Effingham City Zoning Code

ARTICLE 24A

WIRELESS COMMUNICATION FACILITIES

24A-1. Purpose. The purpose of this Article 24A is to establish reasonable and uniform regulations for the location, installation, operation and maintenance of Wireless Communication Facilities;

Provide a range of locations for Wireless Communication Facilities in various zoning districts;

Encourage the location of Wireless Communication Facilities onto existing structures to reduce the number of new communication towers needed within the City of Effingham;

Encourage Collocation and Site Sharing of new and existing Wireless Communication Facilities;

Control the type of tower facility constructed, when towers are permitted;

Establish adequate development and design criteria to enhance the ability of providers of telecommunications services to provide service to the community quickly, effectively, and efficiently;

Protect residential and historic preservation areas from the uncontrolled development of Wireless Communications Facilities by requiring reasonable siting conditions;

Promote the use of suitable sites (public and private) for the location of wireless antennae, towers, and/or wireless communication facilities.

Insure the harmonious, orderly and efficient growth and development of the City of Effingham;

Stabilize the economy of the City of Effingham through the continued use of the City of Effingham's public resources;

Provide Overlay Districts in which the zoning laws permit the development of wireless communication facilities which are consistent with the requirements of the Telecommunications Act of 1996 and in the best interest of the future of the City of Effingham;

Provide clear performance standards addressing the siting of Wireless Communication Facilities; and,

Streamline and expedite the permitting procedures to effect compliance with the Federal Telecommunications Act of 1996.

(Ord. No. 027-2023, § III, 5-16-2023)

24A-2. Authority and Limitations. The City of Effingham, Illinois, a municipal corporation, is authorized pursuant to 65 ILCS 5/11-13-1 to exercise zoning authority. The Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7) states that:

General Authority: Except as provided in paragraph (c)(7), nothing in the Communications Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities.

Limitations:

The regulation of the placement, construction and modification of personal wireless service facilities by any State or local government or instrumentality thereof

shall not unreasonably discriminate among providers of functionally equivalent services; and,

ii.

shall not prohibit or have the effect of prohibiting the provision of personal wireless services.

A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request.

Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing supported by substantial evidence contained in a written record.

No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's (FCC) regulations concerning such emissions.

Any person adversely affected by any final action or failure to act by a State or local government or instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such actions on an expedited basis. Any person adversely affected by an act or a failure to act by a State or local government or instrumentality thereof that is inconsistent with clause (iv) may petition the Commission for relief.

Nothing contained in this Article 24A shall restrict any of the permitted uses of any zoned property within the corporate boundaries of the City of Effingham. Nothing contained in this Article 24A shall affect the right of a property owner to continue any legal non-conforming use existing prior to the adoption of Ordinance No. 56-1999, Ordinance No. 26-2000 and this Article 24A. This Article 24A shall not apply beyond the corporate limits of the City of Effingham being the 1 ½ mile Extra-Territorial Zoning and Subdivision Jurisdiction of the City of Effingham.

(Ord. No. 027-2023, § III, 5-16-2023)

24A-3. Conflicts, Rules and Definitions.

Construction with other ordinances: To the extent this Article 24A conflicts with any other ordinance of the City of Effingham, this Article 24A shall control.

Rules for words and phrases: For the purposes of this Article 24A, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory; the word "may" is permissive; the word "used" includes "designed" and "intended" or "arranged to be used or occupied."

Definitions: For the purposes of this Article 24A, the following words, phrases and terms shall have the following meanings:

•

"Antenna array" means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (hereinafter referred to as "rod"), directional antenna (hereinafter referred to as "panel") and parabolic antenna (hereinafter referred to as "disc"). The antenna array does not include the support structure.

•

"Attached wireless communication facility" (hereinafter referred to as "attached WCF") means an antenna array that is attached to an existing building or structure (hereinafter referred to as "attachment structure"), which structures shall include but not be limited to utility poles, signs, water towers, rooftops, towers with any accompanying pole or device (hereinafter referred to as "attachment device") which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

•

"Building Official" shall mean that person appointed by the City Council to serve as the Building Official for the City of Effingham.

