(A) Purpose and intent. The purpose of this section is to establish reasonable standards for the installation of wireless communication facilities, balancing the need for the facilities with the protection of neighborhoods, and the appearance and safety of the community. These standards shall be interpreted and enforced in a manner consistent with the Telecommunications Act of 1996. Towers installed by a unit of government are exempt from the provisions of this section. Specifically, this section is intended to further the Comprehensive Plan by doing the following:
(1) Permitting the location of towers in non-residential areas;
(2) Avoiding damage to the adjacent properties from tower failure by requiring structural standards and setback distances;
(3) Minimizing the adverse visual effects of towers through careful design and siting standards;
(4) Maintaining and enhancing the aesthetic environment of the city and its jurisdiction;
(5) Reducing the proliferation of towers through tower-share requirements for all new construction and those existing towers that are physically capable of sharing;
(6) Encouraging the use of already existing structures, whether publicly or privately owned, such as water towers, silos, steeples and other tall structures as prime sites for new antenna sites;
(7) Discouraging the siting of telecommunication facilities in residential and agricultural areas;
(8) Providing for the siting of telecommunication facilities which may deviate from the regulations of this chapter upon approval of the Plan Commission or Board of Zoning Appeals, as appropriate.
(B) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Communications Act of 1934, as amended from time to time, including the Telecommunications Act of 1996, as amended from time to time.
ALTERNATIVE TOWER STRUCTURE. Man-made structures such as clock towers, steeples, light poles, roof tops, or antennas integrated into existing architecture or similar alternative designed mounting structures or methods that camouflage or conceal the presence of antennas or towers.
ANTENNA. Any exterior apparatus designed to send and/or receive electromagnetic waves for the purpose of telephonic, radio or television communications.
CELLULAR TELECOMMUNICATIONS. A commercial wireless radio service licensed by the Federal Communications Commissions which provides telecommunications service permitting customers to use wireless telephone technology such as, but not limited to, portable phones, pagers, faxes and computers.
CO-LOCATION. Locating telecommunication facilities from more than one provider on a single site or structure.
FCC. The Federal Communications Commission or any successor thereto.
LATTICE TOWER. A self supported three or four sided, open, steel frame structure, which is intended for receiving or transmitting any form of electronic communication.
MONOPOLE TOWER. A communication tower consisting of a single pole, constructed without guy wires and ground anchors, which is intended for receiving or transmitting any form of electronic communication.
STEALTH FACILITY. Any telecommunications facility which is designed to blend into the surrounding environment; including, but not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure or integrated into existing architectural elements, towers designed to look like trees or designed to look like light poles, silos or other man made structure.
TELECOMMUNICATIONS FACILITY. A cellular TELECOMMUNICATIONS FACILITY consisting of the any of the equipment and structures involved in transmitting signals for cellular telecommunications.
TOWER HEIGHT. The vertical distance measured from grade level to the highest point of the structure.
(C) Conditional use permit criteria.
(1) The Board shall not grant a conditional use unless it finds that the following criteria are met, as applicable:
(a) The telecommunications facility shall be designed, constructed and placed to minimize the visual impact by:
1. Use of an alternative tower structure;
2. Co-location;
3. Use of a stealth facility;
4. If new construction, structurally designed and capable of allowing other carriers to co-locate on the tower structure;
5. The use of color or camouflaging architectural treatment, or
6. The telecommunications facility is located on public land or in the public right of way as set forth in § 157.115.
(b) If the property is being leased, the provider shall enter into a written easement agreement with the owner of the property, which shall include a platted area for the location of the telecommunications facility, which shall be duly recorded. If the property is owned or leased by the provider, unless the telecommunications facility is attached to an already existing structure, the platted area for the tower shall be the only use permitted on the platted easement or property.
(2) Alternative tower structures shall be designed and placed to minimize the visual impact of the structure, or if placed on existing structures do not exceed the height of the existing structure by more than 20 feet. In all cases, such structures shall meet all other zoning requirements.
