Bargersville City Zoning Code

SPECIFIC USES

§ 154.060 ACCESSORY DWELLING UNIT.

(A) An accessory dwelling unit must only be located within a single-family detached dwelling or as a separate dwelling unit on the same lot or parcel with a principal dwelling.

(B) No more than one accessory dwelling is permitted on any lot or parcel.

(C) The accessory dwelling unit must share the same sewage disposal and water supply systems as the principal dwelling unit.

(D) The accessory dwelling unit must be limited to a maximum of 25% of the total living area of the principal dwelling, but not less than 400 square feet.

(E) The accessory dwelling must contain no more than a living area, one bedroom, one bath and a kitchen.

(F) No new access points or driveways may be created or installed on the abutting street for vehicular access to the accessory dwelling unit.

(G) If separate from the principal dwelling unit, the accessory dwelling must meet all setback requirements of the principal dwelling and must not exceed 25 feet high.

(H) A detached accessory dwelling unit must conform to all applicable building design and material requirements applicable to the principal dwelling (see § 154.147).

(I) The owner must prepare a deed restriction or other legal instrument to be reviewed and approved by the Administrator. Following approval by the Administrator, the instrument must be recorded with the Johnson County Recorder. The instrument must include a statement that the principal dwelling and the attached accessory dwelling will remain in the same ownership, unless the dwellings can be separated onto individual building lots, each of which complies with all relevant lot area, setback, access, and other requirements of the ordinance, subject to town approval.

(Ord. 2022-17, passed 7-19-2022)

§ 154.061 ADULT BUSINESSES.

(A) Intent. It is recognized that some uses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, causing a harmful effect upon the adjacent areas. Therefore, the following intents are served by these regulations:

(1) This section describes the uses regulated and the specific standards necessary to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses, and to require sufficient spacing from uses considered most susceptible to negative impacts.

(2) These provisions are not intended to impose a limitation or restriction on the content of any communicative materials including adult materials protected by the First Amendment to the United States Constitution.

(3) It is not the intent of the provisions of this section to restrict or deny access by adults to adult materials protected by federal and state constitutions.

(4) It is not the intent of these provisions to deny access by the distributors and exhibitors of adult entertainment to their target market.

(5) These regulations do not intend to legitimize any activities prohibited by federal or state law, or by any other Ordinance of the Town of Bargersville.

(B) Regulations.

(1) An adult business and its accessory structures (including signs) must have a minimum separation of 1,320 feet from another adult business and its accessory structures.

(2) An adult business and its accessory structures must have a minimum separation of 660 feet of any parcel in a residential district or any parcel used for a residence, public park, school, childcare facility, church, or similar place of worship, public library, government offices, police department or fire department, youth center, or commercially operated school attended by children such as dance schools, gymnastic centers, and the like ("protected uses"). The distance between a proposed adult business and any protected use is measured in a straight line from the nearest property line upon which the proposed adult business is to be located to the nearest property line of the protected use.

(3) Any sign or advertising for the adult business must comply with the provisions of this chapter (see § 154.113). No sign or advertising may include photographs, silhouettes, or drawings of any specified anatomical areas or specified sexual activities, or obscene representations of the human form, and may not include animated or flashing illumination.

(4) The entrances to the proposed adult business at both the exterior and interior walls, in a location visible to those entering and exiting the business, must be clearly marked with lettering at least two inches in height stating: "Persons under the age of 18 are not permitted to enter the premises".

(5) No product, picture, or service for sale or gift may be displayed to be visible by a person of normal visual awareness from the nearest adjoining roadway or a neighboring property.

(6) Hours of operation are limited to 9:00 a.m. to 11:00 p.m., Monday through Saturday.

(7) All off-street and on-site parking areas must comply with this chapter (see § 154.112), based on the primary use (i.e., retail, assembly, etc.) and must be illuminated at all times (see § 154.111).

(8) Any booth, room or cubical available in any adult business used by patrons for the viewing of any entertainment shall:

(a) Be unobstructed by any door, lock, or other entrance and exit control device;

(b) Have at least one side completely open to a public, lighted aisle so there is an unobstructed view of any occupant at all times from the adjoining aisle;

(c) Be illuminated such that a person of normal visual acuity looking into the booth, room, or cubical from its entrance adjoining the public lighted aisle can clearly determine the number of people within;

(d) Have no holes or openings in any side or rear wall unrelated to utility, ventilation, or temperature control services or otherwise required by any governmental ordinance or authority.

(C) Conditions of approval. Before granting approval for the establishment of any adult business, the BZA may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the adult business necessary for the protection of the public interest. Any evidence, bond, or other performance guarantee may be required as proof that the conditions stipulated in connection are fulfilled.

(D) Access to minors. No person operating an adult business may permit any person under the age of 18 to be on the premises of the business as an employee, customer, or otherwise.

(E) Definitions.

ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration an electronically, electrically, or mechanically controlled still or motion picture machine, projector, video or disc player, or other image producing device is maintained to show images to five or fewer persons per machine at any one time, and where the image is so displayed or distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".

ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration, any one or more of the following:

(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, discs or other video reproduction, slides, or other visual representations which are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

(b) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".

ADULT BUSINESS or SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude modeling studio, sexual encounter center, or massage parlor; provided, "massage parlor" shall not include a spa, medical facility, athletic club, or similar business where physical therapy and/or massages are offered by a massage therapist licensed to practice in the State of Indiana.

ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(a) Persons who appear live in a state of nudity or semi-nudity; or

(b) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or

(c) Films, motion pictures, video cassettes or discs, slides or other video or photographic reproductions which are distinguished or characterized by the depiction of "specified sexual activities" or "specified anatomical areas".

ADULT MOTEL. A hotel, motel, or similar commercial establishment which:

(a) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and has a sign visible from the public right-of-way which advertises the availability of this type of photographic reproduction; or

(b) Regularly offers a sleeping room for rent for a period less than ten hours; or

ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, videos, slides, or other similar photographic reproduction are regularly shown which are consistently distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

SPECIFIED ANATOMICAL AREA. Means either:

(a) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(b) Less than completely and opaquely covered human genitals, attached pubic hair, buttocks or a female breast below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITY. Means any one of the following:

(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(b) Sex acts, normal or perverted, actual, or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

(c) Excretory functions as a part of or in connection with any of the activities set forth in the definitions for ADULT ARCADE, ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE.

(Ord. 2022-17, passed 7-19-2022)

§ 154.062 BED AND BREAKFAST.

(A) A bed and breakfast must be operated according to applicable Johnson County Health Department requirements.

(B) A bed and breakfast must not contain more than five guest rooms plus a common area for use by all guests.

