The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this chapter are to: a) protect residential areas and land uses from potential adverse impacts of towers and antennas; b) encourage the location of towers in nonresidential areas; c) minimize the total number of towers throughout the community; d) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single use towers; e) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; f) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; g) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; h) consider the public health and safety of communication towers; and i) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, city of Countryside shall give due consideration to the city's master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. (Ord. 01-05-0, 3-14-2001, eff. 4-13-2001)

As used in this chapter, the following terms shall have the meanings set forth below:

   ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

   ANTENNA: Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

   BACKHAUL NETWORK: The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

   FAA: The federal aviation administration.

   FCC: The federal communications commission.

   HEIGHT: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

   PREEXISTING TOWERS AND PREEXISTING ANTENNAS: Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date hereof, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

   TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self- supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. (Ord. 01-05-0, 3-14-2001, eff. 4-13-2001)

   A.   New Towers And Antennas: All new towers or antennas in city of Countryside shall be subject to these regulations, except as provided in subsections B through D of this section.

   B.   Amateur Radio Station Operators/Receive Only Antennas: This chapter shall not govern any tower, or the installation of any antenna, that is under thirty five feet (35') in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

   C.   Preexisting Towers Or Antennas: Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of subsections 10-13-4F and G of this chapter.

   D.   AM Array: For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. (Ord. 01-05-0, 3-14-2001, eff. 4-13-2001)

   A.   Principal Or Accessory Use: Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

   B.   Lot Size: For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

   C.   Inventory Of Existing Sites: Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of city of Countryside or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning administrator may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of city of Countryside, provided, however that the zoning administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

   D.   Aesthetics: Towers and antennas shall meet the following requirements:

      1.   Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

      2.   At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

      3.   If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

   E.   Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

   F.   State Or Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

   G.   Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the international building code, as amended from time to time. If, upon inspection, the city of Countryside concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

   H.   Measurement: For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in city of Countryside irrespective of municipal and county jurisdictional boundaries.

   I.   Not Essential Services: Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.

   J.   Franchises: Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in city of Countryside have been obtained and shall file a copy of all required franchises with the zoning administrator.

   K.   Public Notice: For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in section 10-13-6, table 2, of this chapter in addition to any notice otherwise required by the zoning ordinance.

   L.   Signs: No signs shall be allowed on an antenna or tower.

   M.   Buildings And Support Equipment: Buildings and support equipment associated with antennas or towers shall comply with the requirements of section 10-13-7 of this chapter.

   N.   Multiple Antenna/Tower Plan: City of Countryside encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process. (Ord. 01-05-0, 3-14-2001, eff. 4-13-2001)

   A.   General: The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit.

   B.   Permitted Uses: The following uses are specifically permitted:

      1.   Antennas or towers located on property owned, leased, or otherwise controlled by city of Countryside provided a license or lease authorizing such antenna or tower has been approved by city of Countryside. (Ord. 01-05-0, 3-14-2001, eff. 4-13-2001)

   A.   General: The following provisions shall govern the issuance of special use permits for towers or antennas by the plan commission-zoning board:

      1.   If the tower or antenna is not a permitted use under section 10-13-5 of this chapter, then a special use permit shall be required for the construction of a tower or the placement of an antenna in B-1 (antenna only and must be placed on the roof of a building, towers are prohibited), and M-1 and M-2 zoning districts. Except for the permitted uses or special uses herein, the construction of a tower or the placement of an antenna is prohibited in all other zoning districts.

      2.   Applications for special use permits under this section shall be subject to the procedures and requirements of this title, except as modified in this section.

      3.   In granting a special use permit, the plan commission-zoning board may impose conditions to the extent the plan commission- zoning board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

      4.   Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

      5.   An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution to reimburse city of Countryside for the costs of reviewing the application. (Ord. 15-44-0, 10-28-2015)

   B.   Towers:

      1.   Information Required: In addition to any information required for applications for special use permits pursuant to this title, applicants for a special use permit for a tower shall submit the following information:

         a.   A scaled site plan clearly indicating the location, type and height of the proposed tower, on site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), master plan classification of the site and all properties within the applicable separation distances set forth in subsection B5 of this section, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the zoning administrator to be necessary to assess compliance with this chapter.

         b.   Legal description of the parent tract and leased parcel (if applicable).

         c.   The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

         d.   The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection 10-13-4C of this chapter shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

         e.   A landscape plan showing specific landscape materials.

         f.   Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

         g.   A description of compliance with subsections 10-13-4C, D, E, F, G, J, L, and M of this chapter and subsections B4 and B5 of this section and all applicable federal, state or local laws.

         h.   A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

         i.   Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

         j.   A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

         k.   A description of the feasible location(s) of future towers or antennas within the city of Countryside based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

      2.   Factors Considered In Granting Special Use Permits For Towers: In addition to any standards for consideration of special use permit applications pursuant to this title, the plan commission- zoning board shall consider the following factors in determining whether to issue a special use permit, although the plan commission-zoning board may waive or reduce the burden on the applicant of one or more of these criteria if the plan commission-zoning board concludes that the goals of this chapter are better served thereby:

         a.   Height of the proposed tower;

         b.   Proximity of the tower to residential structures and residential district boundaries;

         c.   Nature of uses on adjacent and nearby properties;

         d.   Surrounding topography;

         e.   Surrounding tree coverage and foliage;

         f.   Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

         g.   Proposed ingress and egress; and

         h.   Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection B3 of this section.