•

"City" shall mean the City of Effingham, Illinois.

•

"Collocation" shall mean use of a common WCF or common site by more than one wireless communication license holder or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.

•

"Equipment facility" shall mean a shelter, building or similar structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.

•

"FAA" shall mean the Federal Aviation Administration.

•

"FCC" shall mean the Federal Communications Commission.

•

"FTA" shall mean the Federal Telecommunications Act of 1996.

•

"Height," when referring to a WCF, shall mean the distance measured from ground level to the highest point on the WCF, excluding the antenna array. In all other circumstances, "height" shall have its common meaning.

•

"Permittee" shall mean that person, limited liability company, corporation, partnership, entity, association or other similar entity that has applied for and received a TUP from the City of Effingham.

•

"Person" shall mean any natural person, individual, firm, association, organization, partnership, trust, foundation, limited liability company, company or corporation or other similar organization.

•

"Plan commission" shall mean the City of Effingham Plan Commission.

•

"Setback" shall mean the required distance from the property line of the parcel on which the WCF is located to the perimeter fence surrounding the support structure, or, in the case of guy-wire supports, the guy anchors.

•

"Support structure" shall mean a structure designed and constructed specifically to support an antenna array, and may include a monopole, self supporting tower, guy-wire-support tower and other similar structures. Any device (hereinafter referred to as "attachment device") which is used to attach an attached WCF to an existing building or structure (hereinafter referred to as "attachment structure") shall be excluded from the definition of and regulations applicable to support structures.

•

"Temporary wireless communication facility" (hereinafter referred to as "temporary WCF") shall mean a WCF to be placed and used for ninety (90) or fewer days.

•

"Tower use permit" (hereinafter referred to as "TUP") shall mean a permit issued by the City of Effingham specifically for the location, construction and use of a WCF subject to an approved site plan and any special conditions determined by the zoning administrator to be appropriate under the provision of this Article 24A.

•

"TUP applicant" shall mean that person, limited liability company, corporation, partnership, entity, association or other similar entity applying with the City of Effingham for a TUP.

•

"TUP application" shall mean that application attached to this Article24A as Appendix B, incorporated herein by reference.

•

"Wireless communications" shall mean any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (hereinafter referred to as "PCS"), specialized mobile radio (hereinafter referred to as "SMR"), enhanced specialized mobile radio (hereinafter referred to as "ESMR"), paging, and similar services that currently exist.

•

"Wireless communication facility" (hereinafter referred to as "WCF")" shall mean any facility used for the transmission and/or reception of wireless telecommunications services, and consisting of all or a part of the following: an antenna array, connection cables, an equipment facility, and a support structure.

•

"Zoning Board of Appeals" shall mean the City of Effingham Zoning Board of Appeals.

•

"Zoning Code" shall mean the City of Effingham Zoning Ordinance, as amended from time to time, including the official zoning map, as amended from time to time, and the comprehensive plan, as amended from time to time.

24A-4.

Restriction: No person shall install, operate, construct, or maintain, or cause to be installed, operated, constructed or maintained a WCF, temporary WCF, attached WCF or antenna array within the corporate boundaries of the City of Effingham, unless and until such person receives a TUP issued by the City of Effingham pursuant to this Article 24A.

(Ord. No. 027-2023, § III, 5-16-2023)

24A-5. Overlay Districts Created. All real estate situated within the corporate boundaries of the City of Effingham shall be, and the same are hereby divided into three (3) overlay districts, as follows:

District #1 shall include that real estate described in TABLE A which is attached hereto and hereby incorporated by reference as though fully stated herein. Antenna array, WCF's and attached WCF's may be permitted in District #1 in accordance with this Article 24A.

District #2 shall consist of that real estate within the corporate boundaries of the City of Effingham, except that real estate zoned residential in accordance with the Zoning Code. Attached WCF's, antenna array, and WCF's may be permitted in District #2 in accordance with this Article 24A.

District #3 shall consist of all support structures existing within the corporate boundaries of the City of Effingham. Attached WCF's and antenna array, but not WCF's, may be permitted in District #3 in accordance with this Article 24A.

