A. Purpose: The purpose of this section is to establish general guidelines for the siting of wireless communication facilities (WCFs) and to encourage the orderly development of WCFs for the benefit of the community while protecting the character of residential neighborhoods and preserving the utility of the Southern Illinois Airport. In the interest of protecting the public's health, safety and general welfare, and to advance sound planning principles, it is important that the city encourage the delivery of new wireless technologies while controlling the proliferation of transmission towers. The objectives of the wireless communication facilities siting regulations and development standards are the following:
1. To protect residential areas from the uncontrolled development of WCFs by requiring reasonable siting conditions;
2. To encourage the users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas;
3. To provide a range of locations for WCFs throughout the city's zoning jurisdiction;
4. To promote the use of suitable land for the location of wireless antennas, towers and/or other WCFs;
5. To encourage collocation and site sharing of existing and new WCFs;
6. To encourage the location of WCFs onto existing structures to reduce the number of new communication towers needed within the city of Carbondale's zoning jurisdiction;
7. To regulate the type of tower facility constructed when towers are permitted;
8. To enhance the ability of providers of wireless communication services to provide such services to the community;
9. To preserve aircraft safety, access and the utility of the Southern Illinois Airport; and
10. To establish development standards to address the siting of WCFs which are consistent with the requirements of the federal telecommunications act of 1996, and are in the best interest of the future of the city of Carbondale.
In furtherance of these objectives, the city shall give due consideration to the comprehensive plan and zoning map, the Southern Illinois Airport hazard zoning regulations, existing land use and the location of environmentally sensitive areas in approving sites for the location of WCFs.
B. Applicability:
1. New Wireless Communication Facility: No person, firm or corporation shall install or construct any new WCF, unless and until, a tower and/or antenna use permit (TAUP) is issued by the development services director pursuant to the requirements of this section.
2. Preexisting Wireless Communication Facility: WCFs which exist, or WCFs which have been issued a zoning certificate to construct, prior to February 6, 2001, shall not be required to meet the requirements of this section, unless expansion or additions are requested. Alterations to a support structure, or the addition of antenna arrays to a structure, must meet the requirements of this section and may be completed after appropriate permits are issued.
3. Exemptions: The provisions of this section do not apply to a ground or building mounted receive-only radio or television antenna used for residential purposes; a ground or building mounted citizens band radio antenna; a ground, building or tower mounted antenna operated by a federally licensed amateur (ham) radio operator; and satellite dish antennas less than one meter (1 m) in diameter for residential uses, and less than two meters (2 m) in diameter for commercial or industrial uses, including direct to home satellite services, when used as an accessory use of the property. Such installations shall comply with any other applicable provisions of the zoning code.
C. Shared Facilities And Collocation Policy: All new wireless communication facilities shall be engineered, designed and constructed to be capable of sharing the facility with other applicants, to collocate with other existing WCFs and to accommodate the future collocation of other WCFs. A tower and/or antenna use permit (TAUP) shall not be issued until the applicant proposing a new WCF shall demonstrate that it has made, in reasonable good faith, an attempt to locate its WCF onto an existing structure. Competitive conflict and financial burden alone are not deemed to be adequate reasons against collocation.
D. Inventory Of Existing Sites: Upon adoption of this section, all wireless communication service providers operating in the city of Carbondale are required to register with the city of Carbondale. Registering service providers shall provide to the development services department an inventory of existing WCF towers and/or antennas that are within the zoning jurisdiction of the city of Carbondale, which includes all areas in the city limits and within one and one-half (11/2) miles of the border thereof, including specific information about the location, height and design of each tower.
E. Preference Locations For Facilities: The order of preference for locating new wireless communication facilities within the city of Carbondale's zoning jurisdiction shall be as follows:
1. Locating antenna attachments to existing support structures or to existing buildings or other structures which shall include, but not be limited to, utility poles, signs and water towers. All antenna attachments shall be permitted by administrative approval subject to the development standards of subsection J of this section.
