JOHNSON COUNTY
Department of Planning and Zoning
86 West Court Street
Courthouse Annex
Franklin, Indiana 46131
Phone: (317) 346-4350
Fax: (317) 736-4722
Website: www.co.johnson.in.us
Johnson County
Board of Zoning Appeals
May 19, 2015 at 7:00 PM
Table of Contents
Agenda ..................................................................................................................................... 1
Minutes to be Approved.................................................................................................... 3
V-6-15 James & Jerri Peters - Use & Development Standards Variance ............. 4
Remonstrator's Proposed Findings of Fact ..................................................................... 4
SP-2-15 / V-11-15 Zayo Group - Special Exception & Development Standards
Variances ................................................................................................................................ 9
Staff Report .............................................................................................................................. 9
Petitioner's Findings of Fact ............................................................................................... 13
Surrounding Development Map ........................................................................................21
Staff Exhibit ........................................................................................................................... 22
Signage & Photographic Simulation ............................................................................... 23
JOHNSON COUNTY
Department of Planning and Zoning
86 West Court Street
Courthouse Annex
Franklin, Indiana 46131
Phone: (317) 346-4350
Fax: (317) 736-4722
Website: www.co.johnson.in.us
MEETING AGENDA
Johnson County Board of Zoning Appeals
May 19, 2015, 7:00 p.m.
The Johnson County Board of Zoning Appeals will meet Tuesday evening, May 19, 2015 at 7:00
p.m. in the Auditorium of the Courthouse Annex. The following items of business are on the
agenda:
CALL TO ORDER
APPROVAL OF MINUTES
Minutes from the April 28 , 2015 meeting
PUBLIC HEARINGS
CONTINUED HEARINGS
V-6-15 James & Jerri Peters – USE & DEVELOPMENT STANDARDS VARIANCE –
Consideration of Findings of Fact.
SP-2-15 / V-11-15 Zayo Group – SPECIAL EXCEPTION & DEVELOPMENT STANDARDS
VARIANCE – The board is to consider a special exception to provide for two 45-foot tall,
wooden communications towers. The board is also to consider a development standards
variance to allow one tower to encroach 38 feet into the right-of-way of Stones Crossing Rd. and
for one tower to encroach 15 feet into the right-of-way of Pennington Dr.
NEW HEARINGS
None.
Development Standards Requirements to be met:
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
Page 1
3. The strict application of the terms of the Zoning Ordinance will result in practical difficulties in
the use of the property.
Special Exception Requirements to be met:
1.
2.
3.
4.
5.
6.
7.
The use shall be specifically identified as a special exception in this Ordinance for the zoning
district in question.
The special exception can be served with adequate utilities, access roads, drainage and other
necessary facilities.
The special exception shall not involve any element or cause any conditions that may be
dangerous, injurious or noxious to any other property or persons, and shall comply with any and
all design development standards for the use identified in this Ordinance.
The special exception shall be sited, oriented and landscaped to produce a harmonious
relationship to buildings and grounds to adjacent buildings and property.
The special exception shall produce a total visual impression and environment which is
consistent with the environment of the neighborhood.
The special exception shall organize vehicular access and parking to minimize traffic congestion
in the neighborhood
The special exception shall preserve the purpose of this Ordinance, and shall not interfere
substantially with the Comprehensive Plan.
OLD BUSINESS
None.
NEW BUSINESS
None.
REPORTS AND RECOMMENDATIONS
Update on Zoning Violation Case V14-66 - concerning property owner's progress toward
bring the property into conformance with the Ordinance.
ADJOURNMENT
The next regular meeting of the Johnson County Board of Zoning Appeals is scheduled for
Tuesday, June 23, 2015.
Page 2
Minutes will be provided at the Meeting Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
DEPARTMENT OF PLANNING AND ZONING
JOHNSON COUNTY, INDIANA
86 W COURT STREET
FRANKLIN, IN 46131
STAFF REPORT
SP-2-15 / V-11-15
APRIL 28, 2014
PAGE 1 OF 4
Staff Report
CASE NUMBER:
CASE NAME:
SP-2-15 / V-11-15
ZAYO GROUP – SPECIAL EXCEPTION & DEVELOPMENT STANDARDS
VARIANCE
ADDENDUM FOR MAY 19, 2015
The Board continued this hearing from the April 28, 2015 meeting to allow the petitioner time to submit
additional documentation required by the Zoning Ordinance. The petitioner submitted additional
information on the day of publishing of this Staff Report, therefore Staff did not have adequate time to
review and form a recommendation.