Temporary WCF's. A temporary WCF may be permitted in accordance with this Article 24A.

Exempt communications facilities. This Article 24A shall not govern the operation, maintenance, installation or construction of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator. Such operation, maintenance, installation, or construction shall be governed by Article 26 of Appendix B (Zoning Ordinance) of the City of Effingham Municipal Code. This Article 24A shall not govern the operation, maintenance, installation or construction of any antenna or communications tower that does not transmit or receive personal wireless services as defined in the FTA. Such operation, maintenance, installation or construction shall be governed by Article 26 of Appendix B (Zoning Ordinance) of the City of Effingham Municipal Code.

Airport. Any antenna array, attached WCF, or WCF located or proposed to be located in any Airport Protection Zone or Overlay District as identified in Appendix B (Zoning Ordinance) of the City of Effingham Municipal Code, the City of Effingham Comprehensive Plan, or such other areas governed by the FAA or the Illinois Department of Aeronautics, shall comply with this Article 24A, the Zoning Ordinance, and the applicable rules, regulations of the FAA and the Illinois Department of Aeronautics.

(Ord. No. 027-2023, § III, 5-16-2023)

24A-6. Tower Use Permit.

Application submission. TUP applications shall be filed with the Building Official using the form provided in TABLE B of this Article 24AApplication contents. In addition to the information required in the TUP application, all TUP applicants shall submit the following material and information with the TUP application:

Scaled site plan containing a scaled profile and elevation views and other supporting drawings, calculations and other documentation showing the location and dimensions of the attached WCF, antenna array, or WCF and all improvements associated therewith, including information concerning specifications, antenna array locations, equipment facility and shelters, parking, access, landscaping, screening, topography, adjacent uses and existing vegetation; and

TUP applicants proposing to collocate in accordance with Section 24A-9 or proposing locate in District #2 or District #3, shall also include a radio frequency intermodulation study with their TUP application, and a non-refundable radio frequency intermodulation study review fee of five hundred dollars ($500.00); and

A copy of the TUP applicant's FCC license for the proposed attached WCF, antenna array, or WCF; and

A non-refundable administrative review fee of five hundred dollars ($500.00).

Technical assistance. To assist the Building Official, Plan Commission and/or the City Council in reviewing a TUP application, the Building Official may employ an engineer(s) or other consultant(s) qualified in the design and installation of attached WCF's, antenna arrays, or WCF's to assist the technical aspects of the TUP application. In such cases, the costs therefor shall be paid by the TUP applicant as a condition precedent to the issuance of a TUP, provided however, that such costs shall not to exceed one thousand five hundred dollars ($1,500.00).

(Ord. No. 027-2023, § III, 5-16-2023)

24A-7. TUP Application Process.

District #1 and District #3. TUP applications for attached WCF's, antenna array, and WCF's proposed to be operated, installed, maintained, and constructed in District #1 or District #3 shall be submitted to the Building Official for consideration in accordance with Section 24A-6 and on the form in TABLE B of this Article 24A. The Building Official shall grant a TUP to the TUP applicant within thirty (30) days from the filing of the TUP application if the TUP application complies with the provisions of paragraph a) of Section 24A-8. The Building Official may elect to extend said thirty-day period for an additional thirty (30) days for purposes of necessary technical review upon written notification to the TUP applicant prior to the expiration of the initial thirty-day review period. If the TUP application does not comply with the provisions of paragraph a) of Section 24A-8, then the Building Official shall deny the TUP application. In the event of a denial of a TUP application by the Building Official, the TUP applicant may appeal the decision of the Building Official to the Zoning Board of Appeals pursuant to Section 24A-13. If the Building Official fails to render a decision within the time frame(s) stated above, then the TUP application shall be deemed to have been granted by the Building Official in accordance with the terms of the TUP application.

