This article shall be known as the "Personal Wireless Service Facility (PWSF), Telecommunications Towers and Personal Wind Towers or Any Device to Generate Electricity or Any Power Generating Source," hereinafter referred to as "facilities."

(Code 2008, § 17.1210; Ord. No. 09-15, § I(17.1210), 11-2-2009)

The primary intent of this article is to regulate facilities to be located within the city. This article is not intended to, nor does it apply to, amateur radio communications and amateur radio antennas. Therefore, the purpose of this article shall be to:

(1)

Comply with all federal and state regulations regarding the placement, use, and maintenance of facilities.

(2)

Encourage the continued improvement of facility service in the city.

(3)

Minimize, to the extent permitted by law, the proliferation of visual and safety impacts of facilities throughout the city.

(4)

Promote both proper maintenance and renovation of facilities.

(5)

Encourage the use of co-location of facilities by multiple providers so as to reduce the number of facilities needed within the city.

(6)

Recognize the commercial communication requirements of all sectors of the business and residential community.

(Code 2008, § 17.1220; Ord. No. 09-15, § I(17.1220), 11-2-2009)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ANSI means the American National Standards Institute, a non-profit, privately funded membership organization that coordinates the development of U.S. voluntary national standards.

Above ground level (AGL) means the actual height of the facility from the sidewalk level or equivalent established grade to the highest part of the mount or the antenna, whichever is higher.

Alternative tower structure means and includes, but is not limited to, manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of commercial communications towers and antennas.

Antenna means a whip (omni-directional antenna), panel (direction antenna), disc (parabolic antenna), or similar device used for transmission and/or reception of radio frequency signals.

Antenna array means an antenna array is one or more whips, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antennas (whips), directional antennas (panels), and parabolic antennas (discs). The term "antenna array" does not include the mount as defined herein.

Applicant means a person or entity with an application before the city planning and zoning commission for a permit for a facility.

Avoidance sites means floodprone areas, as mapped by the Federal Emergency Management Agency on a flood insurance rate map. Wetlands, water bodies, and watercourses, as mapped by the state department of natural resources. Visual and community entrance corridors, including any location within 250 feet of the following arterial roads: Business Route 24 and Route 117 - R-1, and R-2 zoning districts, except in the case of public property.

Camouflage means a way of painting and mounting a facility that requires minimal changes to the host structure in order to accommodate the facility.

Carrier means a company licensed by the Federal Communications Commission (FCC) that provides facility services. For purposes of this article, a tower builder shall not be considered a carrier.

Cell site means a generic term for a PWSF.

Cellular. A cellular telephone is a system providing portable telephone service to specific subscribers. A cellular telephone may also be referred to as a wireless telephone.

Co-applicant means any person and/or entity joining with an applicant in an application for a permit for a facility, including the owner of the facility, owner of the subject property, and any proposed tenant for the facility.

Co-location means the use of a common tower or structure by two or more wireless license holders or by one wireless license holder for more than one type of communications technology for purposes of maintaining two or more facilities.

Commercial communications antenna means any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omni-directional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This includes any mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.

Commercial communications tower means any device used for the transmission or reception of television, radio or communications tower which is not a facility designed or used for the provision of personal wireless services, as defined by section 704 of the Telecommunications Act of 1996. Commercial communications towers do not include amateur radio/citizens radio antennas, which shall meet the requirements of article III of this chapter.

Commercial mobile radio services (CMRS) means, per section 704 of the Telecommunications Act of 1996, any of several technologies using radio signals at various frequencies to send and receive voice, data, and video. According to the FCC, these services are "functionally equivalent services." Section 704 of the Telecommunications Act prohibits unreasonable discrimination among functionally equivalent services.

Conceal means to enclose a facility within a natural or manmade feature resulting in the facility being either invisible or made part of the feature enclosing it.

Design means the appearance of the facility such as their materials, colors, and shape.

Disguise means to design a facility to appear to be something other than a facility.

Enhanced specialized mobile radio (ESMR) means private land mobile radio with telephone services.

Equipment cabinet/equipment shelter means an enclosed structure at the base of the mount within which are housed the cabinet or equipment for the facility such as batteries and electrical equipment. Information shall be provided detailing the contents of the proposed equipment shelter servicing the proposed facility. The information shall include, but not be limited to, the type and quantity of oil, gasoline, batteries, propane, natural gas or any other fuel stored within the shelter. Information shall also be submitted which demonstrates that any hazardous materials stored on site, including, but not limited to, fuel sources shall be housed to minimize the potential for any adverse impact on adjacent land uses. "Materials safety data sheets" for any hazardous material stored or utilized in the equipment shelter shall be submitted to the municipality. The use of fuels and hazardous materials shall also be consistent with any municipal requirements regarding the same.

