(A) Purpose. 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 the county;
(2) Minimize adverse visual effects of towers through careful design and sizing standards;
(3) Encourage the location of towers in non-residential 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 that are physically capable of sharing.
(B) Authority. The Board of Zoning Appeals of the county (hereinafter “Board”) is vested with the authority to review, approve, conditionally approve and disapprove applications for cellular/wireless/ personal communication facilities and towers including sketch, preliminary and final plans.
(C) Jurisdiction. These regulations apply to all cellular/wireless/personal communication facilities and towers as defined herein, located within the jurisdiction of the County Area Plan Commission and this chapter.
(D) Enactment. 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 passing. All applications for cellular/wireless/personal communication facilities and tower(s) pending on the effective date of these regulations shall be reviewed under these regulations or thereafter filed.
(E) Public purpose. Regulation of the sizing of wireless communication facilities is an exercise of valid police power delegated by the state and as stipulated in the Federal Telecommunications Act of 1996. The developer has the duty of compliance with reasonable conditions set forth or required by the Area Plan Commission.
(Ord. passed - -2006, § 80.49(A))