(C) A bed and breakfast establishment must be located only in a detached single-family dwelling, designed, and constructed for single family use, which containing at least 1,500 square feet of livable floor area. For each guest room more than two, an additional 100 square feet of floor area is required.

(D) The bed and breakfast must be the principal residence of the owner, who resides there when the bed and breakfast is in operation. If the owner is not in residence in the dwelling unit for 14 consecutive days or more, the bed and breakfast must be closed until the owner returns.

(E) Meals for guests are limited to breakfast and evening snack and must not be available to members of the public other than the owner's family.

(F) There must be at least one parking space provided for each guest room in addition to the parking spaces required to serve the principal residence.

(G) One sign, not exceeding four square feet, is allowed for identification purposes only. Sign lighting must be external and shielded from view off site. Internally lighted signs are not permitted.

(H) Cooking facilities are prohibited in bed and breakfast guest rooms.

(I) Exterior refuse storage facilities must be screened from view on all sides by a six-foot solid decorative fence or wall (see § 154.110(H)), or by other screening approved by the Board of Zoning Appeals.

(J) The maximum stay for any guest of a bed and breakfast is ten consecutive days, not to exceed a total of 30 days in any 12-month period. A guest register accurately showing the names of the guests and the dates and duration of their stays must be maintained by the owner and made available to the Administrator upon request.

(K) In addition to the site plan required by §§ 154.180 to 154.183, a floor plan of the dwelling unit and the use of each room must also be submitted with the special exception use application.

(Ord. 2022-17, passed 7-19-2022)

§ 154.063 CHILDCARE FACILITIES.

These standards apply to childcare facilities in all zoning districts where permitted and do not apply to childcare homes.

(A) A childcare facility must not be located on a lot with a property line within:

(1) One thousand feet of any known business that has a permit for hazardous materials or regulated substances, excluding underground fuel storage tanks;

(2) One thousand feet of any known business handling compressed flammable gases more than 1,500 pounds;

(3) One thousand feet of any known business handling flammable liquids more than 10,000 gallons;

(4) Five hundred feet of another childcare facility.

(B) Separation distance is measured from the property line of the proposed day care facility to the use, storage, or handling areas for the regulated substances. For businesses containing a childcare facility on site, the distance is measured from the exterior wall of the childcare facility to the area(s) containing the regulated substances.

(D) Drop-off and pick-up of children from vehicles is permitted only in driveways and approved parking areas and is not permitted in the public street directly in front of the facility.

(E) All outdoor play and activity areas must be enclosed with a fence at least four and one- half feet high.

(F) All outdoor play and activity areas must be separated from vehicular circulation and parking areas, equipment enclosures, storage areas, and refuse and recycling storage areas.

(Ord. 2022-17, passed 7-19-2022)

§ 154.064 DRIVE-THROUGH FACILITIES.

(A) The drive-up or drive-through facility must be attached to a building. An automated teller machine may be in a stand-alone structure with a canopy or roof to protect users from the elements.

(B) The facility must be screened from any adjacent residential district or use (see § 154.110(E)). Lighting must be limited and fully shielded to prevent glare and light trespass.

(D) A drive-through must have an escape lane to allow a vehicle to pass those waiting to be served. This requirement may be waived if the applicant can demonstrate that such a waiver will not adversely impact public safety or inconvenience patrons (see § 154.145).

(E) All drive-through service windows must be located on the side or rear of the building to minimize visibility from a public or private street.

(F) Amplified speakers and sound equipment must be located at least 60 feet from any adjoining residential district. Additional landscaping and fencing must be installed between the equipment and the adjoining residential district to minimize associated noise impacts.

(G) Stacking spaces must be provided per each drive through lane per § 154.112(D)(13).

(Ord. 2022-17, passed 7-19-2022)

§ 154.065 HELIPORTS AND HELIPADS.

(A) The proposed heliport and all accessory facilities and equipment must be constructed, operated, and maintained according to the published rules, regulations, and guidelines of the Federal Aviation Administration and the Indiana Department of Transportation, Aviation Programs Division.

(B) The proposed heliport and all accessory facilities and equipment must conform to NFPA Standard 418, Standards for Heliports, 2006 Edition, except for Section 9.1.2, exempting certain heliports from the requirement to be equipped with portable fire extinguishers, does not apply. Portable fire extinguishers are required at all heliports, located, and stored in a manner approved by the Fire Marshal.

(D) The touchdown and lift-off area (TLOF), as defined in Federal Aviation Administration Advisory Circular 150/5390-2B, or any successor advisory circular, must comply with the following minimum separation distances from:

(1) The boundary of any property zoned Industrial Marshal (I-1): 150 feet;

(2) The boundary of property in any other zoning district: 300 feet;

(3) A building on property, other than property owned by the applicant, zoned Industrial (I-1): 200 feet;

(4) A building on property in any other zoning district: 500 feet.

(E) A helicopter must not remain in operation on the ground for longer than necessary for startup/shutdown, loading and otherwise essential ground operations (generally no longer than five minutes).

(F) As a condition of special exception approval, the Board of Zoning Appeals may impose limits on:

(1) The size and type of rotorcraft permitted to use the facility;

(2) The allowable hours of use of the facility;

(3) The frequency of helicopter operations permitted at the facility; and

(4) The location, design, type, size, and use of any exterior lighting, buildings, fuel storage, or other equipment or facilities associated with the heliport.

(G) The provisions of this section do not apply to emergency operations conducted by law enforcement, public safety agencies, or emergency medical service providers.

(Ord. 2022-17, passed 7-19-2022)

§ 154.066 HOME OCCUPATIONS.

(A) Permit. Application for a home occupation permit is made to the Administrator, with payment of a fee established by the Town Council. The requirement for a permit is waived if all these conditions apply to the home occupation:

(1) The proposed home occupation will not employ any persons other than residents of the dwelling;

(2) The home occupation will not generate customers, clients, or visitors to the home; and

(3) All other provisions of this section shall be met.

(B) Standards. The following standards must be met for all home occupations:

(1) The use must be conducted entirely within the dwelling; a garage or accessory building may be used for a limited amount of storage of items associated with the home occupation, such as product samples for a salesperson.

(2) The use must be carried on only by the residents of the dwelling and no more than one other person.

(3) The use of the dwelling for a home occupation must be clearly accessory, incidental, and subordinate to the permitted principal residential use, and must not occupy more than 20% of the livable floor area of the principal dwelling, and not more than 50% any one floor.

(4) The appearance of the dwelling must not be altered. The occupation within the dwelling must be conducted so that the premises retains its residential character in use of colors, materials, construction, lighting or the emission of sounds, vibrations or light that carry beyond the premises.

