(A) These telecommunication facility standards apply to the following districts: AG, R1, R2. R3, R4, MH, PB, B1, B2, TC, LI and HI. The purpose of this section is to allow for the provision of adequate reliable public and private telecommunication service and to maximize the use of any transmission tower and tower site in order to reduce the total number of towers and locations needed to serve the telecommunications needs of the area; to minimize adverse, undesirable visual effects of towers through careful design, siting, and vegetative screening. All wireless telecommunication facilities shall meet the following provisions:
(1) Required approvals. The placement of telecommunications facilities shall meet the following approval requirements as detailed in this section:
(a) The installation of new antenna on existing towers, including legal non-conforming towers, and existing alternative structures (such as water towers, buildings, or church steeples) may be approved by the Planning Director subject to conformance with all applicable requirements of this chapter.
(b) The installation of new accessory structures to support the installation of antenna on existing towers or alternative structures may be approved by the Planning Director subject to conformance with the applicable requirements of this chapter.
(c) The installation of new towers shall be approved either by the Planning Director as a permitted use or by the Board of Zoning Appeals as a special use consistent with the provisions of this section.
(2) Determination of tower need. Any proposal for a new telecommunications tower shall only be approved if the applicant submits verification that the antennas planned for the proposed tower cannot be accommodated on any existing or approved towers or structures within a three-mile radius of the proposed tower location due to one or more of the following reasons:
(a) The antennas would exceed the structural capacity of the existing or approved tower or structure as documented by a qualified and licensed professional engineer, and the existing or approved
tower, building or structure cannot be reinforced, modified, or replaced to accommodate the antennas at a reasonable cost.
(b) The antennas would cause interference impacting the usability of other existing or planned equipment at the tower site. Supportive documentation by a qualified and licensed professional engineer indicating that the interference cannot be prevented at a reasonable cost must be provided.
(c) The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
(d) Other unforeseen reasons make it unfeasible or impossible to locate the planned telecommunications equipment upon an existing or approved tower or structure as certified and documented by a qualified and licensed professional engineer.
(e) The owner or operator of the antenna is unable to enter a commonly reasonable lease term with the existing tower owner or land owner.
(f) Additional land area is not available.
(3) Design requirements. All telecommunications facilities shall meet the following design requirements:
(a) Towers and antennas should generally be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment, except in an instance where the color is dictated by federal or state authorities such as the Federal Aviation Administration.
(b) Wireless telecommunication service towers less than 131 feet tall should generally be of a monopole design and, when located within or adjacent to an environmentally, aesthetically sensitive area or a residential district, designed in such a way as to architecturally camouflage the wireless telecommunication service tower as much as reasonably practical to blend into the surroundings.
(c) The use of contextually compatible materials such as wood, brick, or stucco is required for associated support structures, which shall be designed to architecturally match the exterior of any adjacent residential or commercial structures within the neighborhood or area. Only if the facility will be 100% screened, as determined by the Planning Director, during all seasons may other materials be used.
(d) Only when lighting is for safety or security reasons or required by the Federal Aviation Administration or other federal or state authority will it be permitted. All ground level security lighting shall be oriented inward so as not to project onto surrounding properties, and shall have 90 degree cut-off luminaries (shielded downlighting).
(e) Any proposed telecommunication tower shall be designed, and engineered structurally, electrically and in all other respects to accommodate both the applicant's equipment and at least one additional user for every 50 feet in total tower height in excess of 75 feet.
1. Each additional user shall be assumed to have an antenna loading equal to that of the initial user.
2. Towers must be designed to allow for future rearrangement of antennas upon the tower and accept antennas mounted at varying heights.
(f) No tower, including an attached antenna, shall exceed 199 feet in height. No accessory structure shall exceed 15 feet in height.
(4) Site requirements. All telecommunications facilities shall meet the following site requirements:
(a) All telecommunications facilities shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance and emergencies.
(b) Vehicular access to the tower and equipment building shall, whenever feasible, be provided along existing driveways.
