a. Radio and telecommunications Antennas, Antenna Structures, and Telecommunications Towers used for Personal Wireless Facilities, Personal Wireless Services, radio transmission, or television transmission shall be subject to the Special Use provisions contained within Section
14.11 of this Zoning Ordinance and applications for Special Use Permits shall be subject to the procedures and requirements of the Zoning Ordinance, except as modified in this Chapter 15.
b. In granting a Special Use Permit, the Plan Commission may impose conditions to the extent the Plan Commission concludes such conditions are necessary to minimize any adverse effect of the proposed Telecommunications Tower on adjoining properties.
c. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
d. An applicant for a Special Use Permit shall submit the information described in this Section and a non-refundable fee as established by resolution of the Village Board of the Village of Itasca to reimburse the Village of Itasca for the cost of reviewing the application.
e. Antennas, Antenna Structures, and Telecommunications Towers shall be allowed as special sues only consistent with all of the requirements of this Ordinance in the following zoning districts: R-1 (Single Family Residence - golf course, public utility facilities, public service use facilities with radio or TV Telecommunications Tower sites only), R-3 (General Residence - public utility facilities, public service use facilities with radio or TV Telecommunications sites only), B-1 (Local Business District), B-2 (Community Business District), B-3 (Service Business District), O-R (Office Research District), and ROC (Regional Office Center District).
f. No-Impact Towers and No-Impact Antennas shall be allowed as a special use within zoning districts R-1 (Single Family Residence), R-2 (Single Family Residence), and R-3 (General Residence).
2. Information Required: In addition to any information required for applications for Special Use Permits referenced above, each petitioner requesting a Special Use Permit under this Ordinance for an Antenna, Antenna Structure, or Telecommunications Tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriately licensed professionals, showing the location, type, and dimensions of all improvements, including information concerning topography, radio frequency coverage, Telecommunications Tower Height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed necessary by the Village of Itasca to be necessary to assess compliance for this Ordinance. In addition, the following information shall be supplied:
a. Legal description of the parent track and leased parcel (if applicable);
b. The setback distance between the proposed Structure and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned property;
c. The separation distance from other such structures described in the inventory of existing sites submitted pursuant to Section 15.02.4. shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing Structure(s) and the owner/operator of the existing Structure(s), if known;
d. A landscape plan showing specific landscape materials;
e. The method of fencing, and finish color and, if applicable, the method of camouflage and illumination;
f. A description of compliance with Section
15.02.3., 5., 6., 7., 8., 9. and 13. and all applicable federal, state or local laws;
g. A notarized statement by the applicant as to whether the construction of the Telecommunications Tower will accommodate collocation of additional antennas for future users;
h. Identification of the entities providing the Back Haul Network for the Structure(s) described in the application and other cellular sites owned or operated by the applicant in the Village of Itasca;
i. A description of the suitability of the use of existing Telecommunications Towers, other Structures, or alternative technology not requiring the use of Telecommunications Towers or Structures to provide the services to be provided through the use of the proposed new Telecommunications Tower; and
j. A description of the feasible location(s) of future Telecommunications Towers or Antennas within the Village of Itasca based upon existing physical, engineering, technological, or geographical limitations in the event the proposed Telecommunications Tower is erected.
3. Factors Considered in Granting Special Use Permits: The Village of Itasca shall consider the following factors in determining whether to issue a Special Use Permit above and beyond those factors referenced in Chapter 14.11 of the Zoning Ordinance. The Village of Itasca may waive or reduce the burden on the petitioner of one or more of these criteria if the Village of Itasca concludes that the goals of this Ordinance are better served thereby. a. Height of the proposed Antenna, Antenna Structure, or Telecommunications Tower;
b. Proximity of the Antenna, Antenna Structure, or Telecommunications Tower to residential structures and residential district boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the Antenna, Antenna Structure, or Telecommunications Tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
g. Proposed ingress and egress; and
h. Availability of other suitable existing Antennas, Antenna Structures, Telecommunications Towers, and other Structures or alternative technologies not requiring the use of Telecommunications Towers or Structures as discussed elsewhere in this Ordinance.
