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Generally, approval of a wireless communications facility can be achieved if the following items are met:
(A) The location of the proposed tower is compatible with the County Master Plan and zoning regulations;
(B) The submitted site plan complies with the performance criteria set in these regulations;
(C) The lowest six feet of the facility/tower be visually screened by trees or large shrubs;
(D) The height and mass of the facility/tower does not exceed that which is essential for its intended use and public safety;
(E) The owner of the wireless communication facility (by notarized written letter) has agreed to permit other persons/cellular providers to attach cellular antenna or other communications apparatus;
(F) The proposed facility/tower is not constructed in such a manner as to result in needless height, mass and guy-wire supports;
(G) The color of the proposed facility/tower will be of a light tone or color (except where required otherwise by the FAA) as to minimize the visual impact and that the tower will have a security fence around the tower base or the lot where the tower is located; and
(H) The facility/tower is in compliance with any other applicable local, state or federal regulations.
(Ord. 2001-12-17, passed 12-17-2001)
(A) Co-location requirements. All commercial wireless telecommunication towers erected, constructed or located within the jurisdiction of the county zoning regulations shall comply with the following requirements:
(1) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the Board of Zoning Appeals in conjunction with a technical consultant (see § 155.125(I)(2)) finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a two-mile search radius (one mile search radius for towers under 200 feet in height) of the proposed tower due to one or more of the following reasons:
(a) 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;
(b) The planned equipment would cause interference materially impacting the usability of 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;
(c) Existing or approved towers and buildings 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; and
(d) Other unforeseen reasons that make it unreasonable to locate the planned telecommunications equipment upon an existing or approved tower or building.
(2) Any proposed commercial wireless telecommunication service tower shall be designed, structurally and 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 200 feet in height or for at least one additional user if the tower is over 100 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
(B) Tower and antenna design requirements.
(1) Proposed or modified towers and antennas shall meet the following design requirements.
(2) Towers and antennas shall be designed to blend into the surrounding environment using monopole design when possible and through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.
(C) Tower height. The maximum tower height permitted is calculated by applying the following:
(1) If the tower is designed to accommodate only one service provider, the maximum height shall be 100 feet from grade;
(2) If the tower is designed to accommodate two service providers, the maximum height shall be 200 feet from grade; and
(3) If the tower is designed to accommodate more than two service providers, the maximum height shall be 300 feet from grade.
(D) Accessory utility buildings. 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 zoning regulations.
(E) Tower lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless the Federal Aviation Administration or other federal or state authority for a particular tower specifically requires such lighting.
(F) 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 County Board of Zoning Appeals, provided the antennas meet the requirements of these regulations, after submittal of:
(1) A final site and building plan as specified by § 155.127; and
(2) A report prepared by a qualified and licensed professional engineer indicating the existing structure or 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.
(G) Temporary wireless communications facilities. Any facility designed for temporary use (as defined in § 155.126) is subject to the following:
(1) Use of a temporary facility is allowed only if the owner has received a temporary use permit from the County Planning Department;
(2) Temporary wireless facilities are permitted for use of no longer than 30 days for use while constructing permanent facilities, and no longer than five days for use during a special event; and
(3) The maximum height of a temporary wireless facility is 50 feet from grade.
(H) Interference with public safety telecommunications.
(1) No new or existing telecommunications service shall interfere with public safety telecommunications.
(2) All applications for new service shall be accompanied by an intermodulation study, which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems.
(3) Before the introduction of new service or changes in existing service, telecommunication providers shall notify the Planning Department at least ten calendar days in advance of such changes to allow time to monitor interference levels during the testing process. (All new sites/structures are encouraged to show a good faith effort by providing local public safety telecom location at the 100-foot mark at a minimal cost.)
(I) Abandoned or unused portions of towers. Abandoned or unused towers or portions of towers shall be removed as follows:
(1) The owner of a wireless facility shall annually (in January) file a declaration with the Planning Department as to the continuing operation of every wireless carrier installed on the facility subject to these regulations. Each carrier shall be illustrated by its height on the facility; and
(2) Failure to do so shall be determined to mean the facility is no longer in use and considered abandoned, thus subject to the following.
(a) All abandoned or unused towers and associated facilities shall be removed within 180 days of the cessation of operations at the site unless the Planning Department approves a time extension via the Board of Zoning Appeals approval. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. If the applicant does not remove the facility, then it is the responsibility of the property owner.
(b) Unused portions of towers above a manufactured connection shall be removed within 180 days of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new permit.
(J) Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
(Ord. 2001-12-17, passed 12-17-2001)
(A) Zoning district description.
(1) Agricultural Protection District (A1). This district is established to protect suitable land for active agricultural production in the county. Agricultural production is recognized as the primary economic activity in the county, and certain lands are particularly suited to such uses because of their size, configuration, soil, topography and location in relation to other land uses. This district is intended to prevent the conversion of such agricultural lands to urban uses and to promote the compatibility of land uses in the county.
