HomeMy WebLinkAboutZ-606-15 Definitions and Standards for Wireless Support Structures Sponsor: Councilor Rider
ORDINANCE Z-606-15
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance amending the permitting process, definitions
and standards for Wireless Support Structures
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-
4), each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
WHEREAS, the Cannel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
given a favorable recommendation by the Cannel Advisory Plan Commission on November 18, 2008, and
duly approved by Resolution No. CC-05-04-09-02 of the Common Council on May 4, 2009, and is therefore
the official Comprehensive Plan of the City of Carmel and Clay Township; and
WHEREAS, the Cannel Zoning Ordinance needs to conform with the Indiana General Assembly's
recently enacted legislation (IC 8-1-32.3, as added by P.L. 145-2015, SEC.3) governing local permitting
processes for the placement, construction, and modification of wireless facilities; and
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the
text of the zoning ordinance; and
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Cannel Ordinance No. D-1600-02,
the Cannel Zoning and Subdivision Control Ordinances are incorporated by reference into the Cannel City
Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel,
Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 15080004 OA having received a
favorable recommendation from the Cannel Advisory Plan Commission on Tuesday, October 20, 2015, it
hereby adopts this Ordinance to amend the Cannel Zoning Ordinance (Ordinance No. Z-289, as amended),
to read as follows:
Section I:
a. Adopt Section 25.28: Wireless Support Structures as follows:
25.28 Wireless Support Structures [new Ordinance section!
25.28.01. Generally. The purpose of this Section is intended to implement the provisions of IC 8-1-
32.3, but otherwise to comply with IC 36-7-4, in regard to the City's regulation of the placement,
construction, or modification of Wireless Support Structures.
25.28.02. Definitions. Definitions of the followin g terms which are set forth in IC 8-1-32.3 and in
Chapter 3 of this Ordinance apply throughout this Section: "Antenna"; "Base Station"; "Business Day";
"Collocation"; "Electrical Transmission Tower"; "Equipment Compound"; "Small Cell Facility"; "Small
Cell Network"; "Substantial Modification of a Wireless Support Structure"; "Utility Pole"; "Wireless
Facility"; "Wireless Support Structure".
25.28.03. Delegation of Authority. For purposes of IC 8-1-32.3 and Section 332(c)(7)(B) of the
Federal Telecommunications Act of 1996 as in effect on Jul 1, 2015, the Board shall exercise the authority
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to conduct hearings, to make decisions, and to approve the issuance or denial of Improvement Location
Permits (except for Collocation)under this Section. The Administrator shall exercise the authority to review
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applications for completeness, within the meaning of IC 36-7-4-1109, and to issue Improvement Location
Permits or building permits under this Section.
25.28.04. Review of Applications. The Administrator shall promptly review for completeness every
application duly filed with the City which requests authorization to place, construct, or modify personal
Wireless Facilities. Every applicant shall be notified within ten (10) Business Days of the City's receipt of
an application whether its application is complete and whether a public hearing will be required regarding
its request. Whenever no public hearing is required, the Administrator shall take final action on the request
within a reasonable period of time after the request is duly filed. Whenever a public hearing is required
regarding a request, the Board shall conduct the hearing and take final action on the request within a
reasonable period of time. For purposes of this Section, any application that contains all of the following
information shall be considered complete:
A. A statement that the applicant is a Person that either provides Wireless Communications
Service or owns or otherwise makes available infrastructure required for such Service.
B. The name,business address, and point of contact for the applicant.
C. The location of the proposed or affected Wireless Support Structure or Wireless Facility.
D. A construction plan that includes evidence of conformance with all applicable building
permit requirements.
E. Except for an application that requests Collocation only, evidence showing that the
application complies with the applicable criteria set forth in Chapter 21 of this Ordinance
for a special use, or that the application complies with the applicable criteria for a
variance of use under IC 36-7-4-918.4. An application that requests Collocation only is
required to comply only with Subsections A, B, C, and D.
F. If the application requests an Improvement Location Permit for the construction of a new
Wireless Support Structure, a construction plan that describes the proposed Wireless
Support Structure and all equipment and network components, including Antennas,
transmitters, receivers, Base Stations, power supplies, cabling, and related equipment,
along with evidence supporting the choice of location for the proposed Wireless Support
Structure, including a sworn statement from the individual responsible for the choice of
location demonstrating that Collocation of Wireless Facilities on an existing Wireless
Support Structure is not a viable option because Collocation:
1. Would not result in the same Wireless Communications Service functionality,
coverage, and capacity;
2. Is technically infeasible; or
3. Is an economic burden to the applicant.
G. If the application requests an Improvement Location Permit for Substantial Modification
of a Wireless Support Structure, a construction plan that describes the proposed
modifications to the affected Wireless Support Structure and all equipment and network
components, including Antennas, transmitters, receivers, Base Stations, power supplies,
cabling, and related equipment.
25.28.05. Failure to Notify. Any failure by the Administrator to notify an applicant within ten (10)
Business Days whether its application is complete shall be considered a nonfinal zoning decision within the
meaning of IC 36-7-4-1602(c), with the applicant consequently entitled to expedited judicial review of the
nonfinal zoning decision.
25.28.06. Deadlines for Final Action. For purposes of Section 25.28.04, a reasonable period of time
shall be determined as follows:
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A. If the request involves an application for Collocation only, a reasonable period of
time is not more than forty-five (45) days from the date that the applicant is notified by the
Administrator that the application is complete. An application for Collocation only is not subject to a
public hearing before the Board, but the Administrator may review the application for compliance
with applicable building permit requirements before issuing the applicant an Improvement Location
Permit or building permit.