District #2. TUP applications for WCF's, attached WCF's and antenna array proposed to be operated, installed, maintained, and constructed in District #2 shall be submitted to the Building Official for administrative review in accordance with Section 24A-6 and on the form in TABLE B of this Article 24A. The Building Official shall conduct an administrative review of the TUP application to determine compliance with the provisions of paragraph b) of Section 24A-8 for period not to exceed thirty (30) days, the Building Official may elect to extend said thirty-day administrative review period for an additional thirty (30) days for purposes of conducting necessary technical review upon written notification to the TUP applicant prior to the expiration of the initial thirty-day administrative review period. Upon the conclusion of the Building Official's administrative review, the Building Official shall submit a written report to the Plan Commission stating the findings of the Building Official's administrative review. Within fifteen (15) days after the conclusion of the Building Official's administrative review, the Building Official shall set the TUP application for public hearing at the next regularly scheduled Plan Commission meeting. Notice of the public hearing shall be published in a newspaper of general circulation in the City of Effingham not less than fifteen (15) days nor more than thirty (30) days from the date of the public hearing. The Plan Commission shall consider the TUP application at the public hearing, at which time interested persons may appear and offer testimony and evidence in support of or in opposition to the TUP application. The Plan Commission shall consider the following in reaching a decision on the TUP application:

TUP criteria. The TUP application shall be reviewed for compliance with the provisions of paragraph b) of Section 24A-8.

Tower siting conditions. The Plan Commission may deny a TUP application requesting a TUP in District #2 or may impose additional conditions and restrictions on the TUP as it deems necessary to reduce or minimize any adverse effects or to otherwise enhance the compatibility of the attached WCF, antenna array, or WCF with the surrounding property in accordance with the purposes and intent of this Article 24A. The violation of any such condition imposed shall be grounds for revocation of the TUP. The Plan Commission may deny the TUP application or may impose such additional conditions and restrictions on the TUP only after making the following findings:

The attached WCF, antenna array, or WCF would result in significant adverse visual impact, adverse aesthetic impact, adverse impact on property values on the surrounding neighborhood, or the non-compliance with the standards stated in paragraph b) of Section 24A-8; and

ii.

The denial, or the additional conditions or restrictions, are based upon the purposes and goals of this Article 24A.

The Plan Commission shall submit a written recommendation to the City Council recommending the grant or denial of the TUP application within thirty-five (35) days after the public hearing. The recommendation shall be in writing and be supported by substantial evidence contained in a written record. Upon receipt of the Plan Commission's recommendation, the City Council shall consider the recommendation and the TUP application. Within thirty (30) days of receipt of the Plan Commission's recommendation, the City Council shall grant or deny the TUP application. In the event the TUP application is denied by the City Council, the TUP applicant may seek judicial review of the City Council's decision pursuant to the FTA.

(Ord. No. 027-2023, § III, 5-16-2023)

24A-8. Standards. All WCF's, attached WCF's and antenna array shall satisfy the following standards. Failure to satisfy the following standards, or failure to continue to satisfy the following standards during the effective term of the TUP, shall result in the revocation of the TUP, and the City of Effingham may seek any and all remedies available to it pursuant to this ordinance [Appendix D].

District #1 and District #3 standards.

Height Standards.

The height of attached WCF's shall not exceed twenty (20) feet above the attachment structure.

ii.

The height of an antenna array attached to support structures shall not exceed the maximum permitted height of the support structure.

iii.

For District #1 TUP's only, the height of any support structure shall not exceed the maximum height as stated in TABLE A of this Article 24A,

Setback Standards. Antenna arrays, attached WCF's, and WCF's are exempt from the setback provisions.

Landscaping, Buffer and Screening. The following landscaping and screening requirements shall apply to all WCF's:

Antenna array and attached WCF's shall be landscaped and screened with a TYPE C Buffer per Appendix B of Appendix B (Zoning Ordinance) of the City of Effingham Municipal Code except other material for the sight proof fence may be considered (chain link fence with slats is not considered sight proof) and the large trees may be omitted in lieu of small trees. The fence shall be eight (8) feet in height.

ii.

All other WCF's shall be landscaped and screened with a TYPE C Buffer per Appendix B of Appendix B (Zoning Ordinance) of the City of Effingham Municipal Code except other material for the sight proof fence may be considered (chain link fence with slats is not considered sight proof) and the large trees may be omitted in lieu of small trees. The fence shall be eight (8) feet in height.

iii.

