Part IV Article XXXVI COMMERCIAL COMMUNICATIONS FACILITIES

Transcription

1 Part IV Article XXXVI COMMERCIAL COMMUNICATIONS FACILITIES Section 3600 Statement of Purpose The purposes of this Ordinance are: - to regulate the construction, placement, and modification of communications facilities; - to preserve the aesthetic character and minimize the land use and visual impacts in the Valparaiso community from uncontrolled sprouting of communications facilities; - to consistently and fairly permit the construction, placement, and modification of communications facilities; - to provide the community with the benefits from new technological advances in communications; - to promote front-end and long ranging planning with communications service providers as needs and technologies change; and - to protect the public health, safety, and general welfare of the community. Section 3610 Scope of Application Hereinafter, all construction, placement, and modification of communications facilities within the City of Valparaiso shall conform to the requirements of this Ordinance, all State and Federal regulations, and the Uniform Building Code. Section 3620 Administration The Building Commissioner shall have the power to administer and enforce the provisions of this Ordinance. The Building Commissioner may delegate and assign such administrative, enforcement, and inspection duties hereunder to the City Police Department, the City Fire Department, or other appropriate person or agency. Section 3630 Definitions 1. Antenna: A device used in communications which transmits or receives radio or television signals, or any other spectrum-based transmissions/receptions. Antenna types include, but are not limited to omni-directional "whip" antenna, directional "panel" antenna, dish "microwave" antenna, and ancillary antenna. 2. Co-Location: Locating wireless communications equipment from more than one provider on a single site. 3. Commercial Wireless Communications Service: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. 4. Communications Facility: A land use facility, including any towers, accessory buildings, and structures, supporting antennas or other structures intended for use in connection with the commercial transmission or receipt of radio or television signals, or any other spectrumbased transmissions/receptions. Article XXXVI - 1 of 9

2 5. Communications Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas. The term includes radio and television transmission towers, microwave towers, cellular telephone and wireless communications towers, alternative tower structures, and the like. Tower types include, but are not limited to guyed towers, wooden poles, lattice towers, and monopoles. 6. Designed Fail Area: The area surrounding a tower in which the tower could fall should it fail as structurally designed. The designed fail area is quantified in terms of linear distance from the tower to perimeter of the designed fail area. The designed fail area shall be certified by a structural engineer. 7. Guyed Towers: A tower anchored by cables or wires typically ranging in height from feet which can accommodate a variety of users and antennas. These towers need significantly more land than a free standing tower. 8. Lattice Towers: A free standing tower typically ranging in height from feet and can accommodate a variety of users. These towers generally have three or four support steel "legs" and hold a variety of antennas. 9. Monopole Towers: A free standing tower typically ranging in height from feet which can accommodate multiple users. These towers consist of a single pole, approximately 3 feet in diameter at the base and narrowing to roughly 1.5 feet at the top and hold a variety of antennas. 10. Radiofrequency Emission (RF): A non-ionizing electromagnetic energy used to transmit communications signals through space. Non-ionizing energy is absorbed as heat, if absorbed at all. 11. Tower Height: The vertical distance from the ground level to the highest point of the tower or attached antenna or similar device, including attached communications facilities. 12. Tower Setback: The horizontal distance from the base of the tower to an abutting property line and/or proposed right-of-way. Section 3640 Existing Communications Facilities Communications facilities in existence on the date of adoption of this Ordinance which do not conform to or comply with this Article are subject to the following: (A) Legal nonconforming Communications Facility: Any communications facility located within the city limits on the date of adoption of this Ordinance which does not conform to the provisions of this chapter is eligible for characterization as a "legal nonconforming" communications facility and is permitted, provided it also meets the following requirements: The communications facility was covered by a building permit or variance on the date of adoption of this Ordinance if one was required under applicable law, or, if no building permit was required under applicable law for the communications facility in question, the communications facility had legal nonconforming status at such time. (B) Unlawful Communications Facility. Any nonconforming communications facility which does not fit the definition of a "legal nonconforming" communications facility is an unlawful communications facility. (C) Annexed Communications Facility. If land is annexed to the City of Valparaiso subsequent to the effective date of this Ordinance, any communications facility upon such annexed land Article XXXVI - 2 of 9

