(A)   The purpose of this subchapter is to provide specific regulations for the placement, construction and modification of telecommunications facilities. The provisions of this subchapter are not intended and shall not be interpreted to prohibit or to have the affect of prohibiting the provision of personal wireless services, nor shall the provisions of this subchapter be applied in such a manner to unreasonably discriminate between providers of functionally equivalent personal wireless services.

   (B)   The goals of this subchapter are:

      (1)   To enhance the ability to provide telecommunications services to the city;

      (2)   To encourage the location of towers in non-residential areas;

      (3)   Minimize the total number of towers in the city;

      (4)   Encourage the joint use of new and existing tower sites; and

      (5)   Encourage users of towers to locate and configure them in a way that minimizes adverse visual impact.

   (C)   Accordingly, the City Council finds that the promulgation of this subchapter is warranted and necessary:

      (1)   To accommodate the growing need for communications facilities;

      (2)   To manage the location of communications facilities in the city;

      (3)   To promote and encourage shared use co-location of existing and new communications towers as a primary option rather than construction of additional single-use towers, and to reduce the number of such structures needed in the future;

      (4)   To protect residential areas and land uses from potential adverse impacts of communications towers, including support structure failure and falling ice; and

      (5)   To minimize adverse visual impacts of communications facilities through careful design, siting, landscape screening, and innovative camouflaging techniques.

(1960 Code, § 60-7-31) (Ord. 6132, passed 5-1-2000)

   Should the need arise where professional technical consultation is necessary, the Planning Director is authorized, at his or her discretion, to employ on behalf of the city an independent technical expert to review any technical materials submitted including, but not limited to, those required under this subchapter and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the city. To protect the applicant, any proprietary information disclosed to the city, or to the expert hired, shall remain confidential and shall not be disclosed to any third party.

(1960 Code, § 60-7-32) (Ord. 6132, passed 5-1-2000)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ANTENNA. Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves; an antenna attached to a principal building for the purpose of providing wireless telecommunications waves; an antenna attached to a principal building for the purpose of providing wireless telecommunications services, utilizing frequencies authorized by the Federal Communications Commission for “cellular”, “enhanced special mobile radio” and “personal communications systems” telecommunications services, and its attendant base station.

   ANTENNA HEIGHT. The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of communications tower height shall include antenna, base pad and other appurtenances and shall be measured from finish grade to the top of the antenna. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

   ANTENNA SUPPORT STRUCTURE. Any pole, telescoping mast, tower, tripod, building or other structure which supports a device used in the transmitting or receiving of radio frequency energy.

   FAA. The Federal Aviation Administration.

   FCC. The Federal Communications Commission.

   GOVERNING AUTHORITY. The Mayor and City Council of the City of Belleville, Illinois.

   PERSONAL WIRELESS SERVICE and PERSONAL WIRELESS FACILITIES. Defined in the same manner as in 47 U.S.C. § 332(c)(7)(C), as amended now or in the future.

   SATELLITE RECEIVING DISH. A generally dish-shaped signal-receiving device, the purpose of which is to receive communications or other signals from satellites in earth orbit and other extra- terrestrial sources.

   TELECOMMUNICATIONS FACILITY. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns and other types of equipment for the transmission and receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area and other accessory development.

   TOWER.

      (1)   Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers.

      (2)   The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative towers structures and the like.

(1960 Code, § 60-7-33) (Ord. 6132, passed 5-1-2000)

   (A)   Compliance. All new telecommunications facilities shall comply with this chapter upon the date of passage. All telecommunications facilities existing on the date of passage of this chapter shall be allowed to continue their usage as they presently exist and in accordance with continuance of non- conformity regulations. New construction, other than routine maintenance, on existing telecommunications facilities shall comply with the requirements of this subchapter, although the governing authority may waive or reduce the burden on the applicant of one or more of the requirements, if in the sole discretion of the governing authority, the goals of this chapter are better served thereby.

   (B)   Authorization. In all districts communication facilities shall be permitted only if specifically authorized with a special use permit by the Mayor and City Council, upon recommendations by the Zoning Board of Appeals. In granting a special use permit, the governing authority may impose zoning conditions to the extent the governing authority concludes such conditions are necessary to buffer or otherwise minimize any adverse effect of the proposed telecommunications facility on adjoining properties.

