CHAPTER 801 DEFINITIONS

Delete the following definition:

Attached Communications Facility. A communications facility that is affixed to an existing structure, such as an existing building, tower, water tank, utility pole, etc.

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.

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 structures, etc.

Add the following definitions to Chapter 801:

Antenna Array. One or more whips, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (whip), directional antenna (panel) and parabolic antenna (disc). The Antenna Array does not include the Support Structure as defined in this chapter.

Attached Wireless Communications Facility (Attached WCF). An Antenna Array that is attached or affixed to an existing building or structure (including but not limited to a utility pole, sign or water tower), along with any transmission cables and accompanying pole or device that attaches or affixes the Antenna Array to the existing building or structure.

Collocation. 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 communications technology, or, placement of a WCF on a structure owned or operated by a utility or other public entity, or, placement of an Attached WCF.

Equipment Facility. Any accessory structure used to contain ancillary equipment for WCF which may include cabinets, small shelters, pedestals or other similar structures.

Height, WCF. The vertical distance of a WCF and/or Support Structure, as measured from the ground elevation at the base of the Support Structure to the top of the structure, not including any Antenna Array.

Search Ring. A limited geographical area with an approximate radius of mile, depending upon terrain and technology, around the engineering-defined ideal site for a WCF, within which the WCF could suitably function.

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. Any device used to attach an Attached WCF to an existing building or structure shall be excluded from this definition.

Temporary WCF. Any portable Antenna Array or Attached WCF that is designed for temporary placement and does not require the construction of a Support Structure.

WCF Overlay. See Chapter 802.

Wireless Communications. Any wireless services as defined in the Federal Telecommunications Act which includes FCC licensed commercial wireless telecommunications services (PCS), specialized mobile radio (SMR) enhanced specialized mobile radio (ESMR), paging, and other similar services that currently exist or that may in the future be developed.

Wireless Communications Facility (WCF). Any unstaffed facility for the transmission and/or reception of wireless communications services, usually consisting of an Antenna Array, transmission cables, equipment facilities, and a Support Structure.

CHAPTER 802 ZONES AND PERMITTED USES

Delete the current listing for "Telecommunications Tower" in Table 2-1.

Delete the current Condition (32) in Table 2-1, Conditions Pertaining to Permitted Uses . Replace with:

32. (Unassigned)

Delete the following definition:

Telecommunications Tower. A structure built exclusively to support one or more antenna for receiving and/or transmitting electronic data or telephone communications.

Revise 802-1 (B) as follows:

FH Special Flood Hazard Area;

HP Historic Preservation (Primary or Secondary);

ECO Environmental Constraints Overlay; and,

BI Business and Industrial Overlay; and

WCF Wireless Communications Facilities Overlay.

Add the following to Section 802-1 (C):

Wireless Communications Overlay (WCF) District. The character of the Wireless Communications Overlay (WCF) District is defined as that which is intended for wireless communications uses, including but not limited to: placement of wireless communications facilities, antenna arrays, support structures, and equipment facilities as needed to provide wireless communications services. Its purpose is to identify those areas that are designated for wireless communications facilities as permitted uses, encourage collocation of facilities, discourage the proliferation of towers, and accommodate the needs of wireless communications service providers. Conditions placed on permitted and conditional uses are designed to promote the purpose of the district and promote public health, safety and welfare. The geographical extent of the WCF overlay is defined on the Monroe County Zoning Maps.

CHAPTER 814 PERMITS AND CERTIFICATES

Change Section 814-1(B)(6), specifically as reads:

(B) An improvement location permit shall not be required for the following activities:

(6) utility structures and telecommunications towers.

CHAPTER 833 FORMER FRINGE

Amend Table 33-6, as follows:

(2) The following structures or parts of structures are exempt from the height limitations set forth in Table 4-1 and Table 33-5: silos, windmills, chimneys, rooftop mechanicals, derricks, radio and television antennas and towers, wireless communications facilities and support structures, observation towers, power transmission towers, and water towers.

Delete:

Antennae may be located no further from the structure than...

CHAPTER 834

ZONING ORDINANCE: WIRELESS COMMUNICATIONS FACILITIES

834-1. Purpose

The purpose of this chapter is to regulate the construction, placement, and modification of wireless communications facilities; to allow the providers of wireless communications services to provide such services to the community effectively and efficiently while minimizing the total number and overall impact of additional towers; to encourage collocation, 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 promote long-range planning and cooperation between the citizens and property owners of Monroe County, the Monroe County Plan Commission and County Commissioners, and the wireless communications services providers; and to protect the public health, safety, and general welfare of the community.