3 which does not conform to this Ordinance at such time shall have legal nonconforming status if: (1) Under applicable federal, state, and county regulations, the communications facility was legal in all respects immediately prior to annexation; and (2) The annexation was not conditioned upon the removal or modification of the communications facility. Any communications facility not meeting such requirements is an unlawful communications facility. (D) Loss of legal nonconforming status. In addition to the criteria set forth under Article V, of the Valparaiso Zoning Ordinance, legal nonconforming communications facility shall immediately lose its legal nonconforming status if: (1) The communications facility because of improper installation or maintenance, constitutes a threat to public health or safety and remains in such condition after a reasonable time is given to remedy the problem; (2) The communications facility is demolished or damaged to the extent of 50% or more of its value; (3) The permit, variance, or condition under which the communications facility was allowed expires; or (4) The communications facility is substantially structurally altered so as to prolong its expected life. On the happening of any one of the above-listed events, the communications facility shall be immediately brought into conformance with this Ordinance or shall be removed. (E) Nothing in this Ordinance shall relieve the owner or user of a legal nonconforming communications facility or owner of the property on which the legal nonconforming communications facility is located from any provisions regarding safety, maintenance and repair of the communications facility. Section 3650 Classification of Communications Facilities For the purpose of applying differing degrees of regulation, each communications facility shall be in one of the following classifications: A. Attached Communications Facility. A communication facility is an "attached communications facility" if it is affixed to a pre-existing structure (including buildings, water tanks, communications towers) provided such structure conforms to all applicable regulations, including building and zoning regulations. B. Minor Communications Facility. A communications facility is a "minor communications facility" if it: (1) is not an "attached communications facility;" (2) is of monopole construction and extends no higher than 125 feet above the ground at its base at its highest point; and (3) is not located within one-half mile from any "minor" or "major" communications facility which (a) currently exists, or Article XXXVI - 3 of 9

4 (b) does not yet exist but has, previous to the filing of this application, been applied for, provided that such other application has not yet been finally denied. C. Major Communications Facility. A communications facility is a "major communications facility" if it is neither an "attached" nor a "minor" facility. Section 3660 Basic Regulation The basic regulation and approval mechanism for communications facilities is as follows: A. Attached Communications Facility. Such facility, provided it complies with 3670, will be approved only if: (1) it is located in any of the following zoning districts: OS, C-1, C-2, C-3, C-4, M-1, M- 2, and a. in order to minimize visual impact, its placement and design is approved by the Site Review Committee for such facilities affixed to a pre-existing communications tower, buildings or water tower tanks. B. Minor Communications Facility. Such facility, provided it complies with 3670, will be approved only if it is located in any of the following zoning districts: M-1, M-2. C. Major Communications Facility. Such facility, provided it complies with 3670, will be approved only if, with due regard for all applicable Federal regulations, it: (1) is located in any of the following zoning districts: M-1, M-2; and (2) is approved by the Board of Zoning Appeals as a "Special Exception" in such zoning district upon proof that it constitutes a desirable and stable development in harmony with development in adjacent areas and is not contrary to the spirit and purpose of this Ordinance. Section 3670 General Requirements (A) All communications facilities shall comply with the following regulations as shown by the submittal of necessary documentation and/or inclusion on a site plan or the making of written promises. No building permit shall be issued until complete compliance is demonstrated. 1. Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. 2. Signs and Advertising: The use of any portion of a communications facility for signs other than warning or equipment information signs is prohibited. 3. Abandoned or Unused Towers or Portions of Towers: Abandoned or unused communications facilities shall be removed within 120 days from the date of ceasing operations. A copy of the notice to the Federal Communications Commission of intent to cease operations of subject facility shall be submitted to the City of Valparaiso. If the lot or parcel for the facility is leased, a copy of the relevant portions of a signed lease which requires the removal of the communications facility upon cessation of operations at the site shall be submitted at the time of application for a building permit. 4. Antenna Capacity/Wind Load: Communications facilities shall be certified by a qualified and licensed professional engineer in the State of Indiana to conform to the latest structural Article XXXVI - 4 of 9

