Elkhart City Zoning Code
WIRELESS COMMUNICATIONS
§ 151.250 GENERAL PROVISIONS.
(A) Intent. To encourage the orderly development of wireless communication technologies throughout the city while controlling the proliferation of communication towers. Particular emphasis should be to promote the collocation of wireless communication facilities. This subchapter shall not apply to amateur television or radio towers attached to primary structures or to free-standing amateur television or radio towers that are 35 feet in height or less, as measured from grade to the highest point of the antenna.
(B) Requirements. The following requirements apply to all wireless communications facilities regardless of location and are to be supplemented with the specific requirements set forth below.
(1) The location of any wireless communication facility shall comply with other applicable standards of the zoning ordinance not specifically indicated in this subchapter, including but not limited to those for floodplains and wetlands.
(2) All wireless communication facilities, with the exception of television and radio towers, shall be fully automated, shall not require attention on a daily basis and shall be visited only for periodic and necessary maintenance or emergencies.
(1979 Code, § 151.210) (Ord. 4370, passed 7-20-1998; Am. Ord. 4457, passed 12-6-1999)
§ 151.251 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
WIRELESS COMMUNICATIONS. Television and radio towers, as well as any personal wireless service as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist.
WIRELESS COMMUNICATION FACILITY. Any facility for the transmission and/or reception of wireless communications services, usually consisting of an antenna array, connection cables, an equipment facility and a support structure. WIRELESS COMMUNICATION FACILITY also includes an antenna array attached to an existing building or structure (attachment structure).
ATTACHMENT STRUCTURE. Includes, but is not limited to, utility poles, signs, water towers, rooftops, towers with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.
ANTENNA ARRAY. One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The ANTENNA ARRAY does not include the support structure.
TEMPORARY WIRELESS COMMUNICATION FACILITY. A wireless communication facility to be placed in use for 90 or fewer days.
COLLOCATION/SITE SHARING. Use of a common wireless communication facility or common site by more than 1 wireless communication license holder, or by 1 wireless license holder for more than 1 type of communication technology and/or placement of a wireless communication facility on a structure owned or operated by a utility or other public entity.
EQUIPMENT FACILITY. Any structure used to contain ancillary equipment for a wireless communication facility which includes cabinets, shelters, a building built out of an existing structure, pedestals and other similar structures.
FAA. Federal Aviation Administration.
FCC. Federal Communications Commission.
FTA. Federal Telecommunications Act of 1996.
HEIGHT. When referring to a wireless communication facility, HEIGHT shall mean the distance measured from ground level to the highest point of the wireless communication facility, excluding the antenna array.
SETBACK. The required distance from the property line of the parcel on which the wireless communication facility is located to the base of the support structure and equipment shelter or cabinet where applicable, or, in the case of guy-wire supports, the guy anchors.
SUPPORT STRUCTURE. A structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guy-wire-support tower and other similar structures. Any device (attachment device) which is used to attach an attachment structure shall be excluded from this definition.
(1979 Code, § 151.211) (Ord. 4457, passed 12-6-1999)
§ 151.252 PLAN COMMISSION APPROVAL.
The Plan Commission shall approve or deny applications for wireless communications facilities that exceed 70 feet in height based on consideration of the following factors:
(A) Whether the facility offers opportunities for collocation/site sharing;
(B) Whether all applicable developmental standards will be met;
(C) The previous or existing use of the site and its impact on surrounding properties;
(D) Compatibility of the proposed use with existing use of the site and existing neighboring uses;
(E) The extent to which granting the conditional use would substantially serve the public safety and welfare;
(F) The particular physical suitability of the site for the proposed use;
(G) Whether conditions may be imposed by the Plan Commission or commitments made by the applicant which are sufficient to mitigate any potential adverse impact on neighboring property; and
(H) Other factors that the Plan Commission may deem relevant.
(1979 Code, § 151.212) (Ord. 4457, passed 12-6-1999)
§ 151.253 DEVELOPMENT STANDARDS.
Notwithstanding any provision of this chapter to the contrary, the following development standards shall apply to all wireless communication facilities.
(A) Height standards. The maximum height of wireless communications facilities shall be less than 200 feet above the surface grade.
(B) Tower separation. Towers shall be separated from residentially-zoned or used properties by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of 2.5 (The minimum separation distance is 2-1/2 times the height of the tower).
(C) Setback standards.
(1) Wireless communication facilities located on properties zoned B-2 Community Business District, B-3 Service Business District and B-4 Regional Business District, shall be located to the rear of the primary building.
(2) Wireless communication facilities located on properties zoned M-1 Limited Manufacturing District and M-2 General Manufacturing District shall comply with setback requirements for accessory structures, unless attached to the primary structure.
(D) Fencing and landscaping requirements.