Fall zone means the area on the ground within a prescribed radius from the base of a facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material. The fall zone shall be determined by the applicant's engineer and reviewed by the municipal engineer. Towers shall be 110 percent of the overall height of the tower from any property line.

(1)

Self-supportive lattice towers. For a self-supportive lattice tower it is a one-third and two-third of design. Example: 195-foot self-supportive tower. Tower is designed to collapse at the north leg at approximately 65 feet at grade level. The remaining tower above 65 feet at grade level falls 130 feet out. Thus the tower would fall approximately up to 130 feet away from the centerline of the tower.

(2)

Guyed lattice towers typically fail at the guy wire anchoring system, and in this case, these fall like a tree. The height of the tower is the collapse zone for this type of structure. To ensure safety, add ten percent of the overall height to the calculation and no development should happen within this area. Example: a tower 300 feet above grade level with failure on a set of guy wires will fall in the opposite direction. Add ten percent equals to 30 feet total collapse zone: 330-foot radius.

(3)

Monopole towers are steel cylinder welded or molded to a base plate that is bolted to a concrete foundation. In high winds, ice loading and overloading of the structure itself with antennas and equipment, the failure typically happens at the joint at the ground level and base plate. Example: 150-foot monopole falls, it will fall at the base and thus the danger area would be 150 feet in a radius from the base. A factor of safety of ten percent is typically added for safety. In this example, the overall collapse area is 150 feet plus 15 feet equals 165 feet.

Federal Communications Commission (FCC) means an independent federal agency charged with licensing and regulating wireless communications at the national level.

Functionally equivalent services means cellular, enhanced specialized mobile radio, specialized mobile radio, and paging. Section 704 of the Telecommunications Act prohibits unreasonable discrimination among functionally equivalent services.

Guyed tower means a monopole or lattice tower that is anchored to the ground or to another surface by diagonal cables.

Height of tower means the overall height of the tower or pole from the base of the tower to the highest point of the tower any facility, including, but not limited to, antennas, transmitters, satellite dishes, solar devices or any other structures affixed to or otherwise placed on the tower. If the base of the tower is not on ground level, the height of the tower shall include the base of the building or structure to which the tower is attached.

Lattice tower means a type of mount that is usually ground-mounted and self-supporting with multiple legs and cross-bracing of structural steel.

Licensed carrier means a company authorized by the FCC to construct and operate a commercial mobile radio services system. A licensed carrier must be identified for every PWSF application.

Location means the area where a facility is located or proposed to be located.

Microcell means any facility that is designed to generate lower power density than that limited by the FCC "Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation."

Mitigation means the reduction or elimination of visual impacts by the use of one or more methods:

(1)

Concealment.

(2)

Camouflage.

(3)

Disguise.

Modification means the changing of any portion of a facility from its description in a previously approved permit. The FCC definitions for the term "modification" are different from local government rules.

Monopole means a steel cylinder welded or molded to a base plate that is bolted to a concrete foundation. The mount is self-supporting with a single antenna or facility at the top and/or along the shaft.

Mount means the structure or surface upon which antennas are mounted.

Ground-mounted means mounted on the ground.

Roof-mounted means mounted on the roof of a building.

Side-mounted means mounted on the side of a building.

Personal means any personal wireless service defined in the Federal Telecommunications Act which includes FCC licensed commercial wireless telecommunications services.

Personal wind tower means any mechanical device used to generate power or store power for personal or commercial use.

Personal wireless service means any personal wireless service defined in the Federal Telecommunications Act which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging as well as unlicensed wireless services, and common carrier wireless exchange access services. The term "personal wireless service" shall hereinafter include facilities such as, but not limited to, antennas, mounts, equipment, personal wind towers, solar or any facility placed within the city receiving or sending a signal, and/or providing any other power source.

Personal wireless service facility (PWSF) means a facility for the transmission or reception of personal wireless services, as defined by section 704 of the Telecommunications Act of 1996. A PWSF includes any un-staffed facility for the transmission or reception of personal wireless services, usually consisting of an antenna array, transmission cables, equipment shelter, and a mount.

Power generating source means any device set on a foundation for use in a non-emergency situation to generate power larger than one-KWH.

Preferred sites means rooftops on any building other than single- and two-family dwellings. Utility poles, including telephone poles, utility distribution and transmission poles, street, and traffic signal poles. Other kinds of poles, including civil defense mounts, public field light standards, and private parking or storage lot light standards. Wooded areas where the height above ground level of the facility does not exceed the tree line by more than ten feet. Steeples on churches already having steeples or on newly constructed steeples.

Public property means a site or property owned or controlled by the City of Eureka, Unit 140 School Districts, Woodford County, Eureka District Library, Eureka Fire and Rescue Department, Olio and Cruger Township or any property owned by a public taxing body.

Public utility transmission tower means a structure, owned and operated by a public utility electric company regulated by the state utility commission, designed and used to support overhead electricity transmission lines.