5 standards and wind loading requirements of the Uniform Building Code and the Electronic Industry Association. 5. Radiofrequency Emissions (RF): Documentation the proposed communications facility will comply with the latest health and safety standards established by the Federal Communications Commission on RF emissions and exposures. 6. Liability Insurance: Proof of adequate liability insurance shall be filed with the City of Valparaiso annually. 7. Tower Color: The color of the proposed tower will be of a light tone or color (except as required by the FAA) so as to minimize visual impact. 8. Communications Facility Report: A report shall be submitted to the City describing the type of proposed communications facility, its effective range, and the technical reasons for its design and placement. If the proposed communications facility cannot be accommodated on an existing or approved facility within a one mile search radius of the proposed site, the report shall specify the reasons and conditions along with supporting proof. And in an effort to promote long-range planning to minimize the number of towers and their impact on the community, providers of commercial wireless communications service shall include a plan delineating existing and any proposed and\or anticipated facilities within Porter County. 9. Visual Impact Statement: A statement and visual material (i.e. a plan, pictures, etc) indicating where within a one mile radius any portion of the proposed facility can be seen from ground level. 10. Bond: All applicants will furnish a surety bond or make an equivalent cash deposit in an amount to be determined by the Building Commissioner to be necessary to remove an abandoned facility in the event the persons responsible for such removal default. (B) All major and minor communications facilities shall comply with the following regulations as shown by the submittal of necessary documentation and/or inclusion on a site plan. No building permit shall be issued until complete compliance is demonstrated. 1. Placement: Towers shall be sited within the rear yard unless located on a vacant lot or parcel. 2. Setbacks: Minimum setback requirements for communications facilities shall be based on the following, provided setbacks are not less than the requirements of the underlay or overlay zone: a) monopole type towers shall provide a minimum setback of the tower designed fail area plus 10% of the tower height. b) guyed and lattice type towers shall provide a minimum setback of the tower designed fail area plus 25% of the tower height. c) towers sited on a lot or parcel which borders on a residential and\or commercial district, shall provide a minimum setback of 150% of the tower height from said residential district and 75% of the tower height from said commercial district unless a) or b) above is greater. d) communications ancillary buildings shall comply with setback requirements as established under Article IV 450 for accessory structures. 3. Screening: The lowest ten feet of a communications ancillary building and tower shall be visually screened on a year-round basis with suitable vegetation and\or nearby buildings. The scale and nature of vegetation shall be of sufficient density to conform with the above Article XXXVI - 5 of 9

6 requirements within three years, as determined by the Valparaiso Department of Parks and Recreation. 4. Security fence: Ground ancillary buildings and towers shall have a security fence erected within the visually screened area. 5. Co-Location Agreement: A proposal for a new communications tower shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height and for at least one additional user if the tower is over 60 feet in height. The tower owner shall allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. The conditions and terms for shared use shall be submitted to the City of Valparaiso. If the land for the tower is leased, a copy of the relevant portions of a signed lease allowing the tower owner to add additional users and associated facilities on the tower shall be submitted at the time of application to the City for tower erection. Section 3680 Communications Facility Permit Required No person shall (through his own action or those of persons he hires or directs) commence to erect, alter, construct, or relocate any communications facility without first obtaining a written Building Permit from the Building Commissioner. No person shall engage in any work requiring a permit without having the written permit in his possession at the job site. Section 3681 Permit Application Procedures Request for the erection, placement, or modification of a communications facility shall require a site review in accordance with Article XXXV of the zoning ordinance prior to making application for a building permit. Application for a building permit for any communications facilities may be made by the owner or agent of the facility or by a person acting on the agent's behalf. Applications shall be accompanied by the required fee and shall be made on a form provided by the Building Commissioner and shall contain or have attached thereto the following information: 1. Name, address, and telephone number of the applicant; 2. Name, address, and telephone number of the owner of the property, if not the applicant. 3. Name, address, and telephone number of the contractor who will erect, alter, construct, or relocate the communications facility (if not the applicant); 4. Name, address, and telephone number of the person or firm for whom the communications facility is installed (if not the applicant); 5. A detailed site plan of the parcel or lot showing the position of the communications facilities in relation to building(s) or structure(s), easements, rights-of-way, and applicable set-back lines; 6. A detailed site plan identifying any structure(s), height, use(s) within the tower designated fail area as certified by a structural engineer; 7. Two blue prints or ink drawings to scale of the plans and specifications and method of construction, attachment to the building or other structure or placement in the ground; 8. A copy of the stress sheets and calculations owing the structure's deadload and wind pressure capacities as certified by a structural engineer; 9. A description of any right-of-way cuts and\or utility service to be installed; Article XXXVI - 6 of 9