PROPERTY DESCRIPTION
The property is located in Sections 10 & 15, Township 13, Range 5, in White River Township in the rightof-way of Stones Crossing Rd. and Pennington Dr. near Center Grove High School.
The property is zoned R-1 (Single-Family Residential).
REQUESTS
1.
Special Exception to provide for the construction of two 45-foot tall, wooden communications
towers.
2. Variance of Development Standards to allow for one tower to encroach 38 feet into the right-of-way
of Stones Crossing Rd. and for one tower to encroach 15 feet into the right-of-way of Pennington Dr.
CASE DESCRIPTION
The construction plans indicate a cellular antenna on top of each pole and associated equipment attached
to the poles between four and fifteen feet from ground level. A representative from Zayo stated that the
cellular nodes on the poles would offload cellular capacity from nearby towers when more users than
typical need to access the network, such as during a football game at the high school. These cellular
nodes would increase data speeds and decrease the amount of dropped calls.
At the time of publishing of this Staff Report, the petitioner had not submitted adequate information to
prove that the request meets the findings of fact for cellular communications facilities as established in
the Zoning Ordinance. Specifically, the petitioner has not:
1.
2.
3.
4.
5.
6.
Demonstrated that efforts have been made to obtain permission to mount the antennas on an
existing building, public utility transmission structure, or communications tower rather than
erecting a separate tower.
Provided written approval from the FCC and FAA.
Submitted proof that the facilities will not interfere with radio frequency or existing public
safety communications systems.
Demonstrated that the proposed height of the facilities is the minimum height necessary to
function effectively.
Proven that a gap exists in the company's service territory.
Proven that alterative sites on private property cannot adequately service the company's service
territory needs.
Page 9
DEPARTMENT OF PLANNING AND ZONING
STAFF REPORT
SP-2-15 / V-11-15
JOHNSON COUNTY, INDIANA
APRIL 28, 2014
86 W COURT STREET
FRANKLIN, IN 46131
PAGE 2 OF 4
7. Proven that locating the towers in the right-of-way is less intrusive than locating the towers on
private property.
8. Requested variances from fencing, signage, and landscaping requirements.
Surrounding development consists of educational facilities and single-family residences.
The Zoning Ordinance of Johnson County delineates certain uses within certain areas by Special
Exception because of their potential impact to neighboring properties. Potential impacts of a cellular
communication facility could include, but not be limited to, safety concerns due to location near existing
structures and aesthetic impacts.
STAFF ANALYSIS OF FINDING OF FACTS FOR SPECIAL EXCEPTION
State Requirement: The use shall be specifically identified as a special exception in this Ordinance
for the zoning district in question.
Staff Analysis: The Zoning Ordinance of Johnson County specifically lists, “Cellular communication
facilities" as a use permitted by Special Exception in the R-1 district.
State Requirement: The special exception can be served with adequate utilities, access roads,
drainage and other necessary facilities.
Staff Analysis: The construction plans indicate that the project shall comply all local, states, and
federal codes. Building permit review and approval would include evaluation of drainage and other
necessary facilities. The poles would have access from the right-of-way.
State Requirement: The special exception shall not involve any element or cause any conditions
that may be dangerous, injurious or noxious to any other property or persons, and shall comply
with any and all design development standards for the use identified in this Ordinance.
Staff Analysis: The petitioner has not provided information proving that the request meets the
findings of fact for cellular communications facilities as established in the Zoning Ordinance
State Requirement: The special exception shall be sited, oriented and landscaped to produce a
harmonious relationship to buildings and grounds and to adjacent buildings and property.
