The general purpose of this title is to regulate the placement, construction and modification of telecommunication support structures and antennae in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Specifically, this title is intended to:

(A)

Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City;

(B)

Minimize adverse visual impacts of telecommunication antennae and support structures through the careful design, siding, landscape screening and innovative camouflaging techniques;

(C)

Maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities;

(D)

Maximize the collocation of facilities on any new support structures;

(E)

Ensure that any new telecommunications antenna or support structure is located in an area compatible with the neighborhood or surrounding community to the extent possible;

(F)

Ensuring that regulation of telecommunications antennae and support structures does not have the effect of prohibiting the provision of personal wireless services, and does not unreasonably discriminate among functionally equivalent providers of such service.

(Zoning Ord. 2009, § 17.920.010)

As used in this title, the following terms shall have the meanings and usages indicated:

Antenna means any device that transmits and/or receives radio waves for voice, date or video communications purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. The term shall exclude satellite earth station antennae less than two (2) meters in diameter (mounted within twelve (12) feet of the ground or building-mounted) and any receive-only home television antenna.

Building Code means the building and other such codes officially adopted by the City for the regulation of construction, alteration, addition, repair, removal, demolition, location, occupancy, and maintenance of buildings and structures.

Cabinet means a structure for the protection and security of telecommunications equipment associated with one (1) or more antennae or support structures where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed ten (10) feet by twenty (20) feet and a vertical height that does not exceed eight (8) feet.

City means the City of Collinsville, Illinois.

City Council means that corporate body as provided for by state statutes and in Chapter 2.04 of the Municipal Code, as revised and amended.

Disguised support structure means any freestanding, manmade structure designed for the support of one (1) or more antennae, the presence of which is camouflaged or concealed as an appropriately-placed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require underground placement of the utilities leading to the structure. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, water towers, light standards, flag poles, and artificial trees.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Ground level means the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement.

Height means the vertical distance measured from the average grade of the base of the structure at ground level to its highest point, including the main structure and all attachments thereto.

Incidental use means any use authorized herein that exists in addition to the principal use of the property.

Modification means any addition, deletion, or change, inducing the addition, change, or replacement of antenna or support structure, requiring a building permit or other governmental approval.

Municipal Code means the Collinsville Municipal Code adopted by the City Council of the City on November 25, 1996, as revised and amended.

Shelter means a building for the protection and security of telecommunications equipment associated with one (1) or more antennae or support structures and where access to equipment is gained from the interior of the building and where human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennae or support structures are prohibited.

Sign Code means Chapter 15.36 et seq., of the City's Municipal Code, as revised and amended.

Site plan means a plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved, which also includes lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and manmade, and depending on requirements, the locations of proposed utility lines.

Support structure means a tower or a disguised support structure.

Tower means a structure designed for the support of one (1) or more antennae, including guyed towers, self-supporting (lattice) towers or monopoles, but not disguised support structures or buildings. The term shall also not include any support structure including attachments of sixty-five (65) feet or less in height owned and operated by an amateur radio operator licensed by the Federal Communication Commission.

Zoning Administrator, Building Inspector means that person holding the office of Zoning Administrator as provided for in Chapter 17.104.00 of the Municipal Code, and the position of the Building Inspector as referred to in Chapter 15.04 and other applicable sections of the Municipal Code.

Zoning Code means Title 17 et seq., of the City's Municipal Code, as revised and amended.

(Zoning Ord. 2009, § 17.920.020)

The requirements set forth in this title and the Building Code shall be applicable to all antennae and support structures installed, built, or modified after the effective date of the ordinance from which this title is derived, to the full extent permitted by law.

1.

Principal or incidental use. Antennae and support structures may be either a principal use in all zoning districts or an incidental use to existing nonresidential uses, subject to any applicable district requirement relating to yard restrictions or setbacks.

2.

Building codes, safety standards, and zoning compliance. To ensure structural integrity, all antennae and support structures shall be constructed and maintained in compliance with all standards contained in applicable state and local building codes as amended from time to time. In addition to any other approvals required by this chapter, no antenna or support structure shall be erected prior to receipt of a Zoning Compliance Certificate and the issuance of a Building Permit.

3.

Regulatory compliance. All antennae 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 telecommunication antennae 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 support structure permitted by this chapter shall be granted for any applicant not having cured a violation of this chapter, or any other governmental regulatory requirement related to such antenna or support structure within the City.

4.