B. If the request involves an application for an Improvement Location Permit to
construct a new Wireless Support Structure or for Substantial Modification of a Wireless Support
Structure, a reasonable period of time is not more than ninety (90) days from the date that the
applicant is notified that the application is complete, or not more than one hundred twenty(120) days
in any case in which the approval of a variance of use is necessary. The Board shall conduct a public
hearing on the request and shall make a decision on the request at the meeting at which it is first
presented. Decisions made by the Board after a public hearing conducted in accordance with this
Section are considered zoning decisions for purposes of IC 36-7-4 and are subject to judicial review
under the IC 36-7-4-1600 series.
C. If an applicant has requested additional time to amend its application or requested or
agreed to a continuance during the review or hearing process, then the period of time prescribed by
Subsection A or B shall be extended for a corresponding amount of time. However, any failure by
the Administrator or the Board to take final action on a request within a reasonable period of time
shall be considered a nonfinal zoning decision within the meaning of IC 36-7-4-1602(c), with the
applicant consequently entitled to expedited judicial review of the nonfmal zoning decision.
25.28.07. Additional Rules. Notwithstanding IC 36-7-4 or any rules adopted by the Board under that
chapter, the following provisions apply to all applications submitted under this Section:
A. In reviewing applications and conducting hearings, the Administrator and the Board shall
comply with all applicable provisions of Section 332(c)(7)(B) of the Federal
Telecommunications Act of 1996 as in effect on July 1, 2015, and Section 6409(a) of the Middle
Class Tax Relief and Job Creation Act of 2012 as in effect on July 1, 2015.
B. Neither the Administrator nor the Board may require an applicant to submit information about or
evaluate an applicant's business decisions with respect to the applicant's designed service,
customer demand, service quality, or desired signal strength to a particular location.
C. All meetings of the Board are subject to the Open Door Law (IC 5-14-1.5). However, neither the
Administrator nor the Board may release to the public any records that are required to be kept
confidential under Federal or State law, including the trade secrets of applicants, as provided in
the Access to Public Records Act(IC 5-14-3) and other applicable laws.
D. The Administrator shall allow an applicant to submit a single consolidated application to
collocate multiple Wireless Facilities, or for multiple Small Cell Facilities that are located within
the jurisdiction of the Board and that comprise a single Small Cell Network. Whenever a
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consolidated application is approved, the Administrator shall issue the applicant a single
Improvement Location Permit for the multiple facilities, or for the Small Cell Network, in lieu of
issuing multiple Permits for each respective Facility.
E. The Board may not impose on an applicant a fall zone requirement for a Wireless Support
Structure that is larger than the area within which the structure is designed to collapse, as set
forth in the applicant's engineering certification for the structure, unless evidence submitted by a
professional engineer demonstrates that the engineering certification in the application is flawed.
This Subsection E does not apply to any setback requirement prescribed by this Ordinance for
the land use which is not based on the height of the Wireless Support Structure.
F. Neither the Board nor the Administrator may require or impose conditions on an applicant
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regarding the installation, location, or use of Wireless Facilities on Utility Poles or Electrical
Transmission Towers.
G. Neither the Administrator nor the Board may require an applicant to pay a fee associated with the
submission, review, processing, or approval of the application unless the same or a similar fee
also applies to applications for Permits for similar types of commercial or industrial development
within the jurisdiction of the Board. In addition, if a fee is imposed in connection with the
submission, review, processing, or hearing of an application, including a fee imposed by a third
party that provides review, technical, or consulting assistance to the Administrator or the Board,
the fee must be based on actual, direct, and reasonable costs incurred for the review, processing,
and hearing of the application, and may not include:
1. Travel expenses incurred by a third party in its review of an application; or
2. Direct payment or reimbursement of third party fees charged on a contingency basis.
25.28.08. Conditions of Approval. Notwithstanding IC 36-7-4 or any rules adopted by the Board
under that chapter,the following conditions apply to all applications submitted under this Section:
A. If a Wireless Support Structure is abandoned or remains unused for a period of six (6) months,
the owner shall remove the tower and all associated facilities from the site. Such removal shall
be completed within twelve (12) months of the cessation of operations at the site. In the event
that a Wireless Support Structure is not removed within the required twelve (12) month period,
the Director may remove the Wireless Support Structure and the associated facilities, and the
costs of such removal shall be assessed against the owner of the parcel.
b. Adopt NEW DEFINITIONS to Section 3.07:Definitions as follows:
3.07 Definitions
BASE STATION. A station located at a specific site that is authorized to communicate with mobile
stations. The term includes all radio transceivers, Antennas, coaxial cables, power supplies, and other
electronics associated with a station.
BUSINESS DAY. A day other than a Saturday, a Sunday, or a legal holiday (as defined in IC 1-1-
9-1).
COLLOCATION. The
placement or installation of Wireless Facilities on existing structures (not
including a Utility Pole or an Electrical Transmission Tower) that include a Wireless Facility or Wireless
Support Structure, including water towers, and other Buildings or Structures. The term includes the
placement,replacement, or modification of Wireless Facilities within an approved Equipment Compound.
ELECTRICAL TRANSMISSION TOWER. A structure that physically supports high voltage
overhead power lines. The term does not include a Utility Pole.
EQUIPMENT COMPOUND. The area that:
1. Surrounds or is near the base of a Wireless Support Structure; and
2. Encloses Wireless Facilities.
SMALL CELL FACILITY. Either:
1. A personal wireless service facility (as defined by the Federal Telecommunications Act of
1996 as in effect on July 1, 2015); or
2. A wireless service facility that satisfies the following requirements:
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till
a. Each Antenna, including exposed elements, has a volume of three (3) cubic feet or
less.
b. All Antennas, including exposed elements, have a total volume of six (6) cubic feet
or less.
c. The primary equipment enclosure located with the Facility has a volume of
seventeen (17) cubic feet or less. For purposes of this clause c, the volume of the primary
equipment enclosure does not include the following equipment that is located outside the
primary equipment enclosure: electric meters; concealment equipment; telecommunications
demarcation boxes; ground based enclosures; back up power systems; grounding equipment;
power transfer switches; cut off switches.