Staff Analysis: The petitioner has not proven the necessity of locating the towers in the right-of-way
or that locating the towers in the right-of-way is less intrusive than locating the towers on private
property
State Requirement: The special exception shall produce a total visual impression and environment
which is consistent with the environment of the neighborhood
Staff Analysis: The petitioner has not proven the necessity of locating the towers in the right-of-way
or that locating the towers in the right-of-way is less intrusive than locating the towers on private
property
State Requirement: The special exception shall organize vehicular access and parking to minimize
traffic congestion in the neighborhood.
Staff Analysis: The petitioner has not provided any plans indicating how maintenance of the
facilities will not disrupt traffic and other use of the right-of-way.
Page 10
DEPARTMENT OF PLANNING AND ZONING
STAFF REPORT
SP-2-15 / V-11-15
JOHNSON COUNTY, INDIANA
APRIL 28, 2014
86 W COURT STREET
FRANKLIN, IN 46131
PAGE 3 OF 4
State Requirement: The special exception shall preserve the purpose of this Ordinance, and shall
not interfere substantially with the Comprehensive Plan.
Staff Analysis: The petitioner has not provided information proving that the request meets the
findings of fact for cellular communications facilities as established in the Zoning Ordinance The
Comprehensive Plan classifies the future land use of this area as Suburban Residential. The facilities
will improve the reliability of cellular service in the area.
STAFF ANALYSIS OF FINDING OF FACTS FOR DEVELOPMENT STANDARDS VARIANCE
State Requirement: The approval will not be injurious to the public health, safety, morals, and
general welfare of the community.
Staff Analysis: The petitioner has not proven the necessity of locating the towers in the right-ofway , that locating the towers in the right-of-way is less intrusive than locating the towers on
private property, or provided any plans indicating how maintenance of the facilities will not
disrupt traffic and other use of the right-of-way.
State Requirement: The use and value of the area adjacent to the property included in the variance
will not be affected in a substantially adverse manner.
Staff Analysis: The petitioner has not proven the necessity of locating the towers in the right-ofway or that locating the towers in the right-of-way is less intrusive than locating the towers on
private property.
State Requirement: The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in the use of the property.
Staff Analysis: Denial of the variance would not prohibit the use of the right-of-way for
transportation or public utilities.
STAFF ANALYSIS & RECOMMENDATION
Staff has concluded that the proposal has the following deficiencies:
1.
The petitioner has not submitted adequate information to prove that the request meets the
findings of fact for cellular communications facilities as established in the Zoning Ordinance.
2. The petitioner has not proven the necessity of locating the towers in the right-of-way or that
locating the towers in the right-of-way is less intrusive than locating the towers on private
property.
3. The petitioner has not provided any plans indicating how maintenance of the facilities will not
disrupt traffic and other use of the right-of-way.
4. Approval of this request would set a precedent of permitting private facilities in the public rightof-way.
Therefore, Staff Recommends DENIAL of the Special Exception and Variances.
LAND USE PETITION HISTORY
Decisions relative to prior land use petitions on or in the vicinity of the subject site should not be
considered legally precedential. The land use petition history, similar to this request, listed below is
provided strictly for informational purposes.
Page 11
DEPARTMENT OF PLANNING AND ZONING
JOHNSON COUNTY, INDIANA
86 W COURT STREET
FRANKLIN, IN 46131
Land Use Petition History – Subject Site
STAFF REPORT
SP-2-15 / V-11-15
APRIL 28, 2014
PAGE 4 OF 4
None.
Land Use Petition History - Vicinity
SP-3-14 / V-20-14 – 5234 W Stones Crossing Rd. (1/2 mile from subject property)
Date: 2014
Description: Special Exception to allow for a cellular communications facility.
Approved: Yes
V-029-09– 3697 S Morgantown Rd (3/4 mile from subject property)
Date: 2009
Description: Variance from multiple sign requirements, including allowing for the sign to sit in
the right-of-way.
