Galesburg City Zoning Code

WIRELESS COMMUNICATION

FACILITY TELECOMMUNICATIONS OVERLAY DISTRICTS

§ 152.090 PURPOSE.

(A) The city desires to encourage the orderly development of wireless communication technologies for the benefit of the city and its citizens.

(B) As a matter of public policy the city aims to encourage the delivery of new wireless technologies throughout the city while controlling the proliferation of communication towers. These development activities will promote and protect the health, safety, prosperity and general welfare of persons living in the city.

(C) Specifically, this Wireless Communication Facility Telecommunications Overlay Districts requirement is designed to achieve the following:

(1) Provide a range of locations for wireless communication facilities in various zoning districts;

(2) Encourage the location of wireless communication facilities onto existing structures to reduce the number of new communication towers needed within the city;

(3) Encourage collocation and site sharing of new and existing wireless communication facilities;

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

(5) 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;

(6) Protect residential, historic preservation areas and scenic corridors from the uncontrolled development of wireless communications facilities by requiring reasonable siting conditions;

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

(8) Ensure the harmonious, orderly and efficient growth and development of the city;

(9) Stabilize the economy of the city through the continued use of the city’s suitable public resources;

(10) Provide overlay districts in which the zoning regulations 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;

(11) Provide clear performance standards addressing the siting of wireless communication facilities; and

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

(Ord. 10-3277, § 1-6.1, passed 1-4-2010)

§ 152.091 USES NOT COVERED IN THIS SUBCHAPTER.

Nothing in this subchapter shall reduce any of the permitted uses of any zoned property within the city. Nothing in this subchapter shall affect the right of a property owner to use or develop their property consistent with existing zoning regulations. Nothing in this subchapter shall affect the right of a property owner to continue any legal nonconforming use.

(Ord. 10-3277, § 1-6.2, passed 1-4-2010)

§ 152.092 DESIGNATION AND APPLICABILITY.

(A) The city shall be divided into two wireless communication facility overlay districts. The districts shall include all lands situated within the city.

(1) Wireless Communication Facility Overlay District 1 shall include only those areas described in Figure 152.092 below and any areas subsequently added thereto less any areas subsequently deleted therefrom. Attached wireless communication facilities with support structure shall be permitted as provided herein in Wireless Communication Facility Overlay District 1.

(2) Wireless Communication Facility Overlay District 2 shall consist of all lands not included in Wireless Communication Facility Overlay District 1 which are located within the city. Attached wireless communication facilities shall be permitted as set out herein in Wireless Communication Facility Overlay District 2.

Figure 152.092: Field Sites and Recommended Wireless Communication Facilities

Field Site Names	Recommended WCF Use	Location/Description
City Maintenance Complex	190 ft. monopole	West Main Street at South Henderson Street
Fire/Police Department Training	190 ft. monopole	Hawthorne Center area, 2233 Veterans Drive
Inbinder Park	190 ft. monopole	1285 West Carl Sandburg Drive, west side of park, south of the 20-ft. storm sewer easement
Kiwanis Park	190 ft. monopole	2191 East Knox Street, east of the intersection of Virginia and Adams
Parking Lot A	Stealth facility	On Ferris Street, between Prairie Street and Kellogg Street
Parking Lot B	Stealth facility	On North Kellogg Street, between Water Street and Ferris Street
Parking Lot F	Stealth facility	Intersection of Cherry Street and Water Street
Vacant Land (Highway 10)	250 ft. self support	NE corner of South Henderson Street and Thirlwell Road
Vacant Land (McClure Street)	190 ft. monopole	NW of SF Railroad tracks
Vacant Land (South Street)	190 ft. monopole	(900 block West South Street) NW corner of West South and Harding
Water Tower (4th Street)	Attachments only	Between 4th Street and West 3rd Street
Water Tower (Seminary Street)	Attachments	Intersection of Brooks Street and Seminary Street

(B) Permit required. No person, firm or corporation shall install or construct any wireless communication facility unless and until a tower use permit (TUP) has been issued pursuant to the requirements of this subchapter.

(C) Preexisting wireless communications facility. Wireless communications facilities constructed prior to July 19, 1999 of the original ordinance shall be considered a nonconforming use and shall not be required to meet the requirements of this subchapter unless expanded or modified.

(D) Amateur radio exclusion. This subchapter shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. The installations shall comply with any other applicable provisions of the DO, including § 152.030(A)(4) regarding height of towers.

