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HomeMy WebLinkAbout1999-OR-45 ORDINANCE 99-OR-45 AN ORDINANCE AMENDING THE JEFFERSONVILLE ZONING CODE RE: TELECOMMUNICATIONS TOWERS WHEREAS, on the I/[..O~4'''' day of~9,~ the Jeffersonville Plan Commission recommended the adoption of an'~ordinance amending section of the Jeffersonville Zoning Code; and WHEREAS, the Common Council of the City of Jeffersonville ("the CounciF) agrees that said ordinance should be adopted in accordance with the recommendation of the Plan Commission; and WHEREAS, 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 telecommunication service; and WHEREAS, there is a need to maximize the use of any telecommunications transmission towers in order to reduce the total number of towers needed to serve the telecommunications needs of the area; and WHEREAS, there is a need to minimize the adverse, undesirable visual effects of such telecommunications towers and to provide for the reasonable location of such towers in the City of Jeffersonville; and NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana, as follows: The test of the Jeffersonville Zoning Code, being Title XV of the Jeffersonville Code of Ordinances, is hereby amended to regulate telecommunications facilities and antennas as follows: (1) ,DEFINITIONS ACCESSORYSTRUCTURE A subordinate structure detached from but located on the same site as a telecommunications tower, antenna, or other cellular communications equipment, the use of which is incidental and accessory to that of the principal telecommunications tower, antenna or other cellular communications or equipment. ANTENNA Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves. CO-LOCATION SITE A site on an existing or proposed telecommunication tower that can be used for the installation and / or mounting of antennas or cellular communication equipment that operates on a different frequency from that of the initial user. CELLULAR COMMUNICATION EQUIPMENT Antennas and any other transmitting and / or receiving device or other associated devices used in the provision of telecommunications service. INITIAL USER The applicant person, organization or corporation that originally applies to the City of Jeffersonville for approval for the installation of an antenna or other cellular communication equipment or for approval for the construction of a telecommunication tower or facility. TELECOMMUNICATION FACILITY A site that houses a telecommunication tower, support structure, antennas; accessory structures and / or associated cellular communications equipment. TELECONIMUNICATION TOWER ("tower") A monopole or lattice structure situated on a site used to support antennas and cellular communications equipment for transmitting or receiving television, radio, or telephone communications. (2) RESIDENTIAL DISTRICT REGULATIONS This section applies to all property located in the R1 (Single Family Residential) and R2 (Multi-Family Residential) residential districts: (a) Ail [wireless] telecommunications facilities require a Special Exception approval from the Board of Zoning Appeals and must meet the following and all other requirements of this ordinanca; (b) All telecommunications towers must be set back from any property line a distance equal to at least one hundred percent (100%) the height of the tower; (c) Maximum height: tower, one hundred (100) feet - accessory structure, fifteen (15) feet; (d) Telecommunications towers are not permitted in front yards; (e) Minimum number of additional co-location sites to be provided on a one hundred (100) foot tower is two (2); (0 All telecommunications towers must be a monopole design; and (g) All telecommunications towers must be camouflaged through the use of color, materials and landscaping as specified by this ordinance and the Department of Planning and Zoning. (3) BUSINESS DISTRICT REGULATIONS This section applies to all property located in the B1 (Local Business), B2 (Service Business), B3 (General Business), B4 (Thoroughfare Service Business) and the B5 (Business-Industrial) districts: la) All [wireless] telecommunications facilities require a Special Exception approval from the Board of Zoning Appeals and must meet the following and all other requirements of this ordinance; lb) All telecommunications towers must be set back from any property line a distance equal to at teast eighty percent (80%) of the height of the tower; lc) Telecommunications towers are generally not permitted in front yards, except where evidence provided by the applicant demonstrates that placement in a front yard would provide the best camouflage for the tower; (d) Maximum height: tower one hundred fifty (150) feet- accessory structure fifteen (15) feet; (e) Minimum number of additional antenna sites to be provided on a one hundred fifty (150) foot tower is four (4); (f) A tower may not be placed closer to any residential structure than five hundred (500) feet [(if it is closer, a Development Standards Variance will be required from the Board of Zoning Appeals)]; (g) All telecommunications towers must be a monopole design; and (h) All telecommunications towers must be camouflaged through the use of color, materials and landscaping as specified by this ordinance and the Department of Planning and Zoning. (4) INDUSTRIAL DISTRICT REGULATIONS This section applies to all property located in the I1 (Light Industrial Use) and 12 (HeBvy Industrial Use) districts: la) All [wireless] telecommunications facilities require a Special Exception approval from the Board of Zoning Appeals and must meet the following and all other requirements of this ordinance; lb) All telecommunications towers must be set back from any property line a distance equal to at least fifty percent (50%) of the height of the tower; (c) Telecommunications towers are generally not permitted in front yards, except where evidence provided by the applicant demonstrates that placement in a front yard would provide the best cam?uflage for the tower; (d) Maximum height: tower one hundred fifty (150) feet - accessory structure fifteen (15) feet; (e) Minimum number of additional co-location sites to be provided on a one hundred fifty (150) foot tower is four (4); (f) A tower may not be placed closer to any residential structure than five hundred (500) feet [(if it is closer a Development Standards Variance will be required from the Board of Zoning Appeals)]; and (h) All telecommunications towers must be camouflaged through the use of color, materials and landscaping as specified by this ordinance and the Department of Planning and Zoning. (5) HISTORIC DISTRICT AND CONSERVATION DISTRICT REGULATIONS This section (a) (b) applies to all property located in the Jeffersonville Histodc District: An antenna or cellular communications equipment may be located on an existing building or structure that is located in a Jeffersonville Historic or Conservation District only after obtaining a Certificate of Appropriateness from the Jeffersonville Historic Preservation Commission, and thereafter obtaining all other necessary and required approva!s from the Department of Planning and Zoning and the Building Commissioner's Office; A [wireless] telecommunication facility or telecommunication tower is not permitted in or within one quarter of a mile of a Jeffersonville Histodc or Conservation District. (6) GENERAL REQUIREMENTS All Wireless Telecommunication Facilities must comply with the following provisions: Buffer Requirements A. The location of the tower and equipment buildings must comply with all local, state and federal natural resource protection standards. The following buffel' plantings and fence must be located around the perimeter of the outer most perimeter or security fence of a [wireless] telecommunications facility: (a) A live evergreen screen consisting of a hedge, planted three feet on center maximum, or a row of evergreen trees planted a maximum of ten feet on center must be planted around the entire telecommunication facility and each of the guy wires and anchors, if used, and the height of all plants at the time of planting may be no less than five (5) feet; (b) Existing vegetation (trees and shrubs) must be preserved to the maximum extent possible on the entire site; and (c) An eight (8) foot high wooden privacy and secdrity fence shall completely surround the entire telecommunications facility. Access t o Site C. Vehicular access to the tower and equipment building must be provided along any existing driveways, whenever feasible. The wireless telecommunications facility must be fully automated and unattended on a daily basis, and may be visited only for periodic maintenance, emergencies, installations or equipment removal. Design Requirements E. Proposed telecommunications towers and antennas must meet the following design requirements: (a). Telecommunications towers and antennas must be designed to blend into the surroundin9 environment through the use of color, camouflaging and architectural treatment, except in an instance where the color is dictated by federal or state authorities such as the Federal Aviation Administration. (b) [Wireless telecommunication service towers less than 131 feet tall must be of a monopole design, and when located within or adjacent to an environmentally, aesthetically sensitive area or a residential district, designed in such a way as to architecturally camouflage the wireless telecommunication 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 materials compatible with the surrounding environment such as wood, brick, or stucco is required for associated support structures, which must be designed to architecturally match the exterior of residential or commercial structures within the neighborhood or area. Only if the facility will be one hundred percent (100%) screened during all seasons, with an eight (8) foot