The requirements set forth in this section shall govern the location, construction and installation of all telecommunications facilities, towers and antennas, governed by this chapter.
(A) Prohibitions.
(1) (a) No new cell may be established if there is a technically suitable space available at commercially reasonable terms on an existing tower or structure within the search area that the new cell is to serve.
(b) For the purpose of this chapter, the search area is defined as the grid for the placement of the antenna.
(2) (a) No illumination shall be permitted on a telecommunications facility, tower or antenna unless required by the FCC, FAA or other state or federal agency of competent jurisdiction.
(b) Where lighting is required, the Building Commissioner may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.
(3) No advertising is permitted on a telecommunications facility, tower or antenna.
(B) Building codes; safety standards.
(1) To ensure the structural integrity of telecommunications facilities, towers and antennas, the owner of a facility shall ensure that it is maintained in compliance with applicable building and safety codes adopted by the city and the applicable standards for tower and antennas promulgated by the FCC and FAA from time to time.
(2) The owners of telecommunications facilities, towers, and antennas shall conduct inspections of the facilities at lease once every three years to ensure structural integrity. Inspections shall be conducted by a structural engineer licensed to practice in Illinois.
(3) A report of the inspection shall be filed with the Building Commissioner.
(C) Regulatory compliance. All telecommunications facilities, towers and antennas shall comply with all applicable current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate telecommunications facilities, towers and antennas.
(1) If regulations are amended from time to time, the owners of any communications facility, tower or antennas subject to the provisions of this chapter shall bring the facilities into compliance with the amended rules and regulations within six months of the effective date of the amendment, unless a more stringent compliance schedule is mandated by the controlling state or federal agency.
(2) The owners of telecommunications facilities, towers and antennas shall provide documentation establishing that each such facility is in compliance with all local, state and federal requirements.
(3) Evidence of compliance shall be submitted to the Building Commissioner.
(D) Operation of equipment. All telecommunications facilities, towers and antennas shall be installed, operated and maintained in accordance with all applicable laws, regulations and ordinances so as not to interfere with or cause interference with the city’s use of its other radio or television transmitting and/or receiving equipment whether located on the site or not.
(1) In the event there is interference with radio or other telecommunications transmissions, the owners of the facilities, towers and antennas shall promptly take all reasonable steps necessary to correct and eliminate the interference within a reasonable period of time; provided however, if the transmissions materially interfere with the city’s emergency transmitting and/or receiving equipment, such corrective steps shall be taken immediately upon notice by the city. If the owner of the facilities, towers or antennas fails to take immediate corrective action, the city may do so at the owner’s expense.
(2) If the owner is unable to eliminate the interference in accordance with division (D)(1), the owner shall terminate its facilities, towers or antennas from operation.
(E) Security.
(1) All telecommunications facilities, towers and antennas, except towers of less than 12 feet in height, and except for towers and antennas located on rooftops or alternative tower structures, shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device.
(2) The Building Commissioner may waive the requirements for alternative tower structures.
(F) Visual effect.
(1) Subject to any applicable standards of the FAA or other state or federal agency of competent jurisdiction, telecommunications facilities, towers or antennas shall be constructed of materials that will blend with the environment to reduce visual obtrusiveness.
(2) At a site of such a facility, construction of equipment buildings and related structures shall, to the extent possible, incorporate materials, colors, textures, screening and landscaping that will camouflage the tower facilities to blend with the natural setting and surrounding environment.
(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color identical to, or blends with, the color of the supporting structure so that the antenna and related equipment are as visually unobtrusive as possible.
(G) Landscaping.
(1) Landscaping shall be used to effectively screen the view of the tower compound from adjacent public ways, public property and residential property and shall include the following:
(a) For towers less than 150 feet in height, a buffer area no less than six feet wide shall be provided at any property line which faces a public street or way, or any residentially zoned property;
(b) For towers in excess of 150 feet in height, a buffer area not less than ten feet wide shall be provided at any property line which faces a public street or way, or any residentially zoned property; and
(c) The buffer zone shall consist of plant materials which can be expected to grow to form a continuous hedge at least five feet in height within two years after planting.
