(A) Locations.
(1) Subject to site plan approval, any such personal wireless service facilities shall be considered a permitted use if located either on (1) an existing freestanding tower and/or (2) on city-owned property pursuant to an agreement with the city and further provided that such facilities are so designed so as to allow and encourage co-location by other potential users. Prior to construction of such facilities, the petitioner must receive site plan approval from the Plan Commission pursuant to the site plan review process.
(2) A special use may be requested for any use that satisfies the definition of personal wireless service facility, as defined herein, provided that the proposed location satisfies any one of the criteria listed below:
(a) Personal wireless service facilities attached to existing freestanding towers used for other personal wireless services.
(b) The proposed location of the personal wireless service facilities is within the M-Manufacturing District (a) is not within 1000 feet of a residential district or (b) is separated from residential districts by a freeway or principal arterial as defined by the City of Palos Heights Comprehensive Plan.
(c) The proposed location of the personal wireless service facilities is attached to an existing building or structure within a non-residential district.
(B) Maximum Height for Personal Wireless Service Facilities. An applicant for approval of a personal wireless facility shall demonstrate that the personal wireless facilities do not exceed the minimum height required to function satisfactorily. Under any circumstances, personal wireless facilities shall not exceed the following height restrictions unless otherwise specifically approved by the Mayor and City Council.
(1) The maximum height of a freestanding tower shall not exceed 100 feet; provided, however, that an applicant requesting a freestanding tower shall demonstrate that the tower/antenna is the minimum height required to function satisfactorily.
(2) If mounted on the roof of an existing building or structure, the height of an antenna shall not exceed 10 feet above the height of the existing structure; provided, however, that the maximum height may be increased if (1) the radio signal would be impaired or blocked off if the antenna was located near the middle of the roof and (2) the City Council determines that it is preferable to locate the antenna at a location other than near the edge of the roof.
(3) An antenna attached to the side of a building, structure, or tower shall not extend above the roof of the building, structure, or tower; provided, however, if the radio signal is distorted or blocked by structures located on the roof of the building, the city may allow the height to exceed the height of the building structure or tower in its discretion.
(C) Screening and Site Location for Personal Wireless Service Facilities Attached to Freestanding Towers.
(1) Support structures and antennas shall have a non-contrasting blue, gray or similar color that minimizes their visibility and is compatible with the surrounding landscape.
(2) Personal wireless service facilities should be architecturally compatible with the surrounding buildings and land uses or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical.
(3) Personal wireless service facilities attached to a free-standing tower shall not be located between a principal building and a street or in the front yard of the lot in question. Such free-standing tower shall be located adjacent to the rear wall of the principal building unless (1) it is shown that an alternate location results in more effective screening or blending of the tower into the surrounding landscape or (2) the location has the affect of interfering with the operations of the principal use on the subject property; provided, however, such personal wireless service facilities nevertheless may not be located between the principal building and the street or in the front yard of the lot in question.
(D) Screening and Site Location for Personal Wireless Service Facilities Attached to Existing Buildings or Structures.
(1) Personal wireless service facilities may be attached to the wall or roof of a building subject to height restrictions in division (B) of this section. Such facilities shall not be attached to the front wall of a building unless it can be shown that other locations are not feasible and that the facilities shall be made to effectively blend into the architecture of the building.
(2) Personal wireless service facilities and their support structures attached to an existing building or structure shall be of a color identical to the building or that maximizes the blending of the facilities and support structures into the architecture of the building or structure.
(3) Personal wireless service facilities and their support structures attached to an existing building or structure shall not extend more than 24 inches beyond the wall of such building or structure.
(E) Screening and Site Location for Ground Level Equipment and Buildings.
(1) Personal wireless service facilities may be attached to the wall or roof of a building subject to the height restrictions set forth in division (B) of this section.
(2) Landscaping consisting of shrubs and similar materials shall be provided surrounding the foundation of ground level buildings, structures, and fences subject to the review and approval of the Building Commissioner.
(3) Ground level buildings and structures shall be designed and located to blend with the existing architecture and landscaping of the subject property and the surrounding area. Masonry facades shall be required for such buildings or structures unless otherwise allowed as a condition of the special use approval.
(4) Fencing may be provided as a condition of the special use approval for the purpose of enclosing and screening freestanding towers or antennas and their support facilities. Such fencing shall comply with the requirements for residential fences contained in this subchapter, except as specifically authorized by conditions for approval of a special use.
(F) Compliance with Governmental and other Safety Regulations.
(1) The applicant shall demonstrate that the proposed antennas and support structure are safe and that surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
(2) All towers and antennas shall comply with the current standards and regulations of the Federal Communications Commission, the Federal Aviation Administration, and any other agency of the federal government with the authority to regulate towers and antennas.
(3) Upon application and approval, the Building Commissioner shall issue a permit prior to construction of any tower or antenna. Said permit shall verify that towers and antennas are constructed in compliance with applicable city building codes and any requirements of the Electronic Industries Standards and the Federal Communications Commission, as well as the provisions herein.
(G) Co-Location and Location on Existing Structures Preferred. In order to minimize adverse visual impacts associated with the proliferation of towers, co-location of antennas by more than one provider on existing or new towers and location of antennas on existing buildings or structures shall take precedence over the construction of new, freestanding towers. If a new, freestanding tower is proposed, special use approval shall not be granted unless the applicant demonstrates compliance with the following:
(1) A diligent effort has been made to locate the antenna on an existing structure and that due to valid considerations including physical constraints and economic or technological feasibility, no other appropriate location is available.
(2) Covenants shall be recorded which require that the applicant allow, on a commercially reasonable basis, other providers of personal wireless service facilities and other antennas to co-locate on the proposed freestanding tower, where such co-location is technologically feasible.
(3) The site plan for the construction of a new, freestanding tower shall delineate an area, either on site or on adjacent property, near the base of the tower to be used for the placement of additional equipment and buildings for other users. To the extent that the site for the new free-standing tower is adequate to allow co-location on such site, the applicant must allow, on a commercially reasonable basis, other providers to locate on site.
(H) Abandonment of Towers or Antennas. In the event the use of a tower or antenna is discontinued for a period of 60 consecutive days, the tower or antenna shall be deemed to be abandoned. The Building Commissioner shall determine the date of abandonment based on documentation required from the tower owner/operator or other appropriate sources. Upon abandonment, the tower owner/operator shall have an additional 60 days within which to:
(1) Reactivate the use of the tower either by said owner/operator or transfer of the tower to another owner/operator for such use within the aforesaid 60-day period. Transfer of the tower to another owner/operator shall not require special use approval provided use of the tower is re-activated within the 60-day period and that the use of the tower complies with all conditions of the original special use approval and the terms of this subchapter.
(2) Dismantle and remove the tower at which time any special use shall become null and void.
(3) Request approval from the City Council to allow the abandoned tower or antenna to remain for a specified period of time. If said approval is granted the tower shall be reactivated or removed within the time period approved by the City Council as per the regulations herein.
(Ord. O-35-98, passed 8-4-98)