   (C)   Agreement. No approval granted hereunder shall be effective until the applicant and the city have executed a written agreement setting forth the particular terms and provisions under which the approval to occupy and use public ways of the city will be granted. Such agreement shall provide for complete indemnification for the city and also provide for such liability insurance as the city may require.

   (D)   Non-exclusive grant. No approval granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the city for delivery of telecommunications services or any other purposes.

   (E)   Rights granted. No approval granted under this subchapter shall convey any right, title or interest in the public ways, but shall be deemed approval only to use and occupy the public ways for the limited purpose and term stated in the approval. Further, no approval shall be construed as any warranty of title.

(1960 Code, § 60-7-34) (Ord. 6132, passed 5-1-2000)

   (A)   Registration and fee.

      (1)   All telecommunications carriers and providers that offer or provide any telecommunications services for a fee directly to the public within the city or outside the corporate limits from telecommunications facilities within the city, shall register with the city pursuant to this subchapter on forms provided by the city, which shall include:

         (a)   The identity and legal status of the registrant, including any affiliates;

         (b)   The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement; and

         (c)   All of the information listed below for a permit.

      (2)   Each application for registration as a telecommunications carrier or provider shall be accompanied by a fee of $500.

   (B)   Permit.

      (1)   A proper building permit must be obtained for any telecommunications facility installation. Applications for special use permit, planned unit development approval and building permit shall include any combination of site plans, surveys, maps technical reports or written narratives necessary to convey the following information:

         (a)   A scaled site plan clearly indicating the location, type and height of any proposed communications facility, on site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facilities and any other structures;

         (b)   Map and/or aerial photograph showing the proposed facility location and surrounding areas within 1,500 feet;

         (c)   Legal description of the property proposed for telecommunications facility;

         (d)   Exact distances, locations and identifications of surrounding residential properties and other telecommunications facilities;

         (e)   A landscape plan in compliance with the city code;

         (f)   Method of fencing, color of facilities and where applicable, the method of camouflage and illumination;

         (g)   Plans must be completed and sealed by a professional engineer registered with the state and must include a statement that the facilities will comply with the Electronic Industries Associations standards and all city building and construction codes;

         (h)   A statement by the applicant on the ability of the construction of the facility to accommodate the co-location of additional antenna installations; and

         (i)   Any telecommunications company must demonstrate that it is licensed by the FCC.

      (2)   The applicant must demonstrate how the proposed site fits into its overall network within the city and plans must include any expected future facilities desired to be constructed within the city.

(1960 Code, § 60-7-35) (Ord. 6132, passed 5-1-2000)

   (A)   Co-location.

      (1)   Co-location of communications antennas is desired to minimize adverse visual impacts associated with the proliferation and clustering of communications facilities. Co-location of communications facilities by more than one carrier on existing or new antenna support structures shall take precedence over the construction of new single use communication facilities. An applicant for a new antenna support structure shall demonstrate that a diligent effort has been made to locate the proposed communications facilities in accordance with the site selection and protocol requirements of this subchapter and that, due to valid considerations including physical restraints and economic or technological feasibility, no more appropriate location is available. The telecommunications company is required to demonstrate that it contacted, in writing, the owners of tall structures within a 1,500-foot radius of the site proposed, asked for permission to install the antenna on those structures, and was denied in writing, for reasons other than economic ones. The city may deny the application to construct a new facility if the applicant has not made a diligent effort, described in writing, to mount the antenna on an existing structure.

      (2)   In order to reduce the number of antenna support structures needed in the city in the future, any new proposed support structure shall be designed to accommodate antennas for more than one user, unless the applicant demonstrates in writing why such design is unfeasible for technical or physical reasons. Unless co-location has been demonstrated to be unfeasible, the site plan shall delineate an area near the base of the tower to be used for the placement of additional equipment/buildings for other users.

   (B)   Abandonment. In the event the use of any communications facility has been discontinued for a period of 180 consecutive days, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the City Planning Director, who shall have the right to request documentation and/or affidavits from the communications facility owner/operator regarding the issue of facility usage. Upon such abandonment the owner/operator of the facility shall have 90 days to reactivate the use of the facility, transfer the tower to another owner/operator who makes actual use of the facility, or dismantle and remove the facility. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility. When a facility has been abandoned and removed the City Council will take necessary action to vacate any previous special use or planned unit development approval for the particular abandoned facility.