(2) Landscape screening forming a continuous hedge around the base of the tower and related equipment, and which can be expected to grow to form a continuous hedge at least six feet in height within two years after planting, shall be used to effectively screen the view of the tower compound from all other property.
(3) Trees and shrubs in the vicinity of guy wires shall not exceed 20 feet in height; shall not affect the stability of the guys should they be uprooted; and shall not obscure visibility of the anchor from the transmission building or security facilities.
(4) Native vegetation, or such other vegetation approved by the Building Commissioner, on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed and vegetation to be replaced.
(5) For good cause shown, the city’s Building Commissioner may permit use of an alternate detailed plan and specifications for landscaping and screening, including plantings, fences, walls and other features designed to screen and buffer towers and accessory uses.
(a) Such a plan shall accomplish the same degree of screening achieved by the requirements may be desirable for adequate visibility, for security purposes, or for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms.
(b) In locations where the visual effect of the tower would be minimal, including, without limitation, remote agricultural and rural locations or heavily developed industrial areas, the Building Commissioner may waive or reduce the landscaping requirements.
(H) Maintenance of telecommunications facilities, towers and antennas.
(1) Equipment located on or at a tele- communications facility, tower or antenna shall be automated to the greatest extent possible to reduce traffic and congestion.
(2) Where such a facility abuts or has access to a collector or local street, access for maintenance vehicles shall be exclusively by means of the collector street.
(I) Principal, accessory and joint uses of telecommunications facilities, towers and antennas.
(1) Where a telecommunications facility, tower or antenna is the principal use, accessory structures used in direct support of such a facility shall be allowed but shall not be used for offices, vehicle storage or other outdoor storage. Equipment buildings housing telecommunications facilities used in the operation of any tower, antennas or satellite dish on the property or adjacent property shall be accessory to the towers and antennas.
(2) Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the tower, unless repairs, inspections or maintenance to the tower are being made.
(3) In nonresidential zoning districts and in R5 and R6 zoning districts, subject to the requirements of this chapter, telecommunications facilities, towers or antennas may be located on sites containing another principal use in the same buildable area.
(a) The facilities may occupy a parcel meeting the minimum lot size requirements for the zoning district in which it is located.
(b) For a monopole or lattice tower, the minimum distance between a tower and another tower or principal use located on the same lot shall be the greater of 20% of the tower height or 25 feet.
(c) For a guyed tower, the minimum distance between a tower and another tower or principal use located on the same lot shall be the greater of 100% of the breakpoint or 25 feet.
(d) The separation is required to assure compatibility of land uses and to provide for the health, safety and welfare of individuals and structures occupying the same site.
(4) No tower may be located on a site where a proposed or existing principal use includes the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas and dangerous chemicals, unless the tower is set back from any such materials or liquids by not less than the total height of the tower.
(J) Lot size, setbacks and separation for telecommunications facilities, towers and antennas.
(1) All telecommunications facilities, towers and antennas shall be situated on a site of sufficient size and shape to provide an adequate setback from the based of the tower to any property line abutting a residential district. The size of the site shall be sufficient where the required setbacks are satisfied. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even through the antennas or towers may be located on leased parcels within the lot.
(2) All freestanding antennas and towers shall be set sufficiently back from property lines to:
(a) Provide for an adequate vegetative, topographic or other buffer required by division (G) of this section;
(b) Preserve the privacy of surrounding residential property; and
(c) Protect adjoining property from the potential adverse effect of tower failure by being large enough to accommodate such failure on the site, based on the engineer’s analysis.