(5) No outdoor storage, activities, or displays are permitted, except a wall sign, not exceeding one square foot and not illuminated, may be mounted on the front of the principal dwelling.

(6) No combustible, toxic, or hazardous materials may be used or stored on the premises relating to the home occupation.

(7) There must be no activity to interfere with radio or television transmission in the area, nor any offensive noise, vibrations, smoke, dust, odors, heat, or glare noticeable at or beyond the property line. The use must not create a nuisance for the public and any surrounding property.

(8) Traffic generated by the combined home and home occupation must be compatible with traffic normally expected in a residential district. Vehicles used in the home occupation or making deliveries must be no larger than utility vehicles commonly used for noncommercial purposes, i.e., pick-up trucks, vans, panel trucks, and parcel package delivery trucks.

(9) Retail sales are not permitted, except mail order or internet sales where the product sold is shipped directly to the buyer and no customers visit the home.

(10) The home occupation must only be open for customers or clients to visit the home on weekdays within the hours of 8:00 a.m. to 5:00 p.m., excluding holidays recognized by the Town of Bargersville.

(1) The Administrator may impose reasonable conditions to ensure compliance with the standards of this division and protect surrounding properties from potential nuisance effects associated with the home occupation.

(2) A permit for a home occupation is not transferrable to another location or any person other than the original applicant.

(3) The home occupation is subject to periodic inspection following reasonable notice to the permittee.

(4) Noncompliance. In the event any conditions of this division are not met, the Administrator will provide written notice of noncompliance and set a time limit for compliance or correction. If corrective action is not taken within the specified period, the home occupation permit will be revoked and the occupation ceases (see § 154.183).

(Ord. 2022-17, passed 7-19-2022)

§ 154.067 MANUFACTURED HOME PARKS.

These provisions apply to manufactured home parks in any zoning district.

(A) Manufactured home parks must be a minimum of five acres.

(B) Manufactured homes may be permanently occupied when located within a manufactured home park. Manufactured home parks require site plan approval and must be developed in accordance with the requirements of this chapter (see § 154.180(F)). Manufactured homes for permanent occupancy must meet the standards for the zoning district in which it is located and the following requirements:

(1) An improvement location permit is required for the placement of any manufactured home;

(2) A manufactured home must not be located under overhead electric lines;

(3) Manufactured homes must be skirted before occupancy;

(4) Accessory structures for storage on individual sites must meet setback requirements and require an Improvement location permit;

(5) Driveways must be located for convenient access to service entrances and collection points of buildings;

(6) Parking for residents and visitors must be provided on the manufactured home site or in common parking facilities. Parking areas must not interfere with pedestrian walkways;

(7) Sidewalks at least five feet wide must be provided along both sides of the street to provide continuous, safe pedestrian circulation. Walkways are encouraged in common areas to connect frequently used public facilities and improve circulation throughout the site;

(8) A storage area of at least 120 square feet must be provided for each dwelling unit. This storage area may consist of a closet area, attic, or in a detached accessory building comply with the provisions of this chapter;

(9) Covenants applying to the entire site must be submitted with the site plan application. The covenants must be recorded prior to issuing an improvement location permit for the site. The covenants must contain the following:

(a) Each occupant of a manufactured home site must be provided a copy of the recorded covenants.

(b) The placement or replacement of a manufactured home must comply with the requirements of this chapter.

(d) The manufactured home park owner is responsible for ensuring all sites and common areas are maintained in neat and orderly condition.

(e) On-street parking of boats, trailers, semi-trucks, etc. is prohibited.

(Ord. 2022-17, passed 7-19-2022)

§ 154.068 OUTDOOR SALES DISPLAY.

(A) Any proposed outdoor sales display must be delineated on an approved site plan and in accordance with the following:

(1) The site plan must include the types of merchandise and products, location, landscaping, and other improvements of the outdoor sales display area.

(2) Pedestrian circulation areas must not be obstructed.

(3) Outdoor sales display areas must be delineated and compatible with the design of the building and the context of the site.

(4) Enhanced screening or landscaping ensuring the compatibility of the proposed use with adjoining areas may be required.

(5) Approval of an amendment to the site plan is required prior to altering an outdoor sales display area.

(B) The following uses are exempt from the outdoor sales display requirements:

(1) Automobile dealerships, and other similar uses as determined by the Administrator or Plan Commission.

(2) Outdoor sales displays that otherwise comply with the outdoor storage standards above.

(3) Merchandise associated with a temporary use or event.

(Ord. 2022-17, passed 7-19-2022)

§ 154.069 OUTDOOR EATING AREAS.

Outdoor cafes and eating areas in any zoning district are subject to these standards.

(A) Town Council approval is required if any portion of the outdoor eating area encroaches into a public sidewalk or right-of-way.

(B) All outdoor eating areas must conform to State and County Health Department regulations and code.

(C) Music and other audio devices must be maintained at a level inaudible 40 feet from the source or 90 decibels or less when measured six feet from source.

(D) Outdoor eating areas must not impede pedestrian traffic or force pedestrians into vehicle travel lanes. A five-foot pedestrian access area must be maintained on the perimeter of the outdoor cafe and eating area. The pedestrian access area must remain clear of obstructions.

(E) Outdoor eating areas used for more than seven days in a calendar year are deemed permanent. Permanent outdoor cafes and eating areas require § 154.180(G) to ensure compliance with this chapter and compatibility with the surrounding area and zoning district.

(Ord. 2022-17, passed 7-19-2022)

§ 154.070 OUTDOOR STORAGE.

(A) Outdoor storage is only permitted as a special exception use, accessory to principal uses in the C-3 and I-1 Districts.

(B) The outdoor storage area must be fenced on all sides (see § 154.110(H)).

(C) Any side that is visible to adjoining properties in a residential district, parking lots or abutting streets must be screened according to the requirements of § 154.110(H).

(D) If approved as part of the special exception use, the required screening may be comprised of suitable plant material, if determined the alternate materials will provide the same level opacity, screening, and compatibility with adjoining properties as a fence or wall.

(Ord. 2022-17, passed 7-19-2022)

§ 154.071 SHORT-TERM RENTALS.

(A) These standards are intended to ensure compatibility between short-term rentals and the residential character of the surrounding neighborhood. Short-term rentals must meet the standards contained in this chapter and be operated so the average neighbor, under normal circumstances, is not aware of their existence.

(B) The following circumstances do not constitute a short-term rental:

(1) Family occupancy. Any member of a family and the family's guests may occupy a dwelling if owned by the family. Family occupancy extends to guest houses or similarly separate dwellings legally located on the same premises as the primary building and used without remuneration to the owner.

