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Ellettsville City Zoning Code

ANTENNAS, AMATEUR

RADIO FACILITIES, SATELLITE DISHES, AND PERSONAL WIRELESS SERVICE FACILITIES

§ 152.235 PURPOSE.

   The purpose of this subchapter is to regulate the design, construction, placement, modification, and removal of antennas, amateur radio facilities, satellite dishes, wireless communications facilities (hereinafter referred to as WCF); to allow the providers of wireless communications services to provide for adequate coverage and capacity while minimizing the total number and overall impact of additional towers; to encourage co-location, the use of attached facilities, and the use of appropriate public and semi-public properties where possible; to require designs, and parameters compatible with adjacent land uses; to conserve the scenic, historic, aesthetic and environmental quality of the town from the adverse impacts of antennas, satellite dishes and WCF development; promote long-range planning and cooperation between the citizens and property owners of Ellettsville, the Ellettsville Plan Commission and Town Council, and the wireless communications service providers; to protect the public health, safety and general welfare of the community.
(Ord. 03-05, § 831-05, passed 5-27-2003; Am. Ord. 10-09, passed 6-14-2010)

§ 152.236 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANTENNA. Any structure or device used for the purpose of collecting or transmitting electromagnetic waves including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.
   ANTENNA-AMATEUR RADIO. A ground, building, or tower mounted antenna, or similar antenna structure, operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, and as designated by the Federal Communications Commission (FCC).
   ANTENNA ARRAY. A group of antenna elements located on the same structure. The ANTENNA ARRAY does not include the support structure as defined in this subchapter.
   ANTENNA-BUILDING MOUNTED. Any antenna, other than an antenna with its supports resting on the ground, directly attached, facade mounted or affixed to a building, tank, tower, or structure other than a telecommunications tower.
   ANTENNA-DIRECT BROADCAST SATELLITE SERVICE (DBS). An antenna, usually a small home receiving dish.
   ANTENNA-DIRECTIONAL (also known as PANEL ANTENNA). A device used to transmit and/or receive radio frequency signals in a directional pattern of less than 360 degrees.
   ANTENNA-FLUSH MOUNTED. An antenna mounted to a structure which does not project above the facade to which it is mounted.
   ANTENNA-GROUND MOUNTED. Any antenna with its base, single or multiple posts, placed directly on the ground.
   ANTENNA-MULTIPOINT DISTRIBUTION SERVICES (MDS). An antenna designed to receive video programming services via multipoint distribution services including multipoint multichannel distribution services, instructional television fixed services, and local multipoint distribution services.
   ANTENNA-PORTABLE. Any device used to transmit and/or receive electromagnetic or radio frequency communications/signals in a specific directional pattern located on a portable or moveable base designed to be placed either for temporary or long-term use at a given site.
   ANTENNA-RADIO ANTENNAS. An antenna designed to receive AM/FM radio broadcast signals, or similar signals used for commercial purposes.
   ANTENNA-ROOF MOUNTED. Any antenna which is mounted to the roof of a building, tank, or similar structure.
   ANTENNA-SATELLITE EARTH STATION (SES). An antenna designed to receive and/or transmit radio frequency signals directly to and/or from a satellite.
   ANTENNA-TELEVISION BROADCAST SERVICE (TVBS). An antenna designed to receive only television broadcast signals.
   ATTACHED COMMUNICATIONS FACILITY. Attached communications facility means a communications facility that is affixed to an existing structure, as an existing building, tower, water tank, utility pole, etc.
   CO-LOCATION. Use of a common WCF or common support structure by two or more wireless communications license holders or by one wireless communications license holder for more than one type of communication technology, or placement of a WCF on a structure owned or operated by a public utility, or placement of an attached WCF.
   COMMUNICATION FACILITIES. Antennas and antenna tower structures including, but not limited to, any towers, equipment enclosures, or other structures intended for use in connection with the wireless transmission or receipt of radio, television, or any other electromagnetic spectrum-based transmissions or receptions. The following shall not be considered as COMMUNICATIONS FACILITIES for the purpose of this section: satellite reception dishes less than three feet in diameter; wireless communication facilities that are completely located within a principal structure and that operate with the sole purpose of providing communications within said structure; and hand-held wireless communications devices.
   ELECTROMAGNETIC FIELD (EMF). The local and magnetic fields that envelop the surrounding space. The most ubiquitous source of EMFs is from the movement and consumption of electric power, such as with transmission lines, household appliances, and lighting.
   EQUIPMENT BUILDING, SHELTER OR CABINET. A cabinet or building used by telecommunications providers to house equipment at a site or facility.
   EQUIPMENT ENCLOSURE. A small structure, shelter, cabinet, box or vault used to house and protect the electronic equipment necessary and/or desirable for processing wireless communications signals and data, including any provisions for air conditioning, ventilation, or auxiliary electricity generators.
