Itasca City Zoning Code
§ 15.02
GENERAL REQUIREMENTS.
1. Special or Accessory Use: Antennas and Telecommunications Towers may be considered either Special or Accessory uses. A different existing use of an existing Structure on the same lot shall not preclude the installation of an Antenna or Telecommunications Tower on such lot; provided, however, that such installation complies with the requirements of this Section and all other Sections of the Zoning Ordinance and development regulations.
2. Lot Size: For purposes of determining whether the installation of a Telecommunications Tower or Antenna complies with the Village of Itasca development regulations, including, but no limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the Antennas or Telecommunications Towers may be located on leased parcels within such lot.
4. Inventory of Existing Sites: Each applicant for approval of an Antenna and/or Telecommunications Tower shall provide to the Zoning Administrator an inventory of its existing Telecommunications Towers, Antennas, or sites approved for Telecommunications Towers and Antennas, that are either within the jurisdiction of the Village of Itasca or within one (1) mile of the border thereof, including specific information about the location, height, and design of each Telecommunications Tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or Special Use Permits under this Ordinance or other organizations seeking to locate Antennas within the jurisdiction of the Village of Itasca, provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
5. Aesthetics: Telecommunications Towers and Antennas shall meet the following requirements.
a. Telecommunications Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
b. At a Telecommunications Tower site, the design of the buildings and related structure shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will bend them into natural settings and surrounding buildings.
c. If an Antenna is installed on a Structure other than a Telecommunications Tower, the Antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the Antenna and related equipment as visually unobtrusive as possible.
6. Lighting: Telecommunications Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
7. State or Federal Requirements: All Telecommunications Towers must meet or exceed current standards or regulations of the FAA, the FCC, or any other agency of the state or federal government with the authority to regulate Telecommunications Towers and Antennas. If such standards and regulations are changed, then the owners of the Telecommunications Towers and Antennas governed by this Ordinance shall bring such Telecommunications Towers and Antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring Telecommunications Towers and Antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the Telecommunications Tower and Antenna at the owner's expense.
8. Building Codes/Safety Standards: Any owner or operator of an Antenna, Antenna Structure or Telecommunications Tower shall maintain the Antenna, Antenna Structure or Telecommunications Tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for Telecommunications Towers that are published by the Electronic Industry Association, as amended from time to time. If, upon inspection, the Village of Itasca concludes that an Antenna, Antenna Structure or Telecommunications Tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner or operator of the Antenna, Antenna Structure or Telecommunications Tower, the owner shall have thirty (30) days to bring such Antenna, Antenna Structure or Telecommunications Tower into compliance with the applicable standards.
Failure to bring the Antenna, Antenna Structure or Telecommunications Tower into compliance within the thirty (30) day period shall constitute grounds for removal of the Antenna, Antenna Structure, or Telecommunications Tower at the owner's and/or operator's expense.
9. Measurement: For purposes of measurement, Telecommunications Tower setback and Telecommunications Tower separation distances shall be calculated and applied to facilities located in the Village of Itasca irrespective of municipal and county jurisdictional boundaries.
10. Not Essential Services: Antennas, Antenna Structures and Telecommunications Towers shall be regulated and permitted pursuant to this Ordinance and shall not be regulated or permitted as essential services, public utilities, or private utilities.
11. Public Notice: For purposes of this Ordinance, any special use request, variance request, or appeal of any administratively approved use or special use shall require public notice and individual notice by the Village of Itasca to all abutting property owners and all property owners of properties that are located within two hundred fifty (250) feet of the zoning lot in question. Streets, alleys, and watercourses shall not be considered in the determination of “abutting” nor in calculating the two hundred fifty (250) feet.
12. Signs: No signs shall be allowed on an Antenna or Telecommunications Tower other than those that may be required by the FCC.
13. Buildings and Support Equipment: Buildings and support equipment associated with Antennas and Telecommunications Towers shall comply with the requirements of Section 15.04.11. of this Ordinance.
14. Multiple Antenna/Telecommunications Tower Plan: The Village of Itasca encourages all plans for Telecommunications Tower and Antenna sites to be submitted in a single application for approval of multiple Telecommunications Towers and/or Antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
15. Antennas on Existing Structures: Any Antenna which is not attached to a Telecommunications Tower may be approved by the Village of Itasca as an accessory use, provided that the Antenna complies with all FCC and FAA regulations and all building codes and safety standards as referenced in Section 15.02.8. hereinabove. In accordance with the requirements of Section 4.13.5.a. through c. of the Zoning Ordinance, any Antenna or Telecommunications Tower that incorporates an Antenna located on residential property where a property owner or property lessee uses such antenna or Telecommunications Tower for a commercial purpose, shall not be allowed as an accessory use in the R-1, R-2, or R-3 zoning districts.
16. Antennas on Existing Telecommunications Towers: An Antenna which is attached to an existing Telecommunications Tower may be approved by the Zoning Administrator and, to minimize adverse visual impacts associated with the proliferation and clustering of Telecommunications Towers, collocation of Antennas by more than one carrier on existing Telecommunications Towers shall take precedence over the construction of new Telecommunications Towers, provided such collocation is accomplished in a manner consistent with the following:
a. A Telecommunications Tower which is modified or reconstructed to accommodate the collocation of an additional Antenna shall be of the same Telecommunications Tower type as the existing Telecommunications Tower, unless the Zoning Administrator allows reconstruction as a monopole.
b. Height.