Radio frequency (RF) engineer means someone with a background in electrical engineering or microwave engineering who specializes in the study of radio frequencies.

Radio frequency radiation (RFR) means the emissions from facilities that can, in excessive amounts, be harmful to humans. RF emissions are byproducts of the RF signal (RFR).

Radio frequency signal means the actual beam or radio waves sent and received by a PWSF. A signal is the deliberate product of a PWSF.

Security barrier means a locked, impenetrable wall, fence, or berm that completely seals an area from unauthorized entry or trespass.

Separation means the distance between one carrier's antenna array and another carrier's antenna array.

Short mounts means alternatives to monopoles or guyed and lattice towers, such as masts or poles. For example, two poles or three masts might be an alternative to one lattice tower.

Signal processing worksystem (SPW) provides the tools for interactive simulations, tests, and implementations for communication systems, and other systems such as digital signal processing (DSP) designs. Typical design applications include digital communication systems, image processing, multimedia, radar systems, control systems, digital audio, and high-definition television. Used for the design, implementation, and performance evaluation of digital communication systems.

Site means that portion of a subject property where a PWSF is to be placed. Any acceptable location may have several potential sites within it.

Siting means the method and form of placement of PWSF on a specific area of a subject property.

Standards means rules or measures by which acceptability is determined. Facilities are measured by visibility or safety. Wireless planning regulates facilities based on location (or where the facility's site can go), siting (or how the facility is placed within its setting), and design (or what the facility looks like).

Tower means any ground, roof, pole mounted, spire, antenna, antenna array, mount, structure, or combination thereof which exceeds 35 feet in height. The height of an antenna or antenna array shall not include the height of any existing structure or equipment constructed pursuant to a valid building permit.

Unlicensed wireless services means commercial mobile services that can operate on public domain frequencies and therefore need no FCC license for their sites.

Wireless communications means any form of signaling by wireless, including personal wireless services that require a transmitter, a receiver, and a path, sometimes straight, sometimes indirect, between them.

(Code 2008, § 17.1230; Ord. No. 09-15, § I(17.1230), 11-2-2009)

All facilities erected, constructed, or located within the city shall comply with the following requirements:

(1)

Proposals for a facility shall not be approved unless the planning and zoning commission finds that the facilities planned for the proposed site cannot be accommodated on an existing or approved tower or structure within a one-mile radius of the proposed facility due to one or more of the following reasons:

a.

The planned equipment, if installed, would exceed the structural capacity of any existing or approved towers or structures, as documented by a qualified licensed structural engineer, and all the existing and approved facilities cannot be reinforced, modified or replaced to accommodate the planned or equivalent equipment at a reasonable cost.

b.

The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at a tower or structure as documented by a qualified licensed professional engineer and interference cannot be prevented at a reasonable cost.

c.

Existing or approved facilities and the structures within a one-mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified licensed professional engineer.

d.

Other unforeseen reasons that make it unfeasible to locate the planned equipment on an existing or approved tower or structure.

e.

The planned equipment does not in the opinion of the planning and zoning commission create a safety hazard or unsightly appearance.

(2)

Any proposed facilities shall be designed, structurally, electrically, in all respects, to accommodate both the applicant's antenna and equipment and comparable antenna and equipment for at least two additional users if the tower is over 100 feet in height, or at least one additional user if the tower is from 60 to 100 feet in height. Towers must be designed to allow for future rearrangement of antennas upon a tower and to accept antennas mounted at varying heights.

(Code 2008, § 17.1240; Ord. No. 09-15, § I(17.1240), 11-2-2009)

(a)

A facility for which a permit has been issued prior to the effective date of the ordinance from which this article is derived shall be deemed a permitted use, subject to the conditions of that permit. When a facility for which no permit has been obtained (un-permitted facility) is identified by the city to be attached to a mount approved for another use or facility, the un-permitted facility must apply for a separate permit, even when:

(1)

Sharing a legal mount;

(2)

Already in operation; and

(3)

Duly licensed by the Federal Communications Commission.

The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this section. Un-permitted facilities will be considered out of compliance with this section and subject to abatement.

(b)

Any facility or mount hereafter damaged or destroyed due to any reason or cause whatsoever may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this section unless the cost of repairing the facility or mount to its former use, physical dimensions, and location would be 50 percent or more of the cost of a new mount of like kind and quality, then the mount may not be repaired or replaced, except in full compliance with this code.

(c)

Placement of an attached array or a micro cell on a legally non-conforming structure shall not be considered an expansion of the non-conforming structure. However, placement of any attached array, micro cell, or any other portions of a facility on an existing structure, whether legally nonconforming or in, as well as out of, compliance, shall require a permit to be obtained for the facility under the terms of this code.