(E) Relationship to other ordinances. This division shall supersede all conflicting requirements of other subchapters regarding the locating and permitting of wireless communication facilities.

(F) Airport zoning. Any wireless communication facility located or proposed to be located in airport areas governed by the Federal Aviation Administration shall also comply with the provisions of all applicable local, state and federal airport regulations. Proof of approval or compliance with FAA standards must be provided.

(G) Building Codes. Construction of all wireless communication facilities shall comply with the requirements of the City Building Codes and permitting process in addition to the requirements of this subchapter.

(H) Accessory communications facilities. A wireless communication facility in a nonresidential zoning district which is an accessory to a principal use of a parcel (even though both are not owned by the same owner), and does not exceed 70 feet in height, shall be permitted by administrative review.

(Ord. 10-3277, § 1-6.3, passed 1-4-2010) Penalty, see § 152.999

§ 152.093 ALLOWABLE USES/DEVELOPMENT CRITERIA.

Allowable uses, subject to the limitations within each overlay district, will include the uses allowed in underlying zoning district plus wireless communication facilities in compliance with the following development criteria.

(A) Height standards. The following height standards shall apply to all wireless communications facility installations.

(1) Attached wireless communication facilities shall not add more than 20 feet to the height of the existing building or structure to which it is attached (attachment structure). However, attachment devices to existing communication towers shall not increase the height of tower above the maximum permitted height of that tower.

(2) Wireless communication facilities with support structures shall have a maximum height as set out in § 152.092 and shall not exceed heights allowed by FCC or FAA in Wireless Communication Facility Overlay District 2.

(B) Setback standards. The following setback standards shall apply to all wireless communication facility installations.

(1) Attached wireless communications facilities shall meet the setback provisions of the zoning district in which they are located. However, an attached wireless communication facility antenna array may extend up to 30 inches horizontally beyond the edge of the attachment structure so long as the antenna array does not encroach upon an adjoining parcel.

(2) Wireless communications facilities with support structure shall meet the setback requirements for principal structures of the underlying zoning district in which they are located. The required distance shall be measured from the property line on which the wireless communication facility is located to the base of the support structure and equipment shelter or cabinet where applicable or, in the case of guy wire supports, the guy wires.

(C) Landscaping. The following landscaping requirements shall apply to all wireless communications facility installations.

(1) New construction. New wireless communications facilities with support structures and attached wireless communication facilities with new building construction shall be enclosed within a solid brick or other approved decorative masonry wall or solid wood, vinyl or other approved material fence with a minimum height of six feet.

(2) Land form preservation. Existing mature tree growth and natural land form 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.

(D) Lighting and signage. The following lighting and signage requirements shall apply to all wireless communications facility installations.

(1) Artificial illumination. Wireless communications facilities shall not be artificially illuminated, directly or indirectly, except for:

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

(b) Any illumination of the wireless communications facility as may be required by the FAA or other applicable authority installed in a manner to minimize impacts on adjacent residences; and

(c) Unless otherwise required by the FAA or other applicable authority, the required light for the support structure shall be red and shielded upward.

(2) Signage. Wireless communications facilities shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except for a small message containing provider identification and emergency telephone numbers and any other information as may be required by local, state or federal regulations governing wireless communications facilities.

(E) Fencing. Wireless communications facilities with support structures shall be enclosed by a solid fence, with finished side out, (excluding slatted chain link) not less than six feet in height. Security features may be incorporated into the buffer and landscaping requirements for the site. Nothing herein shall prevent fencing that is necessary to meet requirements of state or federal agencies.

(F) Radio frequency emissions/sound. The following radio frequency emissions standards shall apply to all wireless communications facility installations.

(1) Radio frequency impact. The FTA gives the FCC jurisdiction of the regulation of radio frequency (RF) emissions, and wireless communications facilities that do not exceed the FCC standards shall not be conditioned or denied on the basis of RF impact.

(2) FCC compliance. In order to provide information to its citizens, copies of ongoing FCC information concerning wireless communications facilities and RF emissions standards may be requested. Applicants for wireless communications facilities shall be required to provide information with the application on the measurement of the effective radiated power of the facility and how this meets the FCC standards.

(3) Sound prohibited. No unusual sound emissions such as alarms, bells, buzzers or the like are permitted.

(G) Structural integrity. Wireless communications facilities 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 Antennas 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.

