The purpose of this ordinance is to provide for sensible and reasonable land uses to allow for the provision of adequate reliable public and private telecommunications service and to maximize the use of any transmission tower in order to reduce the total number of towers needed to serve the telecommunications needs of the area; to minimize adverse visual effects of towers through careful design, siting, and vegetative screening.

A.

General. All wireless telecommunications facilities shall meet the following provisions:

The location of the tower and equipment buildings shall comply with all local, state, and federal natural resource protection standards.

i.

The following buffer plantings shall be located around the perimeter of the outer most perimeter or security fence of a wireless telecommunications facility.

a.

A live evergreen screen shall be planted around the entire facility including the guy wires and anchors, if used, that consist of a hedge, planted three feet on center maximum, or a row of evergreen trees planted a maximum of ten feet on center, height of plants at time of planting shall be no less than five feet tall.

b.

Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

ii.

An antenna may be located on a building or structure that is listed on a historic registry only after obtaining all necessary and required approvals. Any antenna located in a historic district will require approval by the advisory board of zoning appeals for a special use approval.

iii.

Vehicular access to the tower and equipment building shall, whenever feasible, be provided along the existing driveways.

iv.

The wireless telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance and emergencies.

B.

Roof mounted antennas. The following chart shows where roof mounted antennas are permitted, and where and how they are restricted and necessary approvals.

A.

Residential and agriculture districts. A wireless telecommunications facility shall require a special use approval from the advisory board of zoning appeals and meet all the general and following requirements when located in a residential and or agriculture district:

i.

The tower shall be setback from any property line a distance equal to at least 100 percent the height of the tower.

ii.

Maximum height: tower 125 feet, accessory structures 15 feet.

iii.

Minimum number of antenna sites for a 125 feet tower is three, if tower is less than 125 feet.

iv.

The tower shall be a monopole design.

B.

Office and commercial districts. Wireless telecommunications facility shall require approval as special uses by the advisory board of zoning appeals in all office and commercial districts and meet the following and all other requirements within this ordinance.

i.

Minimum setback: equal to 80 percent of the height of the tower.

ii.

Maximum height: tower 180 feet accessory structure 15 feet.

iii.

Minimum number of antenna sites for a 180 feet tower is four; if tower is less than 180 feet refer to [article 20, section] 7.D.

iv.

Tower shall be placed no closer than 500 feet to any residential structure if closer will require special use approval by the advisory board of zoning appeals.

C.

Manufacturing districts. A wireless telecommunications facility shall be permitted in manufacturing districts M-1, M-2, and M-3 that meet the following and all other requirements within this ordinance.

i.

Minimum setback from the property line: equal to 50 percent of the height of the tower.

ii.

Maximum height: tower 250 feet—accessory structure 15 feet.

iii.

Minimum number of antenna sites for a 250 feet tower is six, if tower is less than 250 feet.

iv.

Tower shall be placed no closer than 500 feet to any residential structure if closer will require special use approval by the advisory board of zoning appeals.

Proposed or modified towers and antennas shall meet the following design requirements:

A.

Tower and antennas shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment, except in instance where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

B.

Wireless telecommunications service towers less than 131 feet tall shall be of a monopole design and when located within an environmentally, aesthetically sensitive area or a residential district, designed in such a way as to architecturally camouflage the wireless telecommunications service tower as much as reasonably practical to blend into the surroundings.

C.

The entire facility must be aesthetically and architecturally compatible with its environment. The use of residentially compatible materials such as wood, brick, or stucco is required for associated support structures, which shall be designed to architecturally match the exterior of residential or commercial structures within the neighborhood or area. Only if the facility will be 100 percent screened during all seasons will other materials be approved.

D.

Only when lighting is for safety or security reasons or required by the Federal Aviation Administration or other federal or state authority will it be permitted. When approved the lighting shall be oriented inward so as not to project onto surrounding residential properties.

A.

At the time of submission of an application for special uses or building permit the applicant shall submit an initial or updated plan showing the location of existing and future planned telecommunications towers, within an area of ten miles in all directions of the proposed facility for a two-to-five-year time period.

B.