Security. All antennae 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 an antenna or support structure. Additional measures may be required as a condition of the issuance of a Building Permit or Administrative Permit as deemed necessary by the Zoning Administrator, or by the Zoning Hearing Officer in the case of a special use permit.

5.

Lighting. Antennae 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 antenna or support structure. Equipment cabinets and shelters may have lighting only as approved by the Zoning Administrator on the approved site plan.

6.

Advertising. Unless otherwise approved in accordance with the City's Sign Code and any other applicable provisions of the City's Municipal Code, the placement of advertising on antennae or support structures regulated by this chapter is prohibited.

7.

Design.

(A)

Towers shall maintain a galvanized steel finish or, subject to the requirements of the FAA or any applicable state or federal agency, be painted a neutral color consistent with the natural or built environment of the site.

(B)

Shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall comply with any design guidelines as may be applicable to the particular zoning district in which they are to be located.

(C)

Towers shall not exceed the height limitation of any airport overlay zone as may be adopted by the City.

(D)

Antennae attached to a building, disguised antennae, or disguised support structures shall be of a color identical to or closely compatible with the surface to which they are mounted.

(E)

All towers shall be surrounded by a decorative wall constructed of brick, stone or comparable masonry materials that shall be of the same height of the cabinet or shelter, as well as a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of six (6) feet. The landscape strip, an alternative means of screening may be approved by the Zoning Administrator in the case of a Special Permit Use or Use permitted by Administrative Permit, or by the Zoning Hearing Officer in the case of a special use permit, upon demonstration by the applicant that an equivalent degree of aesthetic visual screening will be achieved.

(F)

All support structures and related structures, fences, and walls shall be separated from any off-site single- or two-family residential structure a distance equal to the height of the tower. Support structures on parcels adjacent to residentially zoned property shall meet the setbacks of the applicable zoning district as are required for a principal structure along the adjoining property line. Where adjacent to nonresidentially zoned property, support structures shall maintain setbacks as are required by applicable provisions of the City's Municipal Code.

(G)

Ground anchors of all guyed towers, if permitted, shall be located on the same parcel as the tower and meet the setbacks of the applicable provisions of the City's Municipal Code.

(H)

Vehicle or outdoor storage on any support structure site is prohibited.

(I)

On-site parking for periodic maintenance and service shall be provided at all support structure locations.

8.

Shared use.

(A)

Prior to the issuance of any permit to alter or modify any support structure existing on the effective date of the ordinance from which this title is derived, the owner shall provide to the City a written and notarized agreement committing to make said support structure available for use by others subject to reasonable technical limitations and reasonable financial terms. The willful and knowing failure of a support structure 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 antennae or support structures within the City.

(B)

Prior to the issuance of any permit to install, build or modify any support structure, the support structure owner shall furnish the Zoning Administrator with an inventory of all of that owner's support structures in or within one-half (½) miles of the City limits. The inventory shall include each support structure's reference name or number, street location, latitude and longitude, structure type, height, type and mounting height of existing antennae, and an assessment of available ground space for the placement of additional shelters or cabinets.

(C)

Any new support structure approved at a height of sixty (60) feet above ground level or higher shall be designed and constructed to accommodate at least additional users unless a larger number is indicated by the response to the notification provisions herein. A written agreement committing to shared use as required by this chapter shall be submitted by the support structure applicant. The willful and knowing failure of the owner of a support structure built for shared use to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the City, be cause for withholding of future permits to the same owner to install, build or modify antennae or support structures within the City.

(D)

Any new tower shall be designed and constructed to accommodate the number of users indicated by the site plan. The willful and knowing failure of the owner of a support structure built for shared use to negotiate in good faith with potential users shall be cause for the withholding of future permits to the same owner to install, build or modify antennae or towers within the City.

(E)

Prior to any application for the construction of a new support structure, a copy of the application or a summary containing the height, design, location and type and frequency of antennae shall be delivered by certified mail to all support structure users as identified by a list maintained by the Zoning Administrator. Proof of such delivery shall be submitted with the application to the City. The Zoning Administrator may establish a form required to be used for such notifications. Upon request, the Zoning Administrator shall place on the list the name and address of any user of support structures or prospective user to receive notification of applications. The Zoning Administrator shall, before deciding on the application or forwarding it to the Zoning Hearing Officer for consideration, allow all persons receiving notice at least ten (10) business days to respond to the City and the applicant that the party receiving notice be permitted to share the proposed support structure or locate within one mile of such area. 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 support structures.

