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 for adequate coverage and capacity 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, historic, aesthetic and environmental quality of Monroe County from the adverse 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 Commission 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 and Conditional Uses

(A) Permitted Uses. 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/within another existing structure (excepting WCF and Minor WCF) and no more than a 15 ft. 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 an equal or smaller 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 within any of the following:

(a) LB, GB, LI, HI, IP, ME, CL, CG, CA, IL, IG, BP, I, and Q zoning districts;

(b) AG/RR and FR zoning districts provided that the proposed facility would be located at least 300 ft. from the nearest adjoining residence;

(c) The easement of a high-power overhead transmission line; or

(d) Property containing a water tank owned and operated by any local water corporation or the City of Bloomington Utilities, provided that the Minor WCF is located within 100 ft. of the water tank structure.

(5) WCF Overlay District: Placement of Antenna Arrays or construction of Wireless Communications Facilities, including Minor Wireless Communications Facilities, shall be permitted within a WCF Overlay District (defined by the Monroe County Zoning Maps).

(a) Amendments to the WCF Overlay District (map amendments) shall be subject to the procedures and requirements for rezone approval as described in Section 834-8 below.

(B) Conditional Uses. In addition to the requirements of this Chapter, Conditional Uses shall be subject to the requirements of Chapter 813 (Conditional Uses), Sections 813-3, and 813-5 though 813-7. Conditional Use approval shall be required for the following:

(5) Placement of a WCF in the following zoning districts: LI, HI, IP, ME, IL, IG, BP, I, and Q; provided that:

(a) for each one (1) ft. of height, the proposed WCF would be located at least two and one-half (2.5) ft. from the nearest adjoining residence.

(6) Placement of a WCF in an AG/RR or FR zoning district provided that:

(a) for each one (1) ft. of height, the proposed WCF would be located at least five (5) ft. from the nearest adjoining residence.

(C) Conditions of Approval. The following conditions of approval shall apply to all permitted and conditional uses:

(1) All Wireless Communications Facilities and Support Structures 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) Property owners and/or lessors shall accept and accommodate the provisions for collocation prescribed by this ordinance, and shall agree to the renting or leasing of space on a Support Structure or WCF, for collocation, at fair market prices and terms without discrimination.

(4) 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.

(5) No approval for a Minor WCF, WCF or Support Structure shall be deemed valid until authorization (written approval) or a written statement of no objection from all relevant federal, state or local agencies with regulatory authority has been submitted to the Planning Department.

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) 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.

(3) A written statement and/or illustrations that describe the proposed wireless communications facility (type of construction, tower height, provisions for collocation).

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

(a) locations of facilities (by property address, latitude/longitude coordinates, 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 coverage patterns;

(f) type of service to be provided (i.e. paging, PCS, etc.)

(5) 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;

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

(d) proposed wireless communications facilities; and

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

(6) 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.

(7) A scaled three-dimensional model of the proposed facility.

(8) For each WCF or Support Structure, a maintenance and facility removal agreement signed by the applicants and/or petitioners. Said agreement shall bind the responsible parties and all successors in interest to properly maintain the exterior appearance of all facilities and, ultimately, remove any and all facilities 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 monitoring compliance with, and enforcement of, the agreement and to reimburse 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 countersigned by the Administrator of the Planning Department and recorded in the office of the Monroe County Recorder.

(9) Indemnification. Monroe County shall not enter into any lease agreement or authorize the placement of any Minor WCF, WCF or Support Structure until and unless Monroe County obtains an adequate indemnification from the applicants (owners/operators) and/or wireless communications service providers. This indemnification must at lease:

(a) Release Monroe County from, and against, any and all liability and responsibility in or arising out of the construction, operation, or repair of a wireless communications facility and/or antenna array. Wireless communications service providers agree to not sue or seek any monies or damages from Monroe County in connection with the above.