834-2. Permitted Uses

(A) Permitted Uses include:

(1) Collocation: placement of an Antenna Array if located on:

(a) an 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 Wireless Communications Facilities: placement of an Antenna Array if integrated with or within another existing structure and no increase in the height of the structure is required.

(3) WCF Overlay District: placement of Antenna Arrays or construction of Wireless Communications Facilities within the WCF Overlay, as defined on the Monroe County Zoning Maps.

(a) For placement of WCF or Support Structures on sites that lie outside of the WCF Overlay District, approval shall be subject to the procedures and requirements for rezone approval (map amendment) as described in Section 834-8 below.

(b) Unless specifically authorized by the Monroe County Commissioners and incorporated as a condition of approval, no more than one (1) WCF or Support Structure shall be permitted within any WCF Overlay District area. WCF Overlay District areas shall comprise contiguous parcels of property that have been designated with the WCF Overlay classification.

(B) The following conditions of approval shall apply to all permitted uses:

(1) All Wireless Communications Facilities shall be designed for, and constructed in accordance with, provisions for collocation (defined by Section 834-5, Table 4-1);

(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 collocation that originate from a provider or the Planning Department;

(3) When collocation is otherwise technically feasible, and when requested by the Planning Staff with the concurrence of the Plan Commission, applicants and/or petitioners agree to submit to a process of binding arbitration to establish collocation terms;

(4) Property owners and/or lessors shall accept and accommodate the provisions for collocation prescribed by this ordinance without placing unreasonable restrictions or conditions on lease terms when collocation is required; and

(5) Upon completion of the Support Structure or WCF, owners and/or operators of the Support Structure or WCF agree to make a good faith effort to accommodate collocation (placement of additional Antenna Arrays) in a timely manner, including those WCF or Antenna Arrays proposed by other service providers.

834-3. General Requirements

(A) Each permit application for placement of a WCF, WCF Support Structure or Antenna Array shall be accompanied by the following:

(1) If applicable, written approval or written statement of no objection from all other relevant federal, state or local agencies with regulatory authority.

(2) Inventory of the provider's existing Wireless Communications Facilities and/or Antenna Arrays within the County planning jurisdiction and within three (3) miles of the boundaries of the County planning jurisdiction, along with a five-year plan describing any potential future facility locations. The inventory and master plan shall include:

(a) Locations (by property address, latitude/longitude coordinates, and township, range, section, 1/4 section)

(b) Height and type

(c) Information on the practical capacity for accommodating additional collocated antenna arrays.

(3) A site plan, drawn to scale, that includes the following information:

(a) all property lines, with distances and bearings illustrated;

(b) all existing site improvements, including buildings and structures;

(b) all existing and/or proposed roadways and easements;

(c) proposed wireless communications facilities; and

(d) proposed landscaping, including existing vegetation where applicable.

(4) A written statement that describes the proposed wireless communications facility (type of construction, tower height, provisions for collocation) and the acceptable search ring for the proposed facility.

(5) A visual impact analysis that includes a photographic and/or an illustrative (visual) depiction of the following:

(a) the proposed Antenna Array and WCF or Support Structure;

(b) significant man-made or natural features adjacent to the proposed WCF or Support Structure, indicating those features that will provide buffering for adjacent properties and rights-of-way;

(c) a photographic presentation that depicts current site conditions with a super-imposed image of the proposed facilities, at appropriate scale, to demonstrate the anticipated views of the proposed site upon completion of all improvements.

(6) Proof of ownership of the proposed site, or written consent from the property owner to use the proposed site for placement of wireless communications facilities.

(7) The fee, in accordance with the standards set for Site Plans (permitted uses) or Conditional Use petitions (conditional uses).

(8) For each WCF or Support Structure, a performance bond secured by a cashier's check or an irrevocable letter of credit in the amount of five thousand U.S. dollars ($5,000):

(a) the beneficiary of the financial guaranty shall be the Commission and/or the County (guarantee);

(b) the performance bond shall provide for the withdrawal of funds as needed to cover the costs associated with maintenance of the facilities' exterior appearance, maintenance or replanting of installed landscape material, and the dismantling and removal of an abandoned WCF or Support Structure and site restoration;

(c) the financial guaranty shall be issued by a financial institution (guarantor) that maintains an office within sixty (60) miles of Monroe County, Indiana, at which the financial guaranty may be presented for full or partial payment.

