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 facili- ties; to allow the providers of wireless communications services to provide such services to the community effectively and effi- ciently 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 protect the scenic, his- toric, and environmental quality of Monroe County from the ad- verse impacts of wireless communications facilities development; promote long-range planning and cooperation between the citizens and property owners of Monroe County, the Monroe County Plan Com- mission and County Commissioners, and the wireless communications services providers; to protect the public health, safety, and general welfare of the community; and to give due regard to the policies of Monroe County's Comprehensive Plan and the City of Bloomington's Growth Policies Plan in evaluating proposals for wireless communications facilities. 834-2. Permitted Uses (A) Permitted Uses include: (1) Collocation: 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 Wireless Communications Facilities: placement of an Antenna Array if integrated with or within another existing structure and no increase in the height of the existing structure is required. (3) Replacement of a legal, existing WCF, Support Structure, or Antenna Array with a similar facility of equal size, subject to the provisions and requirements of this Chapter and the Monroe County Zoning Ordinance. (4) Minor WCF: placement of a Minor Wireless Communications Facility on any parcel not located within the following residen- tial zones: CR, ER, LR, SR, MR, HR, UR, RE2.5, RE1, RS2, RS3.5, RS4.5, RM7, RM15. (5) WCF Overlay District: placement of Antenna Arrays or con- struction of Wireless Communications Facilities, including Minor Wireless Communications Facilities, within the WCF Overlay, as defined on the Monroe County Zoning Maps. (a) For placement of WCF 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) No more than one (1) WCF or Support Structure shall be permitted within any WCF Overlay District area. WCF Overlay Dis- trict 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 per- mitted uses: (1) All Wireless Communications Facilities and Support Struc- tures 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 De- partment; (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 with- out 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 addi- tional 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 agen- cies with regulatory authority. (2) Inventory of the provider's existing Wireless Communica- tions Facilities and/or Antenna Arrays within Monroe County and within three (3) miles of the boundaries of the County planning jurisdiction, along with a five- year plan describing any poten- tial future facility locations. The inventory and master plan shall include: (a) locations (by property address, latitude/longitude coordi- nates, and township, range, section, 1/4 section); (b) height and type of each facility; (c) information on the practical capacity for accommodating additional collocated antenna arrays; (d) delineation of existing and anticipated coverage patterns in Monroe County; (e) a demonstration of need for the proposed facility and the anticipated impact of the proposed facility upon existing cover- age patterns. (3) A site plan, drawn to scale, that includes the following information: (a) all property lines, with distances and bearings illustrat- ed; (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 and/or illustrations that describe 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 con- ditions 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 by the Plan Commission. (8) For each WCF or Support Structure, a maintenance and facil- ity removal agreement signed by the applicants and/or petition- ers. Said agreement shall bind the responsible parties and all successors in interest to properly maintain the exterior appear- ance of all facilities and, ultimately, remove any and all facil- ities upon abandonment in compliance with the provisions of this chapter and any conditions of approval. Further, said agreement shall bind the responsible parties to pay all costs for monitor- ing compliance with, and enforcement of, the agreement and to re- imburse Monroe County for any and all costs incurred to perform any work required by this agreement that the responsible parties fail to perform. Said agreement shall be coutersigned by the Ad- ministrator of the Planning Department and recorded in the office of the Monroe County Recorder. (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 autho- rized, at their discretion, to employ on behalf of the county and at the petitioner's expense, an independent technical expert to review any technical materials submitted (including but not lim- ited 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 Sec- tion 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 col- location opportunities, the Planning Department shall promptly provide the applicant with a list of all known existing and pro- posed 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 da- ta 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 Ra- dio 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 emis- sion of Radio Frequencies. (D) Basis for Relief - Financial Cause: (1) Timing. Where collocation would delay the placement of a WCF or Antenna Array for six (6) or more months due to scheduling problems (i.e dates set for construction), relief from the re- quirements of this Section shall be granted by the Planning De- partment. Written documentation (i.e. copies of correspondence) shall be submitted to the Planning Department. (2) Lease Terms. Lease terms for a site are unreasonable, de- fined 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 documenta- tion (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 concur- rence 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 can- didates; 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 arbi- tration. (c) Each party (applicant, owner/operator or provider) shall pay their own expenses and bear 50% of the cost of the arbitra- tion 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 de- scribed 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 circum- scribe and contain the Wireless Communications Facility or Sup- port Structure, along with all accessory structures and/or facil- ities. Use of razor wire is strictly prohibited. (B) Lighting: (1) Security lighting is not required. However, if security lighting is installed it shall be confined to accessory struc- tures(s), directed downward to minimize glare or intrusion into adjoining properties, and controlled by motion detection equip- ment. (2) Unless specifically required by the FAA, white strobe lighting for night illumination shall not be permitted. Daytime use of white strobe lighting is permitted, where lighting is re- quired by the FAA. (C) Landscaping: (1) The following planting requirements shall be applied to all applications or petitions for construction of Wireless Communica- tions Facilities and/or Support Structures: (a) A double staggered row of evergreen trees, planted at sev- en (7) ft. in height and at no more than fifteen (15) ft. inter- vals 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 re- quirements. (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 plant- ings; or, that architectural camouflage ("stealth" design) will satisfy the intent of this section. (4) All landscape plantings shall be properly maintained to en- sure their good health and viability. (D) Signage. Identification signage, no more than two square feet in total area, shall be permitted for each WCF, Support Structure, and/or accessory facility. Off-premise signage is prohibited. (E) Attached WCF. Attached WCF shall be appropriately integrat- ed with, or within, existing structures with due consideration given to siting/placement, color, camouflage, size and type of construction. Attached WCF shall be designed to minimize visual impact and Antenna Arrays shall not exceed the height of the ex- isting structure by more than ten (10) feet. (F) Noise: (1) Noise-producing equipment shall be sited and/or insulated to guarantee that no increase in noise above ambient levels mea- sured at the property line occur. (2) Backup Generators shall only be operated during power out- ages and for testing and maintenance purposes. Routine testing and maintenance shall only be conducted between the hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday. (G) Color and Camouflage: (1) All WCF, Support Structures, accessory buildings, poles, antennas and other external facilities shall be painted upon in- stallation 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 en- vironment. 