(d)

Un-permitted facilities, mounts or equipment ineligible for co-location. No issuance of any permit under this section shall occur for a request to co-locate, attach, or share an existing facility's site, mount, or facility, when such existing site, mount, or facility is found to have one or more facilities without permits required by the city.

(Code 2008, § 17.1250; Ord. No. 09-15, § I(17.1250), 11-2-2009)

Notwithstanding anything in the zoning code to the contrary, facilities shall be a permitted use or a special use in all zoning districts, provided that such facilities comply with the standards of this section and the permits under which facilities are regulated.

(Code 2008, § 17.1260; Ord. No. 09-15, § I(17.1260), 11-2-2009)

(a)

Permit requirement. It shall be unlawful for any person, firm, or corporation to erect, construct, place or re-erect, replace, or repair any CMRF (commercial mobile radio frequency), including the listed facilities without first making application to the city and securing a permit. Permits shall be issued to the owner of the property on which the tower is located.

(b)

Tower permit application. The applicable property owner shall submit an application for a tower permit to the planning and zoning commission. The application shall be on forms provided by the planning and zoning commission and shall include the following information:

(1)

The name, address, telephone number, and original signature of the property owner.

(2)

A site plan, drawn at a scale that produces a clearly legible drawing, showing:

a.

Scale and north arrow.

b.

The parcel boundaries, including the length and bearings of the boundaries.

c.

The tax parcel number.

d.

Tower location.

e.

Tower support facilities location.

f.

Location of tower support facilities in relation to all property lines or leased parcel boundaries and edge of all public rights-of-way.

g.

Access points.

h.

Location of all buildings within a distance at least equal to the height of the proposed tower plus 100 feet from the center of the proposed tower.

i.

Scale drawings of two elevation views of all proposed tower support facilities.

j.

Show any lighting with wattage.

(3)

A lease agreement, in the case of a leased site. Additionally, the lease agreement shall show that the tower owner may enter into agreement with competing providers for antenna space on the tower.

(4)

An alternative analysis that identifies all feasible alternative locations and alternative support structures that could provide the proposed service. The purpose of the alternative analysis is to seek alternative solutions in order to minimize the number of towers by using existing towers and alternative support structures, if feasible, to provide the needed services to the city. The analysis shall address the potential for co-location of antennas. It shall explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. It shall also explain the rationale for not utilizing co-location opportunities.

(5)

A report prepared by an engineer certifying to the adequacy of the structural strength of the tower and/or its ability to accommodate additional antennas.

(6)

An affidavit that commits the applicant to making available space on the proposed tower for at least four providers, even for those providers providing competing services if a commercial tower.

(7)

Calculations for fall zone radius for tower proposed.

(8)

Residential towers or structures for personal use are exempt from subsections (b)(3) through (6) of this section.

1.

Required written opinion from property owners adjacent to property where permit is being requested.

2.

Drawing of proposed construction must be distributed to adjacent land owners.

(9)

The planning and zoning commission may accept, deny or modify any permit application.

(c)

Technical review. After determining that all application materials have been satisfactorily submitted, the planning and zoning commission shall review the submitted materials. The commission shall have the authority to request an outside consultant to review the plans. The applicant shall pay all the costs of such review.

(d)

Permit for towers not exceeding 200 feet in height. The planning and zoning commission shall grant preliminary approval of a tower permit if the planning and zoning commission determines that a need for a new tower has been demonstrated. Supporting evidence of need for a new tower shall consist of any of the following situations:

(1)

That no existing suitable towers or alternative support structures are located within the geographic area required to meet the applicant's engineering requirements.

(2)

That the applicant's proposed system would cause electromagnetic interference with the system on an existing tower or alternative support structure, or that an existing system would cause electromagnetic interference with the applicant's proposed system.

(3)

That the fees, cost, or contractual provisions required by the applicant to share an existing tower or to use an alternative support structure or to adapt an existing tower or alternative support structure for sharing are unreasonable.

(4)

That the applicant demonstrates that existing towers or alternative support structures are unsuitable because of other limiting factors.

(e)

Permit grant for towers exceeding 200 feet in height. The planning and zoning commission shall determine the granting or denial of a tower permit for such towers. The following information shall be submitted in addition to the requirements under the permit process and procedure.

(1)

Before determination, the planning and zoning commission shall conduct a public hearing. Notice of such public hearing shall be given by publishing in a locally distributed newspaper. The notice shall specify the time and place of such hearing.

(2)

That a need for a new tower has been demonstrated. Supporting evidence of need for a new tower shall consist of any of the following situations:

a.

That no existing suitable towers or alternative support structures are located within the geographic area required to meet the applicant's engineering requirements.

b.

That the applicant's proposed system would cause electromagnetic interference with the system on an existing tower or alternative support structure, or that an existing system would cause electromagnetic interference with the applicant's proposed system.

c.