SMALL CELL NETWORK. A collection of interrelated Small Cell Facilities designed to deliver
Wireless Communications Service.
SUBSTANTIAL MODIFICATION OF A WIRELESS SUPPORT STRUCTURE. The
mounting of a Wireless Facility on a Wireless Support Structure in a manner that either:
1. Increases the height of the Wireless Support Structure by ten percent (10%) of the original
height of the Wireless Support Structure, or twenty(20) feet, whichever is greater;
2. Adds an appurtenance to the Wireless Support Structure that protrudes horizontally from the
Wireless Support Structure more than twenty(20) feet, or the width of the Wireless Support Structure at
the location of the appurtenance,whichever is greater; or
3. Increases the square footage of the Equipment Compound in which the Wireless Facility is
located by more than two thousand five hundred (2,500) square feet.
However, notwithstanding subdivisions 1, 2, and 3, the term does not include any of the following:
4. Increasing the height of a Wireless Support Structure to avoid interfering with an existing
Antenna.
5. Increasing the diameter or area of a Wireless Support Structure to shelter an Antenna from
inclement weather, or to connect an Antenna to the Wireless Support Structure by cable.
6. Any Modification of a Wireless Support Structure or Base Station that involves only
Collocation, removal of transmission equipment, or replacement of transmission equipment.
UTILITY POLE. A structure (other than a Wireless Support Structure or Electrical Transmission
Tower) that is:
1. Owned or owned or operated by a public utility, a communications service provider, a political
subdivision, an electric membership corporation, or a rural electric cooperative; and
2. Designed and used to carry lines, cables, or wires for telephony, cable television, or electricity,
or to provide lighting.
WIRELESS FACILITY. The set of equipment and network components necessary to provide
Wireless Communications Service. The term does not include a Wireless Support Structure.
WIRELESS SUPPORT STRUCTURE. A freestanding structure designed to support Wireless
Facilities. The term does not include a Utility Pole or Electrical Transmission Tower.
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b. Amend Existing Defmitions in Section 3.07:Definitions as follows:
ALTERATION, STRUCTURAL. Any change in the supporting members of a Building such as
bearing walls,partitions, columns,beams, girders, or any substantial change in the exterior walls or the roof.
The term does not include Substantial Modification of a Wireless Support Structure.
ALTERATION, SUBSTANTIAL. Any change to an approved plan of any type that involves the
revision of ten percent (10%) or more of the plan's total area or approved materials. The term does not
include Substantial Modification of a Wireless Support Structure.
ANTENNA. Any communications equipment that transmits or receives electromagnetic radio
signals used in the provision of Wireless Communications Service.
ANTENNA, SATELLITE RECEIVING. A signal receiving device, the purpose of which is to
receive radio communications, television, data transmission or other signals from a satellite or satellites in
earth orbit. Considered a Structure, thus subject to all ordinances relating to Structures. Not considered a
Wireless Facility,thus not subject to Section 25.28 of this Ordinance.
BUILDING, ACCESSORY. A Building subordinate to another Structure or Use located on the
same Lot which is not used for permanent human occupancy. An Accessory Building may also include
electric distribution and secondary power lines; gas, water and sewer lines; their supports and poles, guy
wires, small transformers,wire or cable and other incidental equipment and public telephone booths.
IMPROVEMENT, SUBSTANTIAL. Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of
the structure before the "start of construction" of the improvement. This term includes structures that have
incurred "substantial damage" regardless of the actual repair work performed. The term does not include
improvements of structures to correct existing violations of state or local health, sanitary, or safety code
requirements of any alterations of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure." The term does not include Substantial
Modification of a Wireless Support Structure.
TOWER. A ground or roof-mounted pole, spire, structure, or combination thereof taller than fifteen
(15) feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of
mounting a meteorological device; or other similar apparatus above grade. The term does not include (1) a
water tower that is owned by any public utility or municipally owned utility; or(2) any pole, spire, structure,
or combination thereof on which an amateur radio station antenna is mounted; or (3) a Wireless Support
Structure.
WIRELESS COMMUNICATIONS SERVICE. Service provided in accordance with the Federal
Telecommunications Act of 1996.
c. Amend Chapter 21: Special Uses and Special Exceptions to remove references to Special
Exceptions as follows:
21.01 General Information.
Special Use approval by the Board shall be necessary prior to the establishment of a Special Use, so
cited by the district regulations herein, or the issuance of an Improvement Location Permit for said
Special Use. Special Uses shall generally be considered favorably by the Board, except in cases
where the Board finds the proposed Special Use obviously inappropriate as a result of special and
unique conditions determined as a result of the review procedure established herein.
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21.02 Procedure.
21.02.01 Procedure Generally. Whenever an application for a Special Use within the
jurisdiction of this Ordinance is made, it shall follow the procedure set forth herein and shall
conform to the regulations and requirements of this Ordinance.
21.02.02 Consultation with the Director and Application. Applicants shall meet with the
Director to review the zoning classification of their site, review copies of the regulatory
ordinances and materials, review the Special Use procedures and examine the proposed use
and development of the property. The Director shall aid and advise the applicant in
preparing his application and supporting documents as necessary. The applicant shall then
submit two (2) copies of the written application form and all necessary supporting documents
and materials.