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) Accessory buildings and/or structures shall be designed to be architecturally similar and compatible with each other, and shall not exceed twelve (12) feet in height and 750 square feet in area. Accessory buildings and/or structures shall be used on- ly for the housing of equipment needed to service the WCF and/or Antenna Array(s) located on the premises. Where possible, acces- sory buildings and/or structures shall be attached or clustered so as to appear as one building. Exterior facades shall incorpo- rate materials, textures and colors that blend with the surround- ings to minimize visual impact. (3) The Planning Department and/or Plan Commission shall re- serve 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 Bloom- ington, or located within property listed with the National Reg- ister 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 Coun- ty Comprehensive Plan or the City of Bloomington's Growth Poli- cies' Plan; (c) the prospective site lies within Area 1 of the Environmen- tal Constraints Overlay Zone (Monroe and Griffey Reservoirs). (H) Health and Safety: (1) No WCF, Support Structure or other facility shall be con- structed, installed, or operated in a manner that would pose, ei- ther 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. (2) Copies of inspection reports required by the FAA and/or the FCC (3) WCF, Minor WCF and/or Support Structures that would be classified as a hazard to air navigation, as defined by the Fed- eral Aviation Administration, shall not be permitted. (I) Other Performance Standards: Refer to Table 34-1. 834-6. Temporary WCF (A) Temporary WCF or antennas shall be permitted for test pur- poses, emergency communications or in the event of equipment failure for a maximum period of two (2) days, subject to the re- quirements 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 pro- visions 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 commit- tee that a revision is necessary and such revision would be con- sistent with the purpose of this ordinance, a petition for map amendment shall be submitted to the Plan Commission, in accor- dance 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 discontin- ued WCF and/or Support Structures not needed for future use shall be completely removed by, and at the expense of, the service provider and/or owner within twelve (12) months and the surface of the site shall be restored to a condition suitable for rede- velopment. (B) Any discontinued WCF or Support Structure not completely re- moved 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 by the service provider and/or owner as bound by the terms of the maintenance and facility removal agreement described in Section 834-3 (A) (8). ------------------------------------------------------------------------------- T a b l e 3 4 - 1 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Performance Standard Minor WCF WCF, Support Structures ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Type of Construction (WCF or Support Structure) Monopole Monopole ------------------------------------------------------------------------------- Provisions for Additional Collocated Antenna Arrays 1 2 (minimum) ------------------------------------------------------------------------------- Maximum Permitted Height 60 feet 199 feet ------------------------------------------------------------------------------- Minimum Distance from Adjoining Residence *1* 150% proposed height 150% proposed height ------------------------------------------------------------------------------- Front Yard Setback (minimum) 50 ft. 100 ft. ------------------------------------------------------------------------------- Side Yard Setback (minimum) 100% proposed height 100% proposed height ------------------------------------------------------------------------------- Rear Yard Setback (minimum) 100% proposed height 100% proposed height ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- *1* Not applicable to a residence located on property containing a Minor WCF, WCF or Support Structure. ------------------------------------------------------------------------------- CHAPTER 801 DEFINITIONS Delete the following definition: Attached Communications Facility. A communications facility that is affixed to an existing structure, such as an existing build- ing, tower, water tank, utility pole, etc. Antenna. Any structure or device used for the purpose of col- lecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dish- es, 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 commu- nications towers, alternative tower structures, etc. Add the following definitions to Chapter 801: Antenna Array. One or more whips, panels, discs or similar de- vices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (whip), di- rectional antenna (panel) and parabolic antenna (disc). The An- tenna Array does not include the Support Structure as defined in this chapter. Attached Wireless Communications Facility (Attached WCF). An An- tenna 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 accompa- nying 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, place- ment of an Attached WCF. Equipment Facility. Any accessory structure used to contain an- cillary equipment for WCF which may include cabinets, small shelters, pedestals or other similar structures. Height, WCF. The vertical distance of a WCF or Support Struc- ture, as measured from the ground elevation at the base of the WCF or Support Structure to the top of the structure, including Antenna Array(s). Minor WCF. Minor Wireless Communications Facilities shall in- clude those Wireless Communications Facilities that do not exceed sixty (60) feet in height and are generally regarded as micro- cells or repeater stations. Search Ring. A limited geographical area with an approximate ra- dius of 1/2 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 At- tached 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 con- struction 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 com- mercial wireless telecommunications services (PCS), specialized mobile radio (SMR) enhanced specialized mobile radio (ESMR), pag- ing, 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 Per- taining to Permitted Uses . Replace with: 32. (Unassigned) Delete the following definition: Telecommunications Tower. A structure built exclusively to sup- port one or more antenna for receiving and/or transmitting elec- tronic data or telephone communications. Revise 802-1 (B) as follows: FH Special Flood Hazard Area; HP Historic Preserva- tion (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, includ- ing but not limited to: placement of wireless communications fa- cilities, antenna arrays, support structures, and equipment fa- cilities 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 tow- ers, 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...