(H) Collocation agreement. All applicants for wireless communications facilities are required to submit a statement with the application agreeing to allow and reasonably market collocation opportunities to other wireless communications facility users. The statement shall include the applicant’s policy regarding collocation of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged other providers. The collocation agreement shall be considered a condition of issuance of a TUP (tower use permit). A TUP shall not be issued unless the applicant complies with the collocation policy outlined in § 152.096.

(I) Interference. The proposed facility shall not cause interference with existing radio, television or direct broadcast satellite (DBS) reception or services.

(Ord. 10-3277, § 1-6.4, passed 1-4-2010; Ord. 15-3505, passed 11-16-2015)

§ 152.094 REVIEW PROCESS.

(A) Criteria. The applicable development criteria referred to herein are those set forth in § 152.093.

(B) Permitting procedures.

(1) Attached wireless communications facilities with or without new building construction that meet the development criteria may be permitted by administrative review in all zoning districts except as hereinafter specified. All monopole type (or other tower types, if any, specified on Figure 152.092) wireless communications facilities with support structures that meet the development criteria and that are located on properties in Wireless Communication Facility Overlay District 1 (listed in Figure 152.092) may be permitted by administrative review except as hereinafter specified. All others, regardless of type or location, shall be subject to the Planning and Zoning Commission hearing process and may not be approved by the administrative review process.

(2) Any wireless communications facility (attached or with a support structure), regardless of type, to be located within a national historic district or local historic district or other designated overlay district will be subject to review by the appropriate district commission and the Planning and Zoning Commission. Review by a district commission shall be in accordance with that district ordinance administrative procedure for a certificate of appropriateness. All wireless communications facility applications that do not conform to the development criteria or are otherwise not eligible for administrative review shall be subject to the Planning and Zoning Commission review process.

(C) Wireless communications facilities as a part of a coordinated development approval. Wireless communications facilities as part of a proposed residential or nonresidential subdivision, planned unit development, site plan, rezoning or other coordinated development approval shall be reviewed and approved through those processes.

(D) Wireless communications facilities for temporary term. Temporary wireless communications facilities may be permitted by administrative approval for a term not to exceed 90 days. Once granted, a temporary wireless communications facility permit may be extended for an additional 90 days upon evidence of need by the applicant. In case of emergency (e.g., storm damage to an existing tower or other circumstances resulting in the interruption of existing service), the administrative review shall be expedited to the extent feasible.

(Ord. 10-3277, § 1-6.5, passed 1-4-2010)

§ 152.095 APPROVAL PROCESS.

(A) Application submission. All persons requesting a tower use permit (TUP), regardless of wireless communication facility type, shall submit an application in accordance with the requirements of this section.

(1) Application contents. Each applicant requesting a TUP under this subchapter shall submit a sealed complete set of drawings prepared by a licensed architect or structural engineer that will include a site plan, elevation view and other supporting drawings, calculations and other documentation showing the location and dimensions of the wireless communications facility and all improvements associated therewith, including information concerning specifications, antenna locations, equipment facility and shelters, landscaping, parking, access, fencing and, if relevant as determined by staff, topography, adjacent uses and existing vegetation. Applicants proposing to collocate on an existing wireless communication facility shall include a radio frequency intermodulation study with their application.

(2) Submission requirements. Application for a TUP shall be submitted to the Director of Community Development or his or her designee on forms prescribed by the city. The application shall be accompanied by a site plan containing the information described above and a copy of the appropriate FCC license. If Planning and Zoning Commission or district commission review is required, the application and site plan shall be placed on the next available Commission agenda in accordance with the agenda deadlines established by the Commission.

(3) Application fees. A plan review fee and a radio frequency intermodulation study review fee (collocation applicants only) shall accompany each application (see Fee Schedule in Appendix A). These fees may be used by the city to engage an engineer(s) or other qualified consultant(s) to review the technical aspects of the application and radio frequency intermodulation study (if required).

(4) Technical assistance. In the course of its consideration of an application, the city, the Director of Community Development or his or her designee, the Planning and Zoning Commission or the City Council may deem it necessary, in complex situations, to employ an engineer(s) or other consultant(s) qualified in the design and installation of wireless communication facilities to assist the city in the technical aspects of the application. In these cases, any additional reasonable costs incurred by the city not to exceed $1,500 for the technical review and recommendation shall be reimbursed by the applicant prior to the final hearing on the TUP.