(2) House sitting. During the temporary absence of the owner and the owner's family, the owner may permit non-owner occupancy without remuneration to the owner.

(3) Dwelling sales. Occupancy of up to 90 days after closing by a prior owner after the sale of a dwelling is permitted.

(4) Estate representative. Occupancy by a personal representative, trustee, or guardian of the estate, with or without remuneration is permitted.

(1) When provided off-street parking must occur only on designated paved portions of the lot, such as driveways.

(2) Rental of the dwelling is done in a manner consistent with the character of the surrounding neighborhood.

(3) The owner provides the renter the following information prior to occupancy and posts this information in a conspicuous location within the dwelling:

(a) Notification of the maximum occupancy permitted in the dwelling;

(b) The name and telephone number of the contact person who may be reached any time the dwelling is rented;

(d) A copy of this chapter, as amended; and

(e) Notification that a renter may be cited or fined by the town, in addition to any other remedies available at law, for violating any provisions of this chapter.

(4) The owner's contact person must always be available to accept calls when the dwelling is rented. The contact person must have a key to the dwelling and be capable of being physically present at the dwelling within three hours to address issues.

(5) The appearance of the dwelling must not conflict with the residential character of the neighborhood. The dwelling must be properly maintained and kept in good repair, so the use does not detract from the general appearance of the neighborhood.

(6) Renters must not encroach on neighboring properties.

(7) The premises must be maintained free of debris and unwholesome substances. Garbage must be kept in a closed container and disposed of on a regular, weekly schedule.

(8) Renters must not create a nuisance. For purposes of this chapter, a nuisance includes, but is not limited to, any activity that violates the town noise regulations or fireworks regulations.

(9) Short-term rentals must not be used to house sex offenders; operate a structured sober living home; manufacture, exhibit, distribute, or sell illegal drugs, liquor, pornography, or obscenity; or operate an adult business as defined in I.C. 12-7-2-1.8.

(10) A short-term rental permit is required prior to the use of any property as a short-term rental. Any change in the use or construction of a dwelling resulting in noncompliance with town or state standards, as determined by the Administrator, will void the short-term rental permit approval.

(Ord. 2022-17, passed 7-19-2022)

§ 154.072 SMALL CELL FACILITIES.

(A) Small cell facilities must be operated and maintained in a manner that does not interfere with public safety (police, traffic control, fire, and emergency services) equipment.

(B) If the Administrator determines a wireless provider's activity in the right-of-way creates an imminent risk to public safety, the Administrator may provide written notice to the wireless provider demanding correction of the risk. If the wireless provider fails to address the risk within 24-hours of the notice, the town may act to address the risk and charge the wireless provider the documented cost of such actions.

(C) Permitted use. A wireless provider has the right as a permitted use (subject to review and conditions) to collocate small cell facilities and install, maintain, modify, operate, and replace poles in the right-of-way. Structures and facilities must be installed and maintained to not create a safety hazard, obstruct or hinder the public's safe use of the right-of-way, or obstruct the legal use of the right-of-way by utilities.

(D) Permit requirements.

(1) A permit is required prior to collocating a small cell facility or installing a new, modified, or replacement pole or support structure associated with a small cell facility. The town may require an applicant to obtain additional permits provided the additional permits do not apply exclusively to small cell facilities. If a wireless provider fails to comply with the permit requirements, the town, in its sole discretion, may restore the right-of-way to its prior condition and charge the wireless provider the documented cost of restoration, plus a penalty not to exceed $1,000.

(2) Within rights-of-way under the control of the Indiana Department of Transportation (INDOT), the wireless provider requests the town's written consent to the wireless provider's application for an INDOT permit. The town cannot unreasonably withhold their consent.

(3) Applications required by this article are filed with the Administrator on forms provided by the Administrator in the number and manner designated. The applicant may designate portions of the application containing proprietary or confidential information by clearly marking each such page as "proprietary" or "confidential". The town endeavors to protect the designated materials from public disclosure to the fullest extent permitted by state law.

(Ord. 2022-17, passed 7-19-2022)

§ 154.073 SOLAR ENERGY CONVERSION SYSTEMS AS ACCESSORY USES.

(A) Solar energy systems are a permitted accessory use in all zoning districts, subject to the requirements of this section. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building. Ground-mounted systems do not count toward the maximum number of accessory structures permitted.

(B) Solar energy systems must meet the following height requirements:

(1) Building or roof-mounted solar energy systems cannot exceed the maximum height allowed in the zoning district where the solar energy system is located. For purposes of height measurement, solar energy systems other than building-integrated systems are permitted the same height exceptions as building-mounted mechanical equipment.

(2) Ground- or pole-mounted solar energy systems cannot exceed 15 feet in height when oriented at maximum tilt.

(3) Solar carports in non-residential districts cannot exceed 20 feet in height.

(C) A solar energy system must meet the accessory structure setback for the zoning district where it is located and the requirements below.

(1) Roof- or building-mounted solar energy systems. The collector surface and mounting devices for roof-mounted solar energy systems cannot extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems is allowed to extend beyond the perimeter of the building on a side yard. Solar collectors mounted on the sides of buildings and serving as awnings are considered building-integrated systems and are regulated as awnings.

(2) Ground-mounted solar energy systems. Ground-mounted solar energy systems cannot extend into a side or rear yard setback when oriented at minimum design tilt.

(D) Solar energy systems in residential districts must minimize visual impacts from the public right-of-way to the extent that doing so does not adversely affect the cost or efficacy of the system, consistent with I.C. 36-7-2-8.

(1) Building-integrated photovoltaic systems. Building-integrated photovoltaic solar energy systems are allowed even if the system is visible from the public right-of-way. If the building component where the system is integrated meets all required setback, land use, or performance standards for the district where the building is located.

(2) Aesthetic restrictions. Roof-mounted or ground-mounted solar energy systems cannot be restricted for aesthetic reasons if:

(a) The system is not visible from the closest edge of any public right-of-way other than an alley.

(b) Roof-mounted systems on pitched roofs visible from a right-of-way have the same pitch as the roof and are no more than ten inches above the roof.

(c) Roof-mounted systems on flat roofs visible from a right-of-way are not more than five feet above the finished roof. Such systems are exempt from any rooftop equipment or mechanical system screening requirements.

(3) Reflectors. Solar energy systems using a reflector to enhance solar production must minimize the glare from the reflector onto adjacent or nearby properties.

(E) A ground-mounted system must meet the lot coverage requirements for the zoning district where it is located except:

(1) Ground-mounted systems are exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted.