(1) Fencing. An opaque fence, a minimum of 8 feet in height and a maximum of 15 feet in height, constructed of painted or treated wood, painted or textured block, or brick shall be maintained in good repair around each wireless communication facility. Nothing herein shall prevent fencing that is necessary to meet requirements of state or federal agencies.
(2) Landscaping. There shall be a minimum of a 4-foot landscape strip along the perimeter of the fence enclosure. The landscaped strip shall be planted with shrubbery, trees and groundcover, and shall comply with the planting standards as set forth in this chapter.
(E) Aesthetics, placement, materials and colors. Wireless communication facilities shall be designed to be compatible with the existing structures and their surroundings to the extent feasible, including placement in a location which is consistent with proper functioning of the wireless communications facility, the use of compatible or neutral colors or camouflage technology.
(F) Lighting. Wireless communication facilities shall not be artificially illuminated, directly or indirectly, except for security and safety lighting and other illumination as may be required by the FAA or other applicable authority. All lighting shall be installed in a manner that will minimize impacts on adjacent properties.
(G) Maintenance inspections. All guyed towers, including those installed prior to December 6, 1999, shall be inspected every 2 years. Self-supporting towers shall be inspected every four years. Each inspection shall be by a qualified professional engineer or other qualified inspector, and any inspector-recommended repairs and/or maintenance should be completed without unnecessary delay. A copy of the final inspection report shall be filed in the Planning and Zoning office. At a minimum, each inspection shall include the following:
(1) Tower structure: Including bolts, loose or damaged members, signs of unusual stress or vibration.
(2) Guy wires and fittings: Check for age, strength rust, wear, general condition and any other signs of possible failure.
(3) Guy anchors and foundations: Assess for cracks in concrete, signs of corrosion, erosion, movement, secure hardware and general site condition.
(4) Condition of antennas, transmission lines, lighting, painting, insulators, fencing, grounding and elevator, if any.
(5) For guyed towers: Tower vertical alignment and guy wire tension (both required tension and present tension).
(H) Radio frequency emissions/sound. The following radio frequency emissions standards shall apply to all wireless communications facility installations.
(1) Radio frequency impact. The FTA gives the FCC jurisdiction over the regulation of radio frequency (RF) emissions, and wireless communications facilities that do not exceed the FCC standards shall not be conditioned nor denied on the basis of RF impact.
(2) FCC compliance. In order to provide information to its citizens, copies of ongoing FCC information concerning wireless communications facilities and RF emissions standards may be requested. Applicants for wireless communications facilities shall be required to provide information with the application on the measurement of the effective radiated power of the facility and how this meets the FCC standards.
(3) Sound prohibited. No unusual sound emissions such as alarms, bells, buzzers or the like are permitted.
(I) Structural integrity. Wireless communications facilities with support structures shall be constructed to the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard titled Structural Standards for Steel Antennas Towers and Antenna Support Structures (or equivalent), as may be updated and amended. Each Support Structure shall be capable of supporting multiple antenna arrays.
(J) Permitted wireless communication facilities. Wireless communications facilities attached to attachment structures or monopoles that are 70 feet or less in height and that meet the development standards as set forth in this section, may be administratively approved by the Planning and Zoning Staff in the B-2, B-3, B-4, M-1 and M-2 zoning districts except as hereinafter specified. All others located in the B-2, B-3, B-4, M-1 and M-2, regardless of type or location shall be subject to review in a public hearing by the Plan Commission and may not be approved by the Administrative Review process.
(K) Historic districts and overlay districts. Wireless communication facilities to be located within an established Historic District, including single site historic designations shall be subject to review by the Historic and Cultural Preservation Commission (HCPC). Review by the HCPC shall be in accordance with procedures for a Certificate of Appropriateness.
(1979 Code, § 151.213) (Ord. 4370, passed 7-20-1998; Am. Ord. 4457, passed 12-6-1999; Am. Ord. 4683, passed 7-1-2002) Penalty, see § 151.999
§ 151.254 APPLICATION REQUIREMENTS.
(A) Application submission. All requests for a zoning clearance regardless of wireless communications facility type, including, but not limited to a temporary wireless communication facility, shall submit an application in accordance with the requirements of this section.
(B) Application contents. Each applicant requesting a wireless communication facility or temporary wireless communication facility shall submit a sealed complete set of drawings prepared by a licensed architect and/or engineer that will include a site plan, elevation view and other supporting drawings, calculations and other documentation showing the location and dimensions of the wireless communications facility and all improvements associated therewith, including information concerning specifications, antenna locations, equipment facility and shelters, landscaping, curb cuts, parking, stormwater retention, screening and landscaping. Applicants proposing to collocate on an existing wireless communication facility shall include a radio frequency intermodulation study with their application.
(C) Proof of filing FAA Form 7460-1. A letter of receipt from the Federal Aviation Administration (FAA) providing proof of filing FAA Form 7460-1 and indicating the assigned AGL/File Number must be submitted along with application for all wireless communication facilities within 20,000 feet any airport runway, that exceed 100 feet in height.