That the fees, cost, or contractual provisions required by the applicant to share an existing tower or to use an alternative support structure or to adapt an existing tower or alternative support structure for sharing are unreasonable. Costs are considered unreasonable if they do not conform to contractual term standard in the industry.

d.

That the applicant demonstrates that existing towers or alternative support structures are unsuitable because of other limiting factors.

e.

That the requirements of section 78-743 are met.

(3)

The planning and zoning commission may attach to the tower permit such conditions as necessary to further the purpose of this chapter.

(4)

Submittals required following preliminary approval. The applicant shall submit the following before a tower permit will be issued:

a.

A copy of a determination of no hazard to air navigation from the Federal Aviation Administration.

b.

A statement of non-objection from the state bureau of aeronautics.

c.

Proof of a performance bond as security for removal.

(f)

Tower permit expiration. Tower permits shall expire one year after issuance if the tower for which the permit was issued is not constructed and actively energized and operating. Failure to complete construction before permit expiration shall require submittal of a new application for a tower permit or removal of the telecommunications tower as specified in this article.

(g)

Permit for facility support services.

(1)

If the application for a tower permit includes provisions for tower support facilities, the tower permit shall also extend to the associated tower support facilities, provided they comply with all applicable provisions of this chapter.

(2)

If tower support facilities are proposed subsequent to construction of the associated tower, a permit shall be required for the proposed tower support. Application for such permit shall include all applicable information as requested by the planning and zoning commission. A permit shall be issued for the associated tower support facilities, provided they comply with all applicable provisions of this chapter.

(Code 2008, § 17.1270; Ord. No. 09-15, § I(17.1270), 11-2-2009)

(a)

Preferred sites. The listed preferred sites shall be considered as preferred by the city and used by the applicants in seeking to erect a facility in the city shall make a good faith effort to locate the equipment at a preferred site. Prior to making application to erect a facility at a site other than a preferred site, the applicant shall discuss potential sites with the city administrator to determine whether any preferred sites are feasible. The application to erect a facility at a site other than a preferred site shall include a signed affidavit from the applicant indicating that no preferred sites are feasible for this proposed facility. If the city administrator recommended specific preferred sites, the affidavit shall set forth all reasons that each preferred site proposed by the city administrator is not feasible. Preferred sites shall mean the following:

(1)

Rooftops on any building other than single- and two-family dwellings.

(2)

Utility poles, including telephone poles, utility distribution and transmission poles, street, and traffic signal poles.

(3)

Other kinds of poles, including civil defense mounts, public field light standards, and private parking or storage lot light standards.

(4)

Wooded areas where the height above ground level of the PWSF does not exceed the tree line by more than ten feet.

(5)

Steeples on churches already having steeples or on newly constructed steeples.

(6)

On public property as defined in section 78-738.

(7)

In I industrial zoning districts.

(b)

Avoidance sites. A facility shall not be located in an avoidance site unless the applicant can demonstrate that this regulation "has the effect of prohibiting service" as that term is defined in the Telecommunications Act of 1996. The term "avoidance sites" means the following:

(1)

Floodprone areas, as mapped by the Federal Emergency Management Agency on a flood insurance rate map. Wetlands, water bodies, and watercourses, as mapped by the state department of natural resources.

(2)

Visual and community entrance corridors, including any location within 250 feet of the following arterial roads: Business Route 24 and Route 117, R-1, and R-2 zoning districts, except in the case of public property.

(3)

Prohibited sites. No tower with a height exceeding 35 feet above ground level shall be permitted in the area bounded by the point furthest north, south, east or west of the corporate city limits.

(4)

Use or lease of property for facilities shall not be subject to the requirements of the subdivision code. A plat of survey shall accompany permit applications where the applicant proposes to lease the property.

(5)

For purposes of determining whether the application complies with zoning district development regulations, the dimensions of the entire lot shall control.

(c)

Siting standards. Facilities shall meet the following siting standards:

(1)

To the greatest extent possible, facilities shall be concealed within existing structures or located where camouflaged conditions surround them, or located on inconspicuous mounts.

(2)

Wherever possible, facilities shall be placed within trees, but no antenna should extend higher than ten feet above the average tree height.

(3)

Placement on existing roofs or non-wireless structures shall be favored over ground-mounted facilities.

(4)

Wherever possible, roof-mounted facilities shall not project more than ten additional feet above the height of a legal building with a maximum of 35 feet combined height.

(5)

Wherever possible, side-mounted facilities shall not project more than 20 inches from the face of the mounting structure.

(d)

Design standards.

(1)

Color. All facilities shall be painted or be complementary with trees, sky and other surroundings.

(2)

Size. The silhouette of the facilities shall be reduced to minimize visual impact.

(3)

Facilities near residences shall either:

a.

Provide underground vaults for equipment shelters; or

b.

Place equipment shelters within enclosed structures.

