As used in this chapter, unless the context otherwise requires, the following words and terms shall have the meanings ascribed to them in this section:
AM BROADCAST STATION: A facility and one or more towers for the purpose of transmitting communication in the 540 kHz to 170 kHz band for public reception authorized by the FCC.
ANTENNA: An antenna device by which radio signals are transmitted or received, or both as well as communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
APPLICABLE CODES: Building, Fire, Electrical, Plumbing, or Mechanical Codes adopted by a recognized national code organization or local amendments to those codes, including the National Electric Safety Code.
APPLICANT: Any person who submits an application and is a wireless provider.
APPLICATION: A request submitted by an applicant to the County for a permit to collocate small wireless facilities, and a request that includes the installation of a new utility pole for such collocation, as well as any applicable fee for the review of such application.
COLLOCATE OR COLLOCATION: To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole.
COMMUNICATIONS SERVICE: Cable service, as defined in 47 USC 522(6), as amended; information service, as defined in 47 USC 153(24), as amended; telecommunications service, as defined in 47 USC 153(53), as amended; mobile service, as defined in 47 USC 153(53), as amended; or wireless service other than mobile service.
COMMUNICATIONS SERVICE PROVIDER: A cable operator, as defined in 47 USC 522(5), as amended; a provider of information service, as defined in 47 USC 153(24), as amended; a telecommunications carrier, as defined in 47 USC 153(51), as amended; or a wireless provider.
COUNTY BOARD: The County Board of Jo Daviess County.
COUNTY JURISDICTION AREA: Those portions of the County that lie outside the corporate limits of cities, villages, and incorporated towns that have municipal zoning ordinances in effect.
COUNTY PERMIT: A written authorization required by the County to perform an action or initiate, continue, or complete a project.
COUNTY UTILITY POLE: A utility pole owned or operated by the County in public rights-of-way.
DISTRIBUTED ANTENNA SYSTEM (DAS): Means a type of wireless telecommunication facility consisting of a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area.
EQUIPMENT HOUSING: A combination of one or more equipment buildings or enclosures housing equipment that operates in conjunction with the antennas of a facility, and the equipment itself.
FAA: The Federal Aviation Administration of the United States Department of Transportation.
FCC: The Federal Communications Commission.
FACILITY: That part of the signal distribution system used or operated by a telecommunications carrier or AM broadcast station under a license from the FCC consisting of a combination of improvements and equipment including:
A. One or more antennas;
B. A supporting structure and the hardware by which antennas are attached;
C. Equipment housing; and
D. Ancillary equipment such as signal transmission cables and miscellaneous hardware.
FACILITY LOT: The zoning lot on which a facility is or will be located.
FEE: A one-time charge.
HEIGHT OF A FACILITY: The total height of the facility's supporting structure and any antennas that will extend above the top of the supporting structure; however, if the supporting structure's foundation extends more than three feet (3') above the uppermost ground level along the perimeter of the foundation, then each full foot in excess of three feet (3') shall be counted as an additional foot of facility height. The height of a facility's supporting structure is to be measured from the highest point of the supporting structure's foundation.
HISTORIC DISTRICT OR HISTORIC LANDMARK: A building, property, or site, or group of buildings, properties, or sites that are either: a) listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the Federal agency to list properties and determine their eligibility for the National Register, in accordance with section VI.D.1.a.i through section VI.D.1.a.v of the Nationwide Programmatic Agreement codified at 47 CFR part 1, appendix C; or b) designated as a locally landmarked building, property, site, or historic district by an ordinance adopted by the County pursuant to a preservation program that meets the requirements of the Certified Local Government Program of the Illinois State Historic Preservation Office or where such certification of the preservation program by the Illinois State Historic Preservation Office is pending.
HORIZONTAL SEPARATION DISTANCE: The distance measured from the center of the base of the facility's supporting structure to the point where the ground meets a vertical wall of a principal residential building.
LAW: A Federal or State Statute, common law, code, rule, regulation, order, or local ordinance or resolution.
LOT LINE SETBACK DISTANCE: The distance measured from the center of the base of the facility's supporting structure to the nearest point on the common lot line between the facility lot and the nearest residentially zoned lot. If there is no common lot line, the measurement shall be made to the nearest point on the lot line of the nearest residentially zoned lot without deducting the width of any intervening right-of-way.
MICRO WIRELESS FACILITY: A small wireless facility that is not larger in dimension than twenty four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") in height and that has an exterior antenna, if any, no longer than eleven inches (11").
NONRESIDENTIAL ZONING DISTRICT: The jurisdiction area of the County, except for those portions within a Residential Zoning District.
NONRESIDENTIALLY ZONED LOT: A zoning lot in a nonresidential zoning district.
PERSON: An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization.
PRINCIPAL RESIDENTIAL BUILDING: Has its common meaning but shall not include any building under the same ownership as the land of the facility lot. "Principal residential building" shall not include any structure that is not designed for human habitation.
PUBLIC SAFETY AGENCY: The functional division of the Federal government, the State, a unit of local government, or a special purpose district located in whole or in part within this State, that provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services to respond to and manage emergency incidents.
QUALIFYING STRUCTURE: A supporting structure that is:
A. An existing structure if the height of the facility, including the structure, is not more than fifteen feet (15') higher than the structure just before the facility is installed; or
B. A substantially similar, substantially same location replacement of an existing structure, if the height of the facility, including the replacement structure is not more than fifteen feet (15') higher than the height of the existing structure just before the facility is installed.
RATE: A recurring charge.
RESIDENTIAL ZONING DISTRICT: A zoning district that is designated under the Jo Daviess County zoning ordinance and is zoned predominantly for residential uses.
RESIDENTIALLY ZONED LOT: A zoning lot in a Residential Zoning District.
RIGHT-OF-WAY: The area on, below, or above a public roadway, highway, street, public sidewalk, alley, or utility easement dedicated for compatible use. Right-of-way does not include County-owned aerial lines.
SMALL WIRELESS FACILITY: A wireless facility that meets both of the following qualifications: a) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet; and b) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than twenty five (25) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
SUPPORTING STRUCTURE: A structure, whether an antenna tower or another type of structure, that supports one or more antennas as part of a facility.
UTILITY POLE: A pole or similar structure that is used in whole or in part by a communications service provider or for electric distribution, lighting, traffic control, or a similar function.
WIRELESS FACILITY: Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: a) equipment associated with wireless communications; and b) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. Wireless facility includes small wireless facilities. Wireless facility does not include: a) the structure or improvements on, under, or within which the equipment is collocated; or b) wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support structures or utility poles or coaxial, or fiber optic cable that is otherwise not immediately adjacent to or directly associated with an antenna.
WIRELESS INFRASTRUCTURE PROVIDER: Any person authorized to provide telecommunications service in the State that builds or installs wireless communication transmission equipment, wireless facilities, wireless support structures, or utility poles and that is not a wireless services provider but is acting as an agent or a contractor for a wireless services provider for the application submitted to the County.
WIRELESS PROVIDER: A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES: Any services provided to the general public, including a particular class of customers, and made available on a nondiscriminatory basis using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided using wireless facilities.
WIRELESS SERVICES PROVIDER: A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE: A freestanding structure, such as a monopole; tower, either guyed or self-supporting; billboard; or other existing or proposed structure designed to support or capable of supporting wireless facilities. Wireless support structure does not include a utility pole. (Ord., 7-9-2002; amd. 2009 Code; Ord. 2018-09, 10-9-2018, eff. 10-9-2018)
Notes
| 1 | 1. 220 ILCS 5/1-101 et seq. |