2. Locating new support structures on land that meet all of the following requirements:
a. The site is located on property zoned AG, GI, or PAD.
b. The site has a setback distance of five hundred feet (500') from residentially zoned property (RR, R-1, R-1-D, R-2, R-3, PUD, and RMH).
c. The site has a minimum spacing requirement distance of one thousand feet (1,000') from any other support structure greater than one hundred feet (100') in height.
d. The support structure does not exceed three hundred feet (300') in height. In the PAD district the support structure may not exceed one hundred feet (100') in height.
e. Support structures on these lands shall be permitted by administrative approval subject to the development standards of subsection J of this section.
f. Locating new support structures on any other lands not meeting the requirements in this subsection E2. Support structures on these lands shall only be permitted by means of approval of a special use and subject to the development standards of subsection J of this section. When applying for a special use, the applicant shall provide the city with adequate information to establish that no lands included in this subsection E, can be made suitable for the applicant's proposed WCFs in accordance with subsection C of this section. (Ord. 2013-20)
F. Review Procedures:
1. Permitted Wireless Communications Facilities: Attached WCFs that meet the development standards prescribed in subsection J of this section shall be permitted by administrative review. All WCFs with support structures that are located on land in accordance with the requirements prescribed in subsection E of this section and meet the development standards prescribed in subsection J of this section shall be permitted by administrative review.
2. Wireless Communications Facilities Permitted By Special Use: All other proposed WCFs not included in subsection F1 of this section shall be subject to the special use approval process.
3. Temporary Wireless Communications Facilities: Temporary WCFs may be permitted by administrative approval for a term not to exceed sixty (60) days. Once granted, a temporary WCF permit may be extended for an additional sixty (60) days upon evidence of need by the applicant. Upon termination of the administrative approval for the temporary WCF, the temporary WCF shall be removed at the owner's expense.
4. Certificates Of Appropriateness: Any wireless communication facilities, regardless of type, to be located within an established national register or Carbondale registered historic district or landmark, shall be subject to review by the preservation commission in accordance with section 15.2.5.4 of this title. (Ord. 2013-31)
G. Tower And/Or Antenna Use Permit Submittals (TAUP):
1. All requests for a WCF, regardless of type, shall submit an application for a tower and/or antenna use permit (TAUP) on forms prescribed by the city and attach the following supporting documents and exhibits:
a. Scaled site plan.
b. Scaled elevation view.
c. Color rendering and/or photo simulation(s) of the proposed tower with its antennas, all facilities and required landscaping viewed from the nearest adjacent street or streets.
d. Copy of the FCC license of each proposed user of the tower, or in the case of new towers, approval from the FCC to construct the tower to demonstrate that all federal and state requirements have been met, including, but not limited to, those requirements of the national environmental policy act (NEPA), the federal aviation administration (FAA) and the state historic preservation office (SHPO) of the state of Illinois, if applicable.
e. Other supporting drawings, calculations and other documentation, signed and sealed by appropriate Illinois licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the development services director to be necessary to assess compliance with this section.
f. Copy of a collocation agreement wherein the applicant acknowledges that a condition to granting any tower and/or antenna use permit is the applicant's ongoing commitment to make available and reasonably market collocation sites on each new tower.
g. Evidence of compliance with subsections C, D, and H of this section.
H. Administrative Review Procedure: The following administrative review process shall apply to all WCF applications eligible for administrative review:
1. Review Authority: Review of proposed WCFs under this section shall be conducted by the development services director, or his/her designee, upon filing a TAUP application. The development services director may waive or amend specific requirements in subsection G of this section for the submittal of a TAUP application, if it is determined by the development services director that the goals of this section would be better served thereby.
2. Review Criteria: Each TAUP application shall be reviewed for compliance with the development standards specified in subsection J of this section.
3. Timing Of Decision: The development services director, or his/her designee, shall render a decision on the TAUP application by written response to the applicant within twenty (20) business days after receipt of the complete application, except that an extension may be agreed upon by the applicant.
4. Application Approval: If the TAUP application is in compliance with the development standards in subsection J of this section, and otherwise meets the requirements of this section, the development services director shall issue a TAUP.