21.02.03 Initial Review of the Application and Supporting Documents and Materials by the
Director; Submission to the Board. Following the receipt of the written application and
necessary supporting documents and materials by the Director, he shall then review the
materials solely for the purpose of determining whether the application is complete and in
technical compliance with all applicable ordinances, laws and regulations, and therefore
entitled to be forwarded to the Board. If the materials submitted by the applicant are not
complete or do not comply with the necessary legal requirements, the Director shall inform
the applicant of the deficiencies in said materials. Unless and until the Director formally
accepts the Special Use application as complete and in legal compliance, it shall not be
considered as formally filed for the purpose of proceeding to succeeding steps toward Special
Use approval as hereinafter set forth. Within thirty(30) days of the formal acceptance of the
application by the Director, he shall formally file the application by placing it upon the
agenda of the Board, according to the Board's Rules of Procedure.
21.02.04 Public Hearing by the Board. Once the Director has accepted and filed the
application with the Board, the Board or its delegate shall assign a docket number and set a
date and time for a public hearing as required by the Rules of Procedure of the Board. The
applicant shall be responsible for the cost and publication of the required published legal
notification of the public hearing. The applicant shall also notify all interested parties and
property owners as required by the Rules of Procedure of the Board. The conduct of the
public hearing shall be in accordance with the Board's Rules of Procedure.
21.02.05 Approval or Denial of the Special Use Application by the Board. Upon approval of
the Special Use, the Board shall inform the Director that he may issue Improvement Location
Permits for the Special Use and inform the applicant of the time limits set forth in Section
21.02.07. The Board shall inform the applicant that he may apply to the Director for
Improvement Location Permits for the Special Use, if necessary, or may commence the
Special Use if no permits are required. Failure of the Director to inform the applicant of the
time limits set forth in Section 21.02.07 shall not relieve the applicant of complying with said
Section.
A Special Use application that is denied by the Board is ineligible to be placed again on the
Board's agenda for consideration until the legality of the Board's decision is finally
determined by a court, pursuant to judicial review according to the Advisory Planning Law,
or for a period of twelve (12) months following the date of the denial, whichever is later. In
addition, whenever a Special Use application is denied, the property involved in the
application may not be the subject of a different Special Use application, or any use variance
application or rezone proposal, for a period of six (6)months following the date of the denial.
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21.02.06 Authorization. In no event shall a Special Use be established or an Improvement
Location Permit be issued for improvements for a Special Use prior to the approval of the
Special Use by the Board unless otherwise excepted herein.
21.02.07 Time Limit. Any person to whom a Special Use or Special Exception is granted by
the Board, under the procedures set forth in this chapter, shall have commenced continuous
construction of said Special Use or Special Exception or implemented said Special Use or
Special Exception within three years of the date of the granting of the approval or said
approval shall become null and void.
Upon application to the Director before the expiration of said approval, and upon good cause
shown, said approval may be extended for six (6)months.
21.03 Basis of Board Review.
The Board, in reviewing the Special Use application, shall give consideration to the particular needs
and circumstances of each application and shall examine the following items as they relate to the
proposed Special Use:
1. Topography;
2. Zoning on site;
3. Surrounding zoning and land Use;
4. Streets, curbs and gutters and sidewalks;
5. Access to public streets;
6. Driveway and curb cut locations in relation to other sites;
7. General vehicular and pedestrian traffic;
8. Parking location and arrangement;
9. Number of parking spaces needed for the particular Special Use;
10. Internal site circulation;
11. Building height,bulk and setback;
12. Front, side and rear yards;
13. Site coverage by building(s),parking area(s) and other structures;
14. Trash and material storage;
15. Alleys, service areas and loading bays;
16. Special and general easements for public or private Use;
17. Landscaping and Perimeter Bufferyards;
18. Necessary fencing;
19. Necessary exterior lighting;
20. On-site and off-site, surface and subsurface storm and water drainage;
21. On-site and off-site utilities;
22. Dedication of streets and rights-of-way;
23. Proposed signage(subject to regulations established by the Sign Ordinance); and
24. Protective restrictions and/or covenants.
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25. Need for lifeguards and other supervisory personnel, in respect to a private recreational
development or facility.
21.04 Basis of Board Approval or Rejection.
21.04.01 Special Use Decisions. The Board, in approving or rejecting a Special Use
application, shall base its decision upon the following factors as they relate to the above
listed items (Section 21.03) concerning the proposed Special Use:
1. The particular physical suitability of the premises in question for the proposed Special
Use.
2. The economic factors related to the proposed Special Use, such as cost/benefit to the
community and its anticipated effect on surrounding property values.
3. The social/neighborhood factors related to the proposed Special Use, such as
compatibility with existing uses and those permitted under current zoning in the
vicinity of the premises under consideration and how the proposed Special Use will
effect neighborhood integrity.
4. The adequacy and availability of water, sewage and storm drainage facilities and
police and fire protection.
5. The effects of the proposed Special Use on vehicular and pedestrian traffic in and
around the premises upon which the Special Use is proposed.
21.05 Expansion of Approved Special Uses or Special Exceptions.
An approved Special Use or Special Exception maybe expanded up to ten percent (10%) of the
approved gross floor area without obtaining further Special Use or Special Exception approval if the
approved use or exception is continued in the expansion, if the particular building height,bulk,
setback, yard,parking, etc. requirements are adhered to and if the proper permits for the expansion,
such as an Improvement Location Permit, are obtained.
21.06 Special Uses in Flood Plain Districts.
The Board may not exercise Special Use approval in any of the Flood Plain Districts (FP, FW or FF)
until the Board has received written approval from the Indiana Natural Resources Commission for
the proposed Special Use, including any reports supplementary thereto.