Preservation. Existing mature tree growth and natural topography on the site shall be preserved to the extent feasible; provided however, that vegetation that causes interference with the antennas or inhibits access to the equipment facility may be trimmed or removed with the prior written approval of the Building Official.

Lighting. The following lighting requirements shall apply to antenna array, attached WCF's and WCF's:

Artificial illumination. Antenna array, attached WCF's and WCF's shall not be artificially illuminated, directly or indirectly, except for:

Security and safety lighting of equipment facilities and support structures, provided that such lighting is shielded to keep light within the boundaries of the real property for which the TUP applies.

Such illumination required by the FAA or Illinois Department of Aeronautics.

Signage. Antenna array, attached WCF's and WCF's shall not display any signage, logos, decals, flags, symbols or any messages of a commercial or noncommercial nature, except for a single sign not greater than three (3) square feet in area containing provider identification and emergency telephone numbers.

Security Fencing. WCF's and support structures Security features for WCF's and support structures may be incorporated into the buffer, landscaping and screening requirements for the site with review and approval of the Building Official and/or City Council.

Radio Frequency Emissions/Sound. The FCC maintains jurisdiction over radio frequency (RF) emissions. WCF's shall comply with FCC standards, as amended from time to time. The permittee, upon the written request of the Building Official, shall provide evidence to the City of Effingham that the permittee's WCF is in compliance with said FCC standards governing RF emissions. TUP's shall not be denied on the basis of RF emissions. TUP applicants shall provide information with the application on the measurement of the effective radiated power of the facility and how this meets the FCC standards.

Structural Integrity. Support structures shall be constructed to the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antennas Towers and Antenna Support Structures" (or equivalent), as it may be updated and amended from time to time. Each support structure shall be capable of supporting multiple antenna arrays consistent with the requirements of Article 24A-9.

District #2 standards.

Height Standards.

The height of attached WCF's shall not exceed twenty (20) feet above the attachment structure.

ii.

The height of antenna array attached to support structures shall not exceed the maximum permitted height of the support structure.

iii.

The height of any attached WCF, antenna array, WCF or support structure shall not exceed one hundred (100) feet.

Setback Standards. Antenna arrays and attached WCF's are exempt from the setback provisions of the zone in which they are located. An attached WCF antenna array may extend up to thirty (30) inches horizontally beyond the edge of the attachment structure so long as the antenna array does not encroach upon an adjoining parcel, tract, or lot of real estate. All other WCF's shall meet the setback requirements for principal structures of the zones in which the WCF is located.

Landscaping, Buffer and Screening. The following landscaping and screening requirements shall apply to all WCF's:

ii.

iii.

Lighting. The following lighting requirements shall apply to antenna array, attached WCF's and WCF's:

Artificial illumination. Antenna array, attached WCF's and WCF's shall not be artificially illuminated, directly or indirectly, except for:

Such illumination required by the FAA or Illinois Department of Aeronautics.

Signage. Antenna array, attached WCF's and WCF's shall not display any signage, logos, decals, flags, symbols or any messages of a commercial or noncommercial nature, except for a single sign not greater than three (3) square feet in area and displayed not greater than eight (8) feet in height containing provider identification and emergency telephone numbers.

Security Fencing. Security features may be incorporated into the buffer, landscaping and screening requirements for the site as provided for in the Landscaping, Buffer and Screening requirements in this Section.

Radio Frequency Emissions and Noise. The FCC maintains jurisdiction over radio frequency (RF) emissions. WCF's shall comply with FCC standards, as amended from time to time. The permittee, upon the written request of the Building Official, shall provide evidence to the City of Effingham that the permittee's WCF is in compliance with said FCC standards governing RF emissions. TUP's shall not be denied on the basis of RF emissions. TUP applicants shall provide information with the application on the measurement of the effective radiated power of the facility and how this meets the FCC standards. The TUP applicant shall conduct noise analysis of the proposed WCF, attached WCF or antenna array and demonstrate to the plan commission that noise emissions from the WCF, attached WCF, or antenna array shall comply with the provisions of the Title VI, of the Illinois Environmental Protection Act, 415 ILCS 5/23 et seq., and the rules and regulations promulgated pursuant thereto by the Illinois Pollution Control Board.