(4)

Equipment. The following types of equipment are discouraged and may not be utilized unless the applicant demonstrates that this regulation has the "effect of prohibiting service" as that term is defined in the Telecommunications Act of 1996:

a.

Roof-mounted monopoles, lattice towers, or guyed towers;

b.

Ground-mounted lattice towers; and

c.

Ground-mounted guyed towers.

(5)

Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot-resistant substances.

(6)

Height of facilities shall be kept to a minimum and shall not exceed 35 feet above ground level unless the applicant obtains a variance of height in addition to any required special use permit.

(e)

Safety standards. Facilities shall meet the following safety standards:

(1)

All facilities shall comply with tornado design standards as contained in the city building code or EIA-TIA 222 Energy Information Administration (EIA) Federal Energy Management Program (FEMP) (structural standard for antenna supporting structures and antennas) (latest version), whichever is stricter.

(2)

Roof mounts on buildings shall have railings to protect workers.

(3)

All transmission cables and cable trays deployed horizontally above the ground between a mount and a structure, or between mounts, shall be at least eight feet above the ground at all points.

(4)

All construction of facilities shall be in compliance with the National Electrical Code.

(Code 2008, § 17.1280; Ord. No. 09-15, § I(17.1280), 11-2-2009)

(a)

Fall zone. No facilities shall be located any closer to a habitable structure or outdoor area where people congregate than its fall zone. For purposes of this section, the fall zone shall be 110 percent of the height of the facilities.

(b)

Setback.

(1)

All facilities including mounts and equipment shelters shall comply with the minimum building and landscape/screening setback requirements of the applicable zoning district as set forth in the city zoning code; provided, however, that the following setbacks apply to the height of the tower above ground level or, if the tower is attached to a building, the height from the point of attachment:

a.

At a preferred site, no facility shall be set back a distance less than its height, unless the applicant provides an affidavit from a professional engineer that the facility is designed to break at a point no lower than the midpoint of the facility, in which case the tower shall be set back a distance not less than half its height.

b.

At any site except a preferred site, no facility shall be set back a distance less than its height.

c.

No facility shall be set back a distance less than its height from the nearest overhead electrical power line which serves more than one dwelling or place of business.

(2)

Structural elements such as peripheral anchors, guy wires, or other supporting devices shall be located no closer than ten feet from any property line.

(3)

The antenna array for an attached facility is exempt from the setback requirements of this code and from the setback requirements for the zoning district in which they are located, provided that no such antenna array shall extend more than five feet horizontally from the attachment structure at the point of attachment.

(4)

On parcels with a principal building housing a principal use, all components of the facility shall be located behind the rear building line.

(Code 2008, § 17.1290; Ord. No. 09-15, § I(17.1290), 11-2-2009)

The city shall charge reasonable fees to evaluate applications. Such fees shall include, but shall not be limited to, the following:

(1)

Application fee. The basic application fee shall be $500.00.

(2)

Special fee. The city may retain independent technical consultants and experts as it deems necessary to properly evaluate applications for individual facilities. The fee shall include, but shall not be limited to, the hourly rate of the independent technical consultant or expert the city deems necessary to properly evaluate applications for facilities.

(3)

Other fee. Any other fee imposed under the provisions of this code.

(Code 2008, § 17.1300; Ord. No. 09-15, § I(17.1300), 11-2-2009)

(a)

In addition to the application requirements listed in section 78-742, a facility which exceeds 35 feet, the applicant must demonstrate that no existing tower or other structure can accommodate the applicant's proposed facility by providing a written statement from an Illinois-licensed engineer certifying that the applicant will be prohibited from providing services unless the proposed facility is constructed. The application must also demonstrate that the fees, costs, or contractual provisions imposed by the owner of the structure in order to share an existing tower or other mount or to adapt an existing tower or other mount for sharing are unreasonable, based on market information provided with the application. Costs exceeding new tower development are presumed to be unreasonable. In addition, applications shall contain the following information:

(1)

A report from a qualified Illinois-licensed professional engineer, including:

a.

Written findings evidencing compliance with each provision of this Code as well as the applicable zoning regulations;

b.

Description of the tower height and design, including a cross section in elevation;

c.

Height above ground level for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;

d.

Description of the facility's capacity, including the number and type of facility that it can accommodate;

e.

Documentation of the steps the applicant will take to avoid interference with established public safety telecommunications;

f.

Engineer's stamp and registration number; and

g.

Other information as necessary to evaluate the request.

(2)

Architectural drawings depicting the constructed facility with camouflaging treatment set in the surrounding area. These drawings shall include a perspective from each of the north, south, east and west.

(3)

An overhead map of the city showing the subject facility's location as well as the location of each of the applicant's existing and planned future tower sites.

(4)

An agreement committing the facility's owner and his successors to allow the shared use of the facility if an additional user agrees in writing to meet reasonable terms and conditions for shared use. For purposes of this requirement, the applicant shall sign an agreement available at the office of the city. A copy of this agreement shall be presented for recording by the county recorder of deeds.