   FEDERAL AVIATION ADMINISTRATION. The Federal Aviation Administration is an agency of the United States Department of Transportation with authority to regulate and oversee all aspects of civil aviation in the United States.
   FEDERAL COMMUNICATIONS COMMISSION (FCC). The governmental agency responsible for regulating telecommunications in the United States.
   LATTICE TOWER. A self supporting structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment.
   MONITORING PROTOCOL. An industry accepted radio-frequency (RF) radiation measurement protocol used to determine compliance with FCC RF radiation exposure standards in accordance with the National Council on Radiation Protection and Measurements Reports 86 and 119 and consistent with the RF radiation modeling specifications of OET Bulleting 65 (or any superseding reports/standards) which is to be used to measure the emissions and determine radio frequency radiation exposure levels from existing and new telecommunications facilities.
   MONOPOLE. A wireless communication facility or site which consists of a single pole structure (non-lattice), designed and erected on the ground or on top of a structure, to support telecommunications antennas and connecting appurtenances.
   NON-IONIZING ELECTROMAGNETIC RADIATION (NIER). Radiation from the portion of the electromagnetic spectrum with frequencies of insufficient energy to break chemical bonds, including all frequencies below the ultraviolet range such as visible light and radio frequency radiation.
   PREMISES. A lot, parcel, tract or plot of land together with the buildings and structures thereon.
   RADIO FREQUENCY (RF). A non-ionizing electromagnetic energy used to transmit RF emission communication signals through space. Non-ionizing energy is absorbed as heat, if absorbed at all.
   SATELLITE DISH. A device incorporating a reflective surface that is solid, open mesh, or bar configured that is a shallow dish, cone, horn, or cornucopia shaped and is used to transmit and or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas. A SATELLITE DISH is a parabolic television antenna that receives signals from communication satellites in orbit around the earth. Its sole function is to provide the television viewer with a wider variety of channels.
   SCENIC/GATEWAY CORRIDOR. A geographic area designated by the Town of Ellettsville as a special area of control for the purpose of creating a positive image of Ellettsville and /or preserving and enhancing the natural beauty of the landscape. Such regulation may include standards for aesthetics, bulk, maintenance and placement of all signs in such areas.
   STEALTH TECHNOLOGY/TECHNIQUES. Camouflaging methods applied to wireless communication towers, antenna and/or other sites/facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it “minimally visible” to the casual observer. Stealthing may utilize, but does not require, concealment of all components of the wireless facility.
   SUPPORT STRUCTURE. Any 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.
   TELECOMMUNICATION FACILITY. A stand-alone facility located on a legal parcel, vacant or otherwise, or an easement, that transmits and/or receives electromagnetic or electro-optic signals and which may include accessory equipment and equipment shelters. A TELECOMMUNICATION FACILITY does not include any other use or type of facility that may be provided for in the code that is not used for communication, or radio frequency machines which have an effective radiated power of 100 watts or less.
   TELECOMMUNICATION PROJECT. Includes telecommunication facilities and telecommunication sites, as defined in this section.
   TELECOMMUNICATION SITE. An ancillary facility that transmits and/or receives electromagnetic or electro optic signals, which is placed on an existing structure, or is co-located on an existing telecommunications structure. This may also include accessory equipment and equipment shelters. A TELECOMMUNICATION SITE does not include any other use or type of facility that may be provided for in the code that is not used for communication, or radio frequency machines which have an effective radiated power of 100 watts or less. The height of the telecommunications site includes all antenna array structures.
   TELECOMMUNICATIONS TOWER. A mast, pole, monopole, guyed tower, lattice tower, free-standing tower, or other structure designed and primarily used to support antennas. A ground or building mounted mast greater than ten feet tall and six inches in diameter, at any point, supporting one or more antenna, dishes, arrays and the like shall be considered a TELECOMMUNICATIONS TOWER.
   TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas including, but not limited to, guyed towers, wooden poles, lattice towers, and monopoles. The term includes radio and television transmission towers, microwave towers, cellular telephone and wireless communications towers, alternative tower structure and the like.
   WIRELESS COMMUNICATIONS FACILITIES. Any facilities used to support or operate wireless services as defined in the Federal Telecommunications Act, which includes FCC licensed commercial wireless telecommunications services, specialized mobile radio, enhanced specialized mobile radio, paging, and other similar services that currently exist or that may in the future be developed.
(Ord. 03-05, § 831-10, passed 5-27-2003; Am. Ord. 10-09, passed 6-14-2010)