(b) Indemnify and hold harmless Monroe County, its elected and appointed officials, agents, servants and employees, from and against any and all claims, demands, or causes of action whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorney's fees, liabilities, damages, orders, judgements or decrees, sustained by Monroe County or any third party arising out of, or by and reason of, or resulting from, or out of each wireless communications facility's owner's, operator's, agent's, employee's, or servant's negligible acts, errors, or omissions.

(c) Provide that the covenants and representatives relating to the indemnification provision shall survive the term of any agreement and continue in force and effect as to the responsibility of the party to indemnify.

(10) Copies of inspections or reports that are required by, and have been submitted to, the FAA and/or the FCC.

(11) The fee, in accordance with the standards set by the Plan Commission.

(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 application, or 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 and at the petitioner's expense, 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 lie within one mile of the proposed site, 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 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 requirements of this Section shall be granted by 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 significantly 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.

(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, including Minor WCF but excepting Attached WCF, a perimeter fence at least six (6) feet high shall be installed to circumscribe and contain the WCF, along with all accessory structures and/or facilities. 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 structures(s), directed downward to minimize glare or intrusion into adjoining properties, and controlled by motion detection equipment.

(2) Other lighting shall not be permitted, unless specifically required by the FAA. Where required, white strobe lighting for night illumination shall not be permitted. Daytime use of white strobe lighting is permitted, where lighting is required by the FAA.

(C) Landscaping:

(1) The following planting requirements shall be applied to all applications or petitions for construction of Minor WCF, WCF and/or Support Structures:

(a) A double staggered row of evergreen trees, planted at seven (7) ft. in height and at no more than fifteen (15) 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; or, that architectural camouflage ("stealth" design) will satisfy the intent of this section.

(4) All landscape plantings shall be properly maintained or replaced as necessary to ensure their good health and viability for the life of the Minor WCF, WCF and/or Support Structure.

(D) Signage. Identification signage, no more than three square feet in total area, shall be required for each Minor WCF, 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 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, 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 existing structure by more than fifteen (15) feet.

(F) Noise:

(1) Noise-producing equipment shall be sited and/or insulated to guarantee that no increase in noise above ambient levels measured at the property line occur.

(2) Backup Generators shall only be operated during power outages 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 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) 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 only for the housing of equipment needed to service the WCF and/or Antenna Array(s) located on the premises. Where possible, accessory buildings and/or structures shall be attached or clustered so as to appear as one building. Exterior facades shall incorporate materials, textures and colors that blend with the surroundings to minimize visual impact.

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

(a) the prospective site is located within property officially designated as "Historic" by the State of Indiana, 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;

(c) the prospective site lies within Area 1 or Area 2 of the Environmental Constraints Overlay Zone (Monroe and Griffey Reservoirs).

(H) Materials. Excepting Attached WCF, all Support Structures shall be constructed of galvanized metal. The provisions of this section may be waived by the Planning Department upon a determination that architectural camouflage ("stealth" design) will satisfy the intent of this section.

(I) Health and Safety:

(1) All WCF, Minor WCF and/or Support Structures shall be constructed, operated, maintained and monitored in compliance with all applicable federal (i.e. FCC and FAA) and state standards and requirements.

(2) WCF, Minor 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.

(J) 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 (5) and (10). 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 and requirements 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, and at the expense of, the service provider and/or owner within twelve (12) months from the date of abandonment 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 from the date of abandonment 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).

Not applicable to a residence located on property containing the proposed Minor WCF, WCF or Support Structure.

No WCF, Support Structure, or Antenna Array shall be permitted at a height that would require night illumination (except where such illumination is necessary due to proximity to an airport).

For the purposes of this requirement, residential zones include the following: FR, AG/RR, CR, ER, SR, LR, MR, HR, UR, RE2.5, RE1, RS2, RS3.5, RS4.5, RT7, RM7, RM15.

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 or Support Structure, 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 include those Wireless Communications Facilities that do not exceed sixty (60) feet in height and are generally regarded as microcells or repeater stations.

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.

Utility Structure. Any structure owned and/or operated by a public utility regulated by the Utilities Regulatory Commission (URC), excepting all WCF, Minor WCF and/or Support Structures.

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...