Structural Integrity. WCF's with Support Structures shall be constructed to the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Support Structures" (or equivalent), as it may be updated and amended. Each support structure shall be capable of supporting multiple antenna arrays consistent with the requirements of Article 24A-9.

Demonstration of Inadequacy of District #1 and District #3 Locations. No TUP for real estate in District #2 shall be granted to a TUP applicant unless the TUP applicant demonstrates that the locations in District #1 and District #3 will not provide for functionally equivalent service.

10.

Compliance with Collocation. No TUP for real estate in District #2 shall be granted to a TUP applicant unless the TUP applicant provides substantial evidence demonstrating that the TUP applicant has made good faith, reasonable effort to comply with Article 24A-9, but that despite such effort, has been unable to comply with Article 24A-9.

Temporary WCF's. Temporary WCF's may be allowed by the Building Official for a period not to exceed ninety (90) days by obtaining a temporary TUP by filing a temporary TUP application in that form as contained in TABLE B of this Article 24A.

(Ord. No. 027-2023, § III, 5-16-2023)

24A-9. Collocation.

As a condition precedent to the issuance and continuation of a TUP for District #2 or District #3, the TUP applicant shall:

Provide detailed engineering plans, certified by a professional engineer, showing that the WCF and/or support structure requested pursuant to the TUP application shall be engineered, designed and constructed to be capable of allowing the collocation of at least three (3) other TUP applicants; and

Agree to reasonably accommodate the future collocation of at least three (3) antenna arrays, WCF's or attached WCF's.

A TUP shall not be granted to a TUP applicant unless the TUP applicant demonstrates that it has made a reasonable, good faith effort to locate its WCF, attached WCF or antenna array in District #1 and District #3. Competitive conflict and financial burden shall be presumed not to be an excuse to collocation.

In the case of a TUP applicant, failure to comply with the provisions of this section shall be grounds for denial of the TUP application. In the case of a TUP granted under this Article 24A, failure to comply with the provisions of this section shall be deemed a violation Article 24A, and the permittee shall be penalized in accordance with Article 24A-12.

(Ord. No. 027-2023, § III, 5-16-2023)

24A-10. Nonconforming and Abandoned WCF's. Antenna array, attached WCF's, and WCF's in existence on the effective date of this Article 24A which do not comply with the requirements of this Article 24A (hereinafter referred to as "nonconforming WCF") are subject to the following provisions:

Expansion. Nonconforming WCF's may continue to be used for that purpose existing as of the effective date of this Article 24A now used, but neither the use nor size, nor the height, nor the physical structure, nor the number of antenna arrays of the WCF may be increased, renewed, or expanded without complying with this Article 24A.

Repairs or reconstruction. Nonconforming WCF's which are damaged due to any reason or cause, may be repaired and restored to its former use, location, and physical dimensions; provided, however, that:

The nonconforming WCF may not (i) be expanded, (ii) have its height increased, (iii) increase the number or size of antenna array, or (iv) otherwise increase its size or use.

If the damage to the nonconforming WCF exceeds fifty (50) percent of its replacement cost, said nonconforming WCF shall not be reconstructed or repaired.

Reserved

Abandonment. Any WCF not in use for the transmission of wireless communications for a period of one hundred eighty (180) consecutive days shall be deemed abandoned and all rights conferred by this Article 24A as a nonconforming WCF, or rights conferred by a TUP shall terminate and cease, and the abandoned WCF shall not be placed in service or otherwise used, and the abandoned WCF shall be removed within ninety (90) days after written notice from the City of Effingham to remove the abandoned WCF. If the abandoned WCF is not removed within ninety (90) days, the City of Effingham may, at its election, enter on to the real estate in which the abandoned WCF is located, and remove same and recover the costs of removal from the owner. If the owner of an abandoned WCF cannot be located at its address as indicated on the TUP application, or is no longer in business, compliance with this section, including but not limited to payment of the cost of removal of the abandoned WCF shall be the responsibility of the landowner on whose real estate the abandoned WCF is located.

