This telecommunication facilities standards section applies to the following zoning districts: PR; AG; IS; CB; HC; EP; IC; I1; I2; and HI. The intent of the telecommunication facility standards section is to protect the health, safety and welfare of the residents of the zoning jurisdiction of the city by allowing for the provision of adequate and reliable public and private telecommunication service while minimizing the adverse, undesirable visual effects of such. The following telecommunication facility standards shall apply.
(B) Location.
(2) Towers.
(a) Front yard setback. Telecommunication towers shall be set back from any right-of-way a minimum distance equal to 50% of the tower height, including all antennas and attachments.
(b) Side and rear yard setback. Telecommunication towers shall be set back from the side and rear property lines a minimum distance equal to 50% of the tower height, including all antennas and attachments.
(c) Primary structure. Telecommun- ication towers shall not be located between the primary structure and a public street.
(d) Boundaries of residential zoning district. Telecommunication towers shall not be located within the boundaries of any residential zoning district, and shall be set back from the boundaries of any residential zoning district a minimum distance equal to 110% of the tower height.
(C) Design.
(1) Project applicability. Proposed or modified telecommunication towers and antennas shall meet the design requirements below.
(2) Height.
(a) Telecommunication towers shall not exceed 199 feet in height.
(3) Appearance. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in an instance where the color is dictated by state or federal authorities such as the Federal Aviation Administration (FAA).
(4) Monopole design. Towers shall be of a monopole design, unless the Board of Zoning Appeals determines an alternative design would better blend in with the surrounding environment.
(5) Collocation. Any proposed telecommunication tower shall be designed structurally, electrically and in all respects to accommodate both the applicant’s antennas and comparable antennas for the following.
(a) A minimum of one additional user if the telecommunications tower is between 60 and 100 feet in height.
(b) A minimum of two additional users if the telecommunications tower is 100 feet or more in height.
(6) Accessory utility structures. All utility structures needed to support a telecommunications tower shall be architecturally designed to blend in with the surrounding environment.
(7) Fence enclosure. Telecommunication facilities and all accessory utility structures shall be protected by a security fence that shall be at least six feet tall.
(8) Screening. A live evergreen screen consisting of shrubs, planted three feet on-center maximum or a row of evergreen trees planted a maximum of ten feet on-center shall be planted around the entire telecommunication facility and each of the guy wires and anchors, if used. The height of all plants at the time of planting shall be no less than five feet.
(9) Lighting. Telecommunication facilities shall not be illuminated by artificial means and shall not display strobe lights, except when it is dictated by state or federal authorities such as the Federal Aviation Administration (FAA).
(10) Signs. The use of any portion of a telecommunication facility for the posting of any signs or advertisements of any kind, other than warning or equipment information signs, shall not be permitted.
(D) Construction standards. All telecommunication facilities shall be subject to inspection by the Building Commissioner and Zoning Administrator during the construction process.
(1) Easements. If an easement is required for location of a telecommunication facility on the property, the easement shall be staked by a licensed and registered Indiana land surveyor so as to provide proof the facility has been constructed within the easement.
(2) Footers. Footing inspections shall be required by the Building Commissioner for all telecommunication facilities having footings.
(3) Electrical standards. All telecommunication facilities containing electrical wiring shall be subject to the provisions of the State Electric Code, as amended.
(E) Inspection of towers. The following shall apply to the inspection of telecommunications facilities.
(1) Frequency. Towers may be inspected at least once every five years, or more often as needed to respond to complaints received, by the Zoning Administrator, Building Commissioner and/or a registered, professional engineer to determine compliance with the original construction standards.
(2) Investigation. The Zoning Administrator and the Building Commissioner may enter onto the property to investigate the matter and may order the appropriate action to bring the facility into compliance.
(F) Abandoned towers. Any tower unused or left abandoned for six months shall be removed by the property owner at its expense. Should the property owner fail to remove the tower after 30 days from the date a notice of violation is issued, the city may remove the tower and bill the property owner for the costs of removal and cleanup of the site.
(Ord. 10-2010, passed - -2010, § 5.87)