§ 152.237 PERMITTED, CONDITIONAL AND EXEMPT USES.

   (A)   Permitted uses. Permitted uses include:
      (1)   Co-location. Placement of an antenna array if located on:
         (a)   A legal existing or previously approved WCF;
         (b)   A previously constructed broadcast tower; or
         (c)   An existing communications tower where the engineering specifications of the tower(s) permit and no increase in the height of the tower is required.
      (2)   Attached WCF. Placement of an antenna array if integrated with/within another existing structure (i.e. a building facade, church steeple, water tower) and no more than a 15 feet increase in the height of the existing structure is required.
      (3)   Replacement. Replacement of a legal, existing WCF, support structure, or antenna array with a similar facility of an equal or smaller size, subject to the application procedures, general requirements and abandonment provisions of this subchapter.
   (B)   Conditional uses.
      (1)   Conditional use approval shall be required for the following: Placement of a WCF in the following zoning districts: A-1, I-1 and I-2; provided that the proposed WCF would be set back from the front property line a distance of at least 200 feet, and from the side and rear property lines a distance of at least 200 feet adjoining a non-residential area and at least 500 feet adjoining a residential area. Construction shall be of a monopole design with a maximum permitted height of 199 feet, except that no WCF shall be permitted at a height which would require illumination.
      (2)   Pursuant to I.C. 36-7-4-923 through 36-7-4-924, as amended, the Ellettsville Plan Commission is appointing itself as the hearing officer to consider the granting of conditional uses under this subchapter.
   (C)   Exemptions. The following WCF are exempt from the provisions of this subchapter: police, fire, ambulance and other emergency dispatch; amateur (HAM) radio; antennas used solely for residential household television and radio reception and satellite dishes measuring two meters or less in diameter.
   (D)   Prohibitions. WCF not expressly permitted under divisions (A) or (B) above, or not exempted under division (C) above, are prohibited.
   (E)   Conditions of approval. The following conditions apply to all permitted and conditional uses:
      (1)   All WCF and support structures shall be designed for, and constructed in accordance with, provisions for co-location (defined by § 152.240);
      (2)   Applicants and/or petitioners agree to make a good faith effort on terms consistent with any applicable national agreement or on terms common to the region, to accommodate requests for co-location that originate from a provider, from the WCF owner, or from the town;
      (3)    Property owners and/or agents shall accept and accommodate the provisions for co-location prescribed by this chapter, and shall agree to the renting or leasing of space on a support structure or WCF, for co-location, at fair market prices and terms without discrimination.
      (4)   No approval for a WCF or support structure shall become valid until written authorization or a written statement of no objection from all relevant federal, state or local agencies with regulatory authority has been submitted to the Plan Commission.
      (5)   The applicant must submit evidence that the proposed antenna will not cause electromagnetic (EMF) interference with the antenna on the existing towers or structures, or vice versa.
(Ord. 03-05, § 831-15, passed 5-27-2003; Am. Ord. 10-09, passed 6-14-2010)

§ 152.238 GENERAL REQUIREMENTS.