(3) Telecommunication facilities shall be permitted in all districts if located on public land or in the public right of way as set forth provided the public entity having jurisdiction over the property gives written authorization for location of the tower.
(D) Design and location standards.
(1) The tower color shall be galvanized metal or similarly gray tone.
(2) Guyed and self supporting lattice towers shall not be permitted, unless the applicant provides a written report from a registered professional engineer, with a specialization in geotechnical engineering, that the cost of such a tower at such site is at least twice the normal cost of constructing a monopole tower due to specific conditions present at the site.
(3) Stealth technology shall be used wherever possible.
(4) Notwithstanding any other provision of this chapter, the tower height for a stand-alone tower shall not exceed 60 feet if it is designed to accommodate only one service provider; 100 feet if it is designed to accommodate only two service providers: and 300 feet if it is designed to accommodate more than two providers.
(5) Telecommunication facilities attached to other structures shall not exceed the greater of
(a) The height requirement in the zoning district which they are located by more than ten feet; or
(b) The height of the structure on which such facilities are attached by more than 20 feet, unless the Board of Zoning Appeals grants a conditional use permit for the tower.
(6) Self-supporting towers (without guy wires) more than 100 feet and less than 180 feet tall shall be situated on the site to self-contain all debris resulting from tower failure. In all cases, the tower shall be located no closer to the lot line than 25% of the tower height or the setback requirement in § 157.085, whichever is greater. In the event that the self-supporting tower is located contiguous to a residential parcel, the tower shall be set back from the lot line a distance equal to the height of the tower.
(7) All guy mast towers and self-supporting towers greater than 180 feet shall be situated on the site to self contain all debris resulting from tower failure. In all cases, the tower shall be located no closer to the lot line than 66% of the tower height plus 25 feet. Also, in all cases, the guy wire anchors shall be located a minimum of 25 feet from the lot line or the prevailing yard requirement, whichever is greater.
(8) To protect from falling ice or parts, guyed towers shall be located a minimum of 1.25 feet for every foot of height from any public road right-of-way, residentially used parcel or home, occupied building, recreational field or playground. The Plan Commission may apply the criteria in this subsection to other structures or land if determined necessary to safeguard human life.
(9) Towers greater than 180 feet in height shall be located a minimum distance of 1,500 feet from any residential subdivision.
(10) The height of tower apparatus shall not be utilized in determining the setbacks required by this section. All tower apparatus shall be securely fastened to minimize noise emissions or damages from falling. Towers of 180 feet or less shall not exceed a total height of 200 feet, including attached tower apparatus.
(E) Maintenance and removal.
(1) All towers and sites shall be properly maintained and shall be kept in a condition as not to become a public nuisance or eyesore. Proper maintenance shall include but not be limited to regular lawn and landscaping care, painting of an accessory building, fences, and tower. Additionally, the site shall be kept free of junk and trash.
(2) Any abandoned or unused telecommunications facility shall be removed (including the tower, support structure, and buildings) within 180 days of the cessation of use, and the site shall be restored to its original condition.
(3) Any tower declared to be a public nuisance due to abandonment, disuse, poor maintenance, noise emissions, or other situation shall be a violation of this chapter.
(F) Co-location, use, and documentation.
(1) An application for a permit to erect a tower must include documentation showing that there is a need for tower space in the area of the proposed tower. New towers shall not be constructed except upon a showing of significant need.
(2) The applicant shall have the burden of proving significant need by a preponderance of the evidence showing that the following criteria are met:
(a) The proposed tower will replace an existing similar (i.e., height and other characteristics) tower that has been or will be removed.
(b) The proposed additional antennas cannot be placed on existing towers.
(c) Existing towers cannot be re-engineered to accommodate additional antennas.
(d) Existing towers cannot be extended to accommodate additional antennas.
(e) Another communication technology in lieu of towers with antennas is not available.
(f) A site containing an existing tower cannot accommodate an additional tower.
(3) A new tower application shall demonstrate need for a minimum of two antenna arrays, which shall be included in the tower application.