(2) Solar carports in non-residential districts are exempt from lot coverage limitations.

(F) Solar energy systems requiring a building permit or improvement location permit must provide a site plan with the permit application.

(G) Electric solar energy system components must have an Underwriters Laboratory (UL) or equivalent listing and solar hot water systems must have a Solar Rating and Certification Corporation (SRCC) or equivalent rating.

(H) Solar energy systems require approval of local building code officials, consistent with the State of Indiana Building Code. Solar thermal systems must comply with HVAC-related requirements of the Energy Code and applicable Indiana State Plumbing Code requirements. Photovoltaic systems must comply with the Indiana State Electric Code.

(I) For grid-tied solar energy systems, the interconnection application must be submitted to the utility prior to applying for required town permits. Off-grid systems are exempt from this interconnection application requirement.

(Ord. 2022-17, passed 7-19-2022)

§ 154.074 SOLAR ENERGY CONVERSION SYSTEMS AS PRIMARY USES.

The town permits the development of commercial- and large-scale solar energy systems where they present few land use conflicts with current and future development patterns, and they meet the requirements below.

(A) Site design.

(1) Setbacks. Large-scale solar arrays must meet the following setback requirements:

(a) The setback from a non-participating landowner's property line must meet the setback for principal buildings or structures for the district where the system is located.

(b) Setbacks between parcels participating in the project may be waived upon agreement of the landowners.

(d) Setbacks from residential dwellings: 150 feet from any existing residential dwelling unit of a non-participating landowner. Setbacks from participating landowner dwelling units must meet building setbacks or required yards for the district where the project is located.

(e) The setback distance is measured from the edge of the solar energy system array, excluding security fencing, screening, or berming.

(f) Setbacks may be reduced by up to 50%, but in no case be less than 30 feet, if the array has a landscape buffer that screens the array from view.

(2) Screening. Large-scale solar energy systems must be screened from existing residential dwellings. A landscape plan showing the type and extent of proposed screening is required as part of the site plan application. The screening must be consistent with the town's buffer landscaping standards used when for land uses requiring screening.

(3) Height. Large-scale solar energy systems cannot exceed a height of 20 feet.

(4) Ground cover and buffer areas. Large-scale ground-mounted solar energy systems must comply with the following standards. The town may require additional site-specific conditions.

(a) The ground under and around solar panels and within the buffer areas must be planted, established, and maintained in perennial vegetated ground cover.

(b) To the maximum extent feasible for the site conditions, the ground cover should be a diverse seed mix of native species specific to the local area. The applicant should seek guidance from a landscape architect, the Soil and Water Conservation District Office, or the Indiana Native Plant Society.

(c) The owner/operator must maintain the ground cover removing invasive or noxious plant species identified by the Indiana Invasive Species Council without harming perennial vegetation.

(d) Solar energy systems proposing to install, establish, and maintain pollinator-friendly vegetative cover must demonstrate the quality of their habitat by using guides such as Purdue University 2020 Indiana Solar Site Pollinator Habitat Planning Scorecard, or other third party solar-pollinator scorecards designed for Midwestern ecosystems, soils, and habitat.

(e) Projects certified and maintained as pollinator-friendly compliant are exempt from landscaping requirements and post-construction stormwater management controls that may be otherwise required under the town's development regulations, unless required due to written commitments or conditions of approval by the Plan Commission or the BZA.

(5) Foundations. The application for building permits must include a certification by a qualified engineer that the design of the solar panel racking, and support is within accepted professional standards, given local soil and climate conditions.

(6) Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings must be buried underground. Power and communication lines between the project and the point of interconnection with the transmission system may be overhead.

(7) Barbed wire or woven wire fencing are not permitted as perimeter fencing for the site. Wildlife-friendly fencing designs that include clearance at the bottom of the fence are preferred. Alternative fencing can be used if the site is incorporating agrivoltaics.

(B) Large-scale solar projects are subject to the town's stormwater management, erosion, and sediment control provisions and Nonpoint Pollution Discharge Elimination System (NPDES) permit requirements. Solar collectors are not considered impervious surfaces if the project complies with ground cover standards described in this article.

(C) Large-scale solar projects must comply with all applicable local, state and federal regulatory codes, including the State of Indiana Uniform Building Code, as amended, and the National Electric Code, as amended.

(D) Site plan required. Site plan approval is required for large-scale solar projects. The site plan must show the locations of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands, and other protected natural resources, topography, electric equipment, and all other characteristics requested by the town. The site plan should show all zoning districts and overlay districts.

(E) Decommissioning. A decommissioning plan is required to ensure that facilities are properly removed after their useful life.

(1) Decommissioning of the system occurs if the project does not produce power for 12 consecutive months. An owner may petition for an extension of this period upon showing of reasonable circumstances causing the delay in the start of decommissioning.

(2) The decommissioning plan identifies provisions for removing all structures and foundations to a depth of 48 inches, restoring soil and vegetation, and assurances that financial resources will be available to fully decommission the site.

(3) The Plan Commission or Administrator may require the posting of a bond, letter of credit, or other financial surety to ensure proper decommissioning.

(Ord. 2022-17, passed 7-19-2022)

§ 154.075 TEMPORARY USES.

Except for garage and yard sales, a permit is required for all uses regulated by this section. A permit application and required fee is submitted to the Administrator for each proposed temporary use. The uses in this section are subject to the town's special event policy and itinerant merchant regulations. Town Council approval is required is required for any temporary use that encroaches into any public right-of-way.

(A) Construction buildings. Construction buildings and structures incidental to construction work on a lot may be placed according to the following:

(1) Construction buildings and structures may only be used for the storage of materials, tools, supplies, and equipment, for construction management and supervision offices, and for temporary on-site sanitation facilities related to construction activity on the lot. An enclosed structure for temporary sanitation facilities is required on all construction sites.

(2) No construction building or structure may be used as a dwelling unit.

(3) A permit must be obtained from the Administrator prior to installation of a construction building or structure.

(4) Construction buildings and structures must be removed from the site within 15 days after an occupancy permit is issued for the permanent structure by the Administrator, or within 15 days after the expiration of a building permit issued for construction on the lot.

(B) Garage and yard sales.

(1) A garage or yard sale may be conducted on any premises up to three times each calendar year for up to three consecutive days for each sale.

(2) The sale of goods or products purchased exclusively for resale, or the sale of consignment goods and products, is prohibited.

(3) The garage or yard sale must only be conducted between the hours of 8:00 a.m. and 5:00 p.m.