      3.   Availability Of Suitable Existing Towers, Other Structures, Or Alternative Technology: No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the plan commission-zoning board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the plan commission-zoning board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

         a.   No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

         b.   Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

         c.   Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

         d.   The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

         e.   The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

         f.   The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

         g.   The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

      4.   Setbacks: The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the plan commission-zoning board may reduce the standard setback requirements if the goals of this chapter would be better served thereby:

         a.   Towers and antennas must be set back a distance at least equal to the height of the tower from any lot line.

         b.   Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

      5.   Separation: The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the plan commission-zoning board may reduce the standard separation requirements if the goals of this chapter would be better served thereby:

         a.   Separation From Off Site Uses/Designated Areas:

            (1)   Tower separation shall be measured from the base of the tower to the lot line of the off site uses and/or designated areas as specified in table 1 of this section, except as otherwise provided in table 1 of this section.

            (2)   Separation requirements for towers shall comply with the minimum standards established in table 1 of this section.

TABLE 1

 

 

Notes:

      1.    Includes modular homes and mobile homes used for living purposes.

      2.    Separation measured from base of tower to closest building setback line.

      3.    Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex.

         b.   Separation Distances Between Towers:

            (1)   Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in table 2 of this section.

TABLE 2

 

 

      6.   Security Fencing: Towers shall be enclosed by security fencing not less than eight feet (8') in height and shall also be equipped with an appropriate anticlimbing device; provided however, that the plan commission-zoning board may waive such requirements, as it deems appropriate.

      7.   Landscaping: The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the plan commission-zoning board may waive such requirements if the goals of this chapter would be better served thereby:

         a.   Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet (4') wide outside the perimeter of the compound.

         b.   In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

         c.   Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. (Ord. 01-05-0, 3-14-2001, eff. 4-13-2001)

   A.   Antennas Mounted On Structures Or Rooftops: The equipment cabinet or structure used in association with antennas shall comply with the following:

      1.   The cabinet or structure shall not contain more than fifty (50) square feet of gross floor area or be more than seven feet (7') in height. In addition, for buildings and structures which are less than thirty five feet (35') in height, the related unmanned equipment structure, if over fifty (50) square feet of gross floor area or seven feet (7') in height, shall be located on the ground and shall not be located on the roof of the structure.

      2.   If the equipment structure is located on the roof of a building, petitioner shall provide written opinion by a licensed architect as to the ability of the roof to support the proposed equipment structure.

      3.   Equipment storage buildings or cabinets shall comply with all applicable building codes.

      4.   Antennas mounted on the roof of a building shall be made to effectively blend into the architecture of the building.

      5.   If mounted on the roof, the height of an antenna shall not exceed seven feet (7') above the existing roofline. (Ord. 15-44-0, 10-28-2015)

   B.   Antennas Mounted On Utility Poles Or Light Poles: The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

      1.   In commercial or industrial districts the equipment cabinet or structure shall be no greater than seven feet (7') in height or fifty (50) square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet (8') in height or an evergreen hedge with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36").

   C.   Antennas Located On Towers: The related unmanned equipment structure shall not contain more than fifty (50) square feet of gross floor area or be more than seven feet (7') in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

   D.   Modification Of Building Size Requirements: The requirements of subsections A through C of this section may be modified by the zoning administrator in the case of administratively approved uses or by the plan commission-zoning board in the case of uses permitted by special use to encourage collocation. (Ord. 01-05-0, 3-14-2001, eff. 4-13-2001)

The owner of any antenna or tower shall immediately notify the city of the discontinued use of such antenna or tower. Failure to do so shall be in violation of this code and subject to applicable fines.

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the city of Countryside notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. (Ord. 01-05-0, 3-14-2001, eff. 4-13-2001)

   A.   Not Expansion Of Nonconforming Use: Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

   B.   Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such preexisting towers.

   C.   Rebuilding Damaged Or Destroyed Nonconforming Towers Or Antennas: Nonconforming towers or antennas which are damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at that time shall comply with the requirements of this chapter. In the event the damage or destruction is less than fifty percent (50%) of its replacement value at that time, the tower or antenna may be restored to its original condition at the time of such partial destruction.

In the event, restoration or repair of the tower or antenna must be started within a period of sixty (60) days from the date of damage or destruction and diligently restored or repaired. (Ord. 01-05-0, 3-14-2001, eff. 4-13-2001)