(B) Each application for placement of a Wireless Communications Facility or Antenna Array shall be subject to Collocation Review, as described in Section 834-4.

(C) With any petition for amendment to the WCF Overlay, the Planning Department and Plan Commission are explicitly authorized, at their discretion, to employ on behalf of the county an independent technical expert to review any technical materials submitted (including but not limited to those required by this section).

834-4. Collocation Review

(A) Collocation shall be required for Wireless Communications Facilities or Antenna Array, unless specifically exempted by the provisions of this section.

(B) Procedures. The Planning Department shall, upon request and/or upon submittal of an application in conformance with Section 834-3, complete a search for suitable collocation sites:

(1) Based upon an existing inventory of wireless communications facilities in Monroe County, and in accordance with existing collocation opportunities, the Planning Department shall promptly provide the applicant with a list of all known existing and proposed wireless communications facilities or support structures that conform with the applicant's prescribed search ring, and the names of the applicable owners or providers.

(C) Basis for Relief - Technical Cause:

(1) Relief from collocation under this section shall require, at discretion of the Planning Department, either a mutually agreeable third party professional verification of provider's data or mutually agreeable third party engineering evaluations that support one or more of the following:

(a) Existing Wireless Communications Facilities or Support Structures do not fall within location tolerances based upon Radio Frequency mapping;

(b) Proposed site(s) do not meet minimum height requirements based upon Radio Frequency engineering data;

(c) Existing Wireless Communications Facilities or Support Structures do not meet structural integrity requirements for the proposed antenna array; or

(d) Placement of the proposed Wireless Communications Facility and/or Antenna Array would impair, or be impaired by, the emission of Radio Frequencies.

(D) Basis for Relief - Financial Cause:

(1) Timing. Where collocation would significantly delay the placement of a WCF or Antenna Array due to scheduling problems (i.e dates set for construction), relief from the requirements of this Section shall be granted at the discretion of the Planning Department. Written documentation (i.e. copies of correspondence) shall be submitted to the Planning Department.

(2) Lease Terms. Lease terms for a site are unreasonable, defined as those terms which exceed the requirements typical for the region, or, lease terms exceed by at least 50% the financial cost of collocation typical for the region. Written documentation (i.e. copies of correspondence) shall be required, at the discretion of the Planning Department.

(3) Where all site and technical requirements are met, but the applicant or petitioner is unable to reach agreement on economic terms with another wireless telecommunications service provider, and when requested by the Planning Department with the concurrence of the Plan Commission, the parties (applicant/petitioner and other wireless telecommunications service provider) shall submit to binding arbitration on the terms for collocation:

(a) Parties shall submit a list of recommended arbitrator candidates; the Planning Department shall select three (3) from the list. Each provider and/or applicant shall have the option of eliminating without prejudice one of the recommended arbitrators. The final selection shall be rendered by the Planning Department.

(b) The Planning Department shall set the timetable for arbitration.

(c) Each party (applicant, owner/operator or provider) shall pay their own expenses and bear 50% of the cost of the arbitration proceedings.

(E) A finding that relief from the collocation requirement is justified does not, in itself, imply or guarantee approval of any petition for amendment to the WCF Overlay. All petitions for amendment to the WCF Overlay shall be subject to the criteria specified by this chapter and all procedures and requirements described in Section 834-8.

834-5. Performance Standards

(A) Security: For all WCF, excepting Attached WCF, a perimeter fence at least six (6) feet high shall be installed to circumscribe and contain the Wireless Communications Facility or Support Structure, along with all accessory structures and/or facilities.

(B) Lighting: Security lighting is not required. However, if security lighting is installed it shall be confined to accessory structures(s), directed downward to minimize glare or intrusion into adjoining properties, and controlled by motion detection equipment. White strobe lighting for night illumination shall not be permitted in any residential zone, AG/RR zone, or FR zone. All other lighting shall comply with the requirements of the FAA.

