Page 1
Wireless Communications Facilities
A summary of the ordinance provisions
Prepared by the Monroe County Planning Department
County Courthouse, Room 306 Bloomington, Indiana
Telephone: (812)-349-2560 Fax:(812)-349-2837
Page 2
Background
How the process began:
The 1996 Federal Telecommunications Act, while granting wireless
communications companies certain protections and immnities, does allow
communities to regulate the siting and placement of wireless communications
to some extent. Recognizing the potential proliferation of towers in Monroe
County as cause for concern, the Monroe County Planning Department began to
draft a preliminary Wireless Communications Ordinance proposal in the spring
of 1998. Using the City of Bloomington's regulations as a model, the
Planning Department completed its work in July of 1998 and subsequently
conducted several meetings with the Plan Commission. After much debate,
the Plan Commission determined that additional work needed to be done and
a task force was established. Industry representatives participated,
as did Several members of the Plan Commission, the County Communications
Committee, and the Planning Department.
The moratorium:
To give the task force adequate time to prepare a new draft, the Monroe
County Commissioners enacted a one hundred-day moratorium on September 1, 1998.
The moratorium was designed to insure that no additional tower construction
would take place until Monroe County had adopted its new oridnance. Extended
twice, and still in effect through April 24, 1999, the moratorium will
probably be lifted concurrent with an adoption of the Wireless Communications
Facilities (WCF) regulations.
The revised draft:
The first task force met weekly for several months, and with the diligent
cooperation and participation of both community and industry representatives,
completes its work in mid-November. Individual notices were sent out to more
than two thousand propery owners, and several public meetings and hearings
were conducted with the Plan Commission. The draft regulations attracted a
great deal of public interest; many residents and property owners voiced
concerns about the proposal and asked the Plan Commission to commit additional
time and effort to address these concerns.
Page 3
A new joint task force:
In mid-December, the Plan Commission established a joint task force consisting
of the Monroe County Zoning Ordinance Committee, the County Communications
Committee, and several local residents and property owners. In an effort to
educate themselves and insure that all issues pertaining to Wireless
Communications Facilities were adequately addressed, the task force
conducted afternoon meetings each Tuesday and Thursday. Other ordinances
from all over the Country were studied, industry experts were consulted,
and the draft regulations were revised again.
The final product:
The draft, as it presently exists, incorporates a variety of incentives and
restrictions that are designed to protect the health, safety, and general
welfare of Monroe County's residents while still providing for wireless
communications services. In general, the ordinance will govern the design
and size of new facilities, the nature of the approval process, and the
areas in which towers may be sited.
Q: WCF - what will they look like?
A: Most of the free-standing structures will be monopoles -- a single column
that would resemble a large flagpole. In some instances however, the county
may require "stealth design" for sites along scenic corridors, near historic
properties or near Lake Monroe. Stealth designs could include facilities that
look like silos or flagpoles, or use other structures to conceal the antenna
array (signs, church steeples, etc.) Note that new free-standing structures
will not always be required. For example, some providers may choose to
place antenna arrays on existing buildings, or utility structures, or other
existing communications towers. (An illustration of a Minor WCF is attached.)
Q: How will the approval process work?
A: The approval process will vary, depending upon the type of facility
proposed, its size, and its location. Tall towers (more than 60 feet
in height) will require a public hearing process with notice sent to
adjoining property owners. The various procedural options have been
outlined on the following pages.
Page 4
The Approval Process
1. Permitted Uses --
An administrative (staff level) process for:
* Co-location
* Attached Facilities
* Replacement of existing, legal WCF
* Minor WCF within power line easement (69kV)
* Minor WCF on property containing a water tank
* Minor WCF in commercial & industrial zoning districts
* Minor WCF in AG/RR & FR districts, subject to 300 ft. setback
from residential structures.
2. Conditional Uses --
A public hearing process (Board of Zoning Appeals) for:
* WCF in industrial & quarry zoning districts, subject to a 250% setback
(2.5 ft./1 ft. height)
* WCF in AG/RR & FR districts, subject to a 500 % setback
(5 ft./1 ft. height)
3. Rezone to WCF Overlay --
A public hearing process (Plan Commission & Commissioners) for:
* Any WCF (including Minor WCF) in a residential zoning district
* Any WCF not able to meet the setbacks required for conditional use
Page 5
THE APPROVAL PROCESS
------------------
| Permitted Uses |
------------------
preliminary contact ---> submission of ---> staff review
with planning dept application site inspection
investigate alternatives
check plans, documents
consultant input (opt.)
|
\|/
site development & <--- issue improvement
construction of facilities location permit (ILP)
Page 6
THE APPROVAL PROCESS
--------------------
| Conditional Uses |
--------------------
preliminary contact ---> submission of ---> notice sent to
with planning dept application adjoining owners
|
\|/
issue improvement <--- Board of Zoning <--- staff review
location permit (ILP) Appeals site inspection
investigate alternatives
| check plans, documents
| consultant input (opt.)
\|/
site development &
facilities construction
Page 7
THE APPROVAL PROCESS
-------------------------
| Rezone to WCF Overlay |
-------------------------
preliminary contact ---> submission of ---> notice sent to
with planning dept application adjoining owners
|
\|/
County Commissioners <--- Plan Commission <--- staff review
Pulic Hearing Public Hearing of rezone issues
|
\|/
Rezone approved? ---> Yes ---> Permitted Use
Approval Process...
Page 8
EXAMPLE --- MINOR WCF
(60 foot monopole)
Trees illustrated at 50 ft. and 70 ft. heights to give scale
70 + ||||
+ | |
+ | |
+ | |
+ | |
60 + 0000000 |-| 0000000 | |
+ 000000 |-| 000000 | |
+ \0000 |-| 0000/ | |
+ \000 |-| 000/ | |
+ \00_|-|_00/ | |
+ ||||| \0_|-|_0/ | |
+ | | |-| | |
+ | | |-| | |
+ | | |-| | |
+ | | |-| | |
40 + | | |-|| |
+ | | |-|| |
+ | | |-|| |
+ | | |-|| |
+ | | |-|| |
+ | | |-|| |
+ | | |-||___________ _____________|
+ | | |-| \_ _/
+ | | |-| | |
+ | ||-| | |
20 + | ||-| | |
+ | ||-| | |
+ |__________ _________||-| | |
+ \__ __/ |-| | |
+ \ / |-| | |
+ | | |-| | |
+ | | |-| | |
6 + * | | |-| | |
+ --|-- | | |-| | |
+ / \ | | |-| | |
-----+-------------------------------------------------------------------------