§ 157.018 CRITERIA FOR APPROVAL OF SPECIAL EXCEPTION.
   (A)   In addition to any criteria set forth in Chapter 156, this chapter and the code of ordinances of the Town of Winfield, the Board of Zoning Appeals may not grant approval of a special exception for a communications facility unless the following criteria listed in subdivisions (B) through (F) have been satisfied.
   (B)   No new communications tower for a commercial wireless communications service may be approved unless the Board of Zoning Appeals finds that the telecommunications equipment planned for the proposed communications tower cannot be accommodated on an existing or approved communications tower or building within a two-mile search radius of the proposed communications tower due to one or more of the following reasons:
      (1)   The planned equipment would exceed the structural capacity of the existing or approved communications tower or building, as documented by a qualified and licensed professional engineer within the State of Indiana, and the existing or approved communications tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost.
      (2)   The planned equipment would cause interference, materially impacting the usability of other existing or planned equipment at the communications tower or building, as documented by a qualified and licensed professional engineer in the State of Indiana, and the interference cannot be prevented at a reasonable cost.
      (3)   Existing or approved communications towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably s documented by a qualified and licensed professional engineer within the State of Indiana.
      (4)   Other unforseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved communications tower or building.
      (5)   That the communications facility constitutes a desirable and stable development in harmony with the development in adjacent areas and is not contrary to the spirit and purpose of this subchapter.
   (C)   The applicant has submitted all required application materials set forth in § 157.017, including without limitation the plan of existing and proposed communications facilities and the written commitment to notify the town of changes in ownership of the communications facility and/or land.
   (D)   The proposed communications facility meets the design criteria specified in §§ 157.035 through 157.044 and § 157.060.
   (E)   The applicant has furnished evidence of appropriate licensure and approval by the Federal Communications Commissions (FCC) for the construction and operation of the communications facility, and communications tower approval by the Federal Aviation Administration (FAA), as applicable.
   (F)   And as a condition of the grant of the special exception, the applicant shall be required to send written notice, by certified mail, return receipt requested, to all commercial wireless communications service providers then licensed by the FCC to provide service within the town of the availability of the applicant's communications facility for co-location for future equipment or services. The applicant shall furnish proof of such notification prior to issuance of an improvement location permit, in accordance with this chapter.
(Ord. 2002-101, passed 9-17-2002)