5. Application Denial/Appeal Process: If administrative approval is denied by the development services director, the reason for denial must be made to the applicant in writing. The applicant may appeal the denial to the city manager. The city manager shall hear the appeal within ten (10) days of receiving a written request from the applicant. The city manager shall submit his/her written determination on the appeal to the applicant and to the development services director within five (5) working days of the conclusion of the appeal hearing. If administrative approval is denied by the city manager, the applicant may appeal the denial to the city council for the final determination in approving or denying the TAUP application.
I. Special Use Review Procedure: The following shall apply to all TAUP applications requiring submission to the planning commission for review in accordance with section 15.6.8 of this title. The planning commission shall consider the following in reaching a decision for recommendation to the city council:
1. Review Criteria: Each TAUP application shall be reviewed for compliance with the development standards set forth in subsection J of this section.
2. Tower Siting Conditions: The planning commission may recommend to the city council that conditions and restrictions be imposed on the application, or on the premises benefited by the TAUP, as it deems necessary to reduce or minimize any adverse effects and to enhance the compatibility of the WCF with the surrounding property, in accordance with the purposes and intent of this section.
3. Factors In Granting Special Use Permits For Towers: In addition to any standards for consideration of special use permit applications pursuant to section 15.6.8 of this title, the planning commission and city council shall consider the following factors when reviewing TAUP applications for new towers:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and residential district boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage; and
f. Proposed ingress and egress.
4. Availability Of Suitable Existing Towers, Other Structures Or Alternative Technology: No new support structure shall be permitted unless the applicant submits a written brief demonstrating that no existing tower, structure, or alternative technology that does not require the use of towers or structures, can accommodate the applicant's proposed WCF. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed WCF shall be prepared by a qualified and licensed Illinois professional engineer and may consist of one or more of the following:
a. Existing towers or structures are not located within a reasonable geographic area which meets the applicant's engineering requirements.
b. Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
c. Existing towers or structures cannot be altered to provide sufficient structural strength to support applicant's proposed antenna and related equipment.
d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
e. The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure, or to adapt an existing tower or structure for sharing, are unreasonable based upon market information provided to the development services director. Costs exceeding new tower development are presumed to be unreasonable.
f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
g. The applicant demonstrates that an alternative technology that does not require the use of towers or structures is unsuitable.
h. Applicants are required to demonstrate by providing proof of certified mailings or other reasonable means:
(1) That they have contacted the owners of reasonably suitable structures within a one thousand foot (1,000') radius of the proposed site and, which from a location standpoint, could provide part of a network for transmission of signals;
(2) That they have asked for permission to install the antenna on those structures; and
(3) That they were denied for reasons other than economic feasibility.
J. Development Standards: Development standards for wireless communications facilities shall include the following standards:
1. Height Standards: Attached WCFs are exempt from any height standard. The following height standards shall apply to support structure installations and shall supersede the height limitations of the zoning districts in this title:
a. WCFs in the RR, R-1, R-1-D, R-2, RMH, and PAR districts shall be restricted to fifty feet (50') in height.
b. WCFs in the PAD district shall be restricted to one hundred feet (100') in height or shall be subject to the special use procedures outlined in section 15.6.8.2 of this title.
c. WCFs in the R-3, PUD, NB, PA, SB, BPL, and BPR districts shall be restricted to one hundred fifty feet (150') in height. In addition, any WCF with a support structure in these districts shall be engineered and constructed to accommodate multiple antenna arrays.
d. WCFs in the BWA district shall be restricted to two hundred feet (200') in height. In addition, any WCF with a support structure in this district shall be engineered and constructed to accommodate multiple antenna arrays.
e. WCFs in the F, AG, LI, and GI districts shall be restricted to three hundred feet (300') in height. All WCFs with a support structure up to a height of one hundred fifty feet (150') shall be engineered and constructed to accommodate multiple antenna arrays. All WCFs with a support structure of greater than one hundred fifty feet (150') shall be engineered and constructed to accommodate at least three (3) antenna arrays.
f. All WCF installations shall be subject to the Southern Illinois Airport hazard zoning regulations and the FAA standards contained in title 14, code of federal regulations (14 CFR) part 77.