   The following requirements apply to all WCF, satellite dishes, antennas, antenna array, and support structures (collectively, “WCF”), that are erected or placed within the town jurisdictional area after the effective date of this subchapter.
   (A)   For each application, the property owner(s), WCF owner(s), and wireless communications service provider(s) shall be considered co-applicants and shall be jointly and severally subject to the provisions of this chapter.
   (B)   Each permit application for placement of a WCF shall be accompanied by the following:
      (1)   Application form. Applicants for a WCF site plan review are required to supply to the Department of Planning Office a completed application form, which includes original signatures and addresses of all applicants, including the property owners(s), WCF owners, and wireless communication service provider(s); the application fee; and the following items: the address and legal description (plan number, block and lot as shown on the tax notice) of the proposed physical location of the WCF, three copies of a site plan, showing: size of property, size and location of all buildings, size and location of the WCF, distance from WCF to property lines and proposed height of the WCF. In the case of rooftop installations or installations where the WCF is attached to a building, a construction plan should be included with the application. The application form will be reviewed before issuing the permit. The Director of Planning Services will review the application according to Ellettsville Municipal Code. If approved, a development permit will be issued.
      (2)   Written approval. A written approval or written statement of no objection from all relevant federal and state agencies including, but not limited to, the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the U.S. Environmental Protection Agency (EPA), and the Indiana Department of Environmental Management (IDEM).
   (C)   In the case of a new tower structure, the applicant must submit evidence demonstrating that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence may consist of any of the following:
      (1)   There are no existing towers or structures meeting the applicant’s engineering requirements within the geographic area the antenna is intended to serve.
      (2)   Existing towers or structures do not have sufficient height and/or structural strength to meet the applicant’s engineering requirements.
      (3)   A financial analysis that documents the fees, costs, or contractual provisions required by the owner in order to co-locate, or to adapt an existing tower to make it suitable for co-location, exceed the costs of new tower development. Such analysis shall include written lease/cost quotes or estimates from the tower owner.
      (4)   The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
   (D)   In the case of a new tower structure, the applicant must submit a notarized letter of intent either:
      (1)   Committing the antenna tower owners or lessees, on behalf of themselves and their successors in interest, that the antenna tower shall be shared with additional users if the additional users(s) agrees to meet reasonable terms and conditions of shared use; or
      (2)   Stating the reasons why the new structure cannot or will not be shared with additional users in the future.
   (E)   The applicant must provide a certification by a qualified and licensed professional engineer that the design of the antenna support tower conforms to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronic Industry Association. Such certification must take into account any existing or proposed future users of the antenna tower structure.
   (F)   Commercial wireless communications service providers shall provide documentation that proposed communications facilities comply with the latest applicable federal and state environmental, health, and safety standards, including those established by the Federal Communications Commission on Radio Frequency Emissions (REF) and exposure thereto.
   (G)   Visual impact analysis. In the case of a new tower, or where an existing structure is being enlarged in size, a visual impact analysis shall be prepared and certified by a qualified professional engineer or architect. Such analysis shall include the following information:
      (1)   Identification of significant existing natural and manmade features adjacent to the proposed tower location, indicating those features that will provide buffering for adjacent properties and rights-of-way;
      (2)   Identification of at least three specific points within a two thousand foot radius of the proposed tower from which the line of sight analysis is presented. The exact number and location of these points shall be determined in coordination with staff prior to the preparation and completion of the analysis. Applicant shall then prepare a graphic illustration of the visual impact of the proposed tower, at a scale that does not exceed five degrees of horizontal distance, presented from the specific points identified. Such graphic illustration shall be a computer enhanced photograph with the computer-generated tower image depicted to an accurate scale; the photograph shall include text indicating from where the photograph was taken, and how many feet from the proposed tower site;
      (3)   A statement as to the potential visual and aesthetic impacts of the proposed tower on all adjacent properties. Such statement shall provide specific explanation as to the feasibility of camouflage given the needed height and design of the tower; and
      (4)   Such other additional information as maybe required by the Department of Planning Office staff to fully review and evaluate the potential impact.
   (H)   Placement. Towers may not be located in the street setback, except under the following circumstances:
      (1)   To allow the integration of the communications facility into an existing or proposed structure such as a church steeple, light standard, power line support, flagpole, or similar structure.
      (2)   Communications facilities may be placed within a yard abutting a local street if the site has multiple street frontages, and if there are physical constraints to placing the facility in the side or rear yard.
   (I)   Setback requirements. All communications facilities must comply with the following setback requirements:
      (1)   Major and minor towers shall be set back from lot lines and roadway centerlines a minimum of the applicable district setback requirements of Table 31-1 plus an additional number of setback feet based on the height of the tower multiplied by the largest of the applicable “increment values” established in Table 31-1. In all cases, the minimum setback shall be based on the largest or most stringent applicable setback increment value;
      (2)   Attached communications facilities shall comply with the structure setback requirements of the zoning district in which they are located; and
      (3)   Equipment enclosures shall comply with the setback requirements of the zoning district in which they are located.
   (J)   Setback from street. No antenna or its support structure shall be erected or maintained closer to any street than the wall of the principal building to which it is accessory that is nearest to such street.
   (K)   Setback from adjacent buildings. No antenna or its support structure shall be located in any required side yard or nearer than one-half of the height of the antenna and support structure to any habitable building on any adjacent property.
   (L)   No antenna shall be erected, constructed, maintained or operated on an easement.
   (M)   In the event that a usable signal cannot be obtained by locating a satellite dish in locations permitted by this chapter, the zoning board of appeals may grant a variance to allow the placement of a satellite dish in any location except a front yard.
   (N)   A final inspection is mandatory under the building permit process. Applicants are required to contact the Department of Planning Office to arrange an inspection once the work is completed.
   (O)   The Director of Planning Services or the Plan Department may require applicants to screen off or use landscaping to minimize the visual impact of the facility.
(Ord. 03-05, § 831-20, passed 5-27-2003; Am. Ord. 10-09, passed 6-14-2010)

