CHAPTER 116: WIRELESS TELECOMMUNICATION FACILITY REQUIREMENTS
Section
General Provisions
   116.01   Title
   116.02   Purposes
   116.03   Authority
   116.04   Jurisdiction
   116.05   Enactment
   116.06   Interpretation and conflicts
   116.07   Amendments
   116.08   Public purpose
   116.09   Definitions
   116.10   Enforcement
Application Procedure and Approval Process
   116.25   General procedure
   116.26   Additional procedures
   116.27   Site plan requirements
   116.28   General approval standards
General Wireless Communications Facility Performance Standards
   116.40   Co-location requirements
   116.41   Tower and antenna design requirements
   116.42   Tower height
   116.43   Accessory utility buildings
   116.44   Tower lighting
   116.45   Antennas mounted on structures, roofs, walls and existing towers
   116.46   Temporary wireless communications facilities
   116.47   Interference with public safety telecommunications
   116.48   Signs and advertising
Zoning Standards
   116.60   Zoning district description
   116.61   Wireless facility siting standards
   116.62   Noncommercial wireless facility standards
 
   116.98   Violations
GENERAL PROVISIONS
§ 116.01 TITLE.
   These regulations shall officially be known, cited and referred to as the Wireless Telecommunication Facility Regulations of the City of Marion (hereinafter “these regulations”).
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§ 116.02 PURPOSES.
   In order to protect the public health, safety and general welfare of the community, while accommodating the communication needs of residents and businesses, these regulations are necessary in order to:
   (A)   Facilitate the provision of wireless telecommunication services to the residents and businesses of the City of Marion;
   (B)   Minimize adverse visual effects of towers through careful design and siting standards;
   (C)   Encourage the location of towers in nonresidential areas through performance standards and incentives;
   (D)   Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
   (E)   Provide mechanisms for the mitigation of tower proliferation through tower sharing requirements for all new tower applicants and those existing towers that are physically capable of sharing.
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§ 116.03 AUTHORITY.
   The City of Marion Advisory Plan Commission (hereinafter “APC”) is vested with the authority to review, approve, conditionally approve and disapprove applications for wireless communication facilities, including sketch, preliminary and final plans.
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§ 116.04 JURISDICTION.
   (A)   These regulations apply to all wireless communication facilities, as defined in § 116.09, located within the jurisdiction of the City of Marion Advisory Plan Commission as provided by law.
   (B)   No wireless communications facility may be constructed within the jurisdiction without an approved and signed permit from the Advisory Plan Commission.
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§ 116.05 ENACTMENT.
   In order that wireless communications facilities may be constructed in accordance with these purposes and policies, these regulations shall be in full force and in effect in the manner provided by law. All applications for wireless communication facility sitings pending on the effective date of these regulations shall be reviewed under these regulations.
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