high wooden privacy fence apd evergreen shrubs, will other materials be approved. (d) Only lighting that is for safety or security reasons, or required by the Federal Aviation Administration or other federal or state authority is permitted. All required ligh~g must be oriented inward so as notto project onto surrounding residen~l proper'des. Co-Location Requirements At a minimum, a monopole must be constructed to support the initial user [(wireless telecommunication antenna)] plus the anticipated loading of the number of additional users required in accordance with this ordinance. lin addition, all other towers must support a third user equal to the antenna loading of the initial user.] The site of the initial telecommunications tower and telecommunication facility must be of sufficient area to allow for the location of one (1) additional telecommunications tower and associated telecommunications facility. [and to allow for the location of two (2) additional non-monopole towers and associated support facilities.] Any proposed [commercial wireless] telecommunication [service] tower must be designed, and engineered structurally, electrically and in all other respects, to accommodate both the applicant ['s height and at least one additional user's for every thirty (30) feet of tower above fifty (50) feet in height.] and the number of additional users as required in accordance with this ordinance. Telecommunication towers must be designed to allow for future rearrangement of cellular communication equipment and antennas upon the tower and to accept cellular communication equipment and antennas mounted at varying heights. [Tower sites must be large enough to accommodate all future accessory structures that may needed by future antenna users,] S itin.q Requirements A proposal for a new [commercial wireless] telecommunications [service] tower shall not be approved unless the applicant submits verification that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or buildings or other structure due to one or more of the following reasons: (a) The planned cellular communications equipment would exceed the structural capacity of the existing or approved towers, buildings, or structures as documented by a qualified and licensed professional engineer, and the existing or approved towers, buildings or structures cannot be reinforced, modified, or replaced to accommodate the planned cellular communication equipment at a reasonable cost. (b) The planned cellular communications equipment would cause interference impacting the usability of other existing [or planned] cellular communications equipment at the site if placed on existing structures. Supportive documentation by a qualified and licensed professional engineer indicating that the interference cannot be prevented a~ a reasonable cost (c) The existing or approved towers, buildings or structures within the search radius cannot accommodate the planned cellular communications equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. (d) Other unforeseen reasons that make it unfeasible or impossible to locate the planned cellular communications equipment upon an existing or approved tower, building or structure. (e) The applicant has been unable to enter a commonly reasonable lease term with the owners of existing towers, buildings or structures. (f) [if agreement cannot be reached between ParlJes both parties shall agree to binding arbitration.] (g) Additional land area is not available at the base of existing towers, buildings or structures to accommodate the proposed telecommunications facility. Construction Requirements All antennas, telecommunications towers, accessory structures and any other wiring constructed within the Jeffersonville Plan Commission jurisdiction shall comply with the following requirements: (a). All applicable provisions of this ordinance and the Building Code of the State of Indiana, as amended, and the Federal Communications Commission when applicable. (b) All telecommunications towers and cellular communications equipment 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, as amended, and the Electronics Industry Association. (c) With the exception of necessary electric and telephone service and connection lines approved by the Board of Zoning Appeals, no part of any cellular communications equipment or telecommunications 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 a right-of-way, public street, highway, sidewalk, trail[s] or property line without appropriate approval from the owner in writing. (d) All telecommunications towers and cellular communications equipment shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended. (e) All telecommunications towers and cellular communications equipment shall be constructed to conform with the requirements of Occupational Safety and Health Administration. (f) [An eight (8) foot high security fence shall completely surround the