(C) Landscaping:

(1) The following planting requirements shall be applied to all applications or petitions for construction of Wireless Communications Facilities and/or Support Structures:

(a) A double staggered row of evergreen trees, planted at seven (7) ft. in height and at no less than twelve (12) ft. intervals along the perimeter of the fence to screen the facilities from adjoining properties; or

(b) A mix of deciduous shade trees (2.5" caliper) and large deciduous shrubs (at least 48") of sufficient density along the perimeter of the fence to screen the facilities from adjoining properties.

(2) Existing vegetation within twenty feet of the security fence that is preserved shall be credited towards planting requirements.

(3) The provisions of this section may be waived, in whole or in part, by the Planning Department upon a determination that site conditions would not be adequate to support landscape plantings.

(D) Signage. Identification signage, no more than two square feet in total area, shall be permitted for each WCF or Support Structure. Off-premise signage is prohibited.

(E) Attached WCF. Attached WCF shall be appropriately integrated with, or within, existing structures with due consideration given to siting/placement, color, size and type of construction. Attached WCF shall be designed to minimize visual impact and Antenna Arrays shall not exceed the height of the existing structure by more than ten (10) feet.

(F) Noise. Backup Generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only be conducted between the hours of 8:00 a.m. and 5:00 p.m.

(G) Color and Camouflage:

(1) All WCF, Support Structures, accessory buildings, poles, antennas and other external facilities shall be painted upon installation and thereafter repainted as necessary with a "flat" paint. Except where dictated by the FAA, paint color shall, at the discretion of the Planning Director or Plan Commission, be designed to minimize visibility & blend with the surrounding environment. To this end, improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements that rise above the horizon shall be painted a blue or gray that matches the typical sky color at that location.

(2) The Planning Department and/or Plan Commission shall reserve the right to require architectural camouflage, or "stealth" design, if a proposed WCF site is deemed sensitive for one or more of the following reasons:

(a) the prospective site is located within property officially designated as "Historic" by Monroe County or the City of Bloomington, or located within property listed with the National Register of Historic Places;

(b) the prospective site lies within, or within 300 feet of, a right-of-way classified as a scenic corridor by the Monroe County Comprehensive Plan or the City of Bloomington's Growth Policies' Plan.

(H) Health and Safety. No WCF, Support Structure or other facility shall be constructed, installed, or operated in a manner that would pose, either by itself or in combination with other such facilities, a threat to public health. NIER exposure levels shall not exceed the standards set by local, state or federal government.

(I) Other Performance Standards: Refer to Table 34-1.

834-6. 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 (2) days, subject to the requirements of Section 834-3 (A) (1) through (7). An improvement location shall be issued by the Planning Department upon receipt of a complete application.

(B) One (1) two (2) day extension may be granted by the Planning Department, upon a determination that the Temporary WCF complies with the above.

834-7. WCF Overlay

The WCF Overlay is incorporated into the Monroe County Zoning Maps and is defined in Chapter 802 of the Monroe County Zoning Ordinance. Amendment to the overlay shall be subject to the provisions described below in Section 834-8.

834-8. WCF Overlay Amendment

Requests for amendments to the WCF Overlay shall be made to the Zoning Ordinance Committee. Upon a determination of the committee that a revision is necessary and such revision would be consistent with the purpose of this ordinance, a petition for map amendment shall be submitted to the Plan Commission, in accordance with the procedures and requirements of this Chapter and Chapter 831 of the Monroe County Zoning Ordinance.

(A) In evaluating a request for map amendment, Monroe County shall give due consideration to the Comprehensive Plan, Growth Policies' Plan, Zoning Ordinance, Zoning Maps, the context of the prospective site, the technical constraints of the prospective facility, and the requirements and provisions of this chapter.

834-9. Abandonment

(A) Any WCF or Support Structure that is no longer needed and its use voluntarily discontinued shall be reported immediately by the service provider to the Planning Department. All discontinued WCF and/or Support Structures not needed for future use shall be completely removed by the service provider and/or owner within twelve (12) months and the surface of the site shall be restored to a condition suitable for redevelopment.

(B) Any discontinued WCF or Support Structure not completely removed within twelve (12) months shall be removed by the County. Costs associated with the dismantling and removal of an abandoned WCF or Support Structure and site restoration shall be paid through the financial guaranty (performance bond).

* (LB, GB, LI, HI, IP, ME, CL, CG, CA, IL, IG, BP, I, AP, Q)

** (AG/RR, FR, CR, ER, LR, SR, MR, HR, UR, RE2.5, RE1, RS2, RS3.5, RS4.5, RT7, RM7, RM15)