(B) Administrative review. The following administrative review process shall apply to all wireless communications facility applications eligible for administrative review.

(1) Review authority. Review of wireless communication facilities under this division shall be conducted by the Director of Community Development or his or her designee upon filing a wireless communication facility application.

(2) Review criteria. Each application shall be reviewed for compliance with the development criteria specified in § 152.093.

(3) Timing of decision. The Director of Community Development or his or her designee shall render a decision on the wireless communication facility application by written response to the applicant within 30 business days after receipt of the complete application, except that an extension may be agreed upon by the applicant. Any application that is not reviewed within 30 business days shall be submitted to the Planning and Zoning Commission for review.

(4) Deferral. The Director of Community Development or his or her designee may defer administrative approval of wireless communication facilities for any reason. Deferral of administrative approval shall require submission to the Planning and Zoning Commission for review.

(5) Application denial. If administrative approval is not obtained or is denied due to noncompliance with the development criteria, the applicant may appeal the denial by applying for Planning and Zoning Commission review.

(6) Application approval. If the TUP application is in compliance with the development criteria and otherwise meets the requirements of this section, the Director of Community Development or his or her designee shall issue a tower use permit.

(C) Planning and Zoning Commission review. The following shall apply to all tower use permit applications requiring submission to the Planning and Zoning Commission.

(1) Review authority. The Planning and Zoning Commission shall be the review authority for TUP applications not eligible for administrative review or otherwise referred to the Commission.

(2) Notice. Notice of the application and the public hearing by the Planning and Zoning Commission shall be accomplished in the same manner as a rezoning request under the DO.

(3) Hearing. The Planning and Zoning Commission shall review and consider the TUP application at a public hearing. At the hearing, interested persons may appear and offer information in support or opposition to the proposed application. The Planning and Zoning Commission shall consider the following in reaching a decision.

(a) Development criteria. The tower use permit application shall be reviewed for compliance with the development criteria set forth in § 152.093; provided that the applicable development criteria may be amended or waived so long as the approval of the wireless communication facility meets the goals and purposes of the subchapter. The Planning and Zoning Commission may recommend an alternative development criteria by specific inclusion in a motion for approval.

(b) Tower siting conditions. The Planning and Zoning Commission may impose conditions and restrictions on the application or on the premises benefited by the TUP as it deems necessary to reduce or minimize any adverse effects and to enhance the compatibility of the wireless communication facility with the surrounding property, in accordance with the purposes and intent of this subchapter. The violation of any condition shall be grounds for revocation of the TUP. The Planning and Zoning Commission may recommend the conditions in addition to the development criteria upon the following findings:

1. The wireless communication facility would result in significant adverse visual impact on nearby residences;

2. The conditions are based upon the purpose and goals of this subchapter; and

3. The conditions are reasonable and capable of being accomplished.

(c) Action. Following the public hearing and presentation of evidence, the Planning and Zoning Commission shall take one of the following actions:

1. Approve the application as submitted;

2. Approve the application with conditions or modifications;

3. Defer the application for additional information or neighborhood input; or

4. Deny the application in writing.

(4) Findings. All decisions rendered by the Planning and Zoning Commission concerning a tower use permit shall be supported by written findings of fact and conclusions of law based upon substantial evidence of record.

(5) Timing of decision. The Planning and Zoning Commission shall render its decision within 75 days or less of the final submission of all required application documents and technical review; however, this time may be increased due to deferrals by either the applicant or the Planning and Zoning Commission.

(6) Appeals. The decision of the Planning and Zoning Commission may be appealed to the City Council under the following circumstances.

(a) An appeal shall be filed with the Community Development Department no later than 30 days after the final action by the Planning and Zoning Commission. Only the applicant, those who registered an objection to the TUP in the record of the Planning and Zoning Commission, or a property owner who owns property within 300 feet of the lot described in the TUP, shall have standing to appeal.

(b) Only that evidence or testimony in support of or opposition to the issuance of the TUP which was provided to the Planning and Zoning Commission may be presented to the City Council, unless the City Council, by majority vote, decides to hear new information.

(c) Notice of appeal shall be accomplished by filing a notice of appeal specifying the grounds thereof in the office of the Director of Community Development. The Director of Community Development or his or her designee shall then transmit to the City Council all the papers constituting the record upon which the action appealed from was taken.

(Ord. 10-3277, § 1-6.6, passed 1-4-2010; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)

§ 152.096 SHARED FACILITIES AND COLLOCATION POLICY.