(G) Towers as conditional uses. The Board of Zoning Appeals may grant a conditional use permit for a wireless communication tower only if the applicant provides a report from a registered professional engineer with a specialization in cellular telecommunications as to the minimum tower height needed by the applicant, evidence that there are no other suitable structures for co-location that meet the applicant's requirements. Each application for a conditional use shall include the following:
(1) Evidence demonstrating that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence shall consist of at least one of the following:
(2) Evidence that there are no existing towers or structures meeting the applicant's engineering requirements within the geographic area that the antenna is intended to serve;
(3) If there are towers or structures in the geographic area, evidence that such towers or structures do not have sufficient height or structural strength to meet the applicant's engineering requirements;
(4) Evidence that the applicant's proposed antenna would cause electromagnetic (EMF) interference with the antenna of existing towers or structures, or vice versa;
(5) A financial analysis that the fees, costs or contractual provisions required by the owner of the property in order to co-locate, or to adapt an existing tower or structure to make it suitable for co-location, exceeds the cost of new tower development. Such analysis shall include written lease/cost estimates from the owner of the tower or structure;
(6) Evidence as to the minimum height of tower needed by the applicant, taking into account the need for a higher tower for co-location purposes;
(7) Evidence that there are other factors that render existing towers unusable.
(8) In the case of a new tower development or the use of an existing structure as a telecommunications tower for the first time, a notarized letter of intent committing the owner and any lessee, on behalf of themselves and their successors in interest, that the tower structure shall be shared with additional users;
(9) Certification by a qualified and licensed professional engineer that the design of the antenna support tower conforms to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association, including, but not limited to, certification that such tower is designed and will be constructed in such a manner that in the case of tower failure, such tower will either fold upon itself or collapse upon itself. Such certification shall take into account the proposed users of, and possible future co-locators on, the antenna structure.
(10) Documentation that the proposed telecommunication facilities comply, or will on completion comply, with the latest applicable federal and state environmental, health and safety standards and regulations, including, but not limited to, those established by the Federal Communications Commission on Radio Frequency Emissions (REF).
(11) In the case of a new tower, or when an existing tower structure is being enlarged in size, a visual impact analysis shall be prepared and certified by a qualified licensed professional engineer or architect, which analysis shall include the following information:
(a) A site plan prepared by a registered land surveyor licensed in the State of Indiana;
(b) Identification of significant existing natural and manmade features adjacent to the proposed tower location, indicating those features that will buffer the proposed tower from adjacent property and rights of way;
(c) Identification of at least three specific points, which are reasonably equidistant, within a three-mile radius of the proposed tower from which the line of sight analysis is presented. The exact number and location of these line of sight points shall be determined after consultation with staff prior to the preparation and completion of the analysis. The applicant shall then prepare a graphic illustration of the visual impact of the proposed tower. Such graphic illustration shall be a computer enhanced photograph with the computer-generated image of the tower depicted to an accurate scale. Each photograph shall be accompanied by text describing the point where the photograph was taken and how many feet it is from the proposed tower;
(d) A description of the visual and aesthetic impact of the proposed tower on all adjacent properties and properties within a 2,000 foot radius of the tower. The applicant shall also provide a specific explanation of the feasibility of camouflage given the needed height of the tower;
(e) A site plan showing all proposed landscaping and buffering. All such plans shall provide that the lowest six feet of the tower or facility be fenced by a chain link fence and screened with a landscaping or fencing. Any building that is not enclosed within such fenced area and;
(f) Any additional information requested by the Board in order to fully review and evaluate the impact.
(H) Nonconforming towers. Lawfully existing telecommunication facilities that do not conform to the requirements of this section shall be considered legal nonconforming uses, subject to § 157.132. However, placing additional antennas on a nonconforming structure in accordance with this chapter shall not be considered an expansion of the nonconforming use, nor shall it be considered to be an increase in the degree of nonconformity.
(Ord. 17, 2006, passed 11-27-2006)