2. Setback Standards: The following setback standards shall apply to all WCF installations:
a. All support structures shall be constructed to comply with the setback provisions of the zoning district in which they are located, or as may be required by the site distance or spacing requirements prescribed in subsection E2 of this section, but in no instance shall any support structure be less than ten feet (10') from any lot line.
b. Attached WCFs are exempt from any setback standard. An antenna array may extend up to five feet (5') horizontally beyond the edge of an attachment structure so long as the antenna array does not encroach upon an adjoining parcel.
c. Equipment facilities and guy anchors, if permitted, must satisfy the minimum setback requirements of the zoning district in which they are located.
3. Landscaping: The following landscaping requirements shall be maintained by the applicant and shall apply to all new WCF installations:
a. Trees And Shrubs: Support structures and attached WCFs with new building construction shall be landscaped around the perimeter of the security fencing by a row of evergreen trees or evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least ten feet (10'). Trees shall be a minimum of one and one-half inch (1.5") caliper, or shrubs a minimum of thirty six inches (36") tall, at the time of planting.
b. Landform Preservation: Existing mature tree growth and natural landform on the site shall be preserved to the extent feasible, provided that vegetation that causes interference with the antennas or inhibits access to the equipment facility may be trimmed or removed.
c. Existing Vegetation: Existing vegetation on a WCF site may be used in lieu of required landscaping where approved by the development services director.
d. Minimum Site Disturbance: Grading for the new WCF shall be limited only to the area necessary for the new facility.
4. Aesthetics, Materials And Colors: The following standards shall apply to all WCF installations:
a. Support structures shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, or such shades as are appropriate and compatible with the surrounding environment, so as to reduce visual obtrusiveness.
b. Antenna array attachments and supporting electrical and mechanical equipment shall be of a color that is identical to, or closely compatible with, the color of the attachment structure so as to make the antenna array and related equipment as visually unobtrusive as possible.
5. Security Fencing: WCFs with support structures shall be enclosed by an opaque security fence not less than six feet (6') in height. Security features may be incorporated into the buffer, landscaping and screening requirements for the site. Nothing herein shall prevent security fencing that is necessary to meet requirements of state or federal agencies.
6. Lighting: The following lighting requirements shall apply to all WCF installations. WCFs shall not be artificially illuminated, directly or indirectly, except for:
a. Security and safety lighting of equipment buildings, if such lighting is appropriately down shielded to keep light within the boundaries of the site; and
b. Such illumination of the WCF as may be required by the FAA, or other applicable authority, installed in a manner to minimize impacts on adjacent residences.
7. Signage: WCFs shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except for a message containing provider identification and emergency telephone numbers and other emergency warning information as may be required by local, state or federal regulations governing WCFs.
8. Radio Frequency Emissions/Sound: The following radio frequency emissions standards shall apply to all WCF installations:
a. Radio Frequency Impact: Applicants for WCFs shall be required to provide information with the application on the measurement of the effective radiated power of the facility to document that the facility complies with all applicable FCC standards.
b. Sound Prohibited: No unusual sound emissions such as alarms, bells, buzzers or the like are permitted.
9. Structural Integrity: WCFs with support structures shall be constructed and maintained in compliance to the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222-E standard entitled "Structural Standards For Steel Antenna Towers And Antenna Supporting Structures" (or equivalent), as it may be updated and amended. Each support structure shall be capable of supporting multiple antenna arrays.
10. Collocation Support Structure Design: To encourage collocation of WCFs, all WCFs shall be designed to accommodate multiple antenna arrays in accordance with the development standards prescribed in subsection J1 of this section.
11. Collocation Agreement: All applicants for WCFs are required to submit a collocation agreement with the tower and/or antenna use permit (TAUP) application agreeing to allow and reasonably market collocation opportunities to other WCF users. The agreement shall include the applicant's policy regarding the collocation of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged to other providers. The collocation agreement shall be considered a condition of issuance of a TAUP. A TAUP shall not be issued unless the applicant complies with the shared facilities and collocation policy outlined in subsection C of this section.