(2) Agriculture District (A2). This district is established to permit the full range of agricultural activities as well as certain planned large lot residential development with development standards, which protect the full range of agricultural uses as determined by the Plan Commission, and other uses customarily conducted in agricultural areas. This use is primarily located along highways and scenic corridors, and adjacent to municipalities.
(3) Low Density Residential District (R1). The purpose of this district is to provide areas of low density, suburban type residential development with particular emphasis on promoting residential subdivision development.
(4) Medium Density Residential District (R2). The purpose of this district is to provide areas of moderate density, suburban residential development with particular emphasis on promoting residential subdivision development.
(5) Commercial Convenience District (CC). Businesses in the CC District cater to and are located close to residential districts and are development in a manner that reflects the residential character of the area. These businesses must not create excessive congestion, noise or other objectionable influences. Businesses located in this district tend to serve the day-to-day needs of the neighborhoods in which they are located.
(6) Commercial General District (CG). Businesses located in the CG District require locations on or near major arterials and their intersections. CG businesses serve the day-to-day needs of the neighborhood, and supply the more permanent and durable needs of the whole community.
(7) Industrial District (I). Uses located in this district encompass light and heavy industrial activities. Heavy industrial activities are generally major operation and extensive in character, and require large sites, open storage and service areas, quick access to regional transportation, and generate nuisances such as smoke, noise, vibrations, dust, glare, air pollution and water pollution. Heavy industrial uses should be located away from residential and commercial uses. Light industrial uses are relatively clean, quiet, and free of smoke, noise, color or dust.
(8) Mineral Extraction District (ME). The purpose of this district is to provide land for the mining, excavation, processing and storing of mineral resources. This district is designed to ensure that these resources are properly managed and that all land which mineral extraction has occurred will be left in such conditions, so as to not create a hazard or nuisance which either immediately or in the future affects the health, safety or general welfare of the community.
(9) Preservation District (PV). The purpose of this district is to retain and promote open space, historic and scenic views, the surroundings of culturally significant buildings or structures, and ecologically significant land adjacent to rivers. The Preservation District will also minimize soil erosion, siltation and water pollution.
(B) Wireless facility sitting standards; zoning.
(1) New commercial wireless communications towers are allowed only as a special exception, requiring the approval of the Board of Zoning Appeals, in the following districts subject to division (D) below:
(a) A1;
(b) A2;
(c) CC;
(d) CG;
(e) I; and
(f) ME.
(2) New commercial wireless communications towers are not allowed in the following districts:
(a) R1;
(b) R2; and
(c) PV.
(3) Noncommercial wireless facilities (amateur radio antennas) are subject to division (C) below.
(C) Noncommercial wireless faculty (amateur radio antennas) standards.
(1) 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.
(2) In accordance with the Federal Communications Commission’s preemptive ruling PRB1, towers erected for the primary purpose of supporting amateur radio antennas may exceed 30 feet in height provided that a determination is made by the Board of Zoning Appeals that the proposed tower height is technically necessary to successfully engage in amateur radio communications.
(D) Commercial wireless facility performance criteria.
R1, R2, PV | A1, A2, CC, CG, I, ME |
R1, R2, PV | A1, A2, CC, CG, I, ME | |
Antenna to be affixed to a new (proposed) ground tower | Not allowed | Special exception Maximum tower height: See § 155.129(C) Setbacks: the greater distance of the following: 1. Tower height +10 feet from the street R/W or site boundaries 2. Twice the tower height from residential property lines |
Antenna to be affixed to an existing building without a roof tower | 1. Antenna may be placed on the facade or roof of conforming building or structures without regard to height or setback of the building. 2. Antenna support structures will be considered to be roof towers if the height of the structure exceeds 10 feet above permitted height of the building. | 1. Antenna may be placed on the facade or roof of conforming building or structures without regard to height or setback of the building. 2. Antenna support structures will be considered to be roof towers if the height of the structure exceeds 10 feet above permitted height of the building. |
Antenna to be placed to a new (proposed) roof tower | Not allowed | Special exception: 1. Tower height above the roof may be as high as the setback distance to the nearest roof edge. 2. The heights allowable for a ground tower may be used for a roof tower if the required setbacks for a ground tower are met. |
Antenna to be added to an existing approved ground tower | Allowed if the following conditions are met: 1. The tower height is not increased. 2. No ancillary features are added to the tower other than antenna, required safety hardware and ancillary equipment buildings. 3. All conditions of the previous tower approval have been satisfied. | Allowed if the following conditions are met: 1. The tower height is not increased. 2. No ancillary features are added to the tower other than antenna, required safety hardware and ancillary equipment buildings. 3. All conditions of the previous tower approval have been satisfied. |
Antenna to be added to a nonconforming tower | Subject to zoning requirements concerning nonconforming structures | Subject to zoning requirements concerning nonconforming structures |
Antenna to be placed to an existing water tower | Allowed if the following conditions are met: 1. The antenna meets all FAA requirements. 2. Screening of the ancillary equipment buildings meets the Planning Directors approval | Allowed if the following conditions are met; 1. The antenna meets all FAA requirements. 2. Screening of the ancillary equipment buildings meets the Planning Director’s approval |
Accessory structures (equipment building and the like) | Subject to all requirements of appropriate zones (i.e., bulk, setback and the like) | Subject to all requirements of appropriate zones (i.e., bulk, setback and the like) |
(Ord. 2001-12-17, passed 12-17-2001)
(A) General zoning penalty.