21.07 Provisions for Financial Performance and Maintenance Guarantees for Special Uses.
As a prerequisite to Special Use approval on projects subject to new construction,the developer shall
agree to provide financial performance and maintenance guarantee for public facility improvements
and installations to be constructed in and, as necessary for proper connection and system
coordination, adjoining the proposed Special Use. The public facility improvements and
installations shall include streets (base and paving, individually), curbs and gutters, sidewalks, storm
water drainage and storm sewer systems, sanitary sewer systems, water supply systems, street name
signs,monuments and markers and the various appurtenances related thereto. All construction shall
be according to plans submitted as a portion of the Special Use application and accompanying data,
subject to standards and specifications cited herein. Non-public facility improvements and
installations shall be subject to financial guarantees established by their ownership.
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21.07.01 Performance Guarantee. Prior to or at the time of Special Use approval,. the
developer shall be required to provide financial performance guarantee, by certified check,
letter of credit, or performance bond running to:
A. City of Carmel jurisdiction: City of Carmel
B. Hamilton County jurisdiction: Board of Commissioners of Hamilton County
The financial performance guarantee shall provide for the completion of all public facility
improvements and installations required under the provisions of this Ordinance, and shall be
conditioned upon the following: •
1. The completion of public facility improvements and installations shall be within two
(2) years from the approval of the Special Use.
2. A penal sum shall be fixed and approved by the Board equal to one hundred percent
(100%) of the total estimated current cost to the City or County of all public facility
improvements and installations provided in the Special Use application and
accompanying data according to specifications cited herein.
3. Each public facility improvement or installation provided in the Special Use
application or accompanying data shall be bonded individually, or shall have an
individual letter of credit or certified check to cover the penal sum, and shall not have
the performance guarantee provided in combination with any of the other public
facility improvements and installations.
4. The performance bond, certified check, or letter of credit shall be issued in the name
of the owner, developer, contractor or other responsible party as determined by the
Board.
21.07.02 Extension of Completion Time and Non-Performance:
1. Should the developer not complete the public facility improvements and installations
as herein required within the stated two (2) year period, the Director may approve an
extension of up to two (2) years, granted at six-month intervals, for completion of the
required public facility improvements and installations.
2. Should the developer not complete the public facility improvements and installations
as herein required within the two-year period, or within any time extension approved
by the Director, the proper authorities may take the necessary steps to proceed with
the completion of the public facility improvements and installations, making use of
the certified check, letter of credit, or performance bond.
21.07.03 Release of Performance Guarantee. Upon the faithful completion of the required
public facility improvements and installations according to the Special Use application and
accompanying data and the specifications cited herein, the developer shall inform the
Director who shall confirm that said public facility improvements and installations have been
completed in conformity with this Ordinance. Following said confirmation, the subdivider
shall provide the Director with two (2) sets of "as-built" plans showing the storm water
drainage and storm sewer systems, water supply system, sanitary sewer system and
monuments and markers as they were installed. The developer may then request the release
of the performance guarantee posted with the appropriate authority. Upon the receipt of a
maintenance guarantee, as specified herein, the appropriate authority shall release the
performance guarantee within sixty (60) days. The performance guarantee for each
individual public facility improvement or installation may be handled separately and shall in
no way be contingent on the completion of any of the other individual public facility
improvements and installations or their performance guarantees.
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21.07.04 Maintenance Guarantee. Prior to the release of the performance guarantee, the
developer shall be required to provide financial maintenance guarantee, by certified check
payable to the appropriate authority or maintenance bond running to the appropriate
authority, that all public facility improvements and installations required under the provisions
of this Ordinance shall be maintained according to specifications cited herein. Said financial
maintenance guarantee shall be conditioned upon the following:
1. The maintenance guarantee shall run and be in force for a period of three (3) years
from the date of release of the performance guarantee.
2. A penal sum shall be fixed and approved by the Board but in no case shall the penal
sum be less than fifteen percent (15%) of the total performance guarantee for streets
and ten percent (10%) of the performance guarantee for all other public facility
improvements and installations. The minimum maintenance guarantee to be posted
for streets shall be no less than$5,000.00.
3. Each public facility improvement or installation shall be bonded individually, or shall
have an individual certified check to cover the penal sum, and shall not have the
maintenance guarantee provided in combination with any of the other public facility
improvements and installations.
4. The maintenance bond shall be issued in the developer's name alone or in the name
of the developer and his subcontractor as co-signers. All certified checks provided
for financial maintenance guarantee shall be signed by the developer alone.
21.07.05 Releases of Maintenance Guarantee. All maintenance bonds shall expire at the end of
the three (3) year period for which they were established. Within sixty (60) days of the
expiration date, the appropriate authority shall return said expired maintenance bonds to the
developer. In the case where a certified check has been posted as a maintenance guarantee,
the developer shall, at the end of the three (3) year maintenance period, contact the
appropriate authority in order to obtain the release of the maintenance guarantee. The
appropriate authority shall return said maintenance guarantee to the developer within sixty
(60) days. The maintenance guarantee for each individual public facility improvement or
installation may be handled separately and shall in no way be contingent on the completion
of any of the other individual public facility improvements and installations or their
maintenance guarantee.
d. Repeal Section 25.13: Towers.
e. Amend Section 26.01.04:Additional Height Requirements as follows:
26.01.04 Additional Height Requirements
Upon approval by the appropriate authority, chimney stacks, church spires, monuments, flagpoles,
water towers, stage towers, or scenery lofts may be erected to minimum height appropriate unless
prohibited by other laws. Approval of a Wireless Support Structure may include an increase in
height to not more than one hundred fifty (150) feet. Essential mechanical or utilitarian roof top
appurtenances shall be screened, and upon the approval by the appropriate authority, such items and
their screening may be erected to a minimum height appropriate unless prohibited by other laws or
ordinances. Such appurtenances shall be defined as, but not limited to cooling towers, elevator
bulkheads, conveyors, heating ventilation air conditioning equipment (HVAC), and rooftop stairway
access structures.
