(A) Title. These regulations shall officially be known, cited, and referred to as the “Wireless Telecommunication Facility Regulations of the City of New Castle, Henry County, Indiana” (hereinafter “these regulations”).
(B) Purposes. In order to protect the public health, safety and general welfare of the community, while accommodating the communication needs of residents and business, these regulations are necessary in order to:
(1) Facilitate the provision of wireless telecommunication services to the residents and businesses of New Castle;
(2) Minimize adverse visual effects of towers through careful design and siting standards;
(3) Encourage the location of towers in nonresidential areas through performance standards and incentives;
(4) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
(5) Provide mechanisms for the mitigation of tower proliferation through tower-sharing requirements for all new tower applicants and those existing towers physically capable of sharing.
(C) Authority. The Board of Zoning Appeals (hereinafter “the Board") is vested with the authority to review, approve, conditionally approve, and disapprove applications for wireless communication facilities, including sketch, preliminary and final plans.
(D) Jurisdiction.
(1) These regulations apply to all wireless communications facilities located within the incorporated areas of the city.
(2) No wireless communications facility may be constructed without an approved and signed site plan from the city.
(E) Enactment.
(1) In order that wireless communications facilities may be constructed in accordance with these purposes and policies, these regulations are hereby adopted and made effective as of the date of their approval by the Common Council.
(2) All applications for wireless communication facility sitings pending on the effective date of these regulations, or thereafter filed, shall be reviewed under these regulations.
(F) Interpretation and conflict.
(1) Interpretation.
(a) In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety, and general welfare.
(b) These regulations shall be construed broadly to promote the purposes for which they are adopted.
(2) Conflict.
(a) These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in these regulations.
(b) Where any provision of these regulations imposes restrictions different from any other ordinance, rule or regulation, statute, or other provision of law, the provision that is more restrictive or imposes higher standards shall control.
(G) Amendments. For the purpose of protecting the public health, safety, and general welfare, the Planning Commission may from time to time propose amendments to these regulations, which shall be approved or disapproved by the Common Council at a public meeting following public notice. Realizing that communication technologies are evolving and changing quickly, future innovations may reduce the impacts of individual facilities and render portions of these regulations obsolete. Therefore, periodic review and revision of these regulations will be necessary.
(H) Public purpose. Regulation of the siting of wireless communication facilities is an exercise of valid police power delegated by the State of Indiana, and as stipulated in the Federal Telecommunications Act of 1996. The developer has the duty of compliance with reasonable conditions laid down by the Planning Commission.
(I) Enforcement, violations, and penalties.
(1) The enforcement of these regulations shall be the responsibility of the Zoning Administrator.
(2) Any person who violates these regulations shall be subject to a fine in an amount of $2,500 per violation. Each day the violation exists constitutes a separate violation pursuant to state law.
(J) Wireless communication facility application procedure and approval process.
(1) General procedure. The submission of applications for wireless communications facilities shall follow the same procedure as detailed in the zoning ordinance (Chapter 152) for permitted uses and/or conditional uses as circumstances require.
(2) Additional procedures. In addition to the information required elsewhere in the zoning ordinance for permitted uses and/or conditional uses, development applications for wireless communications facilities shall include the following supplemental information.
(a) A report from a qualified and licensed professional engineer that:
1. Describes the tower height and design, including a cross-section and elevation;
2. Documents the height above grade for all potential mounting positions for colocated antennas, and the minimum separation distances between antennas;
3. Describes the tower's capacity, including the number and type of antennas it can accommodate;
4. Documents what steps the applicant will take to avoid interference with established public safety telecommunications;
5. Includes an engineer's stamp and registration number; and
6. Includes other information necessary to evaluate the request.
(b) For all commercial wireless telecommunications service towers, a letter of intent committing the tower owner and his, her or its successors to allow the shared use of the tower, if an additional user agrees in writing to meet reasonable terms and conditions for the shared use.
(c) Before the issuance of a building permit, the following supplemental information shall be submitted.
1. A copy of the FAA's response to the submitted “Notice of Proposed Construction or Alteration” (FAA Form 7460-1) shall be submitted to the Zoning Administrator.