Approved: No
GENERAL INFORMATION
Applicant:
Zayo Group, Represented by Leonard Strickland
5200 E 64th St, Suite 2A
Indianapolis, IN 46220
Owner:
Public Right-of-Way
Zoning:
Land Use:
Future Land Use:
R-1 (Single-Family Residential)
Public Right-of-Way
Suburban Residential
Page 12
May 11, 2014
Johnson County Board of Zoning Appeals
Johnson County, IN
86 W. Court St
Franklin, IN46131
Johnson County Board of Zoning Appeals,
Zayo Group, an Indiana Public Utility, has prepared this document per the instructions of the Johnson
County Planning and Zoning Department.
The purpose of this document is to respond to specific request for the reasons Zayo is requesting a
Variance be granted for the use of the Right of Way and to answer questions of what the Zayo Group
project includes.
Zayo Group, has been asked by the nation’s largest wireless provider, to design and build a network of
communications facilities on utility poles placed in Department of Transportation established Right of Way
(R/W). These facilities are called Small Cell. The purpose of the small cell is outlined in a power point
deck that has been provided as part of the application package. These facilities help to manage and
improve a stressed network of cell towers by completing the following;





Remove dead zones or areas of dropped calls
Increase the data speeds for wireless devices in a geographic region
Improve the accuracy of E-911location services
Help manage high volume locations
Reduce demand on cell towers to so the cell towers can maximize coverage
A review of the City of Greenwood and surrounding area, identified locations both in the City of
Greenwood as well as the surrounding areas that are in Johnson County. One of these critical areas is
Center Grove High School. This location has a very high volume of demands on the existing wireless
network. More and more schools are allowing the use of personal wireless devices and also the fact that
social media drives today’s young adults. Additionally, the enhanced 911 services (E911) will be greatly
improved with the addition of these two locations.
Zayo Group, helped develop these sites at the High School that would help school administrators,
students, the public, and attendees to school functions. These small cell locations are perfectly suited to
complete these objectives with no impact to the surrounding area but all of the benefits.
To help facilitate the review by the Board, Zayo has prepared answers to the following questions posed
by Johnson County Planning and Zoning:
1. Proposed communications facilities may be permitted in any zoning district that specifically
provides for their location, but not in a Corridor Overlay District within such district. Proposed new
communications towers must gain special exception approval by the Johnson County Board of
Zoning Appeals. Proposed antenna additions to existing structures need not gain special
exception approval; however, all other applicable requirements of this Section shall be imposed
for such antenna additions:
 These facilities are not towers. They are an extension of the Zayo Group fiber network.
Zayo as an Indiana Public Utility, and a utility registered with the Indiana Utility
Regulatory Commission, has been granted access to the Public Right of Way. Zayo is
utilizing the zoning process as an opportunity to discuss the technology and answer any
questions.
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2. Any applicant proposing a new communications tower shall demonstrate that efforts have been
made to obtain permission to mount an antenna or antennae on an existing building, public utility
transmission structure, or communications tower rather than erecting a separate tower. The
applicant shall contact, by certified mail, all owners of potentially suitable structures within a onequarter (1/4) mile radius of the proposed site. If utilization of an existing structure is not an option,
the applicant shall provide written proof to this effect which shows that one of the following
situations exists:
a) The proposed equipment would exceed the structural capacity of the existing building, public
utility transmission or storage structure, or communications tower, and reinforcement of the
existing structure cannot be accomplished.
b) The proposed equipment would cause RF (Radio Frequency) interference with other existing
or proposed equipment for that existing structure and the interference cannot be prevented.
c) Existing buildings, public utility transmission structures, or communications towers do not
have adequate space, access, or height to accommodate the proposed equipment.
d) Addition of the proposed equipment would result in NIER (Non-Iodizing Electromagnetic
Radiation) levels which exceed adopted Federal or State emissions standards.
e) A reasonable business arrangement cannot be achieved.




Zayo has a fiber attachment agreement with Duke Energy.