(3) A freestanding antenna or tower is presumed to be sufficiently set back where it:
(a) Meets the requirements of divisions (J)(1) and (2);
(b) For non-guyed structures, provides a setback from a property line within, abutting or across a public right-of-way from a residential district of at least two feet for every foot of tower height; and
(c) For non-guyed structures, provides a setback equal to or exceeding the rear yard setback required for the adjoining property where the adjoining property is not in a residential district.
(d) Guyed structures within or abutting a residential district shall comply with the requirements of division (J)(2) and shall be situated on a site of sufficient size and shape to provide a setback equal to the height of the tower from a guy anchor to any property line abutting a residential district.
(e) Guyed structures not within or abutting a residential district shall comply with the requirements of division (J)(2) and shall be situated on a site of sufficient size and shape to provide a setback equal to the greater of the required setback for a principal use in the applicable zoning district, 100% of the breakpoint of the tower, or 25 feet.
(4) All equipment buildings or cabinets associated with a tower or antenna shall meet the setbacks required in the zoning district where the tower and the required buildings are located.
(5) No freestanding conditional use tower within a residential district or freestanding tower exceeding 60 feet in height within an R5, R6 or any nonresidential district, shall be allowed within the greater of a 1,000-foot radius or the separation distances set forth in division (J)(6) below, of a freestanding conditional use tower within a residential district.
(6) All freestanding towers within R5, R6 or nonresidential districts for which applications are submitted after approval of the ordinance codified in this chapter shall conform to the following minimum tower separation requirements:
Tower
Height |
<50 Feet | 50 - 100 Feet | 101 - 150 Feet | >150 Feet |
< 50 feet | 300 feet | 500 feet | 750 feet | 1,000 feet |
50 to 100 feet | 500 feet | 750 feet | 1,000 feet | 1,500 feet |
101 to150 feet | 750 feet | 1,000 feet | 1,500 feet | 2,000 feet |
> 150 feet | 1,000 feet | 1,500 feet | 2,000 feet | 2,500 feet |
(7) Towers and antennas mounted on rooftops shall be exempt from these minimum separation distances. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array.
(K) Location.
(1) General. In no case shall a freestanding tower be located in any required front yard.
(2) Residential zoning districts other than R5 and R6.
(a) Rear yards. In any residential zoning district other than R5 and R6, subject to the provisions of this chapter, and to the extent that it is practicable, towers and antennas shall be located only in the rear yard of any lot.
(b) Interior side yards. If signals cannot be clearly received from the rear yard, the towers and antennas may be located in the interior side yard.
(c) Roof or wall mounted. In the event signals cannot be clearly received by locating the towers and antennas in the rear or interior side yards of the property, it may be mounted on the roof or wall of the principal structure, subject to the following requirements:
1. Roof mounted or wall anchored towers and antennas installed on a principal building or structure shall be located on that portion of a roof or wall which faces a rear yard; and
2. In the event signals cannot be clearly received by locating the towers and antennas on that portion of a roof or wall which faces a rear yard, the towers and antennas may be installed on the side roof.
(3) R5, R6 and Nonresidential Zoning Districts.
(a) Rear yards, interior side yards and roof mounted. In any R5, R6 and nonresidential zoning district, to the extent that it is practicable, towers and antennas shall be located in rear yards, interior side yards, or on the roof, subject to the provisions of division (K)(3)(b) below.
(b) Roof mounted. In R5, R6 and nonresidential districts roof mounted towers and antennas may be installed on any portion of the roof of a principal structure where the antenna is effectively screened and is installed so that it is not visible between ground level and ten feet above ground level from any adjoining street or abutting residential property including other residential property in R5 or R6 districts.
(c) Wall mounted. In R5, R6 and nonresidential districts, wall mounted towers and antennas installed on a principal building or structure shall be located on that portion of a wall which faces a rear yard.
(d) Accessory structures. Roof mounted or wall anchored towers and antennas installed on an accessory building or structure may be located on any side of the roof or wall.
(2000 Code, § 15.74.040) (Ord. 2556, § 4, passed - -2001)