(A) All new wireless communication facilities shall be engineered, designed and constructed to be capable of sharing the facility with other providers, to collocate with other existing wireless communication facilities and to accommodate the future collocation of other wireless communication facilities. A TUP shall not be issued until the applicant proposing a new wireless communications facility shall demonstrate that it has made a reasonable good-faith attempt to locate its wireless communication facility onto an existing structure. Competitive conflict and financial burden are not deemed to be adequate reasons against collocation.

(B) All wireless communication facilities with support structure up to a height of 150 feet shall be engineered and constructed to accommodate at least three antenna arrays. All wireless communication facilities with support structures up to a height of more than 150 feet shall be engineered and constructed to accommodate at least four antenna arrays.

(Ord. 10-3277, § 1-6.7, passed 1-4-2010)

§ 152.097 REMOVAL OF ABANDONED WIRELESS COMMUNICATION FACILITIES.

Any wireless communication facility that is not operated for a continuous period of 12 months shall be considered abandoned, and the city, at its election, may require the wireless communication facility owner to remove the wireless communication facility within 90 days after notice from the city to remove the wireless communication facility. If the abandoned wireless communication facility is not removed within 90 days, the city may remove it and recover its costs from the wireless communication facility owner. If there are two or more users of a single wireless communication facility, this provision shall not become effective until all providers cease to use the wireless communication facility. If the owner of an abandoned wireless communication facility cannot be located or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the wireless communication facility is located.

(Ord. 10-3277, § 1-6.8, passed 1-4-2010)

§ 152.098 NONCONFORMING WIRELESS COMMUNICATION FACILITIES.

Wireless communication facilities in existence on July 6, 2010 which do not comply with the requirements of this section (nonconforming wireless communications facility) are subject to the following provisions.

(A) Expansion. Nonconforming wireless communication facilities may continue in use for the purpose now used, but may not be expanded without complying with this section except as further provided in this section.

(B) Additions. Nonconforming wireless communications facilities may add additional antennas (belonging to the same provider or other providers) subject to administrative review under this section.

(C) Repairs or reconstruction. Nonconforming wireless communications facilities which become damaged due to any reason or cause, may be repaired and restored to its former use, location and physical dimensions subject to the provisions of this section; provided, however, that if the damage to the wireless communication facility exceeds 50% of replacement cost, the wireless communication facility may only be reconstructed or repaired in compliance with this section.

(D) Abandonment. Any wireless communications facility not in use for 180 consecutive days shall be deemed abandoned and all rights as a nonconforming use shall cease.

(Ord. 10-3277, § 1-6.9, passed 1-4-2010)

§ 152.099 REVOCATION OF TOWER USE PERMITS.

Any tower use permit issued pursuant to this subchapter may be revoked after a hearing as provided hereinafter. If the Director of Community Development or his or her designee finds that any permit holder has violated any provision of this subchapter, or has failed to make good-faith reasonable efforts to provide or seek collocation, the Director of Community Development or his or her designee shall notify the permit holder in writing that the TUP is revocable due to the permit holder’s noncompliance with the conditions of the permit. The Director of Community Development or his or her designee may require the permit holder to correct the violation within a reasonable amount of time or the Director of Community Development or his or her designee may recommend to the City Council that the tower use permit be revoked. After the appropriate public hearing, the Mayor and City Council may revoke the tower use permit (TUP) upon any terms and conditions, if any, that the Mayor and City Council may determine. Prior to initiation of revocation proceedings, the Director of Community Development or his or her designee shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which the deficiencies must be corrected. The time for correction of deficiencies shall not exceed 60 days. The permit holder shall provide the Director of Community Development or his or her designee with evidence that the required corrective action has been taken. Should the permit holder fail to correct any deficiencies in the time required, the Mayor and City Council shall convene a public hearing to consider revocation of the tower use permit. The hearing shall be conducted pursuant to notice by publication in a newspaper with general circulation in the city not less than ten days prior to the hearing and by written notice to the permit holder. At the hearing, the permit holder may be represented by an attorney and may cross-examine opposing witnesses. Other interested persons may comment. The Mayor and City Council may impose reasonable restrictions with respect to time and procedure. The proceedings shall be recorded; provided, however, that stenographic services, if desired, shall be provided by the requesting party at that party’s expense.

(Ord. 10-3277, § 1-6.10, passed 1-4-2010; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)