7 10. Written consent or other proof of authorization of the owner of the building, structure, land to which or on which the communications facility is to be erected; 11. Copies of any necessary easements; and 12. Such other information as the Building Commissioner may require to demonstrate full compliance with this Ordinance, other City Ordinance, or any applicable requirement of state or federal law. 13. It shall be the duty of the applicant to inform the City of Valparaiso of any changes in ownership of the facility or ownership of the property in question. Section 3682 Issuance of Communications Facility Permit The Building Commissioner shall, within 30 days of the filing of the completed application, grant such permit if, and only if: 1. The application contains all necessary information; 2. The appropriate Building Permit fee has been paid; 3. The person erecting, altering, constructing, or relocating a communications facility holds a valid and current contractor registration with the City; 4. If the communications facility requires electrical service, proof that the electrical work will be done by an electrician who is in compliance with all state and local licensing requirements; 5. The communications facility complies with this Ordinance, all other City Ordinances, and all applicable state and federal laws. The Building Commissioner may grant a permit on the condition that the work be stopped at specified time(s) to permit inspection(s). If the Building Commissioner denies such permit, he shall state the reason(s) therefor to the applicant. If the Building Commissioner fails to take any action within 30 days, the application is deemed denied. All denials are appealable pursuant to Section 3683 Permit and License Fees The Building Commissioner shall maintain a schedule of fees for building permits. The amounts for such permits thereof shall be set from time to time by the Common Council. Section 3684 Stop Orders The Building Commissioner or his delegee may issue a Stop Order commanding that work on a communications facility cease if (a) the facility requires a permit and none has been issued, (b) the person or firm erecting, altering, removing, or constructing the facility is not a registered and valid contractor, (c) the facility violates any provision of this Ordinance, or (d) the continuation of the work otherwise threatens public safety. Section 3685 Inspections All communications facilities for which a permit is required shall be subject to inspection by the Building Commissioner or his delegee. Footing inspections may be required by the Building Commissioner for all facilities having footings. All facilities containing electrical wiring shall be subject to the provisions of the National Electric Code. Section 3686 Notice of Violation Article XXXVI - 7 of 9

8 When written notice of violation of any of the provisions of this chapter has been served on the property owner, agent, occupant, contractor, or builder, such violation shall be discontinued. Unless the Building Commissioner specifies a particular time by which the violation must be removed, it shall be assumed that each day the violation continues constitutes a separate violation. Section 3687 Right of Injunction The Building Commissioner or his designated representative may institute a suit for injunction in an appropriate court to restrain an individual from violating the provisions of this Ordinance and may also institute a suit for a mandatory injunction directing the removal of any structure or improvement. Such remedy shall be in addition to other remedies, fines, and enforcements set forth in this or any other Ordinance. Section 3688 Right of Entry In order to determine if any communications facility or structure is unlawfully erected, altered, or maintained, the Building Commissioner or any officer of the City may enter onto that property to investigate the matter and may take appropriate action to bring such communications facility or structure into compliance. However, before action to bring such communications facility or structure into compliance may be taken, all persons holding a substantial interest in the communications facility or structure, as identified by 3681, must be notified and given a reasonable opportunity to bring the facility or structure into compliance, except that the City may, without such notice, take any steps necessary to alleviate immediate public danger. The City's cost for any work done on the site may be recouped from any person chargeable with the violation or from the surety or deposit made pursuant to 3670(A)(10). Section 3689 Appeals Any person aggrieved by a decision of the Building Commissioner shall have a right to appeal such decision within 30 days to the Board of Zoning Appeals. Section 3690 Fines for Violation In addition to any and all other remedies set forth in this Ordinance for a violation thereof, the Building Commissioner may, for any violation of this Ordinance, levy a fine against the violator of up to the maximum allowed by the provisions of the Ordinance Violations Bureau, Chapter 37 of the Municipal Code. The Building Commissioner shall notify the violator(s) in writing of such fine. The Building Commissioner may, in the event that the violator maintains a bond or deposit with the City for such violations, charge the fine against such bond or deposit, and notify the violator of his intent to take such action. If the violator does not protest the notice of violation, in writing, within thirty (30) days, the City may charge the fine against the bond or deposit without further notice. If no bond or deposit is on file, the violator shall pay the levied fine through the Local Ordinance Violations Bureau. The Building Commissioner may levy a fine for each day the violation is continued. Article XXXVI - 8 of 9