(1) An existing Telecommunications Tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the Telecommunications Tower's existing height, such height not exceeding one hundred thirty (130) feet in total, to accommodate the collocation of an additional Antenna.
(2) The height change referred to in Subsection b.1. shall not require a distance separation. The Telecommunications Tower's premodification height shall be used to calculate such distance separations.
(3) The additional height referred to in Subsection b.1. shall not require a distance separation. The Telecommunications Tower's premodification height shall be used to calculate such distance separations.
c. Onsite Location.
(1) A Telecommunications Tower which is being rebuilt to accommodate the collocation of an additional Antenna may be moved onsite within fifty (50) feet of its existing location.
(2) After the Telecommunications Tower is rebuilt to accommodate collocation, only one Telecommunications Tower may remain on the site.
(3) A relocated onsite Telecommunications Tower shall continue to be measured from the original Telecommunications Tower location for purposes of calculating separation distances between Telecommunications Towers. The relocation of a Telecommunications Tower hereunder shall in no way be deemed to cause a violation of this Ordinance.
(4) The on-site relocation of a Telecommunications Tower, which comes within the separation distances to residential units or residentially zoned lands as established in the Zoning Ordinance, shall only be permitted when approved by the Zoning Administrator.
d. New Telecommunications Towers in non-residential zoning districts. An applicant may locate any new Telecommunications Tower in a B-1, B-2, B-3, O-R, ROC, or M zoning district, provided that: 1) a licensed professional engineer certifies the Telecommunications Tower can structurally accommodate the number of shared users proposed by the applicant; 2) the Zoning Administrator concludes the Telecommunications Tower is in conformity with the purpose set forth in the preamble to this Ordinance and the requirements of this Ordinance; 3) the Telecommunications Tower meets the setback separation requirements in Section 15.04; and, 4) the Telecommunications Tower meets the following Height and Usage criteria:
(1) for a single user, up to and including one hundred (100) feet in height;
(2) for two users, up to one hundred fifteen (115) feet in height; and
(3) for three or more users, up to and including one hundred thirty (130) feet in height.
17. Roadway Access: All sites on which Antennas, Antenna Structures, and Telecommunications Towers are located must have a passable roadway access of compacted aggregate base with a one and one half (1-1/2) inch bituminous binder course and a one (1) inch bituminous surface course, or a six (6) inch compacted aggregate base with five (5) inch air entrained six (6) bag Portland Cement concrete and 6 X 6 #10 welded wire reinforcing.
18. Fencing: The structures upon any site upon which an Antenna, Antenna Structure, or Telecommunications Tower is located shall be surrounded by an opaque screen which is no less than five feet (5') in height and equipped with an appropriate anti-climbing device. Screening materials shall include either wooden or chain link fencing. Barbed wire shall be prohibited, unless the site is owned by a tax levying body and the barbed wire fencing is recommended by the Plan Commission and the Zoning Board. Shrubbery and bushes shall be required, in addition to the wooden or chain link fence, unless specifically waived by the Village of Itasca in its discretion in appropriate cases.
19. Disguised Structures: The provider of an Antenna, Antenna Structure, or Telecommunications Tower may propose to disguise the proposed Antenna, Antenna Structure, or Telecommunications Tower. Any such disguise must be aesthetically consistent with the character of the surrounding area and environment, and be constructed in such a manner where the health or safety of Village of Itasca residents shall not be endangered. The Village of Itasca may require the disguise of an Antenna, Antenna Structure, or Telecommunications Tower as
a condition of approval of a building permit or special use permit if the Antenna, Antenna Structure, or Telecommunications Tower is to be erected on a golf course or other public recreational area.
20. Annual Administrative Fee and Certifications: Each owner and/or operator of an Antenna, Antenna Structure or Telecommunications Tower shall be required annually on January 1 to pay an Administrative Fee of five hundred dollars ($500.00) and to provide the following certifications in writing by a certified engineer:
a. That the owner of operator's Antenna, Antenna Structure or Telecommunications Tower has been inspected and is in compliance with all state and local building codes and standards published the Electronic Industry Association; and
b. That the owner or operator's Antenna is in compliance with the FCC RF Emissions Standards.
The Village of Itasca reserves the right to increase the amount of the Administrative Fee as it deems necessary. A separate Administrative Fee shall be paid by each user or co-locator on a Telecommunications Tower.
21. Permit Required: Prior to the construction of an Antenna, Antenna Structure or Telecommunications Tower the provider of the radio, television or telecommunications services shall obtain a Permit from the Village of Itasca for the erection of such Antenna, Antenna Structure or Telecommunications Tower. An applicant for a Permit for an Antenna, Antenna Structure, or Telecommunications Tower shall pay a fee in accordance with the Fee Schedule set forth in Section 14.13 of the Zoning Ordinance, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review.
22. Waiver of Provisions. An applicant can request a waiver of any provision of this Ordinance upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply.
(Ord. 963-97, passed 4-8-97; Am. Ord. 1075-01, passed 2-6-01)