Site plan(s) drawn to scale identifying the site boundary; tower(s); guy wire anchors; existing and proposed structures, including accessory structures; existing and proposed ground- mounted equipment; vehicular parking and access road; and any existing uses, structures, and land use designations on the proposed site and within 500 feet or abutting parcels, whichever is further.

C.

A landscape plan drawn to scale generally showing proposed landscaping, including species type, size, spacing, other landscape features and existing vegetation to be retained, removed, or replaced.

D.

A report from a qualified individual(s) containing the following, which shall not limit the tower height or design or the number and type of antennas that shall be permitted unless expressly so stated in this ordinance:

i.

A description of the tower and the technical and other reasons for the tower design.

ii.

Documentation to establish that the tower has sufficient structural integrity for the proposed uses at the proposed location and meets the current minimum safety requirements.

iii.

The general capacity of the tower in terms of the number and type of antennas it is designed to accommodate.

E.

A letter of intent stating that applicant intends to lease excess space on the tower to other potential users at reasonable rental rates and on reasonable terms. The letter shall commit the tower owner and successors in interest to do the following

i.

Respond in a timely, comprehensive manner to a request for information from another potential user of the tower.

ii.

Negotiate in good faith for shared use by others.

iii.

Allow shared use if an applicant agrees in writing to pay reasonable rental charges or other consideration and to pay all costs of adapting the tower or existing users' equipment to accommodate a shared user without causing uneconomically correctable electromagnetic interference, and otherwise agree on reasonable business terms and conditions for shared use of the tower.

F.

Letter of consent by property owner if not same owner of the tower.

G.

Show any easements necessary for access, guy wire anchors or other off-site uses on the site plan.

H.

Applications for towers intended for transmitters that will broadcast at a power in excess of 1,000 watts of radio frequency power per transmitter must include evidence that the applicant has contacted owners of all existing or approved towers and that the equipment for which the proposed tower is being constructed cannot be technologically or structurally accommodated on an existing or approved tower. Applicants for FM radio and high-power UHF and VHF television station antennas shall only be required to contact the owners of towers whose height in 200 feet or whose tower can reasonably satisfy the requirements for height above average terrain and geographic location as set forth in their application and/or granted of construction authority from the FCC. Such evidence shall include the following:

i.

A list of contacts.

ii.

The antenna specifications including, but not limited, to the weight and wind loading requirements; length, width, and height; and transmitter space requirements provided to the tower owner(s) or representative(s).

I.

The board may require in residential areas visual study containing, at a minimum, a viewshed map depicting where within one mile radius any portion of the proposed tower could be seen, and a graphic simulation showing the appearance of the proposed tower and accessory structures from three points within the view shed, such points to be mutually agreed upon by the plan commission staff and applicant.

J.

An analysis of the area to be used containing the following:

i.

Existing topographical contours based on the best available existing maps.

ii.

Bodies of water and intermittent or perennial streams.

iii.

Major vegetation masses.

iv.

Existing roads and structures.

v.

Existing easements or rights-of-way (i.e., drainage, utility, irrigation, access, etc.) in or contiguous to the site.

vi.

Identified mineral resource area.

vii.

Where the area in which construction will occur contains slopes greater than ten percent, a slope analysis of the area affected by construction depicting locations and direction of slope faces for slope faces for slopes within the following categories: 0—8 percent, 9—15 percent, 16—22 percent, 23—30 percent, greater than 30 percent.

viii.

Floodplains/floodways.

ix.

Location of special potential hazards such as geologic hazard overlay zone, airports, or radiological hazards.

x.

Location of special resources such as well fields, historic structures, and archaeologically significant remains.

K.

Elevations of the proposed tower and accessory structures generally depicting all proposed antennas, platforms, finish materials, and all other accessory equipment.

It shall be unlawful for any person, firm, or corporation to erect, construct, place or re-erect, or replace any tower or antenna without first making application to the Hamilton County plan commission or its designee and securing a permit therefor as hereinafter provided.

The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons.

Permits are not required for:

A.

Adjustment or replacement of the elements of antenna array affixed to a tower or antenna, provided that the re does not reduce the safety factor.

