 1/2 mile in order to prevent a concentration of towers in one area;
(22) Height of the tower shall not exceed 300 feet and no tower located within 500 feet of any residential district shall exceed 175 feet in height from grade;
(23) Towers shall not be illuminated unless required by the Federal Aviation Administration;
(24) Existing on-site vegetation shall be preserved to the maximum extent possible;
(25) There shall not be displayed advertising or identification of any kind intended to be visible from the ground mounted on the tower or other structures, except for emergency purposes;
(26) Any attachments to the tower shall be painted to match the exterior treatment of the tower. The chosen paint scheme should be designed to minimize off-site visibility of the tower as determined by the Building Commissioner;
(27) All structures shall be subject to any local, state and federal regulations concerning non- ionizing electromagnetic radiation. If more restrictive local, state or federal standards are adopted in the future, the tower shall be made to conform to the extent required by such standards or the special use approval will be subject to revocation. Costs for testing and verification of compliance shall be borne by the owner of the tower;
(28) There shall be no employees located on the site on a permanent basis to service or maintain the tower or attachments, unless specifically approved as part of the special use approval. Occasional or temporary repair and service activities are excluded from this restriction;
(29) All parking and drive areas must be paved with material meeting the standards of the zoning district; and
(30) A vegetative buffer shall be required where the property adjoins any residentially zoned property or land use. The tower owner shall plant and maintain two alternating rows of evergreen trees with a minimum height of five feet on 20-foot centers along the entire perimeter, and 20 feet beyond but not further than the property line, of the tower and structure, to provide a visual sight barrier from the adjoining residential zoned properties and the tower and structures. In no case shall the evergreens be any closer than ten feet to the tower or structure.
(a) The tower shall be removed by the property owner or property lessee within six months of being abandoned.
(b) Notice of the abandonment of the tower shall be provided to the town 90 days prior to abandonment.
(c) The applicant shall be responsible for the payment of all costs associated with the town review of the application for the special use and any required plan review or construction inspection, whether or not a special use permit is granted.
(Ord. 0203, passed 6-10-02; Am. Ord. 1002, passed 6-14-10) Penalty, see § 154.999