(4) All personal property, goods, and products exhibited during the sale must be removed from the outside and placed within a fully enclosed building at the end of each day of the sale. At the conclusion of the sale, all signs must be removed within 24 hours.

(1) A permit must be obtained from the Administrator prior to installation or construction. The permit must specify the location of the office and is valid for up to one year. A temporary permit may be renewed by the Administrator for up to two successive one-year periods at the same location, if determined the temporary building is still necessary.

(2) Only transactions related to the development where the temporary building is located may be conducted within the building. General offices for real estate, construction, development, or other related businesses associated with the project are not permitted.

(D) Seasonal sales. The temporary outdoor sale of seasonal goods such as, fireworks, Christmas trees, and landscaping material must meet the following requirements:

(1) The duration of the sales activity must be specified in the required license application.

(2) All signs, stands, structures, displays, merchandise, or other physical components associated with the sale must be set back a minimum of 25 feet from the street right-of-way line and all adjoining property lines.

(3) Off-street parking must be provided in an amount determined by the Administrator to be consistent with other similar uses listed in § 154.112. All required parking must be on a paved surface.

(4) Hours of operation must not extend later than 9:00 p.m.

(5) Outdoor lighting must be approved by the building official and lighting levels must be reduced during nonbusiness hours to provide sufficient light for security purposes but not create glare or light spill onto adjoining streets or properties.

(E) Sidewalk sales.

(1) A maximum of two events may be held per calendar year for no more than 14 consecutive days for each event, unless otherwise specifically permitted in this subsection. These requirements do not apply to flea markets.

(2) The location of any sign, stand, structure, display, merchandise, or other physical component associated with the sidewalk sale shall not:

(a) Obstruct more than 50% of the width of the public sidewalk;

(b) Obstruct the clear vision triangle, as specified in § 154.099; and

(3) All items for sale, signs, stands or temporary structures associated with a sidewalk sale must be removed and placed inside the store upon close of business each day.

(F) Temporary storage units.

(1) Registration of temporary storage units.

(a) Prior to the initial delivery of a temporary storage unit, the property owner, occupant of the premises (if not the owner), or storage unit supplier must register the placement of the storage unit with the Administrator unless the storage unit will be removed within 72 hours of its delivery.

(b) Registration requirements.

1. Completing the required application form and providing the property owner's or occupant's (if not the owner) name, size of the temporary storage unit to be registered, the address where the storage unit will be placed, delivery date, removal date, and a sketch illustrating the location and placement of the storage unit;

2. Written approval of the application by the Administrator;

3. The effective date of the registration is the date of the application's approval.

(2) Placement requirements.

(a) Placement of a temporary storage unit on property located within the Town of Bargersville requires registration with the Administrator.

(b) Temporary storage units must only be placed upon or within a driveway or a parking area or, if access exists at the side or rear of the lot, the side or rear yard.

(c) No temporary storage unit may be placed upon or within a street, sidewalk, street right-of-way or lawn area between the edge of pavement and sidewalk.

(d) The temporary storage unit must not be located at the registered address for more than ten consecutive days, including the days of delivery and removal. If the unit is needed to for cleanup and/or restoration of activities resulting from natural disasters, fire, or remodeling, the unit may be located on the property for up to 90 consecutive days.

(e) Each lot may contain two storage units at once and a maximum of one registration in any 12-month period.

(f) The temporary storage unit must not exceed 200 square feet.

(g) The temporary storage unit must be secured to not endanger the safety of people or property near the unit.

(h) The temporary storage unit must be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.

(i) A temporary storage unit must not be used for human occupancy or to store solid waste, business inventory, commercial goods, goods for property other than the property where the storage unit is located, or any other illegal or hazardous material. Upon reasonable notice, the Administrator may inspect the contents of any temporary storage unit at to ensure compliance with these requirements.

(j) Any temporary storage unit not removed at the end of the registration period, may be removed by the town immediately, without notice, and with the cost of removal assessed against the property where the unit was located.

(k) A sign identifying the storage unit supplier, mounted on the temporary storage unit, does not require a sign permit provided the storage unit complies with this section and all other applicable codes.

(Ord. 2022-17, passed 7-19-2022)

§ 154.076 VEHICLE STORAGE.

(A) Recreational vehicle parking and storage.

(1) Parking any recreational vehicle on any street, alley, highway, or other public place is not allowed in the town. A recreational vehicle cannot be used as a dwelling.

(2) In any residential or agricultural district, a recreational vehicle may be stored inside a garage or barn or stored outdoors on a paved area located behind the front building facade and outside of the required side yard and rear yard setbacks.

(3) A recreational vehicle may be parked on a paved area in the front yard for up to 48 consecutive hours for loading, unloading, cleaning, packing, unpacking, or similar maintenance or preparations.

(4) Temporary occupancy of a recreational vehicle for up to 48 hours in any 30-day period may be permitted if the recreational vehicle contains sleeping accommodations, is parked on a paved surface on a lot in a residential district and is for the use of the owner of that lot or guests of the owner.

(B) Storage and repair of vehicles.

(1) The repair, restoration, and maintenance of vehicles in any residential district must be conducted entirely within an enclosed building, except for activities are completed in less than 24 hours. All this repair must take place on private property and may not be conducted within the public right-of-way.

(2) Open storage or parking of all or part of any inoperable motor vehicle, machinery, or equipment, outside of an enclosed garage or building, is not allowed for more than 48 hours. For the purposes of this section, an inoperable motor vehicle includes any motor vehicle incapable of being propelled under its own power, is unsafe for operation on the streets and highways of this state or does not have a current license and registration as required for operation by the Indiana Bureau of Motor Vehicles.

(3) Semi-truck tractors and/or semi-truck trailers, bulldozers, earth carriers, cranes or similar equipment or machinery cannot be stored or parked outside a building unless parked for purposes of construction on that lot, except that a semi-truck tractor may be parked in a driveway of a residential district for up to 48 hours in any 30-day period.

(4) In the AG District, the owner, tenant, or lessee of any lot may openly store or park semi-truck tractors and/or semi-truck trailers outside of a building for up to 20 days within any 30-day period. Those vehicles must be parked so vision of drivers is not impaired on or entering adjacent streets.

(Ord. 2022-17, passed 7-19-2022)

§ 154.077 WIND ENERGY CONVERSION SYSTEMS AS ACCESSORY USES.

(A) Wind energy conversion systems (WECS) are a permitted accessory use in all zoning districts, subject to the requirements of this article. Wind energy conversion systems do not count toward the maximum number of accessory structures permitted. Most of the energy produced by an accessory WECS should be consumed only on the property where it is located.

