Provisions of this chapter are intended to address public safety concerns, promote aesthetic values and provide appropriate locations for wireless telecommunication facilities. This chapter establishes minimum standards for the location, installation, height and landscaping of wireless telecommunication facilities and encourages co-location of multiple service providers.

(Ord. No. 02-O-24, § 1.0, 7-9-2002.)

(a)

Requirements. A permit issued by the Department of Building and Zoning is required for all wireless telecommunications facilities and related accessory structures. No new or existing wireless telecommunications facility or accessory structure shall be erected, altered or relocated with out first obtaining a permit.

(b)

Application procedures.

(1)

Applications for wireless telecommunication facility permits shall be made to the Department of Building and Zoning on forms furnished by the Department. All applications shall be accompanied by a fee as established by the County Board.

(2)

Applications shall include information required to assure compliance with regulations for wireless telecommunication facilities and with all other applicable ordinances and regulations of the County.

(3)

Applicants shall provide a bond, in a form acceptable to the Department of Building and Zoning, to insure that wireless telecommunication facilities will be constructed, maintained and removed in accordance with this chapter.

(4)

Applicants shall submit an agreement to remove all facilities, structures and driveways if the facility becomes technologically obsolete or ceases to perform its original function for six (6) or more consecutive months. Upon removal, the applicant shall restore the site to its original condition, less normal wear and tear and seed all exposed soil.

(5)

Wireless telecommunication facility permits shall be issued by the Commissioner of Building and Zoning if the facility complies with the provisions of this chapter and with all other applicable ordinances and regulations of the County. Any permit may be revoked at any time by the Department of Building and Zoning upon a finding that a wireless telecommunication facility violates any provision of this chapter, of any other applicable Cook County Ordinance or when a permit holder has made false representations in securing a wireless telecommunication facility permit.

(Ord. No. 02-O-24, § 1.1, 7-9-2002; Ord. No. 06-O-25, 7-12-2006.)

(a)

Wireless telecommunication facility is defined in Article 14 of Appendix A, Zoning, under "telecommunications carrier wireless communication transmitting and receiving facility". The terms "structure" and "building" as used in this chapter are defined in Article 14 of Appendix A, Zoning. The term "public utility structure" as used in this chapter is defined in 220 ILCS 5/3-105 and includes electrical transmission and antenna towers, electrical power structures, and water towers owned by municipalities, townships, special service districts, county or state governments. "Cook County structure" includes any structure tower or building owned or operated by Cook County or any of its agents, departments, licensees or agencies.

(b)

Co-location of a new wireless telecommunication facility on an existing rooftop, public utility structure, or other existing structure shall not exceed 15 feet above the highest point of the existing structure.

(c)

New wireless telecommunication towers more than 100 feet in height above curb level must be designed and intended for co-location of at least five telecommunications service providers and must be located at least one-half mile away from any existing wireless telecommunication facility regardless of height. New wireless telecommunication towers co-located on an existing forest preserve, a Cook County structure or a co-location on a public utility structure shall be exempt from the one-half mile separation requirement.

(d)

New wireless telecommunication facilities shall not be installed on a building less than 40 feet in height when located in a residential district unless a variation is granted. Such variations shall be limited to installation of microcell and similar technology, and be no less than a reduction to 30 feet in height when located in a residential zoning district.

(e)

New wireless telecommunication facilities shall be set back from the nearest residential lot line a minimum distance equal to the height of the new wireless telecommunication tower except when co-location on an existing public utility structure and a variation is granted.

(f)

New wireless telecommunication towers excluding the lightning rod, shall not exceed 120 feet in height above curb level or if a co-location, extend more than 15 feet above an existing public utility structure, when located in a residence or commercial zoning district unless a variation is granted.

(g)

New wireless telecommunication towers excluding the lighting rod, shall not exceed 150 feet in height above curb level or if a co-location, extend more than 15 feet above an existing public utility structure, when located in an industrial or public zoning district unless a variation is granted.

(h)

New wireless telecommunication facilities shall meet or exceed the structural standards for steel antenna towers and supporting structures contained in the current "Electronic Industries Association/Telecommunications Industries Association 222 Revision Standards".

(i)

New wireless telecommunication facilities proposed for forest preserve property and/or public zoning districts must be located on a portion of the site improved and used for on-site maintenance or be co-located on an existing Cook County structure.