Zayo has a small cell attachment agreement with Duke Energy
Zayo has a fiber attachment agreement with JC REMC
Zayo does not have a small cell attachment agreement with JC REMC
o The current issue is that Duke Energy only allows the installation of the antenna
on their power facilities. This is due to the weight of the additional equipment
that would be added. Also Duke has outlined in their agreement with Zayo
Group that the pole must be clear and able to be climbed by utility construction
workers and the equipment that is being proposed does not allow for free
climbing zones.
o Additionally the weight (650 lbs.) would over load the utility pole that pole would
need to be changed out for a larger pole. The result of using existing utility poles
is that the equipment would need to then be mounted in cabinets placed on
concrete pads near the utility pole. Zayo Group realizes that it’s easier to mow
around a pole then to mow around a cabinet. Also the care of the pole is easier
from a maintenance perspective than that of a large metal cabinet.
o Due to these factors, Zayo has utilized the IURC to install Zayo owned and
maintained utility poles in the right of way.
o Duke Energy has also required a very expensive monthly attachment agreement
to be put into place which would cause an undue hardship to Zayo Group as well
as our client.
o No reasonable agreement could be reached to allow the use of existing poles
due to ground cabinets needing to be used and high monthly rent fees and other
restrictions.
3. The applicant shall submit evidence that the facility or tower, and its method of installation, has
been designed to accommodate multiple antennae, in order to allow for future co-location, and
must allow future co-location arrangements.
 Zayo Group has provided construction drawings to the Johnson County Department of
Transportation. These sites were approved. As part of the process, Zayo also obtained
approval from the Center Grove High School Superintendent for the building of both
facilities. Since these utility poles are owned by Zayo, Zayo would be able to collocate
other carriers on the pole. Existing utility poles cannot support the weight of one carrier
equipment and would hence not be able to support addition of a second carrier.
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4. The applicant shall demonstrate that it is licensed by the Federal Communications Commission
(FCC) to operate a communications facility. At any time during the calendar year that an
amendment to the FCC license is issued, a copy of the amended license shall be submitted to the
Johnson County Department of Planning and Zoning within thirty (30) days of issuance.
 Please see attached exhibits that include the license agreements from our current client
awarded by the FCC and given approval to operate.
 Verizon Wireless currently holds multiple FCC licenses in Johnson County in order to
provide multiple forms of wireless services to its current and prospective customers.
 WQJQ691 –WU – 700-C (LTE) – 746-757 and 776-787 MHz
 WQGA717 –AW – AWS-F (LTE) – 2.145-2.155 and 1.745-1.755 GHz
 WQGA955 –AW – AWS-B (LTE) – 2.12-2.13 and 1.72-1.73 GHz
5. Proof shall be provided that the proposed communications facility complies with safety standards
and electromagnetic field limits established by the FCC. In the event that the FCC imposes more
stringent standards at a later date, those standards shall apply.
 RF emission readings at this site in the accessible areas would be well below the
applicable limits for FCC Uncontrolled/General Population and FCC
Controlled/Occupational environments as outlined in 47 CFR 1.1301 through 1.1319. The
sites carry appropriate RF emission signage to the public entering the site area.
6. Proof shall be provided that the communications facility has been reviewed, and has not been
determined to be a hazard, by the Federal Aviation Administration (FAA). The communications
tower shall meet all FAA regulations.
 These wireless communications sites have been designed, and will be constructed and
operated in a manner that satisfies regulations and requirements of all applicable
governmental agencies that have been charged with regulating tower specifications,
operation, construction, and placement, including the FAA and FCC. These sites use
radio equipment that, by design, will not interfere with any other communications facilities
either on site or in the surrounding area.
7. Proof shall be provided that the proposed communications facility will not cause RF (Radio
Frequency) interference, or any other interference, with existing public safety communications
systems. If constructed, all communications facilities shall be maintained so as to prevent
interference with existing public safety communications systems.
 RF emission readings at this site in the accessible areas would be well below the
applicable limits for FCC Uncontrolled/General Population and FCC
Controlled/Occupational environments as outlined in 47 CFR 1.1301 through 1.1319. The
sites would carry appropriate RF emission signage to the public entering the site area.
8. The applicant shall submit evidence that the facility, tower, or antenna addition to an existing
tower or structure, and its method of installation, has been designed by a civil or structural
engineer registered in the State of Indiana and is certified by that engineer to be structurally
sound and able to withstand wind and other loads in accordance with applicable building codes.
