§ 12-7-21 EXCEPTIONS TO APPLICABILITY.
   This article does not apply to the collocation of small wireless facilities on:
   (A)   Property owned by a private party;
   (B)   Property owned or controlled by a unit of local government that is not located within rights-of-way (local governments are, however, required to authorize the collocation of small wireless facilities on utility poles owned or controlled by the local government or located within rights-of-way to the same extent the local government permits access to utility poles for other commercial projects or uses);
   (C)   A privately-owned utility pole or wireless support structure, without the consent of the property owner;
   (D)   Property owned, leased or controlled by a park district, forest preserve district, or conservation district for public park, recreation or conservation purposes, without the consent of the affected district, excluding the placement of facilities on rights-of-way located in an affected district that are under the jurisdiction and control of a different unit of local government as provided by the Illinois Highway Code (605 ILCS 5/1-101 et seq.);
   (E)   Property owned by a rail carrier registered under § 18c-7201 of the Illinois Vehicle Code (625 ILCS 5/18c-7201), Metra Commuter Rail or any other public commuter rail service, or an electric utility as defined in § 16-102 of the Public Utilities Act (220 ILCS 5/16-102), without the consent of the rail carrier, public commuter rail service, or electric utility;
   (F)   Facilities of an electric or gas public utility or such utility's wireless facilities if the facilities are being used, developed and maintained consistent with the provisions of § 16-108.5(i) of the Public Utilities Act (220 ILCS 5/16-108.5(i)); or
   (G)   Small wireless facilities owned by the village.
(Ord. 2018-07-30, passed 7-16-2018)