12. Other Applicable Regulations:
a. State Or Federal Requirements: All towers must meet or exceed current standards and regulations of the national environmental policy act (NEPA), state historic preservation office (SHPO), federal aviation administration (FAA), federal communications commission (FCC) and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
13. Building Codes Requirements: Construction of all WCFs, within the corporate limits of the city, shall comply with the requirements of the Carbondale building codes and permitting process in addition to the requirements of this section.
K. Nonconforming Facilities: WCFs in existence, or WCFs which have been issued a zoning certificate to construct, prior to the date of the adoption of this section, which do not comply with requirements of this section, shall be considered nonconforming wireless communications facilities and are subject to the following provisions:
1. Expansion: Nonconforming WCFs may continue in use for the purpose now used, but may not be expanded without complying with this section, except as further provided in this section.
2. Additions: Nonconforming WCFs may add additional antennas (belonging to the same provider or other providers) subject to administrative review under this section.
3. Repairs Or Reconstruction: Nonconforming WCFs which become damaged due to any reason or cause, may be repaired and restored to its former use, location, and physical dimensions subject to the provisions of this section. Provided, however, that if the damage to the WCF exceeds fifty percent (50%) of the replacement cost, said WCF may only be reconstructed or repaired in compliance with this section.
4. Abandoned: Any nonconforming WCF not in use as a WCF for a period of twelve (12) consecutive months or longer, which is thereafter determined to be abandoned by the development services director as defined in this code, shall no longer be a nonconforming use.
L. Abandoned Facilities: The owner of a WCF shall file annually a declaration with the development services director as to the continuing operation of every facility installed and that the facility continues to meet EIA/TIA 222-E standards and any applicable state and building code standards. Failure to do so shall be determined to mean that the facility is no longer in use and may be considered abandoned subject to the following:
1. Any WCF that has not operated for a continuous period of twelve (12) months shall be considered abandoned, unless the owner of the WCF provides evidence, to the satisfaction of the development services director, that in reasonable good faith, attempts have been made to market the WCF to a provider, pursuant to the requirements of this section.
M. Removal Of Abandoned Facilities: The city, at its election, may require the owner of an abandoned WCF to remove the WCF within ninety (90) days from the date owner receives notice from the city to remove the WCF. If there are two (2) or more users of a single WCF, this provision shall not become effective until all providers cease to use the WCF. If the owner of an abandoned WCF cannot be located, or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the WCF is located.
N. Revocation Of Tower And Antenna Use Permits:
1. Any tower and/or antenna use permit (TAUP) issued pursuant to this section may be revoked by the city after a hearing as provided hereinafter. If the development services director finds that any permit holder has violated any provision of this section, or the conditions, restrictions or additional development standards of an approved special use; or has failed to make, in reasonable good faith, efforts to provide or seek collocation, the development services director shall notify the permit holder in writing that the TAUP is revocable due to the permit holder's noncompliance with the conditions of the permit. The development services director shall convene a meeting with the permit holder no later than thirty (30) days from the date of the letter. The development services director may require the permit holder to correct the violation within a reasonable amount of time or the director may recommend to the city manager that the TAUP be revoked.
The city manager shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The time for correction of the deficiencies shall not exceed sixty (60) days. The permit holder shall provide the city manager with evidence that the required corrective action has been taken. Should the permit holder fail to correct the deficiencies in the time required, the city manager shall request that the city council convene a public hearing to consider revocation of the TAUP. The hearing shall be conducted pursuant to notice by publication in a newspaper with general circulation in the city not less than fifteen (15) days prior to the hearing. The permit holder may be represented by an attorney and may cross examine opposing witnesses. Other interested persons may comment. The city council may impose reasonable restrictions with respect to time and procedure of the hearing. The proceedings shall be recorded. After the appropriate public hearing, the city council may revoke the TAUP upon receipt of evidence which proves by a preponderance of the evidence that the permit holder has violated or is in noncompliance with the provisions of this section. (Ord. 2013-20)