The regulations of this section shall apply to the extent not inconsistent with I.C. 8-1-32.3-1 et seq.
   (A)   Definitions. The definitions provided within I.C. 8-1-32.3-1 et seq. shall apply to the extent the terms used within this section are not otherwise defined within the Zoning Code.
   (B)   Existing facilities. No communications service provider is required to obtain a permit or pay a fee for any of the following activities:
      (1)   Routine maintenance of wireless facilities;
      (2)   Replacement or improvement of existing utility poles, wireless facilities with wireless facilities, and wireless support structures that are substantially similar to or the same size or smaller than the facilities being replaced; or
      (3)   Installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable codes by a communications service provider that is authorized to use the public rights-of-way.
   (C)   Co-location. The placement of small cell facilities on existing utility poles within public right-of-way is permitted. An Improvement Location Permit shall be obtained prior to co-location unless otherwise exempted.
   (D)   New support structures. The construction and placement of new support structures for small cell facilities shall be permitted within areas with a non-residential zoning classification and in residentially zoned areas with existing above ground utility infrastructure. An improvement location permit shall be required for all new support structures.
   (E)   Prohibition.
      (1)   The construction, placement, or use of above-ground small cell facilities and associated supporting structures shall be prohibited in areas of the town that satisfy all of the following criteria (a “Residential SUBU Area”):
         (a)   Is zoned for strictly residential use;
         (b)   Previously designated as a strictly underground and buried utilities area under Whiteland Town Council Resolution 2017-03;
         (c)   Zoned for strictly residential use before May 1, 2017; and
         (d)   All existing utility infrastructure is already buried; but only to the extent that such prohibition does not materially inhibit wireless service.
      (2)   If the prohibition of this subsection would materially inhibit wireless service, the antenna and such other components of the small cell facilities and supporting structures as are reasonably deemed necessary to abate the material inhibition to wireless service, as determined by the Commission, may be placed above ground, with the remainder of the small cell facilities remaining underground.
   (F)   Variance. A variance from the prohibition against the installation of new utility poles or new wireless support structures in a Residential SUBU Area may be requested by applying to the Board of Zoning Appeals for a development standards variance.
   (G)   Notice of application. Upon receipt of an application for the construction, placement, or use of a small cell facility on one or more new utility poles or one or more new wireless support structures in a Residential SUBU Area, the town shall post notice of the application on the town's internet web site. The notice of the application required by this clause must include a statement indicating that the application is available to the public upon request.
   (H)   The prohibition and other restrictions with respect to the placement of new utility poles or new wireless support structures within Residential SUBU Areas shall be applied in a nondiscriminatory manner.
(Ord. 2019-03, passed 4-9-19)