(F)

Any party seeking shared use of a support structure 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 support 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 Zoning Administrator in writing. The Zoning Administrator 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 in the amount established in Title 4 to the City to offset the cost of review. After the applicant's receipt of the notice, the applicant shall have ten (10) calendar days to provide a written submission to the Zoning Administrator responding to the alleged violation of the shared use requirement. If deemed necessary by the Zoning Administrator, he may engage, at the cost of the party alleging the violation, a neutral, qualified technical consultant to provide an opinion on feasibility of costs of the shared use request. If the Zoning Administrator 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 thirty (30) days until the Zoning Administrator has determined that the applicant has complied with this section. An application for special use permit shall not be deemed complete for acceptance until a decision on compliance is reached.

(Zoning Ord. 2009, § 17.920.030; Ord. No. 4750, § 2, 9-24-2014)

The placement of antennae and support structures are permitted in all nonresidential zoning districts, as follows:

(A)

The replacement or attachment of additional antennae, shelters, or cabinets to any support structure existing on the effective date of the ordinance from which this title is derived, or subsequently approved in accordance with these regulations, provided that additional shelters or cabinets are located within the existing support structure compound area.

(B)

The mounting of antennae on any existing building or structure such as a water tower, provided that the presence of the antenna is concealed by architectural elements or satisfactory camouflaged by painting a color identical surface to which they are attached.

(C)

The mounting of antennae on or within any existing high-voltage electric transmission tower, but not exceeding the height of such tower by more than ten (10) feet.

(D)

The installation of antennae or the construction of support structures on buildings or land owned by the City following the approval of a lease agreement by the City Council.

(Zoning Ord. 2009, § 17.920.040)

The placement of antennae and support structures are permitted in all nonresidential zoning districts only by administrative permit granted by the Zoning Administrator, as follows:

(A)

The replacement or attachment of additional antennae, shelters, or cabinets to any support structure existing on the effective date of the ordinance from which this title is derived, or subsequently approved in accordance with these regulations and requiring the enlargement of the existing support structure compound area as long as all other requirements of this chapter and the underlying zoning district are met.

(B)

The one-time replacement of any support structure existing on the effective date of the ordinance from which this title is derived or subsequently approved in accordance with these regulations so long as the purpose of the replacement is to accommodate shared use of the site or to eliminate a safety hazard. The new support structure shall be of the same type as the original except that a guyed or self-supporting (lattice) tower may be replaced by a monopole. If the guyed or lattice tower to be replaced is one hundred eighty (180) feet or less in height, it shall only be replaced with a monopole. The height of the new support structure may exceed that of the original by not more than twenty (20) feet. Subsequent replacements shall require the approval of a special use permit.

(C)

The construction of a disguised support structure, provided that all related equipment shall be placed underground or concealed within the structure when the structure is located in any district other than a M-1 Industrial District. Equipment may be placed in a cabinet if the Disguised Support Structure is incidental to an industrial, commercial, institutional or other nonresidential use.

(D)

The placement of dual polar panel antennae on wooden or steel utility poles not to exceed forty (40) feet in height provided that all related equipment is contained in a cabinet.

(E)

Support structures erected and maintained for a period not to exceed thirty (30) days for the purpose of replacing an existing support structure, testing an existing or proposed network, or special events requiring mobile towers.

(Zoning Ord. 2009, § 17.920.050)

Applications for administrative permits shall be made on the appropriate forms to the Zoning Administrator, be accompanied by a filing fee in the amount established in Title 4, and shall include the following information:

1.

Requirements. A detailed site plan, based on a closed boundary survey of the host parcel indicating all existing and proposed improvements including buildings, drives, walkway, parking areas and other structures, public right-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height above ground level of the existing or proposed support structure.

2.

Review. The application shall be reviewed by the Zoning Administrator to determine compliance with the above standards and subject the application for review and comment by other departments and public agencies, as may be affected by the proposed facility.

3.

Decision. The Zoning Administrator shall issue a decision on the application within forty-five (45) days of the date of his receipt of the application, or the application shall be deemed approved unless the time period for review and action is extended with the written consent of the applicant. The Zoning Administrator may deny the application or approve the application as submitted or with such modifications as are, in his judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with the purposes of this chapter. The Zoning Administrator may consider the purposes of this chapter and the factors established herein for granting of special use permit as well as any other considerations consistent with this title. A decision to deny an application shall be made in writing and state the specific reasons for the denial.

