§ 158.208  GENERAL REQUIREMENTS.
   The requirements set forth in this section shall be applicable to all towers, antennas and other support structures installed, built or modified after the effective date of this subchapter to the full extent permitted by law.
   (A)   Principal or incidental use. Antennas and support structures may be either a principal use in all zoning districts or an incidental use to institutional or non-residential uses, subject to any applicable district requirement relating to yard or setback.
   (B)   Building codes, safety standards and zoning compliance. To ensure the structural integrity of antenna support structures, the owner shall see that it is constructed and maintained in compliance with all standards contained in applicable state and local building codes and the applicable standards published by the Electronics Industries Association, as amended from time to time. In addition to any other approvals required by this section, no antenna, tower or support structure shall be erected prior to receipt of a certificate of zoning compliance and the issuance of a building permit.
   (C)   Regulatory compliance. All antennas and support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other state or federal agency with the authority to regulate communications antennas and support structures. Should such standards or regulations be amended, then the owner shall bring such devices and structure into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction or modification of any antenna or structure permitted by this section shall be granted for any applicant having an uncured violation of this section or any other governmental regulatory requirement related to such antenna or structures within the city.
   (D)   Security. All antennas and support structures shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build or modify antennas or support structures. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the Director or by the Planning Commission in the case of a special use permit.
   (E)   Lighting. Antennas and support structures shall not be lighted unless required by the FAA or other state or federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build or modify the antennas or support structure. Equipment cabinets and shelters may have lighting only as approved by the Director on the approved site development plan.
   (F)   Advertising. Except for a disguised antenna support structure in the form of an otherwise lawfully permitted pylon sign, the placement of advertising on structures regulated by this section is prohibited.
   (G)   Design.
      (1)   Subject to the requirements of the FAA or any applicable state or federal agency, towers shall be painted a neutral color consistent with the natural or built environment of the site.
      (2)   Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located.
      (3)   Towers shall not exceed the height limitation of any airport overlay zone as may be adopted by the city.
      (4)   Antennas attached to a building or disguised antenna support structure shall be of a color identical to or closely compatible with the surface to which they are mounted. All other antennas shall be designed disguised, or if otherwise permitted, maximally concealed on or within the support structure. Unless demonstrated to be technologically unfeasible, exposed or separated antennas on “crows nest” platforms are prohibited.
      (5)   All towers shall be surrounded by a minimum six-foot high decorative wall constructed of brick, stone or comparable masonry materials and a landscape strip of not less than ten feet in width and planted with materials, which will provide a visual barrier to a minimum height of six feet. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by the Director in the case of use permitted by administrative permit, or by the Planning Commission in the case of a special use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved.
      (6)   All towers, disguised support structures, and related structures, fences and walls shall be separated from the property line of any adjacent property zoned for a residential use at least a distance equal to the height of the tower, and shall be separated from all other adjacent property lines at least a distance equal to one-half of the height of the tower or structure.
      (7)   Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning.
      (8)   On-site parking for periodic maintenance and service shall be provided at all antenna or tower locations consistent with the underlying zoning district.
   (H)   Shared use.
      (1)   Existing towers. Prior to the issuance of any permit to alter or modify any tower existing on the effective date of this subchapter, the owner shall provide to the city a written and notarized agreement committing to make said tower available for use by others subject to reasonable technical limitations and reasonable financial terms. The willful and knowing failure of a tower owner to agree to shared use or to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the city, be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the city.
      (2)   Tower inventories. Prior to the issuance of any permit to install, build or modify any tower, the tower owner shall furnish the Director an inventory of all of that owner’s towers in or within one and one-half miles of the city limits. The inventory shall include the tower’s reference name or number, the street location, latitude and longitude, structure type, height, type and mounting height of existing antennas and an assessment of available ground space for the placement of additional equipment shelters. Upon being modified, any such tower shall be placed on the multi-use interest area map for required collocation.
      (3)   Shared use required; new towers. Any new tower approved at a height of 60 feet AGL (above ground level) or higher shall be designed and constructed to accommodate at least one additional user unless a larger number is indicated by the response to the notification provisions herein. A written agreement committing to shared use as required by division (H)(1) above shall be submitted by the  tower applicant. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be unlawful and shall be a violation of this subchapter and, among other remedies of the city, shall be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the city.