(5)

A certificate of liability insurance demonstrating minimum liability coverage of $2,000,000.00 per accident.

(6)

Before the issuance of a building permit, the following supplemental information shall be provided:

a.

A statement demonstrating that the proposed facility complies with regulations administered by the Federal Aviation Administration;

b.

A statement demonstrating that the proposed facility complies with the emission standards promulgated by the Federal Communications Commission; and

c.

Report from a qualified Illinois licensed professional engineer that demonstrates the tower's compliance with all other applicable structural and electrical standards.

(b)

Each application for a facility shall also contain at least two alternative proposals for the facility proposed in the application. The alternatives need not be totally different from the proposed facility; however, the alternatives should contain measurable differences, such as:

(1)

Height. An alternative can be identical to the proposed facility except to be for a shorter height.

(2)

Number. An alternative could be for two or more facilities that are shorter than the proposed facility.

(3)

Location. An alternative could be located on a different property than the proposed facility.

(4)

Siting. An alternative could be in a different place on the same property as the proposed facility.

(5)

Design. An alternative could be of the same height, location, and siting as the proposed facility, but be designed to appear differently.

(c)

Submittal requirements for alternatives. The materials submitted for each alternative should show only the differences between each of the alternatives and the proposed facility.

(d)

Comparison of proposed facility and alternatives. The city administrator shall compare the proposed facility to the alternatives on the basis of the standards of sections 78-539 and 78-743. The city administrator shall submit each application and the alternatives to the planning and zoning commission for review. The planning and zoning commission shall consider the alternatives along with the proposed facility.

(Code 2008, § 17.1310; Ord. No. 09-15, § I(17.1310), 11-2-2009)

All modifications to facilities must be reviewed and approved by the city.

(1)

Types of modification. A modification of a facility is any of the following:

a.

Change of ownership of the facility or of the subject property.

b.

Change in technology used for the facility such as an "overlay."

c.

Addition or replacement of any equipment in the facility, excluding direct, like-for-like substitutions.

d.

Change in design of the facility.

e.

Addition to any facility for the purposes of co-location.

(2)

Application. Applicants for modifications shall submit an application to the city for a modified facility. The application shall be reviewed in the same manner as any application for a facility.

(Code 2008, § 17.1320; Ord. No. 09-15, § I(17.1320), 11-2-2009)

(a)

Registry. Each carrier maintaining at least one facility shall file the following information with the city by December 31 on an annual basis:

(1)

Owner/lessee/intermediary/agent and carrier at each facility site in the city.

(2)

Location by address and parcel number.

(3)

Co-location status and capability, including if a former co-location has been removed.

(4)

A certificate of liability insurance demonstrating minimum liability coverage of $2,000,000.00 per accident.

(5)

$2,000,000.00 performance bond for the total amount of the construction.

(b)

Abandonment and removal. Any facility that is not operated for a continuous period of 18 months shall be considered abandoned, and the owner of such facility and the owner of the property upon which the facility is located shall remove same within 90 days of notice from the city that the facility is abandoned. If such facility is not removed within said 90 days, the city may have the facility removed at the facility owner's or the property owner's expense.

(Code 2008, § 17.1330; Ord. No. 09-15, § I(17.1330), 11-2-2009)

(a)

A statement certifying that, as proposed, the entire combined facility will comply with the current FCC rules and guidelines concerning human exposure to radio frequency radiation emissions shall be provided at the time of building permit application or when a request is made by the city.

(b)

No contravention of FCC guidelines. A facility that meets the FCC guidelines shall not be conditioned or denied on the basis of radio frequency impacts.

(Code 2008, § 17.1340; Ord. No. 09-15, § I(17.1340), 11-2-2009)

(a)

It shall be unlawful to erect, construct, place, re-erect, replace or repair any commercial communications facility without first making application to the city and securing a permit to do so.

(b)

All applications to erect, construct, place, re-erect, replace or repair a facility shall be subject to all the rules and regulations outlined in this code.

(Code 2008, § 17.1350; Ord. No. 09-15, § I(17.1350), 11-2-2009)

(a)

Lighting. A facility shall not be artificially lighted, except for:

(1)

Security and safety lighting of equipment buildings if such lighting is appropriately down-shielded to keep light within the boundaries of the site; and

(2)

Such lighting of the facility as may be required by the FCC, Federal Aviation Administration (FAA), or other applicable authority installed in a manner to minimize impacts on adjacent residences. "Dual lighting" (red at night/strobe during day) shall be utilized unless otherwise recommended by FAA guidelines.