2. Proof of compliance with applicable Federal Communications Commission regulations.
3. A report from a qualified and licensed professional engineer, demonstrating the tower's compliance with the municipality's structural and electrical standards.
4. A copy of any purchase agreement and/or lease for the land upon which the subject tower is to be located, which shall contain language in accordance with divisions (A) through (I).
(d) Site plan requirements. In addition to the site plan requirements found elsewhere in the zoning ordinance, site plans for wireless communications facilities shall include the following supplemental information.
1. Location and approximate size and height of all buildings and structures within 500 feet adjacent to the proposed wireless communication facility.
2. Site plan of entire development, indicating all improvements including landscaping and screening.
3. Elevations showing all facades, indicating exterior materials and color of the tower(s) on the proposed site.
4. Plans shall be drawn at the scale of one inch equals 50 feet.
(e) General approval standards. Generally, approval of a wireless communication facility can be achieved if the following items are met.
1. The location of proposed tower is compatible with the master plan and zoning ordinance.
2. All efforts to locate on an existing tower have been made and have not been successful or legally/physically possible.
3. The submitted site plan complies with the performance standards set forth in these regulations.
4. The proposed facility/tower will not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district, or major view corridor.
5. The lowest six feet of the facility/tower shall be visually screened by trees, large shrubs, solid walls, solid fences, and/or nearby buildings.
6. The height and mass of the facility/tower does not exceed that which is essential for its intended use and public safety.
7. The owner of the wireless communication facility has agreed to permit other persons/cellular providers to attach cellular antenna or other communications apparatus that do not interfere with the primary purpose of the facility.
8. There exists no other existing facility/tower that can reasonably serve the needs of the owner of the proposed new facility/tower.
9. The proposed facility/tower is not constructed in such a manner as to result in needless height, mass, and guy-wire supports.
10. The color of the proposed facility/tower will be of a light tone or color (except where required otherwise by the FAA) to minimize the visual impact. The tower will have a security fence around its base or the lot in which it is located.
11. The facility/tower is in compliance with any other applicable local, state or federal regulations.
(f) Additional considerations.
1. In reviewing the conditional use application, the Board of Zoning Appeals shall consider the particular needs and circumstances of each application, and examine the following items as they relate to the proposed conditional use:
a. Topography;
b. Zoning on site;
c. Surrounding zoning and land use;
d. Streets, curbs, gutters and sidewalks;
e. Access to public streets;
f. Driveway and curb cut locations in relation to other sites;
g. General vehicular and pedestrian traffic;
h. Parking location and arrangement;
i. Number of parking spaces needed for the particular special use;
j. Internal site circulation;
k. Building height, bulk and setback;
l. Front, side and rear yards;
m. Site coverage by building(s), parking area(s) and other structures;
n. Trash and material storage;
o. Alleys, service areas and loading bays;
p. Special and general easements for public or private use;
q. Landscaping and tree masses;
r. Necessary screening and buffering;
s. Necessary fencing;
t. Necessary exterior lighting;
u. On-site and off-site, surface and subsurface storm and water drainage;
v. On-site and off-site utilities;
w. Dedication of streets and rights-of-way;
x. Proposed signage (subject to regulations established by the sign ordinance); and
y. Protective restrictions and/or covenants.
(K) General wireless communications facility performance standards.
(1) Colocation requirements. All commercial wireless telecommunication towers erected, constructed, or located within municipality shall comply with the following requirements.
(a) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the Board of Zoning Appeals finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing approved tower or building, within a one-mile-search radius (one-half-mile-search radius for towers under 120 feet in height, one-quarter-mile-search radius for towers under 60 feet in height) of the proposed tower, due to one or more of the following reasons.
1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
2. The planned equipment would cause interference materially impacting the usability of the other existing or planned equipment at the tower or building, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost.
3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function for reasons documented by a qualified and licensed professional engineer.
4. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
(b) 1. It is the applicant's responsibility to adequately show due diligence in seeking to colocate telecommunications facilities.
2. The applicant shall submit documented refusals of attempts to colocate on towers within the search area.
(c) 1. Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for:
a. At least two additional users if the tower is over 100 feet in height; or
b. At least one additional user if the tower is over 60 feet in height.