      (4)   Communications tower multi-use area map. Any new tower approved within a communication tower multi-use interest area as designated by the map of the same title, shall be designed and constructed to accommodate the number of users indicated by the plan to the extent feasible. The willful and knowing failure of the owner of a tower build for shared use to negotiate in good faith with potential users shall be a violation of this subchapter and, among other remedies of the city, shall be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the city.
      (5)   Notice of tower applications to potential tower users. Prior to any application for the construction of a new tower or disguised support structure, a copy of the application or a summary containing the height, design, location and type and frequency of antennas shall be delivered by certified mail to all known potential tower users as identified by a schedule maintained by the Community Development Department. Proof of such delivery shall be submitted with the application to the city. The Director may establish a form required to be used for such notifications. Upon request, the Director shall place on a list the name and address of any user of towers or prospective user to receive notification of applications. The Director shall, before deciding on the application or forwarding it to the Planning Commission for consideration, allow all persons receiving notice at least ten business days to respond to the city and the applicant that the party receiving notice be permitted to share the proposed tower or locate within one mile of such area. Where two or more parties seek to locate within one mile of each other, or such other distance as is demonstrated to the Director to be reasonable pursuant to the objectives of this subchapter, the Director shall designate such area as a multi-use interest area on the map. The failure of the receiving party to use this process or respond to any such notice shall be considered cause for denying requests by such party for new towers or structures.
      (6)   Appeal of shared use violations. Any party seeking shared use of a tower subject to this provision shall after responding to notice of an application, negotiate with the applicant for such use. The applicant may on a legitimate and reasonable business basis choose between multiple requests for shared use on the same tower or structure, and may reject any request where legitimate technical obstacles cannot be reasonably overcome or where the party requesting shared use will not agree to reasonable financial terms. Any party believing that the applicant has breached its duty to negotiate in good faith for shared use shall immediately notify the applicant and the Director in writing. The Director may reject the application upon a finding that shared use has been improperly denied. A notice of breach of duty shall explain the precise basis for the claim and shall be accompanied by payment of an administrative review fee of $500 to the city to offset the cost of review. After the applicant’s receipt of the notice, the applicant shall have ten calendar days to provide a written submission to the Director responding to the alleged violation of the shared use requirement. If deemed necessary by the Director, he or she may engage, at the cost of the party alleging the violation, a neutral, qualified technical consultant to provide an opinion on feasibility or costs of the shared use request. If the Director receives a notice alleging a violation of the shared use requirement, the time for a decision on an administrative permit is automatically extended for up to 30 days until the Director has determined that the applicant has complied. An application for special use permit shall not be deemed complete for acceptance until a decision on compliance is reached.
   (I)   Construction of telecommunication facilities within one and one-half miles of the city. Except to the extent contrary to applicable law, a telecommunications carrier or other entity shall prior to constructing a telecommunications facility within one and one-half miles of the city shall comply with the following requirements.
      (1)   Notice.
         (a)   Pursuant to ILCS Ch. 65, Act 5, § 11-13-1, at least 30 days prior to commencing construction of a new telecommunications facility, the telecommunications carrier shall provide written notice of its intent to construct the facility. The notice shall include, but not be limited to the following information:
            1.   The name, address, and telephone number of the company responsible for the construction of the facility; and
            2.   The address and telephone number of the governmental entity that issued the building permit for the telecommunications facility.
         (b)   The notice shall be provided in person, by overnight private courier, or by certified mail to the city and all owners of property within 250 feet of the parcel in which the telecommunications carrier has a leasehold or ownership interest.
         (c)   For the purposes of this notice requirement, OWNERS means those persons or entities identified from the authentic tax records of the county in which the telecommunications facility is to be located. If, after a bonafide effort by the telecommunications carrier to determine the owner and his or her address, the owner of the property on whom the notice must be served cannot be found at the owner’s last known address, or if the mailed notice is returned because the owner cannot be found at the last known address, the notice requirement of this division (I)(1) is deemed satisfied.
      (2)   Subdivision and development regulations. No such construction shall commence contrary to any provision of the Subdivision and Development Control Ordinance and any required approval therein, including, but not limited to, any grading or infrastructure permit approval.
(Ord. 3399, passed 12-5-2005)