(1960 Code, § 60-7-36) (Ord. 6132, passed 5-1-2000)

   (A)   Site selection.

      (1)   As a fundamental element of this subchapter, the telecommunications company proposing to construct an antenna support structure or mount an antenna on an existing structure is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company’s grid system. Further, the company must demonstrate by technological evidence that the height required is the minimum height necessary to fulfill the communications facilities function in the grid system.

      (2)   Given the unquestioned visual impact of communications towers on their surrounding environment, no antenna support structure may be constructed on a speculative basis. Applications for necessary permits will only be processed when the applicant has in place agreements with an FCC licensed telecommunications provider for lease/utilization of the support structure space, written proof of which must be offered by the applicant.

      (3)   Telecommunications facilities must be located and designed to minimize any adverse effect they may have on residential property values. Sites shall be placed in locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening. Location and design of all sites shall consider the impact of the site on the surrounding neighborhood. In residential districts and residential land use areas, the minimum lot size for commercial communications tower shall be three acres, except for government owned properties.

   (B)   Criteria. Specific locations will be evaluated using the following criteria which are not listed in order of priority:

      (1)   Topography as it relates to line of sight transmissions for optimum efficiency in service;

      (2)   Availability of road access;

      (3)   Availability of electrical power;

      (4)   Availability of land based telephone lines or microwave link capability;

      (5)   Leasable lands and landlords who want facilities to be located on their property;

      (6)   Screening of potential and existing vegetation, structures and topographic features;

      (7)   Compatibility with adjacent land uses;

      (8)   The least number of sites to cover the desired area;

      (9)   The greatest amount of coverage, consistent with physical requirements;

      (10)   Opportunities to mitigate possible visual impact; and

      (11)   Availability of suitable existing structures for antenna mounting.

   (C)   Protocols.

      (1)   The following establishes the planning order of priorities for locating new communications facilities:

         (a)   Place towers and antennas on commercial or government property;

         (b)   Place towers and antennas on other non-residential property;

         (c)   Place antennas on other appropriate existing structures such as buildings, communication towers, water towers and smoke stacks; and

         (d)   Place new communication towers in residential districts only if locations for which a need has been demonstrated are not available on existing structures or in non-residential districts.

      (2)   The telecommunications company is required to demonstrate that it contacted, in writing, the owners of other more appropriate properties and was denied, in writing, for reasons other than economic ones.

(1960 Code, § 60-7-37) (Ord. 6132, passed 5-1-2000)

   The following is a list of design criteria.

   (A)   New communications facilities shall be located in accordance with the site selection and protocol requirements of this subchapter and shall be designed to accommodate antennas for more than one user. All facilities must be architecturally compatible with 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. All facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate such facilities. If such standards and regulations are changed then the owners of the communications facilities shall bring those facilities into compliance with the revised standards and regulations within three months of the effective date of such standards and regulations unless a more stringent schedule is mandated by the controlling federal agency. Failure to bring facilities into compliance with such revised standards and regulations shall constitute grounds for the removal of the facility.

   (B)   All telecommunications facilities must be located on properties that comply with the lot area requirements of this chapter. Additionally any telecommunications facility located in a residential zoning district must be located on a lot with a minimum size of three acres.

   (C)   All communications facilities must be separated from communications facilities on other properties by at least 1,500 feet.

   (D)   The maximum height for any antenna support structure shall be 150 feet upon property zoned heavy commercial, 120 feet on property zoned light commercial and 100 feet on all other properties, unless additional height is approved by variation by the Mayor and City Council after a proper public hearing and recommendation of the Zoning Board of Appeals or Planning Commission in the event of a planned unit development amendment.

   (E)   All antenna support structures must be set back a distance equal to their height from any property line. At a minimum, any such antenna tower shall provide a lot line setback at least equal to one-half its height from the antenna to all adjoining residential property lines.

   (F)   Communications towers shall have a non-contrasting blue, grey or black finish, or a similar color that minimizes their visibility, unless a different color is required by the FCC or FAA.

   (G)   All telecommunications facilities shall be lighted only if required by the FCC or the FAA. Where tower lighting is required, it shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby properties, particularly residences. A manually-operated or motion detection light above the equipment shed door is permitted but shall be kept off except when personnel are actually present at night.

