(A) Cellular/wireless/personal communication facilities and/or towers are permitted only as a special exception with the approval of the Board of Zoning Appeals, in all districts, except for any residential district (R1, R2 or R3) and Floodplain District (FP).
(B) Cellular/wireless/personal communication facilities and/or towers are not permitted under any circumstances in any residential district (R1, R2 or R3) or Floodplain District (FP).
(C) No cellular/wireless/personal communication towers shall be permitted within the boundaries of any incorporated town.
(D) No cellular/wireless/personal communication facilities and/or towers shall be permitted, placed or situated within a distance equivalent to or less than two times the height of the tower (and antennas and the like extending above the facility/tower), of any residential district, or the closest edge of any residential dwelling or structure in any district. Or the closest edge of any residential dwelling or structure in any district. Excepting as set forth by I.C. 8-1-32.3-17(b), a permit authority may not impose a fall zone requirement that:
(1) Applies to a wireless support structure; and
(2) Is larger than the area within which the wireless support structure is designed to collapse, as set forth in the applicant's engineering certification for the wireless support structure.
(E) However, a permit authority may impose a fall zone requirement that is larger than the area described in division (2) if the permit authority provides evidence that the applicant's engineering certification is flawed. The permit authority's evidence must include a study performed and certified by a professional engineer.
(F) All engineering plans of the tower and foundation, must be approved by a licensed structural engineer certifying the plans, design and fall area of a tower, and submitted with the permit application.
(Ord. passed - -2006, § 80.49(E); Ord. 2019-02, passed 4-22-2019)
Penalty, see § 156.999