(c) The lot where the tower is located (or lease area) shall be large enough to accommodate all future anticipated accessory structures needed by future antenna users. The size of the site shall also be of sufficient area to allow the location of two additional towers and associated support facilities. At a minimum, the width and depth of the tower site shall be 50 feet greater than a distance equal to the tower height.
(d) No part of any wireless telecommunications facility nor any lines, cables, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.
(e) An eight-foot high security fence shall completely surround the tower and equipment building site. An area ten feet in width may remain outside of the fence for the purpose of providing the landscape screening described in division (4)(f) below.
(f) Evergreen buffer plantings shall be located around the outermost perimeter of the security fence of all wireless telecommunications facilities, including any guy wires and anchors.
1. If evergreen hedges are used they shall be a minimum of five feet tall at the time of planting and planted a maximum of three feet on center.
2. If evergreen trees are used they shall be a minimum of six feet tall at the time of planting and planted a maximum of ten feet on center.
3. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(5) Construction requirements. All antennas, tower and accessory structures constructed within the town jurisdiction, shall comply with the following construction requirements:
(a) All applicable provisions of the Building Code of the State of Indiana and the Federal Communications Commission.
(b) Towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Indiana Building Code.
(c) Towers and antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.
(d) Towers shall be constructed to conform with the requirements of Occupational Safety and Health Administration.
(e) An engineer's certification shall be submitted to document and verify the design specifications including but not limited to, the foundation for the tower, anchors for the guy wires if used, co-location, and strength requirements for natural forces; ice, wind, earth movements, etc.
(f) All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower, antenna and a structure, or between towers, shall be at least ten feet above the ground at all points, unless buried underground.
(g) Towers and antennas shall be designed and constructed, at a minimum, to withstand wind gusts of at least 80 miles per hour with one-half inch of ice, also accommodating any co-location requirements.
(6) Existing facilities. The following shall apply to existing antennas and towers:
(a) Existing towers may continue in use for their current purpose but may not be replaced or structurally altered without complying in all respects to the requirements in this chapter.
(b) Any request submitted to the Plan Commission to install an antenna to be located on an existing approved or grandfathered tower will only require an improvement location permit and a copy of the contract between the applicant company and the owner of the tower.
(c) If such towers are damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former location, and physical dimensions upon obtaining an improvement location permit. However, if the cost of repairing the tower to the former use, physical dimensions, and location would be 10% more than the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with all requirements in this chapter.
(7) Inspection. All towers may be inspected periodically by an official of the town and/or a qualified and licensed engineer to determine compliance with the original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this chapter.
(8) Removal. Any tower unused or left abandoned for 12 consecutive months shall be removed by the tower owner at its expense. At the time an improvement location permit is received for the construction of any tower or antenna, both the property owner and tower owner shall provide a bond meeting the requirements of the town in an amount and duration necessary to ensure the tower's and/or antenna's removal.
(B) These telecommunication facility standards apply to the following districts: PB, B1 and B2. Wireless telecommunications facilities shall require approval as a special use from the Board of Zoning Appeals and shall meet all the following requirements in addition to the general requirements and all other applicable provisions of this chapter:
(1) The minimum side and rear property setbacks shall be equal to 80% of the height of the tower. Towers shall not be permitted in any required front yard.
(2) The maximum height of the tower shall be 150 feet. The maximum height of any accessory structure shall be 15 feet.
(3) The tower shall be placed no closer than 500 feet to any residentially zoned or used property.
(C) These telecommunication facility standards apply to the following districts: LI and HI. Wireless telecommunications facilities shall be permitted provided that they meet all the following requirements in addition to the general requirements and all other applicable provisions of this chapter:
(1) The minimum setback from the side and rear property line shall be equal to 50% of the height of the tower. Towers shall not be permitted in any required front yard.
(2) The maximum height of the tower shall be 199 feet. The maximum height of any accessory structure shall be 15 feet.
(3) The tower shall be placed no closer than 500 feet to any residentially zoned or used property.
(Ord. 2013-02, passed 3-11-13)