§ 152.239 PROVISIONS FOR HIRING INDEPENDENT CONSULTANT.

   (A)   Upon submission of an application for a WCF or support structure requesting exemption from co-location with an existing site, the town shall hire one or more independent consultants of its own choosing. These consultants shall be qualified professionals with an appropriate combination of training, record of service, and/or certification in one of the following fields: telecommunications/radio frequency engineering, structural engineering, electromagnetic fields (EMF); and, if determined by the Plan Commission, other fields.
   (B)   The Plan Commission shall provide the independent consultant with a copy of the complete application for analysis and review.
   (C)   The independent consultant(s) shall provide an estimate for the cost of reviewing the application to the Plan Commission. The Plan Commission shall forward this estimate in writing to the applicant, the applicant shall promptly pay this fee during the review process (separate from the general application fee). The estimate shall be regarded as a decision of the Plan Commission. No application will be processed and no public hearings (where applicable) will be scheduled until full payment has been made.
   (D)   The consultant(s) shall work under the direction of the Ellettsville Plan Commission. Copies of the consultant(s)’ findings and reports shall be made available to the applicant not less than seven days prior to any scheduled public hearing(s), and the applicant shall be given the opportunity to respond to said reports in writing and at the applicable public hearing(s).
(Ord. 03-05, § 831-25, passed 5-27-2003)

§ 152.240 CO-LOCATION REVIEW.

   Co-location shall be required for WCF or antenna array, unless specifically exempted by the provisions of this section.
   (A)   Procedures. The Plan Commission shall, upon request and/or upon submittal of an application in conformance with § 152.238, provide applicants with a list of all known existing and proposed wireless communications facilities or support structures that lie within one mile of the proposed site and the names of the applicable owners or providers, based upon the existing inventory of wireless communications facilities in Monroe County and upon known co- location opportunities.
   (B)   Basis for relief. Relief from co-location under this section shall require independent professional verification of the applicant’s data and an independent professional evaluation that supports exception from collocation. Relief from this section may be justified by the following:
      (1)    Existing WCF or support structures do not fall within location tolerances based upon radio frequency mapping;
      (2)   Proposed site(s) do not meet minimum height requirements based upon radio frequency engineering data;
      (3)   Existing WCF or support structures do not meet structural integrity requirements for the proposed antenna array; or
      (4)   Placement of the proposed WCF and/or antenna array would impair, or be impaired by, the emission of radio frequencies.
(Ord. 03-05, § 831-30, passed 5-27-2003)

§ 152.241 PERFORMANCE STANDARDS.