(Ord. No. 027-2023, § III, 5-16-2023)

24A-11. Revocation of TUP's. All TUP's issued pursuant to this Article 24A shall be revocable pursuant to this section.

Upon discovery of a violation of this Article 24A, the Building Official shall serve a notice of violations on the permittee by mailing such written notice by certified mail, return receipt requested to the permittee's address shown on the TUP. The notice of violation shall identify the permittee, the TUP, the nature of the violation, the date of discovery of the violation, that the permittee's TUP may be revoked for such violation, and setting an administrative hearing date for administrative review of the violation. The date set for the administrative hearing shall be not earlier than fifteen (15) days and not later than thirty (30) days from the date of the notice. The permittee shall be entitled to continue the administrative hearing date for good cause for a period not to exceed fifteen (15) days. At said administrative hearing, the permittee may:

Admit the violation and enter into a written corrective action plan with the Building Official. Such corrective action plan shall (i) be in writing (ii) signed by the Building Official and a duly authorized representative of the permittee, (iii) identify the violation, and (iv) provide for the method of curing of the violation within a period not to exceed thirty (30) days from the date of the corrective action plan.

Deny the violation.

In the event the permittee denies the violation, or fails to cure the violation as provided for in the corrective action plan, the City of Effingham may file suit against the permittee in the Effingham County Circuit Court for injunctive relief to enforce the corrective action plan, or to enforce this Article 24A and impose a penalty upon the permittee in accordance with Section 24A-12. If the permittee fails to appear at the administrative hearing, the permittee will be deemed to have admitted the violation, and the TUP shall be immediately revoked, and the City of Effingham may proceed to file suit against the permittee for injunctive and other relief in accordance with Article 24A-10.

(Ord. No. 027-2023, § III, 5-16-2023)

24A-12. Penalty. Violation of this Article 24A shall be deemed a civil ordinance violation and shall be punishable as follows:

Revocation of the TUP; and

A fine of one thousand dollars ($1,000.00) per day for each day that the violation exists or continues to exist after notification of violation.

The City of Effingham may file suit against the permittee in a court of competent jurisdiction for declaratory or injunctive relief.

(Ord. No. 027-2023, § III, 5-16-2023)

24A-13. Appeals. In the event that a permittee or TUP applicant desires to appeal the decision of the Building Official made pursuant to this Article 24A, the permittee or TUP applicant shall file a written petition appealing such decision to the Zoning Board of Appeals. Said petition of appeal shall be clear, state the decision being appealed, and the basis for the appeal. The Zoning Board of Appeals shall conduct a hearing on said petition of appeal within thirty (30) days of the filing of the petition, and shall render a written decision within thirty (30) days after such hearing. The written decision of the Zoning Board of Appeals shall be considered a final administrative order. Decisions rendered by the City of Effingham pursuant to this Article 24A shall be deemed a final administrative order upon issuance.

(Ord. No. 027-2023, § III, 5-16-2023)

24A-14. Miscellaneous.

Severability and Infectious Invalidity. In the event a court of competent jurisdiction declares any particular provision of this Article 24A to be invalid or unenforceable, the remaining provisions of this Article 24A shall be construed to be valid and enforceable.

Titles of Paragraphs. Titles of several paragraphs, sections or articles of this Article 24A are inserted for convenience of reference only and shall be disregarded in construing or interpreting any provision hereof.

Notices. Notices required to be sent to the City of Effingham by this Article 24A shall be in writing and shall be served by certified mail, return receipt requested to the City of Effingham, c/o Building Official, 201 East Jefferson Avenue, Effingham, Illinois 62401.

Non-waiver. Any delay by the City of Effingham in enforcing any of its rights or remedies under this Article 24A shall not constitute a waiver of such right or remedy.

Cumulative rights. Any and all of the City of Effingham's rights and remedies under this Article 24A shall be cumulative, and the exercise or non-exercise of any one or more rights or remedies shall not preclude the City of Effingham from subsequently exercising such rights or remedies.