(Ord. No. 02-O-24, § 1.1.3, 7-9-2002; Ord. No. 06-O-25, 7-12-2006.)

(a)

New wireless telecommunication facilities are permitted in all zoning districts when co-located on an existing tower or structure or a public utility structure subject to provisions of this chapter.

(b)

A wireless telecommunication facility necessitating a new tower is permitted in the following districts:

(1)

Residential districts.

a.

Wireless telecommunication facilities and related accessory structures are permitted in single-family residence zoning districts and the residential transition zoning district only where the principal use is institutional, a forest preserve, or a co-location on a public utility structure, subject to the provisions of this chapter.

b.

Wireless telecommunication facilities and related accessory structures are permitted in the general residence zoning districts subject to the provisions of this chapter.

(2)

Commercial, industrial and public districts. Wireless telecommunication facilities and related accessory structures are permitted in commercial, industrial and public zoning districts subject to the provisions of this chapter.

(Ord. No. 02-O-24, § 1.2, 7-9-2002; Ord. No. 06-O-25, 7-12-2006.)

The following special provisions apply to wireless telecommunication facilities:

(1)

Wireless telecommunication facilities and related accessory structures may be located on zoning lots utilized for another use or improved with other structures or on zoning lots where no principal use or structure exists.

(2)

Minimum lot area, lot width and floor area ratio regulations are inapplicable to wireless telecommunication facilities and related accessory structures.

(3)

One off-street parking space shall be provided on site for each full-time employee based upon the maximum number of employees per shift.

(4)

Ground, roof and pole mounted antennas shall be screened by fencing, buildings or parapets that appear to be an integral part of the building or landscaping so that no more than 25 percent of the combined tower structure and antenna height is visible from grade level of adjoining single-family zoned property.

(5)

Wireless telecommunication facility locations which abut a street, single-family residence district or areas with public access, such as forest preserves, shall contain a landscape buffer along the property line consisting of at least one row of coniferous shrubs spaced not more than three feet on center. Plant materials shall be of a variety that will grow to at least five feet in height within two years.

(6)

Applicants shall preserve existing vegetation on a proposed wireless telecommunication facility site to the greatest extent possible and shall not remove any trees exceeding four inches in diameter either prior or subsequent to the issuance of a permit. Applicants shall submit a landscaping plan to the Department of Building and Zoning for the removal of trees exceeding four inches in diameter.

(7)

Wireless telecommunication facilities shall be either a galvanized finish or painted gray above the surrounding treeline and painted green, black or similar color below the existing or landscaped treeline to blend into the natural surroundings.

(8)

Wireless telecommunication facilities, including anchor posts and supporting wires, and all necessary structures, shall be completely surrounded by fencing at least six feet in height. The fence shall contain a locked gate at the junction of the access way and a public thoroughfare.

(Ord. No. 02-O-24, § 1.3, 7-9-2002; Ord. No. 06-O-25, 7-12-2006.)

The Zoning Board of Appeals may recommend to the County Board such conditions and restrictions upon the premises benefited by a variation as may be necessary to reduce or minimize the effect of the variation upon other properties in the neighborhood and to better carry out the general intent of this chapter.

(Ord. No. 02-O-24, § 1.4, 7-9-2002.)

(a)

Final action shall not be taken by the County Board on an application for a variation until the Zoning Board of Appeals' findings of fact and recommendations have been received.

(b)

Variations shall be passed by a favorable vote of three-quarters of all members of the Cook County Board of Commissioners in cases where the Zoning Board of Appeals has not recommended the variation.

(c)

Applications for variations shall be deemed denied if the Cook County Board of Commissioners has not taken final action within 60 days of receiving the Zoning Board of Appeals' findings and recommendations. The 60-day period may be extended if a request for an extension is made by the applicant or by a member of the County Board.

(d)

The County Board may impose conditions and restrictions upon a variation in order to assure that the public health, safety and welfare is adequately protected.

(Ord. No. 02-O-24, § 1.5, 7-9-2002; Ord. No. 06-O-25, 7-12-2006.)

The Commissioner of Building and Zoning is responsible for enforcement of this chapter. A person, firm or corporation, and their agents, employees or contractors who violate, disobey or refuse to comply with any provision of this chapter shall be subject to fines, penalties and injunctive relief as provided in Article 13 of Appendix A, Zoning.

(Ord. No. 02-O-24, § 1.6, 7-9-2002.)