(1) Violations. If any new construction, structural changes, alteration or extension shall be commenced; or if any building shall be moved within the jurisdictional area of the county prior to the issuance of an improvement location permit, such action violates this section by the person performing the construction or work and the person owning the real estate.
(2) Common nuisance. Any building which shall be erected, raised or converted, or any land or premises which shall be used in violation of any provision of this chapter or of any regulations made by the Commission, shall be deemed to be a common nuisance and the owner of the building, land or premises shall be liable for maintaining a public nuisance.
(3) Penalties for violation. The procedures for the enforcement of this chapter are as follows.
(a) Actions for injunction for violations of this chapter shall be instituted by the Commission to restrain individuals or governmental units from violating the provisions of this chapter as enacted pursuant to I.C. 36-7-4 as amended, except that such actions may also be instituted by the county.
(b) The Plan Director shall be the designated enforcement officer and shall act for the Commission and shall not be personally liable for his or her official acts.
(c) The Commission as relator or otherwise, may institute suits for mandatory injunctions directing individuals or governmental units to remove structures erected in violation of the provisions of this chapter. If the Commission shall be successful in any such suit, the respondent shall bear the cost of the action.
(4) Fines.
(a) General procedure. There shall be a minimum of a three step procedure for the enforcement of violations. Intermediate steps, including additional notices of violation and extensions of time limits for compliance may be used by the Plan Director at his or her discretion. The minimum steps are as follow.
1. Notice of violation. The Plan Director shall issue a notice of violation to the person(s) who has committed, in whole or in part, a violation. Said notice is a warning to violator(s) that a violation has been determined and that it must be corrected within a specified time period.
2. Notice of fines for violation. The Plan Director shall issue a notice of fines for violation to the person(s) who has committed; in whole or in part, a violation. The notice of fines for violations is a citation that states the fines for the violation. The notice of fines for violation shall be mailed via certified mail, return receipt requested. The person(s) in violation will be given a time period to pay all applicable fines, and must correct the violation within the time period specified by the Plan Director or face additional fines.
3. Legal action. If the person(s) in violation refuses to pay the fines or correct the violation, the Plan Director may refer the violation to the Plan Commission Attorney in order to pursue Court action. Additional fines and liens against the property may also be pursued until the matter is resolved.
(b) Monetary fines. Monetary fines may be imposed, in addition to the fees specified in § 155.068, at the discretion of the Plan Director with the notice of fines for violations.
1. Multiple violations. Each violation shall constitute a separate offense.
2. Fine amount. Each separate offense shall be subject to a fine from $1,000 to $2,500 per day from the day of compliance requested by the Plan Director in the notice of violation.
a. In addition to any fine imposed, any person who initiates any activity which requires a permit without first obtaining a permit may be required to pay three times the normal amount of the permit consistent with the adopted fee schedule.
b. The amount of the fine shall be at the discretion of the Plan Director.
3. Payment. The payment of any violation shall be by cash or cashier’s check and shall be delivered to the Plan Director who shall forward same to the County Auditor for deposit.
a. Fine payments will not be accepted for a violation on a property on which other violations remain unresolved.
b. The Plan Director may, at his or her discretion, waive fines for the otherwise timely correction of the violation.
(c) Appeals. Any person receiving a notice of violation and/or fines for violation may appeal the violation and/or fine to a court of jurisdiction. A written statement from the person in violation, giving notice of the filing of an action with a court, shall be submitted to the Plan Director via certified mail at least three days prior to the date any fine and/or compliance is due.
1. Fines. Fines due will be postponed until the court of jurisdiction have made a ruling as to the violation and/or fine. The person(s) in violation shall have a maximum of 90 days to complete the hearing process. Failure to meet this deadline will reinstate all fines due by the person(s) in violation, including those which would have accumulated during the appeal process.
2. Additional notices. No additional notices will be issued by the County Planner if the person(s) in violation has (have) submitted an appeal or notice of court review.
(d) Enforcement. The County Planner via the Plan Commission Attorney may bring an action in the Putnam Circuit of Superior Court to evoke any legal, equitable or special remedy, for the enforcement of any ordinance or regulation created under I.C. 36-7-4, and its subsequent amendments.
(5) Amendments. All amendments to this chapter shall conform to relevant provisions of I.C. 36-7-4-600 et seq. and all acts amendatory thereto.
(6) Validity. If any title, article, section, clause, paragraph, provision or portion of this chapter shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other title, article, section, clause, paragraph, provision or portion of this chapter.
(Ord. passed 7-20-1992; Ord. 2001-12-17, passed 12-17-2001; Ord. 2014-10-20-3, passed 10-20-2014)