(B) As accessory uses WECS must be:

(1) Installed on a certified tubular free-standing tower, a lattice tower, or a monopole tower. Towers may be guyed or self-supporting;

(2) Filtered, shielded, or otherwise designed and constructed to not cause electro-magnetic interference;

(3) Grounded to protect against lightning strikes;

(4) Designed with automatic over speed control to render the system inoperable when winds are blowing at higher speeds than the machine's capability;

(5) Equipped with a redundant breaking system, including both aerodynamic over speed controls and mechanical breaks. Mechanical brakes must be operated in a fail-safe mode. Stall regulation is not a sufficient braking system for over speed protection.

(C) The WECS owner and operator must make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.

(D) A WECS must be setback from property lines at least 120% of the total height of the WECS.

(E) A WECS must comply with the maximum height limitation for the zoning district where it is located.

(F) WECS must be white, light gray, or another non-obtrusive color. Blades may be black to facilitate de-icing. Finishes must be matte or non-reflective and meet Federal Aviation Administration color requirements. No advertising or signage is allowed on a WECS.

(G) A WECS requires an improvement location permit. The permit application includes a site plan and a description of the project addressing: the number and type of turbines, generating capacity, tower design and height, blade arc diameter, total height, means of connection with the electrical grid, potential equipment manufacturers, and all related accessory structures. The manufacturer's engineer or another qualified professional engineer must certify that the turbine, foundation, and tower design are within accepted professional standards given local soil and climate conditions.

(H) Electric WECS components must have an Underwriters Laboratory (UL) or equivalent listing.

(I) Wind energy conversion systems require approval of local building code officials, consistent with the State of Indiana Building Code.

(J) For grid-tied WECS, the interconnection application must be submitted to the utility prior to applying for required town permits. The WECS must be designed to meet the utility's requirements for interconnection and operation. Automatic and a manual controls that render the system inoperable in case of loss of utility power is required. Off-grid systems are exempt from these requirements.

(Ord. 2022-17, passed 7-19-2022)

§ 154.078 WIND ENERGY CONVERSION AS A PRIMARY USE.

The town permits the development of commercial wind energy conversion systems (WECS) where they present few land use conflicts with current and future development patterns.

(A) As a primary use WECS must meet the requirements below.

(1) WECS must conform to all industry standards. The applicant must submit certificates the wind turbine manufacturers have obtained from Underwriters Laboratories or an equivalent third party.

(2) WECS must be:

(a) Installed on a certified tubular free-standing tower, a lattice tower, or a monopole tower. Towers may be guyed or self-supporting;

(b) Filtered, shielded, or otherwise designed and constructed to not cause electromagnetic interference;

(d) Designed with automatic over speed control to render the system inoperable when winds are blowing at higher speeds than the machine's capability;

(e) Equipped with a redundant breaking system, including both aerodynamic over speed controls and mechanical breaks. Mechanical brakes must be operated in a fail-safe mode. Stall regulation is not a sufficient braking system for over speed protection;

(f) Designed with and automatic and manual control that will render the system inoperable in case of loss of utility power to prevent the WECS from supplying power to a de-energized electrical distribution grid;

(g) Designed to meet the requirements for interconnection and operation as mandated by the utility managing the electrical grid where the WECS is connecting. All structures, substations, feeder lines, facilities, and accessory equipment must comply with the National Electrical Code and operate per the electrical utility's service regulations applicable to WECS.

(3) Outside of a primary structure, the sound pressure levels from a WECS component must not exceed 32 decibels on the "A" weighted scale. This level may only be exceeded during short-term events such as utility outages or severe windstorms.

(4) The WECS owner and operator must make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.

(5) All lighting, including lighting intensity and frequency of strobe, must adhere to but not exceed the requirements established by the Federal Aviation Administration (FAA) permits and regulations. Except for lighting required by the FAA, lighting must be shielded so that no glare extends beyond the WECS.

(6) At least 20 feet of clearance is required between the ground and the lowest point of the arc of any protruding blades utilized on a WECS. This minimum clearance may be increased to provide additional clearance where oversized vehicles may travel.

(7) The maximum tower height and maximum total height cannot exceed the maximum height permitted by the FAA.

(8) Wind turbines must be setback from property lines and rights-of-way at least 120% of the total height of the structure. A minimum separation of 2,640 feet is required between a wind turbine and any non-applicant primary building. No new structure may be constructed within 800 feet of a wind turbine unless this requirement is waived by the Plan Commission upon a determination that the structure will not affect the WECS performance. Accessory structures associated with the WECS must meet the setbacks for primary structures for the zoning district where they are located.

(9) WECS must be white, light gray, or another non-obtrusive color. Blades may be black to facilitate deicing. Finishes must be matte or non-reflective and meet Federal Aviation Administration color requirements. No advertising or signage is allowed on a WECS.

(10) For all guyed towers, visible and reflective objects (such as plastic sleeves, reflectors, or tape) are required on the guy wire anchor points and along the outer- and innermost guy wires to a height at least eight feet above the finish grade.

(B) WECS are subject to the town's stormwater management, erosion, and sediment control provisions and nonpoint pollution discharge elimination system (NPDES) permit requirements and all applicable local, state, and federal regulatory codes, including the State of Indiana Uniform Building Code, as amended, and the National Electric Code, as amended.

(C) Site plan approval required. A WECS requires site plan approval by the Plan Commission. In addition to the site plan requirements of § 154.180(G), the application must include a description of the project addressing: the number and type of turbines, generating capacity, tower design and height, blade arc diameter, total height, means of connection with the electrical grid, potential equipment manufacturers, and all related accessory structures. The site plan must show the location of all underground utility lines associated with the WECS project. The manufacturer's engineer or another qualified professional engineer must certify that the turbine, foundation, and tower design are within accepted professional standards given local soil and climate conditions. If there is an existing WECS within one mile of the proposed WECS, a description of the potential impacts on the existing WECS and wind resources on adjacent properties is required.

(D) Several WECS projects may be submitted as a single application and reviewed under joint proceedings, including notices, hearings, reviews, and approvals.

(E) Modification. Any physical modification to a WECS that alters the mechanical load, mechanical load path, or major electrical components requires new site plan approval prior to making any physical modifications. Like-kind replacements are considered maintenance and do not require site plan approval.

(F) Decommissioning. A decommissioning plan is required to ensure that facilities are properly removed after their useful life.

(3) The Plan Commission or Administrator may require the posting of a bond, letter of credit, or other financial surety to ensure proper decommissioning.

(Ord. 2022-17, passed 7-19-2022)

§ 154.079 WIRELESS COMMUNICATION FACILITIES.