B.

Antennas and/or towers erected temporarily for test purposes, for emergency communication, provided that no safety or personal property will be hindered in the process. All temporary antennas and or towers will be removed within 72 hours following installation.

Any request submitted to the office of the Hamilton County plan commission to install an antenna to be located on an existing approved or grandfathered tower will only require a building permit and the contract between the applicant company and the owner of the tower.

All commercial wireless telecommunications towers erected, constructed, or located within the Hamilton County plan commission jurisdiction shall comply with the following requirements:

A.

All towers at a minimum are to be constructed to support the initial user (wireless telecommunications antenna) plus handle the anticipated loading of a second user on a monopole and third user on all other towers equal to the antenna loading of the initial user.

B.

The size of the site of the initial tower and support facility shall be sufficient area to allow for the location of one additional support facility for future co-location antennas on a monopole tower and sufficient area to allow for the location of two additional support facilities for future co-location antennas or all other towers.

C.

A proposal for a new commercial wireless telecommunications service tower shall not be approved unless the applicant submits verification that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building or other structure due to one or more of the following reasons:

i.

The planned equipment would exceed the structural capacity of the existing or approved tower, building, or structure as documented by a qualified and licensed professional engineer, and the existing or approved tower, building or structure cannot be reinforced, modified, or replaced to accommodate existing and planned equipment at a reasonable cost.

ii.

The planned equipment would cause interference impacting the usability of other existing or planned equipment at the tower site. Supportive documentation shall be provided by a qualified and licensed professional engineer indicating that the interference cannot be prevented at a reasonable cost.

iii.

No existing or approved tower, building or structure within the search radius can accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

iv.

Unforeseen reasons make it infeasible or impossible to locate the planned telecommunications equipment upon an existing or approved tower, building or structure.

v.

Unable to enter a commonly reasonable lease term with the existing tower owner.

vi.

If agreement cannot be reached between parties both parties shall agree to binding arbitration. Additional land area is not available.

D.

Any proposed commercial wireless telecommunications service tower shall be designed, and engineered structurally, electrically and in all other respects to accommodate both the applicant's antenna array and at least one additional user's antenna array for every 30 feet of tower above 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and accept antennas mounted at varying heights.

A.

Construction requirement. All antennas, towers, accessory structures, and wiring constructed within the Hamilton County plan commission jurisdiction, shall comply with the following requirements:

i.

All applicable provisions of this Code and the building code of the State of Indiana and the Federal Communications Commission when applicable.

ii.

Towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the uniform building code and the electronics industry association.

iii.

With the exception of necessary electric and telephone service and connection lines approved by the advisory board of zoning appeals no part of any antenna or tower nor any lines, cables, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, trails, or property line without appropriate approval in writing.

iv.

The tower and associated antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the national electrical code.

v.

All towers shall be constructed to conform with the requirements of the occupational safety and health administration.

vi.

An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.

vii.

All signal and remote-control conductors of low energy extending substantially horizontally above the ground between a tower, antenna, and a structure, or between towers, shall be at least ten feet above the ground at all points, unless buried underground.

viii.

The tower shall be designed and constructed to all applicable manuals and standards of the American National Standards Institute as amended.

ix.

An engineer's certification shall be submitted to document and verify the design specifications, including, but not limited to, the foundation for the tower, and anchors for the guy wires if used, co-location, strength requirements, for natural forces, including, but not limited to, ice, wind, and earth movements.

x.

Towers and antenna shall be designed and constructed, at a minimum, to withstand wind gusts of at least 80 miles per hour with one-half inch of ice and to accommodate any co-location requirements.

B.

Inspections. All towers may be inspected at least once every five years by an official of the Hamilton County plan commission and/or a qualified and licensed engineer to determine compliance with the original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this ordinance.

Notice of violations will be sent by registered mail or certified mail to the owner and the owner will have 30 days from the date the notification is issued to make repairs. The owner will notify the building inspector that the repairs have been made, and as soon as possible thereafter, another inspection will be made, and the owner notified of the results.

C.

Abandonment. Any tower unused or left abandoned for 12 months shall be removed by the tower owner.