   (A)   Signage. Identification signage, no more than three square feet in total area, shall be required for each WCF/support structure, and/or accessory facility. Identification signage shall include the name(s) of the facility owner(s) or operator(s) and a 24-hour emergency telephone number, and shall be affixed to a perimeter fence where possible. Off-premise and other advertising signage is prohibited. No signs, advertising, logos or graphic designs of any kind shall be permitted on, and no illumination shall be allowed of, any antenna in any zoning district.
   (B)   Health and safety.
      (1)   All WCF and/or support structures shall be constructed, operated, maintained and monitored in compliance with all applicable federal (such as FCC and FAA) and state standards and requirements.
      (2)   WCF and/or support structures that would be classified as a hazard to air navigation, as defined by the Federal Aviation Administration, shall not be permitted.
   (C)   Planned Unit Developments. Communications facilities shall be considered to be permitted uses in any previously approved planned unit developments (PUD’s), provided that the list of uses approved for the individual PUD consists entirely of commercial and/or industrial uses. Communications facilities shall not be considered to be permitted principal uses in PUD’s that include any residential land uses.
   (D)   Lawful existing communications facilities that do not conform with these provisions shall be considered lawful nonconforming uses and/or structures, subject to § 152.005 of this zoning ordinance. However, placing additional antennas on a nonconforming tower structure in accordance with the provisions of these regulations shall not be considered expansion of a nonconforming use, nor shall it be considered to increase the degree of nonconformity.
   (E)   Additional standards. The antenna support structure shall satisfy such other design and construction standards as the Director of Planning Services or designee reasonably determines are necessary to ensure safe construction and maintenance of the antenna and its support structure.
(Ord. 03-05, § 831-35, passed 5-27-2003; Am. Ord. 10-09, passed 6-14-2010)

§ 152.242 TEMPORARY WCF.

   (A)   Temporary WCF or antennas shall be permitted for test purposes, emergency communications or in the event of equipment failure for a maximum period of two weeks, subject to the requirements of § 152.238.
   (B)   If the applicant is investigating co-location opportunities for a proposed antenna array, and demonstrates with written documentation that good faith co-location negotiations are in process, a temporary WCF may be approved by the Planning Department for a period not to exceed six months subject to the requirements of § 152.238.
   (C)   An improvement location permit shall be required for each temporary WCF.
(Ord. 03-05, § 831-40, passed 5-27-2003)

§ 152.243 ABANDONMENT.

   (A)   (1)   Any WCF or satellite dishes, antennas and/or support structures that are no longer needed or used for their intended purpose shall be considered abandoned and shall be reported immediately by the service provider to the Plan Commission.
      (2)   All abandoned WCF or satellite dishes, antennas and/or support structures shall be completely removed by, and at the expense of, the service provider and/or owner within six months from the date of abandonment and the surface of the site shall be restored to a condition suitable for redevelopment.
   (B)   (1)   Any discontinued WCF or satellite dishes, antennas or support structures not completely removed within six months from the date of abandonment may be removed by the town.
      (2)   Costs associated with the dismantling and removal of an abandoned WCF or satellite dishes, antennas or support structures and site restoration shall be paid by the service provider and/or owner as bound by the terms of the maintenance and facility removal agreement described in § 152.238.
   (C)   In the event that costs are not covered by the applicant as described above, the town reserves the right to withdraw funds, as needed, to cover costs associated with removal of an abandoned WCF through disbursement of funds from the Escrow Account.
(Ord. 03-05, § 831-45, passed 5-27-2003; Am. Ord. 10-09, passed 6-14-2010)

§ 152.244 APPLICATION FEES.

   Fees shall be as set forth in § 152.363 .
(Ord. 10-09, passed 6-14-2010; Am. Ord. 2020-08, passed 2-24-2020)

§ 152.245 VIOLATIONS AND PENALTIES; ENFORCEMENT.

   (A)   Any person or company who violates any provision of this subchapter commits a class D Ordinance Violation and shall be subject to a fine of $100. Furthermore, each day for which a violation occurs and each violation of any provision of this subchapter shall constitute a separate offense.
   (B)   The Director of Planning Services is hereby empowered to enforce the provisions of this subchapter.
Table 31-1
Performance Standard
All WCF, Support Structures
Table 31-1
Performance Standard
All WCF, Support Structures
Type of Construction
(WCF or Support Structure)
Monopole
Provisions for Additional Collocated Antenna Arrays
2 (minimum)
Maximum Permitted Height
199 feet
Front Yard Setback (minimum)
200 ft.
Side Yard Setback (minimum)
 
adjoining non-residential zone
200 ft.
adjoining residential zone*
500 ft.
Rear Yard Setback (minimum)
 
adjoining non-residential zone
200 ft.
adjoining residential zone*
500 ft.
 
*   No WCF, Support Structure, or Antenna Array shall be permitted at a height that would require illumination.
*   For the purposes of this requirement, residential zones include the following: R-1, R-2 and R-3.
(Ord. 10-09, passed 6-14-2010)