(A) Required approvals. The placement of wireless communications facilities and towers shall meet the following approval requirements:

(1) Installation of new antenna. The installation of new antennas on existing towers, including legal nonconforming towers, and existing alternative structures (such as water towers, buildings, or church steeples) may be approved by the Administrator subject to all requirements of this section. Any new antenna that will add either 10% or 25 feet, whichever is less, above the highest point of any existing tower or alternative structure is subject to the provisions of this article for the installation of new towers.

(2) Installation of a new tower. The installation of any new tower is reviewed as a special exception use by the Board of Zoning Appeals.

(3) Installation of new accessory structures. The installation of new accessory structures, such as equipment buildings, to support the installation of additional antennas on existing towers, or alternative structures may be approved by the Administrator.

(B) Removal. Any tower unused or left abandoned for 12 consecutive months must be removed by the property owner at his or her expense. Regardless of the tower ownership, the property owner is responsible for removal. Upon the request of the Administrator, the operator of any facility to which this section applies must provide documentation of the use of that facility for the purpose of verifying any abandonment.

(C) Interference with public safety facilities. No new wireless communications facilities or tower will result in any interference with public safety telecommunications.

(D) Required documentation for all facilities. In addition to the requirements provided in this chapter for receipt of special exception use approval, applications for new towers, new antenna, and new related facilities must include the following. Where the equipment is mounted on an existing building, the comparable information for that structure shall be provided.

(1) Engineer's report. A report from a professional engineer licensed in the State of Indiana that:

(a) Describes the height and design of any new tower and/or antenna including a cross-section, latitude, longitude, and elevation;

(b) Describes or updates (in the case of new antenna) the tower's capacity, including the type and number of antenna it can accommodate;

(c) Certifies compliance of the construction specifications with all applicable building codes (including, the foundation for the tower, anchors for the guy wires if used, co-location, and strength requirements for natural forces; ice, wind, earth movements, etc.);

(d) Certifies that the facility will not interfere with established public safety telecommunication facilities; and

(e) Includes the engineer's seal and registration number.

(2) Letter of intent. A letter of intent committing the tower owner, property owner, antenna owners, and their successors to allow the shared use of the tower.

(3) Proof of compliance. Copies of any required approvals from the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and all other appropriate state and federal agencies.

(4) Removal affidavit. A letter committing all parties, including the property owner and his or her successors, to remove the tower and all related accessory structures, fences, landscaping, and equipment if the tower is abandoned (unused for 12 consecutive months). The removal affidavit must be recorded in the Office of the Johnson County Recorder, with a copy of the recorded affidavit provided to the Administrator.

(E) Determination of new tower need. Any proposal for a new telecommunications tower will only be approved if the applicant submits verification from a professional engineer licensed in the State of Indiana stating the antennas planned for the proposed tower cannot be accommodated on any existing or approved towers or other structures within a two-mile radius of the proposed tower location due to one or more of the following reasons:

(1) Inadequate structural capacity. The antennas would exceed the structural capacity of the existing or approved tower or other structure.

(2) Interference. The antennas would cause interference impacting the usability of other existing or planned equipment at the tower site.

(3) Inadequate height. The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at the height necessary.

(4) Land availability. Additional land area is not available (when necessary).

(F) Design requirements for new towers and related facilities. All telecommunications facilities must meet the following design requirements:

(1) Lighting. Tower lighting must only be installed as required for safety or security reasons or as required by the FAA or other federal or state authority. All ground level security lighting must be oriented inward to not to project onto surrounding properties and must have 90-degree cut-off luminaries (shielded downlighting).

(2) Co-location. All telecommunication towers must be designed, and engineered structurally, electrically and in all respects to accommodate both the applicant's equipment and at least one additional user for every 50 feet in total tower height exceeding 75 feet.

(a) Each additional user is assumed to have an antenna loading capability equal to that of the initial user.

(b) Towers must be designed to allow for rearrangement of antennas and to accept antennas mounted at varying heights.

(3) Height. All towers and antenna must conform to all FAA tall structure requirements. The maximum height of all accessory structures is 15 feet.

(4) Signs. Signs for all telecommunications facilities are permitted up to a total of four square feet per user and must only be located on the security fence or the wall of accessory equipment buildings within the security fence.

(G) Site requirements for new towers and related facilities. All telecommunications facilities must meet the following site requirements:

(1) Vehicular access. Vehicle access drives may be gravel or paved and must be located within an access easement that is a minimum of 20 feet in width. Any portion of the entrance located in a public right-of-way must meet the applicable public street or road design, construction, and pavement requirements of the jurisdiction responsible for that street.

(2) Site area. The lot (or lease area) where the tower is located must be large enough to accommodate all future anticipated accessory structures needed by future antenna users. The size of the site must also sufficient to allow the location of one additional tower and associated support facilities.

(a) The arrangement of the initial tower and the topography of the site is considered in determining the sufficiency of the site area.

(b) The width of the tower site cannot be less than the height of the tower and the depth of the tower site cannot be less than the tower height. The tower must be placed within the property, so it is no closer to any lot line than 50% of the tower height.

(3) Setback. The required setbacks for related accessory facilities are as follows:

(a) Side and rear setback. The minimum side and rear setback for all buildings and related facilities, including the security fence is 25 feet.

(b) Front setback. The minimum front setback for all buildings and related facilities is as specified by this chapter for the zoning district where it is located. No part of a wireless telecommunications facility, including the security fence, and any required guide wires or bracing is permitted in any required front setback.

(c) Additional setback from residential zoning districts. No tower may be placed closer than 150% of the total height of the tower or 200 feet, whichever is greater, to any surrounding property in a residential district.

(d) Additional landscaping. Landscape screening may be provided in the setback area.

(4) Encroachment. No part of any telecommunications facility nor associated lines, cables, equipment, wires, or braces may extend across or over any part of a public right-of-way, sidewalk, or property line.

(5) Fencing. An eight-foot-high security fence must surround the tower and accessory equipment building site. Barbed wire, concertina wire, or sharpened stakes, if used, must be at least six feet above grade. An area ten feet in width must remain outside of the fence for the purpose of providing the landscape screening described below.

(H) Landscape screening. In addition to the landscaping required in § 154.110, evergreen buffer plantings must be located and maintained around the outermost perimeter of the security fence of all wireless communications facilities. The landscape plan for the site must provide plants in number and design to provide a screen of the fence, all equipment, and the base of the tower, as determined by the Board of Zoning Appeals. A combination of trees and shrubs is encouraged. The maximum spacing of evergreen shrubs is five feet on center. The maximum spacing of evergreen trees is ten feet on center.