 Pending Delivery if PE stamped drawings. The poles are fully capable of supporting the
required equipment with no issues. These poles are only 40’ in height and not subjected
to the same wind loading issues that large macro towers are exposed to.
9. The owner of any communications facility shall be required to conduct periodic inspections of the
facility to ensure structural integrity. Inspections shall be conducted by an engineer licensed by
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the State of Indiana. The cost of the inspection shall be borne by the tower owner. The result of
the inspection shall be provided to the Department of Planning and Zoning. Such inspections
shall be required as follows:
a) Monopole towers - at least once every ten (10) years.
b) Self-supporting towers- at least once every five (5) years.
c) Guyed towers - at least once every three (3) years.

These are not towers but utility poles. Zayo Group will conduct inspections of the utility
poles once every three years to ensure they are free from damage and any time normal
work activities occur at the site. Since these are wood poles they are treated with
chemicals to ensure they are free from bugs and other forms of insects that could
damage the poles. The wood poles are also inspected for damage from other sources
including weathering and mammals.
10. Adequate access by means of a public street or an access easement to a public street shall be
provided to facilitate periodic visits by maintenance workers. Said access drive shall be
composed of an all-weather, dust proof surface.
 These wood utility poles are in the established right-of-way. Access to the facilities will
be with ladder or bucket truck per standard procedures. Zayo is a licensed utility in the
state of Indiana and follows all INDOT and local DOT procedures for access in the R/W.
11. The distance between the base of the communications tower and any property line shall at least
equal the height of the tower. If the facility is erected on a leased parcel taken from a parent tract,
this distance may be measured to the property line of the parent tract. In addition, self-supporting
towers (not monopole towers) shall be sited no closer than one thousand (1,000) feet to any
residence. An accessory structure erected in connection with the facility shall meet required
setbacks for the district in which it is located.
 These are not towers. It is a wood, class 3, 45 foot pole in the right of way. The
installation practices are exactly like those of the other wood utility poles around the
proposed site. There is approximately four to five feet (5’) of pole buried in the ground
per standard utility pole installation practices. All Zayo work is done by qualified
contractors that also support the power utility companies. The same requirements that
the power utility companies and other communications carriers follow are followed by
Zayo.
12. The applicant shall demonstrate that the proposed height of the communications facility is the
minimum height necessary to function effectively.
 The proposed over all height is no more than 43’ and no less than 41’ in height. This is
well below some electric utility poles in the area. This height has been designed by RF
engineers to achieve maximum coverage area.
13. For communications facilities other than those added to existing structures, enclosure by a chainlink or similar fence at least six (6) feet in height shall be required. Said fence shall have a selflatching gate to limit accessibility to the general public.
 Since this are not standard macro cell towers, there is no need for fences. There are no
ladders attached to the utility poles so there are no climb and fall dangers by
unauthorized individuals. Power boxes are locked to prevent access and all sites are
fully compliant with NEC standards for electrical safety. Sites are also designed to
comply with DOT placement in the R/W.
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14. All guy wires and all guyed towers shall be clearly marked so as to be visible at all times. All guy
wires shall be a minimum of five (5) feet from any property line.
 This is a free standing structure with no need for guy wires.
15. Landscaping shall be installed and maintained by the owner of any communications tower as
necessary for proper screening of associated equipment storage or maintenance buildings. The
Board of Zoning Appeals may determine the extent of screening during special exception
approval.
 This is not a macro sell site and there is no need for screening. Using utility poles in the
R/W all allow for the facilities to blend in with existing infrastructure already present.
16. All lighting, other than that required by the FAA, shall be shielded and reflected away from
adjoining properties.
 These utility poles are not in FAA zones and are lower than existing power facilities in the
R/W. There are no lights required for these locations.
17. The facilities which are erected to maintain a communications facility may not include offices,
long-term vehicle storage, other outdoor storage, broadcast studios, or other uses that are not
needed to send or receive signals, unless such facilities are permitted uses in the zoning district.
 As free standing and self-supporting utility poles, there is no requirement or need for any
additional support facilities.
18. Approval under this Section will automatically lapse if the communications facility is not used for
six (6) consecutive months. In such case, all portions of the communications facility will be
removed by the party responsible for erecting the facility, or the property owner, with costs of
removal to be borne by that party.