(D) Existing network locations. If a proposed wireless communication facility is part of a larger network of similar facilities, a geographic and written depiction of all locations in this network shall accompany the petition for a proposed wireless communication facility.
(E) Affidavits of collocation agreement. All applicants for wireless communication facilities must sign and provide a city affidavit for wireless communication facility indicating:
(1) That no other collocation opportunities exist on a list of towers within a 1-mile radius provided by the office of Planning and Zoning, including proof that a good faith effort has been made; names, addresses and telephone numbers of all owners of wireless communication facilities to whom inquiries have been made; and
(2) Agreement to allow and reasonably market collocation of other wireless communication facility users at rates that are comparable and competitive to those charged for location at comparable wireless communication facilities. The statement shall include the applicant’s policy regarding collocation of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged to other providers. The collocation agreement shall be considered a condition of issuance of a zoning clearance.
(F) Application fees. A plan review fee of $100 and a radio frequency intermodulation study review fee of $100 (collocation applicants only) shall accompany each application. These fees may be used by the city to engage an engineer(s) or other qualified consultant(s) to review the technical aspects of the application and the radio frequency intermodulation study (if required).
(G) Technical assistance. In the course of its consideration of an application, the Planning and Zoning Staff, the Plan Commission or the Board of Zoning Appeals may deem it necessary, in complex situations, to employ an engineer(s) or other consultant(s) qualified in the design and installation of wireless communication facilities to assist the city in the technical aspects of the application. In such cases, any additional reasonable costs incurred by the city not to exceed $3,000 for the technical review and recommendation shall be reimbursed provided in the form of a cashier’s check or money order by the applicant prior to the final hearing on filing a petition for the proposed wireless communication facility.
(1979 Code, § 151.214) (Ord. 4457, passed 12-6-1999; Am. Ord. 4683, passed 7-1-2002)
§ 151.255 COLLOCATION POLICY.
(A) (1) All new wireless communication facilities shall be engineered, designed and constructed to be capable of sharing the facility with other providers, to collocate with other existing wireless communication facilities and to accommodate the future collocation of other wireless communication facilities.
(2) A zoning clearance shall not be issued until the applicant proposing a new wireless communication facility shall demonstrate that it has made a reasonable good-faith attempt to locate its wireless communication facility onto an existing structure.
(3) Competitive conflict and financial burden are not deemed to be adequate reasons against collocation.
(B) (1) All wireless communication facilities with support structures up to a height of 150 feet shall be engineered and constructed to accommodate at least a 3-antenna array.
(2) All wireless communication facilities with support structures up to a height of more than 150 feet shall be engineered and constructed to accommodate at least a 4-antenna array.
(1979 Code, § 151.215) (Ord. 4457, passed 12-6-1999)
§ 151.256 REMOVAL OF ABANDONED WIRELESS COMMUNICATIONS FACILITIES.
Any wireless communication facility that is not operated for a continuous period of 12 months shall be considered abandoned, and the city, at its election, may require the wireless communication facility owner to remove the wireless communication facility within 90 days after notice from the city to remove the wireless communication facility. If the abandoned wireless communication facility is not removed within 90 days, the city may remove it and recover its costs from the wireless communication facility’s owner. If there are two or more users of a single wireless communication facility, this provision shall not become effective until all providers cease to use the wireless communication facility. If the owner of an abandoned wireless communication facility cannot be located or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the wireless communication facility is located.
(1979 Code, § 151.216) (Ord. 4457, passed 12-6-1999)
§ 151.257 REVOCATION PROCEDURE.
Any zoning clearance issued for a wireless communication facility pursuant to this subchapter may be revoked after a hearing as provided hereinafter. If the planning and zoning staff finds that any permit holder has violated any provision of this subchapter, or has failed to make good faith reasonable efforts to provide or seek collocation, the planning and zoning staff shall notify the permit holder in writing that the zoning clearance is revocable due to the permit holder’s noncompliance with the conditions of the permit. The Planning and Zoning Staff may recommend to the Plan Commission that the zoning clearance be revoked. After the appropriate public hearing, the Plan Commission may revoke the zoning clearance upon such terms and conditions, if any, that they may determine. Prior to the initiation of revocation proceedings, the Planning and Zoning Staff shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The time for correction of deficiencies shall not exceed 60 days. The permit holder shall provide the city with evidence that the required corrective action has been taken. Should the permit holder fail to correct any deficiencies in the time required, the Plan Commission shall convene a public hearing to consider revocation of the zoning clearance. The hearing shall be conducted pursuant to notice by publication in a newspaper with general circulation in the city not less than 10 days prior to the hearing and by written notice to the permit holder. The public hearing shall be conducted pursuant to the Plan Rules of Procedure.
(1979 Code, § 151.217) (Ord. 4457, passed 12-6-1999; Am. Ord. 4683, passed 7-1-2002)