4.

Appeals. Appeals from the decision of the Zoning Administrator shall be made in the same manner as otherwise provided for the appeal of administrative decisions in the City's Zoning Code.

(Zoning Ord. 2009, § 17.920.060)

All proposals to install, build or modify an antenna or support structure not permitted by Sections 15.44.040 or 15.44.050, shall require the approval of a special use permit following a duly advertised public hearing by the Zoning Hearing Officer.

1.

Applications. Applications for special use permits shall be filed and processed subject to and in the manner and time frame as established in Chapter 17.92 of the City's Zoning Code. A decision by the Zoning Hearing Officer shall be accompanied by evidence supporting the decision which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the public hearing by the applicant or others.

2.

Issuance. No special use permit shall be issued unless the applicant has clearly demonstrated that placement of an antenna or support structure pursuant to Sections 15.44.040 or 15.44.050 is not technologically or economically feasible. The Zoning Hearing Officer may consider current or emerging industry standards and practices, among other information, in determining feasibility.

3.

Findings. In addition to the determinations of limitations specified in this chapter and by Section 17.92.060 for the consideration of special use permits, the Zoning Hearing Officer shall also base its decision upon, and shall make findings as to, the existence of the following conditions:

(A)

No existing towers, structures or buildings within the necessary geographic area for the applicant's antenna or support structure meets the applicant's necessary engineering requirements considering: (1) height; (2) structural strength; (3) resulting signal interference; (4) feasibility of refitting; (5) feasibility of redesigning the applicant's support structure network; and (6) other limiting conditions that render support structures or buildings within the applicant's required geographic area unsuitable.

(B)

That the design of the support structure, including the antenna, shelter, cabinet, and ground layout maximally reduces visual degradation and otherwise complies with the provisions and intent of this section. Pursuant thereto, new towers shall be of a monopole design, unless it is shown that an alternative design would equally or better satisfy this provision.

(C)

That the proposal minimizes the number and/or size of support structures that will be required in the area.

(D)

That the applicant has not previously failed to take advantage of reasonably available shared use opportunities or procedures provided by this chapter or otherwise.

(E)

That no land owned by any agency of the federal or state government, or by any political subdivision of the state, is available for locating the antenna or support structure.

4.

Unique circumstances. If anyone, but not more than one, of the findings in Section 15.44.070.3 is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this section.

5.

Height. No support structure shall be approved at a height existing one hundred fifty (150) feet above ground level unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system or that of a public safety telecommunications system of a governmental entity sharing the support structure. Such showing must also be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limit or the reason why such alternatives are not viable.

(Zoning Ord. 2009, § 17.920.070; Ord. No. 4750, § 2, 9-24-2014)

1.

Removal. Any upper portion of a support structure which is not occupied by an electrically active antenna for a period of twelve (12) months, and any entire support structure which is not so occupied for a period of six (6) months, shall be removed at the support structure and/or property owner's expense. Removal of upper portions of a support structure manufactured as a single unit shall not be required.

2.

Nuisance. Failure to comply with this provision shall constitute a nuisance subject to remedying in accordance with state statutes or the Municipal Code by the City at the support structure and/or property owner's expense.

3.

Bond. Any applicant for a new support structure shall place a bond, letter of credit, or other security with the City prior to any final approval for the purpose of removing any support structure as required herein and to compensate the City for performing proper support structure maintenance of such support structures to ensure such structures do not become unsafe or otherwise fail to comply with the requirements of this chapter. The bond, letter of credit, or other security shall be in the form approved by the Zoning Administrator, and in the amount of twenty-five thousand dollars ($25,000.00), or such other amount as is determined by the Zoning Administrator to satisfy the requirements hereof with regard to the specific support structures to which it would apply.

(Zoning Ord. 2009, § 17.920.080)

Notwithstanding any right that may exist for a governmental entity to operate or construct a support structure, it shall be unlawful for any person to erect or operate for any private commercial purpose of any antenna or support structure in violation of any provision of this title, regardless of whether such antenna or support structure is located on land owned by a governmental entity.

(Zoning Ord. 2009, § 17.920.090)

Any person violating this provision shall be subject to a fine of not more than seven hundred fifty dollars ($750.00). Each day the violation continues shall constitute a separate offense subject to a separate penalty.

(Zoning Ord. 2009, § 17.920.100)

If any section, subsection, sentence, clause, phrase or portion of this title is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

(Zoning Ord. 2009, § 17.920.110)