2. Towers shall be designed to allow for future rearrangement of antennas upon the tower, and to accept antennas mounted at varying heights.
(2) Tower and antenna design requirements. Proposed and modified towers and antennas shall meet the following design requirements.
(a) Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment; except in instances where the color is dictated by state or federal authorities such as the Federal Aviation Administration.
(b) Commercial wireless telecommunication service towers shall be of a monopole design, unless the Board of Zoning Appeals determines that an alternative design would better blend into the surrounding environment.
(3) Tower height. The maximum tower height permitted in the city is to be calculated by applying the following standards.
(a) If the tower is designed to accommodate only one service provider, the maximum height shall be 120 feet from grade.
(b) If the tower is designed to accommodate two service providers, the maximum height shall be 160 feet from grade.
(c) If the tower is designed to accommodate more than two service providers, the maximum height shall be 199 feet from grade.
(4) Accessory utility buildings.
(a) All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment, and shall meet the minimum setback requirements of the underlying zoning district.
(b) Ground-mounted equipment shall be completely screened from view by suitable landscaping and/or vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
(5) Tower lighting. Towers shall not be illuminated by artificial means and display strobe lights, unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower.
(6) Antennas mounted on structures, roofs, walls, and existing towers. The placement of wireless telecommunication antennas on roofs, walls, and existing towers may be approved by the Zoning Administrator; provided the antennas meet the requirements of these regulations, after submittal of:
(a) A final site and building plan; and
(b) A report prepared by a qualified and licensed professional engineer, indicating the existing structure of the tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated.
(7) Temporary wireless communications facilities. Any facility designed for temporary use is subject to the following requirements.
(a) Use of a temporary facility is allowed only if the owner has received permission from the Board of Public Works.
(b) Temporary wireless facilities are permitted for no longer than 30 days while constructing permanent facilities, and for no longer than five days during a special event.
(c) Temporary facilities are subject to all applicable portions of these regulations, excluding divisions (K)(3)(b) and (c).
(8) Interference with public safety telecommunications.
(a) Neither new nor existing telecommunications service shall interfere with public safety telecommunications within the city or county.
(b) All applications for new service shall be accompanied by an intermodulation study, providing a technical evaluation of existing and proposed transmissions, and indicating all potential interference problems.
(c) Before the introduction of a new service or changes in existing service, telecommunication providers shall notify the city and county at least ten calendar days in advance of such changes to allow the city and county to monitor interference levels during the testing process.
(9) Abandoned or unused towers or portions of towers. Abandoned or unused towers or portions of towers shall be removed in the following manner.
(a) The owner of a wireless facility shall file annually a declaration with the Zoning Administrator as to continuing operation of every facility installed subject to these regulations.
(b) Failure to do so shall be determined to mean that the facility is no longer in use and considered abandoned, thus subject to the following regulations.
(c) All abandoned or unused towers and associated facilities shall be removed within 180 days of the cessation of operations at the site, unless a time extension is approved by the Zoning Administrator.
1. A copy of the relevant portions of a signed lease, requiring the applicant to remove the tower and associated facilities upon cessation of operations at the site, shall be submitted at the time of application.
2. In the event that a tower is not removed within 180 days of the cessation of operations at a site, the tower and associated facilities may be removed by the county, and the costs of removal assessed against the property.
3. Unused portions of towers above a manufactured connection shall be removed within 180 days of the time of antenna relocation.
4. The replacement of portions of a tower previously removed requires the issuance of a new wireless facility permit.
(10) Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
(L) Zoning-specific wireless communication facility performance standards.
(1) Wireless facility siting standards; zoning. Commercial wireless communications facilities are allowed only as a conditional use, requiring the approval of a conditional use permit, in all zoning districts.
(2) Noncommercial wireless facility standards.
(a) Towers supporting amateur radio antennas and conforming to all applicable provisions of these regulations shall be allowed only in the rear yard of residentially zoned parcels.
(b) In accordance with the Federal Communication Commission's preemptive ruling PRB 1, towers erected for the primary purpose of supporting amateur radio antennas may exceed 30 feet in height, provided the Zoning Administrator determines that the proposed tower height is technically necessary to successfully engage in amateur radio communications.
(Ord. 3274, passed 6-18-01)