tower (and guy wires if used) and equipment building.] (g) All signal and remote control conductors of Iow energy extending substantially horizontally above the ground between a towerand other cellular communicaitons equipment, or between towers, shall be at least ten (10) feet above the ground at all points, unless buried underground. (h) All telecommunications towers and cellular communications equipment shall be designed and constructed to ~11 applicable standards of the American National Standards Institute manual, as amended. An engineer's certification shall be submitted for all telecommunications towers and all other cellular communications equipment to document and verify the design specifications, including, but not limited to, the foundation for all towers, [and] anchors for all guy wires (if used), the location of all co-location sites, strength requirements to withstand natural forces such as ice, wind, earth movements, etc. (i) All telecommunications towers and cellular communication equipment shall be designed and constructed, at a minimum, to withstand wind gusts of at least eighty (80) miles per hour with one-half inch ('J/2") of ice and to accommodate all co-location sites as required by this ordinance. Existin.q Structures All requests to install any cellular communications equipment on an existing appmved or "grand~aff~ered" tower, building or structure must be submitted to the Department of Planning and Zoning forappmval. Allsuch requests will on~y require an [building] electrical permit, staff zoning approval, and the contract between the applicant [company] and the owner of the existing tower, building or structure, unless other approvals are required as set out in this ordinance. The following shall apply to existing antennas, telecommunications towers and cellular communications equipment: (a) May continue in use for the purpose now used and as now existing, but may not be replaced or significantly structurally altered without complying h all respects to the requirements set out in t~is Ordinance. (b) Jif such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former location, and physical dimensions upon obtaining a building permit provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be ten percent (10%) more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with all requirements in this Ordinance.] (c) L~Exisfing antennas or towers cannot be used for anything otfler lflan ~/¢~eir originally intended use,] Inspection of Towers The following shall apply to the inspection of telecommunications towers: (a) All towers may be inspected at least once every [one to five (1-5)] year[s], or more often as needed to respond to complaints received, by an official of the Department of Planning and Zoning, the City Engineer, and/or a qualified and licensed consulting engineer to determine compliance with the original construction standards. Deviation from original construction for which a permit was obtained constitutes a violation of this Ordinance. (b) Notice of Violations will be sent by registered mail to the owner and the owner will have thirty (30) days from the date the notification is issued to make repairs. The owner is required to notify the Building Commissioner that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results of same. Abandoned Towers Any tower unused or left abandoned for six (6) months will be removed by the tower owner at its expense. Should the telecommunications tower owner fail to remove the tower after thirty (30) days from the date a Notice of Violation is issued, the City of Jeffersonville may remove the tower and bill the owner for the costs of removal and cleanup of the site. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance was passed and adopted by the Common Council of the City of Jeffersonville Indiana on the ,,~ th day of.5'fP?' , 1999. A-FI:EST: C. Richarld~Spencer, Jr. '¢ / Clerk and Treasurer Prese_ot~ed by me ~/-2-/'~ day of as Clerk ai~d Treasurer to the Mayor of said City of Jeffersonville this ~'z:?7'Z,ff'4¢~'/~ , 1999. C. Richa~Spencer, Jr. Clerk and Treasurer This Ordinance approved and signed by me this ~O<'V day of.J<¢~'/%_//'/¢¢/'¢ ,1999. ~~Thomas~n, Mayor /~ ~/- ~ Plan Commission City of Jeffersonville, Indiana. Certificate of Action: The Jeffersonville Plan Commission, after holding the required Public Hearing, did by a vote of tO-O, on ~. [bo ,1999 in the Multi-Purpose Meeting Room of the Jeffersonvilte City - C~unty Building at a regularly scheduled meeting of the Plan Commission, approve an amendment to the Jeffersonville Zoning Ordinance as amended. The Jeffersonville Plan C, pc~mis.sion hereby certifies the said Jeffersonville Zoning cO~ndis~ance and~Z,e~ing .¢j~s.~-nended to the Jeffersonville City Council for its E d~m-V~o,v!e s, Vice-Chairman Janie..,~Grimes Clark Miles Girard Vorgang ~oet Ellingsworth / Ron Ellis Emma Jea~'Gr~'o mbs _ -Lawr~==,~C~ Ge.~sner ~ ~