(b)

Security barriers. A security barrier shall be required around the perimeter of the mounts or equipment structure, and any anchor points. In the case of a roof-mounted facility, the security barrier need only be around the antenna. The security barrier shall be maintained by the operator of the facility or mount for the life of the installation No security barrier is needed around side-mounted facilities, but distances from windows and balconies should conform to subsection (c)(2) of this section.

(c)

Security barriers for certain populations. The security barriers around all facilities shall be reviewed by the SPW (signal processing work system) and found to be acceptable for:

(1)

Controlled population. Those persons who are trained in procedures for working near or around radio frequency radiation.

(2)

General population. All other persons, some of whom have no concept of what radio frequency radiation is or how it can cause harm. Members of the general population should not be allowed nearer than 35 to 45 feet to the nearest part of an antenna.

(Code 2008, § 17.1360; Ord. No. 09-15, § I(17.1360), 11-2-2009)

No signage shall be permitted on any facility other than that required for public safety purposes or by the FCC or FAA, except that each facility shall have a weather-proof plaque mounted at eye level identifying the carrier, frequency, and date of permit approval.

(Code 2008, § 17.1370; Ord. No. 09-15, § I(17.1370), 11-2-2009)

(a)

Natural vegetation. Existing natural vegetation shall be undisturbed to the greatest extent practicable.

(b)

Landscaping. Landscaping of disturbed areas of the facility's site and security barriers shall be required as follows:

(1)

At least one row of evergreen shrubs capable of forming a continuous hedge at least five feet in height within two years of planting shall be spaced not more than five feet apart within 15 feet of the site boundary.

(2)

At least one row of evergreen trees or shrubs, at least four feet in height when planted and spaced not more than 15 feet apart, located interior to the perimeter of the shrubs required in subsection (b)(1) of this section.

(3)

For ground mounts greater than 200 feet tall, at least one row of deciduous trees, not less than 1.5-inch diameter measured three feet above grade, and spaced not more than 20 feet apart, and located within the perimeter of the evergreen trees or shrubs as required in this section.

(4)

All security barriers for guy wire anchor points shall be screened from view by at least one row of evergreen shrubs spaced not more than five feet apart and capable of forming a continuous hedge at least five feet in height within two years of planting.

(5)

Existing vegetation, topography, walls and fences combined with shrubs, or other features may be substituted for the required buffers if the planning and zoning commission finds they:

a.

Achieve the same degree of screening as the required buffer; or

b.

Affect the stability, security, or maintenance of guy wires.

(6)

Landscaping materials shall be maintained by the operator of the facility for the life of the installation.

(c)

Waiver by the planning and zoning commission. The above standards may be waived by the planning and zoning commission for those property lines or site boundary lines of a proposed facility that are located adjacent to un-developable lands, for facility sites not in public view, or for facility sites located within areas designated for industrial land use by the city Comprehensive Plan.

(Code 2008, § 17.1380; Ord. No. 09-15, § I(17.1380), 11-2-2009)

(a)

Parking shall be provided for maintenance. The type and configuration of parking may be approved by the planning and zoning commission.

(b)

Private access. A copy shall be provided to the city zoning officer of any road maintenance agreement for any site accessed by private easement.

(Code 2008, § 17.1390; Ord. No. 09-15, § I(17.1390), 11-2-2009)

For facilities that exceed 125 feet, the applicant shall provide acknowledgment from the FAA that the proposed facility does not exceed obstruction standards.

(Code 2008, § 17.1400; Ord. No. 09-15, § I(17.1400), 11-2-2009)

Special use permits issued under the terms of this article shall be reviewed by the city planning and zoning commission every five years from the date of issuance for compliance with this article and any special terms or conditions of approval. Such permits are subject to suspension or revocation at any time if it is determined that the terms of the permit and any conditions contained therein, or any rules or regulations adopted by the state or federal government concerning the use of such facilities, are being violated.

(Code 2008, § 17.1410; Ord. No. 09-15, § I(17.1410), 11-2-2009)

(a)

No new or existing facilities shall interfere with public safety telecommunications.

(b)

All applications for new facilities shall be accompanied by an inter-modulation study that provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems.

(c)

An inter-modulation study shall also be submitted prior to the introduction of new services or new frequencies or changes in existing service. The city shall be notified by the service provider at least ten business days prior to the introduction of new services or new frequencies or changes in existing service and allow the city to monitor interference levels during the testing process for the inter-modulation study.

(d)

The city reserves the right to retain its own expert to study potential interference impacts. The cost of such an expert would be recovered under the provisions of this article.

(Code 2008, § 17.1420; Ord. No. 09-15, § I(17.1420), 11-2-2009)

No equipment shall be operated at a facility so as to produce noise in excess of the applicable noise standards under the city noise ordinance, except for emergency situations requiring the use of a back-up generator, where the noise standards may be exceeded on a temporary basis until such emergency has passed.

(Code 2008, § 17.1425; Ord. No. 09-15, § I(17.1425), 11-2-2009)