   (H)   Communications towers shall be constructed in accordance with standards of the Electronic Industries Association and all applicable construction and building codes, as may be amended from time to time. Surrounding areas shall not be negatively affected by support structure failure, falling ice or other debris or interference. All support structures shall be fitted with anti-climbing devices as approved by the manufacturers.

   (I)   Building mounted facilities must be architecturally compatible with the building on which they are mounted and designed and located so as to minimize any adverse aesthetic impact. Any support structure or mechanical equipment must be screened or enclosed in such a manner as to mask such equipment. Such screening shall be of non-combustible material and of the same color, character and design as the building upon which the screening is erected. An antenna must be mounted to the wall of a building or extend above the roof of a building without said screening provided the antenna is painted, or otherwise made to match the color of the building or structure or background against which they are most commonly seen. Communications facilities shall not occupy more than an aggregate total of 10% of the roof area of any building.

   (J)   Site location and development shall preserve the preexisting character of the site as much as possible. Existing vegetation must be preserved or improved, and disturbance of the existing topography of the site must be minimized. All ground mounted facilities and equipment shall be enclosed with a solid six-foot high fence. Landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure and any other ground level features, and in general soften the appearance of the facility. As a condition of permit the city may set conditions concerning existing vegetation, topography, walls, fences or other landscaping to achieve an acceptable degree of screening.

   (K)   Driveways and parking areas constructed in compliance with city code must be provided as necessary for each telecommunications facility. If any site is not automated, the number of required parking spaces shall equal the number of people on the largest shift. Any security fencing must be of a color and design to blend into the character of the existing environment.

   (L)   No telecommunications facility shall cause interference with the reception of television and radio broadcasts to the property on which they are located or to surrounding properties.

   (M)   The telecommunications tower when fully loaded with antennas, transmitters, other equipment and camouflaging (if needed), shall be designed to withstand the forces expected during the “maximum credible earthquake”. All equipment mounting racks and equipment used shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off the shelves or otherwise act to damage it. Measures shall be taken to keep the facility operational in the event of disaster.

   (N)   Backup generators shall only be operated during power outages and for testing and maintenance purposes. If the facility is located within 100 feet of a residential dwelling unit, noise attenuation measures shall be included to reduce noise levels to an exterior noise intensity level of at least 60 dB (decibels) at the property line and an interior level of 45 dB.

(1960 Code, § 60-7-38) (Ord. 6132, passed 5-1-2000)

   (A)   All telecommunication facilities shall be designed and operated in such a manner so as to minimize the risk of igniting a fire or intensifying one that otherwise occurs.

   (B)   To this end, all of the following measures shall be implemented for all telecommunications facilities, when determined necessary by the Fire Chief.

      (1)   At least one-hour fire-resistant interior surfaces shall be used on the construction of all buildings.

      (2)   Monitored automatic fire extinguishing systems approved by the Fire Chief shall be installed in all equipment buildings and enclosures.

      (3)   Rapid entry (KNOX) systems shall be installed as required by the Fire Chief.

      (4)   Type and location of vegetation and other materials within ten feet of the facility, and all new structures including telecommunications towers, shall be reviewed for fire safety purposes by the Fire Chief.

      (5)   All tree trimmings and trash generated by construction of the facility shall be removed from the property and properly disposed of prior to building permit finalization or commencement of operation, whichever comes first.

(1960 Code, § 60-7-39) (Ord. 6132, passed 5-1-2000)

   (A)   The following are considered exemptions:

      (1)   Proposed communications antennas may, and are encouraged to, co-locate onto existing approved structures; provided, such co-locations are accomplished in a manner consistent with the terms of this subchapter, then such co-locations may be approved without any new or additional special use or planned unit development approval. Proper plans must be submitted and permits obtained for such co-location facilities as required by this chapter; and

      (2)   Any communications facilities on properties owned by the city are exempt from the terms of this subchapter subject to any conditions set by the Mayor and City Council.

   (B)   Nothing in the Code shall apply to “receive only” communications facilities for use by an individual residential dwelling unit or business provided such facilities comply with the height requirements of the zoning district in which they are located.

(1960 Code, § 60-7-40) (Ord. 6132, passed 5-1-2000)