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f. Amend Chapter 30: Board of Zoning Appeals to remove references to Special Exceptions as
follows:
30.00 Board of Zoning Appeals.
The Board is hereby established with membership and appointments provided in accordance with the
Advisory Planning Law. Detailed herein are the procedures and so forth relating to Board activities.
30.01 Appeals to the Board.
The Board may hear, review and determine appeals taken from any order, requirements, decision or
determination made by the Director or any administrative official or board charged with the
enforcement of the Zoning or Subdivision Control Ordinance of the City of Carmel. All appeals
shall be filed with the Director within thirty (30) days of the action to be appealed. An appeal shall
also be filed where the Board is required to determine a zoning district boundary or the existence of
a nonconforming use.
30.02 Appeal Procedure.
30.02.01 Consultation with the Director and Application. Appellants shall meet with the
Director in order to examine the nature of the proposed appeal, review the regulatory
ordinances and materials, and review the appeal procedures. The Director shall aid the
appellant in preparing his application and supporting documents as necessary. The appellant
shall then submit two (2) copies of the written application form and all necessary supporting
documents and materials.
30.02.02 Initial Review of the Application and Supporting Documents and Materials by the
Director; Submission to the Board. Following the receipt of the written appeal application
and necessary supporting documents and materials by the Director, he shall then review the
materials solely for the purpose of determining whether the application is complete, is in
technical compliance with all applicable ordinances, laws and regulations and is to be
forwarded to the Board. If the materials submitted by the appellant are not complete, or do
not comply with the necessary legal requirements, the Director shall inform the appellant of
the deficiencies in his materials. Unless and until the Director formally accepts the appeal
application as complete and in legal compliance it shall not be considered as formally filed
for the purpose of proceeding to the succeeding steps toward Board consideration of the
appeal as hereinafter set forth. The application is formally filed when it is placed upon the
Board agenda by the Director according to the Board's Rules of Procedure.
30.02.03 Public Hearing by the Board. Once the Director has accepted and filed the appeal
application with the Board, he shall assign a docket number and set a date and time for a
public hearing as required by the Rules of Procedure of the Board. The appellant shall be
responsible for the cost and publication of the required published legal notification of the
public hearing. The appellant shall also notify all interested parties and property owners as
required by the Rules of Procedure of the Board. The conduct of the public hearing shall be
in accordance with the Board's Rules of Procedures.
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30.02.04 Approval or Denial of the Appeal by the Board. Following the public hearing on the
appeal, the Board shall approve or deny the appeal. In exercising its powers, the Board may
reverse or affirm, wholly or partly, or may modify the order, requirement, decision or
determination appealed as in its opinion ought to be done on the premises, and to that end
shall have all the powers of the officer or Board from whom the appeal is taken. Upon
reaching a decision on the appeal request, the Board shall enter into its records the reasons
for its decision and shall provide the appellant
with a copy of said reasons, if requested. The Board shall inform the Director and the
appellant of its decision, including all conditions contained as a part thereof All further
actions taken by the appellant or the Director concerning the item that was appealed,
including the issuance of Improvement Location Permits, shall be subject to said ruling of the
Board.
30.03 Stay of Work.
When an appeal from the Director or any official or Board has been filed with the Board, all
proceedings and work on the premises upon which the appeal has been filed shall be stayed unless
the official or Board from whom the appeal was taken shall certify to the Board that, by reason of
facts stated in the certificate, a stay would cause immediate peril to life or property. In such case,
proceedings or work shall not be stayed except by a restraining order which may be granted by the
Board or by a court of competent jurisdiction, on notice to the official or Board from whom the
appeal is taken and the owner or proprietor of the premises affected and on due cause shown. After
the owner, his agent and/or a person or corporation in charge of the work on the premises affected
has received notice, the Director shall have full power to order such work discontinued or stayed and
to call upon the police power of the city or county to give full force and effect to the order.
30.04 Variances.
The Board may authorize in specific cases such variance from the terms of the zoning ordinances as
will not be contrary to the public interest, where, owing to special conditions, a literal enforcement
of the provisions of said ordinances will result in unnecessary hardship, and so that the spirit of the
ordinances shall be observed and substantial justice done. In deciding whether or not the applicant
has presented sufficient proof to permit the granting of a variance of use, the Board shall determine
in writing that:
1. The approval will not be injurious to the public health, safety, morals and general welfare of
the community;
2. The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner;
3. The need for the variance arises from some condition peculiar to the property involved;
4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary
hardship if applied to the property for which the variance is sought; and
5. The approval does not interfere substantially with the Comprehensive Plan.
In deciding whether or not the applicant has presented sufficient proof to permit the granting of a
variance of development standards, the Board shall determine in writing that:
1. The approval will not be injurious to the public health, safety, morals and general welfare of
the community;
2. The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner; and
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3. The strict application of the terms of the Zoning Ordinance will result in practical difficulties
in use of the property.
30.05 Variance Procedure.
30.05.01 Consultation with the Director and Application. Applicants shall meet with the
Director to review the zoning classification of their site, review the regulatory ordinances and
materials, review the use and development of the property and to consider the proposed
variance. The Director shall aid and advise the applicant in preparing his application and
supporting documents as necessary. The applicant shall then submit two (2) copies of the
written application form and all necessary supporting documents and materials.
30.05.02 Initial Review of the Application and Supporting Documents and Materials by the
Director. Following the receipt of the written variance application and necessary supporting
documents and materials by the Director, he shall then review the materials solely for the
purpose of determining whether the application is complete, is in technical compliance with
all applicable ordinances, laws and regulations and is to be forwarded to the Board. If the
• materials submitted by the applicant are not complete or do not comply with the necessary
legal requirements, the Director shall inform the applicant of the deficiencies in his materials.