 These facilities will be put to use within one week of construction completion.
19. Within R-1 and R-2 districts, all wireless communications facilities must be camouflaged so as to
be as harmonious as possible with the surrounding environment. The adequacy of the proposal
will be evaluated in the Special Exception review process.
 By using wood utility poles and placing the facilities in existing R/W, the locations will
blend in to the surrounding environment very quickly. There will be no ground cabinets
and no obstructions blocking the view of any vehicles. Locations are selected to
minimize impact. Cabinets are of a slim design that is a little wider than the pole they are
attached to. Initially there is the “Hum, what’s that?” and then the sites become part of
the landscape.
20. No lettering, symbols, images, trademarks, signs or advertising of any kind shall be placed on, or
affixed to, any part of a tower or structure, other than as required by the Federal Aviation
Administration, by Federal Communications Commission or other agency regulations, or as
required to protect public health and safety
 The only signs placed on the structure are those required by the FCC and DOT. There is
also an emergency number for First Responders in the event of an accident. There are
no signs advertising either the carrier of Zayo.
21. Any applicant proposing a new communications tower shall provide a map or maps identifying the
potential alternate sites for the new tower that have feasibility to serve the applicant’s service
territory needs.
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
There are no alternate areas. This is a utility pole placed in the R/W with other utility
poles. These areas are selected due to customer complaints from the carrier operator or
areas that see high volume use and need additional support.
22. The Board of Zoning Appeals may require the applicant proposing a new communications tower
to prove any one or more of the following:
a)that the applicant has a gap in its service territory; - typically a coverage map
b) that the applicant has made a thorough effort to evaluate all alternative sites and that the
alternatives are not feasible; and
c)that the proposal is the least intrusive means of serving the applicant’s service territory gap.

Additional information will be provided as needed. Many items are covered by the
Telecommunications Act of 1996 and subsequent additions.
In closing, Zayo Group would like to mention that there are already well over 200 of these facilities
installed across Indiana. Many of them are in the Central Indiana market. The demand for wireless
bandwidth is always going to be increasing. The demands on wireless carriers and companies like Zayo
to support them, will continue to add jobs and bring economic benefit to local communities as the push to
be a “tech city” increases.
Thank you for your time.
Sincerely,
Leonard Strickland, Project Manager
Zayo Group, LLC
317-507-0678
[email protected]
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Page 19
Page 20
VD
BL
RY
CE
AN
CENTERBROOK TRCE
MORGANTOWN RD
MORGANTOWN RD
PRIVATE DR
STONES CROSSING RD
R-1
PRIVATE DR
PENNINGTON DR
R-2
WA
RS
TE
E DGE
R-2
WAY
SP-2-15 / V-11-15
ZAYO GROUP
STONES CROSSING
& PENNINGTON DR.
Zoning
CODE, CLASS
A-1, AGRICULTURE
B-1, NEIGHBORHOOD BUSINESS
B-2, COMMUNITY BUSINESS
BUF, BUFFER
CITY, CITY LIMITS
CPARK, PARK
I-1, LIGHT INDUSTRIAL
I-2, HEAVY INDUSTRIAL
MIL, MILITARY
PUD, PLANNED UNIT
R-1, SINGLE FAMILY
R-2, SINGLE FAMILY
R-3, ONE AND TWO FAMILY
R-4, MULTI-FAMILY
R-5, MOBLIE HOME
R-R, RURAL RESIDENTIAL
SPARK, PARK
STD, SPECIAL TERRAIN
SURROUNDING
DEVELOPMENT
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STONES CROSSING RD
CH
HORNADAY DR
W H I T E
R I V E R
T W P
R-2
R
OSTE
ALDERSGATE DR
TROJAN LN
T
LY C
SP-2-15 / V-11-15
Zayo Group - Special Exception & Development Standards
Variance
Looking West from Proposed Location of Facility on
Pennington Rd.
Proposed Location of Facility on Stones Crossing
Looking South from Proposed Location of Facility on
Pennington Rd.
Page 22
Page 23