§ 162.05. Siting requirements

(A) Attached WCFs.

(1) Attached WCFs are allowed in all zones as long as the attachment structure complies with the underlying zone's requirements and the attached WCF complies with this chapter and any other applicable local, state or federal regulations.

(B) WCFs with support structures.

(1) WCFs with support structures are allowed in all zones as long as they:

(a) Are at least 300 feet in every direction from any type of residence, measuring from the security fence on the side closest to the residence, if the height is between 150 feet and 200 feet; or

(b) Are at least 200 feet in every direction from any type of residence, measuring from the security fence on the side closest to the residence, if the height is between 100 feet and 149 feet; or

(c) Are at least 150 feet in every direction from any type of residence, measuring from the security fence on the side closest to the residence, if the height is less than 100 feet; and

(d) Comply with this chapter and any other applicable local, state or federal regulations.

(2) WCFs with support structures that cannot comply with subsection (1)(a—c) may request a variance. Such request shall be made to the Delaware-Muncie Board of Zoning Appeals, as outlined in section 162.06 of this chapter.

(C) WCFs as a part of a coordinated development approval.

(1) WCFs as a part of a proposed residential or nonresidential subdivision, planned unit development, site plan, rezoning or other coordinated development approval shall be permitted as outlined in subsections (A) and (B).

(D) WCFs for temporary terms.

(1) Temporary WCFs, of any type, are allowed for a term of not more than 90 days with a possible one time 90 day extension. Said temporary WCFs are to allow service that was interrupted by an act of God or other means to continue while repairs are being completed on the permanent WCF. The city building commissioner shall be notified, within one business day from the date of discovery that repairs are needed, that repairs are going to begin and that a temporary WCF is going to be used. If the damage to the WCF exceeds 50 percent of the replacement cost, either a WCF building permit or an attached WCF building permit, whichever is appropriate, will be required before repairs are made.

(E) Co-location/site sharing of WCFs.

(1) No building permit shall be issued for a new WCF with support structure or attached WCF until the applicant demonstrates, to the reasonable satisfaction of the Delaware-Muncie Metropolitan Board of Zoning Appeals, by written report, that no existing support structure or attachment structure can accommodate the applicant's proposed antenna. Evidence to be submitted shall consist of:

(a) Whether existing structures are located within the geographical area required to meet the applicant's engineering requirements.

(b) Whether existing structures are of sufficient height to meet the applicant's engineering requirements.

(c) Whether existing structures have sufficient structural strength to support applicant's proposed antenna and related equipment.

(d) Whether the applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing structures or whether the antenna on the existing structures would cause interference with the applicant's proposed antenna.

(e) Whether the fees, costs or contractual provisions required by the owner of the existing structure or for adapting an existing structure for co-location are unreasonable. Costs exceeding the costs of creating a new structure are to be deemed unreasonable.

(f) Any other limiting factors presented by the applicant that render existing structures unsuitable.

(2) Any type of WCF that co-locates or site shares, either on a support structure or an attachment structure, shall be required to comply with this chapter and shall be required to purchase only a WCF co-location/site sharing building permit.

(3) It shall be a violation of this chapter for an owner of a WCF to unreasonably deny co-location/site sharing. For purposes of this subsection, an unreasonable denial of co-location/site sharing shall include, but shall not be limited to, instances when the owner of a WCF causes a wireless license holder, utility or public entity to reject co-location/site sharing due to an excessively high, non-market monthly co-location fee or when the owner of a WCF denies co-location/site sharing due to unjustified competitiveness concerns.

(F) Distance between WCFs.

(1) No new WCFs with support structures may be constructed within a distance of 750 yards from an existing support structure, unless the applicant can demonstrate to the Delaware-Muncie Metropolitan Board of Zoning Appeals, through the variance procedure, that a lesser proximity to the existing structure is required to satisfy the operational requirements of the applicant.

(G) Location on public property.

(1) To encourage and facilitate the use of public property for the siting of any type of WCFs, any variance request for a proposed WCF on public property shall be approved or denied expeditiously and without extensive cost to the applicant.

(Ord. No. 66-98, 12-7-98)