Unless and until the Director formally accepts the variance application as complete and in
legal compliance, it shall not be considered as formally filed for the purpose of proceeding to
the succeeding steps toward approval of the variance application as hereinafter set forth. The
variance application is formally filed when it is placed upon the Board agenda by the
Director, according to the Board's Rules of Procedure.
30.05.03 Public Hearing by the Board. Once the Director has accepted and filed the variance
application with the Board, he shall assign a docket number and set a date and time for a
public hearing as required by the Rules of Procedures of the Board. The applicant shall be
responsible for the cost and publication of the required published legal notification of the
public hearing. The applicant shall also notify all interested parties and property owners as
required by the Rules of Procedure of the Board. The conduct of the public hearing shall be
in accordance with the Board's Rules of Procedure.
30.05.04 Approval or Denial of the Application by the Board. Following the public hearing on
the variance application, the Board shall approve or deny the application. The Board, upon
approval of a variance application, may at its discretion determine the length of time the
variance shall run. The variance may be permanent or it may be set for a reasonable period
subject to renewal upon expiration. The Board shall notify the Director and the applicant of
its decision on the variance application, including all conditions contained as a part thereof.
The Director shall notify the applicant of the time limits set forth in Section 30.05.05. All
further actions taken by the applicant or the Director concerning the situation for which the
variance is filed, including the issuance of an Improvement Location Permit, shall be subject
to said ruling of the Board. Failure of the Director to inform the applicant of the time limits
set forth in Section 30.05.05 shall not relieve the applicant of complying with said Section.
A use variance application that is denied by the Board is ineligible to be placed again on the
Board's agenda for consideration until the legality of the Board's decision is finally
determined by a court, pursuant to judicial review according to the Advisory Planning Law,
or for a period of twelve (12) months following the date of the denial, whichever is later. In
addition, whenever a use variance application is denied, the property involved in the
application may not be the subject of a different use variance application, or any Special Use
application or rezone proposal, for a period of six (6)months following the date of the denial.
The Board may include, in its Rules of Procedure, reasonable time limits respecting the
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future consideration of development standards variance applications that are denied by the
Board.
30.05.05 Time Limit. Any variance which is granted by the Board on a temporary, renewable
basis, under the procedures set forth in this Section, shall have been effected within the
period of time for which it was granted or said variance shall become null and void. Any
variance granted by the Board on a permanent basis, under the procedures set forth in this
Section, shall be effected or shall be part of a project on which continuous construction has
commenced within three (3) years from the date of the granting of said variance or it shall
become null and void. Upon application to the Director before the expiration of said
approval, and upon good cause shown, said approval may receive a single extension for a
period not to exceed six(6)months.
30.06 Conditions Relating to Board Actions in the Flood Plain Districts.
The Board may not exercise any of its powers (i.e., Special Uses, Variances, Appeals, etc.) in the FP
or FW Districts until the Board has received written approval from the Indiana Natural Resources
Commission. The Board may not vary flood protection grade requirements in the FF district without
written approval from the Indiana Natural Resources Commission.
30.07 Review by Certiorari.
Every decision of the Board shall be subject to judicial review, according to the Advisory Planning
Law.
30.08 Alternate Procedure.
30.08.01 Hearing Officers: Qualifications, Appointment and Removal. Pursuant to I.C. 36-7-4-
923, the Commission hereby establishes the position of Hearing Officer. A Hearing Officer
must be a member of the Board or an attorney licensed to practice law in Indiana. One (1) or
more Hearing Officers shall be appointed by the Commission. A Hearing Officer may be
removed from his or her responsibilities at any time by the Commission.
30.08.02 Powers of Hearing Officers. A Hearing Officer has the power of the Board to approve
or deny (1) a variance from the development standards of the Zoning Ordinance, in
accordance with I.C. 36-7-4-918.5; or (2) a special use from the terms of the Zoning
Ordinance, in accordance with I.C. 36-7-4-918.2.
30.08.03 Procedural Rules Governing Hearing Officers. Except as provided in this Section
30.08, all procedural requirements imposed by the Rules of Procedure of the Board, by the
Zoning Ordinance, and by I.C. 36-7-4-900 et seq. apply generally to the alternate procedure.
Specifically, the provisions of I.C. 36-7-4-920(g) regulating communication with any
member of the Board shall be construed to prohibit communication by any person(other than
the staff as permitted by law) with a Hearing Officer before the hearing with intent to
influence the Hearing Officer's action on a matter pending before him or her.
30.08.04 Docketing of Matters; Copies to Members of the Board. After the Director has
formally accepted any Developmental Standards Variance, Special Use application as
complete and in legal compliance, the Director may, if the Director believes that it would
allow for more expedient disposition of the application, place the matter upon a Hearing
Officer's agenda instead of placing the matter upon the Board's agenda. Copies of each
Hearing Officer's agenda shall also be submitted to all members of the Board, no less than
ten (10) days before the Hearing Officer's hearing of the matters on that agenda. Any
member of the Board may then communicate with the Director if, in the opinion of the
member, the application should be placed upon the Board's agenda.
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30.08.05 Transfer to Board's Agenda. The Director may, not less than five (5) days before a
hearing before a Hearing Officer, remove any application from the Hearing Officer's agenda
if, in the opinion of the Director:
(1) the approval of the Developmental Standards Variance, Special Use may be found to
be injurious to the public health, safety, morals, and general welfare of the
community; or
(2) the use or value of the area adjacent to the property included in the variance, use may
be found to be affected in a substantially adverse manner.
If the Director removes an application from a Hearing Officer's agenda, the application shall
be considered withdrawn, or shall be transferred to the agenda of the Board if requested by
the applicant.
30.08.06 Conditions Proposed by Director; Transfer to Board's Agenda. The Director may, not
less than five (5) days before a hearing before a Hearing Officer, indicate that he or she does
not object to the approval of a Developmental Standards Variance, Special Use by the
Hearing Officer if specified Conditions are attached. If the applicant does not accept these
Conditions, the application shall be considered withdrawn, or shall be transferred to the
agenda of the Board if requested by the applicant.
30.08.07 Imposition of Conditions by Hearing Officer; Commitments by Property owner;
Transfer to Board's Agenda. Following the hearing of an application under the alternate
procedure, a Hearing Officer may impose Conditions and may permit or require the owner of
a parcel of property to make a written Commitment concerning the use or development of
that parcel, as provided in I.C. 36-7-4-921 and the Rules of Procedure of the Board. If the
applicant fails to accept these Conditions or fails to make the Commitment, the application
shall be considered withdrawn, or shall be transferred to the agenda of the Board if requested
by the applicant. The Hearing Officer may not modify or terminate any Commitment,
whether made under the alternate procedure or pursuant to an approval by the Board. Such a
Commitment may be modified only by the Board itself
30.08.08 Review of the Decisions of the Hearing Officer. A decision of a Hearing Officer may
not be a basis for judicial review, but it may be appealed to the Board. The Board shall
conduct a new hearing on the matter and shall not be bound by any Findings of Fact made by
the Hearing Officer. A person who wishes to appeal a decision of the Hearing Officer must
file the appeal with the Board within five (5) days after the decision is made, as provided in
I.C. 36-7-4-924.
g. Amend Appendix A:Schedule of Uses as follows:
[SEE FOLLOWING PAGE]
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are
hereby repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
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CITY OF CARMEL ZONING ORDINANCE
APPENDIX A:SCHEDULE OF USES
P=Permitted SU=Special Use Overlay Zones
A=Accessory E=Excluded by Overlay All uses which are permitted in the
Prohibited n=Per Primary Zoning Primary Zoning District,except
those excluded(E)below.
Primary Zoning Districts Overlay Zones
Old Meridian Zones Per primary Zoning
53
CO o to
0 y.,
—. c■1 '—' c'l cn .1. `n '—' cl cn w' 'c) t-- c° •—• .7‘ "" 7'
Type of Use ci c c■I '—' 6 -- :")' v)"' .4:.) -0 § °
) n 4 4 4 4 4 aC1 pa 4 4 4 4 4 ■2( U 0
, 1 ,
Transportation&Communication Uses r's*,i,- ,'''',,':":`•.':;::':'.;.:,rss' s.: ss':'
Radio and/or Television Studio P P P SU P P
Radio/Television Transmission Antenna SU SU SU SU SU SU SU SU SU
.. , , ..
Radio/Television Transmission Tower SU SU SU P P
Wireless Support Structure SU E
Motor Bus or Railroad Passenger Station P P P SU P P
Private Airplane Landing/Service Facility SU SU SU E: E. E , E, E
. .
Private Helicopter Landing/Service Facility SU SU SU P l'' i: z , , E
Commercial Parking Lot P P P SU P P P
Private Parking Area
A A A A A A A A A A A A A A A A A A A A A A A A it 's,,,,,'', ,
Truck Stop E.';,E;
Appendix A,as adopted per Ordinance No.Z-415-03;as amended per Z-461-04;Z-470-05;Z-488-06;Z-547-10;Z-558-12.
Page 16A
Z-606-15 11/02/2015
ADOPTED by the Common Council of the City of Carmel, Indiana this 1 day of
2015,by a vote of to ayes and a nays.
• COMMON COUNCIL FOR THE CITY OF CARMEL
__71,,.
Presiding fficer Kevin D. Rider
t VI,.....„. f4j. / / i i *A ,,,
Richard L. S• . 6, President Pro Tempore Carol Schleif
0 o Y -Pe es e& I � y / as!'
Ronald E. Carter W. Eric eidensticker
il / ,
Sue Fi rd a , i .Tic' - yder 0
ATTEST:
Azt. .4/(0,...) /
1
I .i. /, /
Diana L. Cordray, IAMC, Clerk-Treas r
of-
Presented by me to the Mayor of the City of Carmel, Indiana this $ day of
2015, at %-. 31 -P.M.
a
%.. A A '--
Diana' . Cordray, IAMC, Clerk-Treasur
Approved by me, Mayor of the City of Carmel, Indiana, this tg day of
2015, at I.ao P.M. i' _2,-,....._____:i
J mes Brainard, Mayor
ATTEST .
ZW- A--1/°' IVY 1/ J
Diana L. Cordray, IAMC, Clerk-TV rer
Prepared by:
Adrienne Keeling,Planning Administrator,One Civic Square,Carmel,IN 46032
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Ordinance Z-606-15
17
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-606-15
Wireless Support Structures
Ordinance Amendment
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket
No. 15080004 — Ordinance Amendment), seeking to amend the Carmel Zoning
Ordinance.
The Carmel Plan Commission's recommendation on the petition of the applicant is
`Favorable."
At its regularly scheduled meeting of October 20, 2015, the Carmel Plan Commission
voted Ten (10) in Favor, Zero (0) Opposed, One (1) Absent, to forward to the Common
Council the proposed Ordinance No. Z-606-15 with a"Favorable Recommendation".
Please be advised that by virtue of the Plan Commission's Favorable Recommendation,
pursuant to IC 36-7-4-607(a), the Council has ninety (90) days to act on this petition
before it becomes effective as Certified by the Commission. Ninety days from the date of
the Certification is Monday January 18, 2016.
CARMEL PLAN COMMISSION
BY:5 —C,U-Cl - 2. 5�-�.C�i� �—�—
Steven R. Stromquist,President
ATTEST:
Lisa Motz, Secretary
Carmel Plan Commission —'
Dated: October 21, 2015
0