4. Height: No Antenna, Antenna Structure, or Telecommunications Tower shall exceed a height of one hundred thirty (130) linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional Antenna on the existing Antenna Structure or Telecommunications Tower, the arm shall not exceed a length of twelve (12) linear feet.
5. Setbacks and Separation:
a. Setbacks: Antennas, Antenna Structures, or Telecommunications Towers must be set back a distance equal to the height of the Antenna, Antenna Structure, or Telecommunications Tower from any off-site residential structure. Antenna Structures, guy lines, and equipment shelters must satisfy the minimum setback requirements for R-1, R-2, R-3, B-1, B-2, B-3, O-R, ROC, or M zoning districts.
b. Separation: The following separation requirements shall apply to all Telecommunications Towers and Antennas for which a Special Use Permit is required; provided, however, that the Plan Commission may reduce the standard separation requirements if the goals of this Ordinance would be better served thereby, or if enforcement of said setback would effectively prohibit said Telecommunications Tower.
(1) Separation from off-site uses/designated areas.
(a) Telecommunications Tower separation shall be measured from the base of the Telecommunications Tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
(b) Separation requirements for Telecommunications Towers shall comply with the minimum standards established in Table 1.
(2) Separation distances between Telecommunications Towers.
(a) Separation distances between Telecommunications Towers shall be applicable for and measured between the proposed Telecommunications Tower and Pre-Existing Telecommunications Towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing Telecommunications Tower and the proposed base, pursuant to a site plan, of the proposed Telecommunications Tower. The separation distances (listen in linear feet) are as shown in Table 2.
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Lattice | | | | |
Guyed | | | | |
Monopole >75 ft. High | | | | |
Monopole <75 ft. High | | | | |
6. Sitting on Wetland Prohibited: No Antenna, Antenna Structure, or Telecommunications Tower shall be located in an area which has been designated as a wetland either by the Village of Itasca, DuPage County, the State of Illinois Department of Natural Resources, the United States Department of the Interior or the United States Army Corps of Engineers, and any and all governmental bodies and agencies having jurisdiction.
7. FCC Signage: To the extent that signage is required by the FCC on an Antenna Structure, or Telecommunications Tower that signage shall constitute no more than five percent (5%) of the square footage of the Antenna, Antenna Structure, or Telecommunications Tower or shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area.
8. Preservation of Landscape: Existing mature tree growth and natural landforms on the proposed Antenna, Antenna Structure, or Telecommunications Tower site shall be preserved to the maximum extent possible.
9. Utilities and Access Required: Radio and Telecommunications Antennas, Antenna Structures, and Telecommunications Towers, including, but not limited to those used for Personal Wireless Services, Personal Wireless Facilities and Unlicensed Wireless Services, shall be required to include adequate utilities, access, and/or other facilities necessary for the servicing of the Antenna, Antenna Structure or Telecommunications Tower. All such utilities shall be buried.
10. Signal Interference: No signal transmission from any Antenna, Antenna Structure, or Telecommunications Tower shall interfere with police fire, public works or any other governmental radio bank signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed Antenna, Antenna Structure, or Telecommunications Tower, the petition for Special use shall be denied.
11. Equipment Shelter and Equipment Cabinets:
a. Equipment Shelter: A provider of a radio, television, or telecommunications Antenna, Antenna Structure, or Telecommunications Tower may provide an equipment shelter on the site of the Antenna, Antenna Structure, or Telecommunications Tower. The square footage of the equipment shelter may not exceed more than twenty percent (20%) of the total square footage of the Antenna, Antenna Structure or Telecommunications Tower ground site or four hundred fifty (450) square feet, whichever is greater. At any Antenna, Antenna Structure, or Telecommunications Tower site in which more than one Antenna has been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one roof if at all practicably possible.
No equipment shelter shall be approved as part of the Site Plan unless appropriate electrical power and rod ingress and egress facilities are planned for inclusion at the equipment shelter site. The equipment shelter shall be constructed from either brick or textured concrete materials of a neutral color.
(1) In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the cabinet structure is no greater than four (4) feet in height or twenty-four (24) square feet of gross floor area and the cabinet/structure is located in a minimum of ten (10) feet from all lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least forty-two (42) to forty-eight (48) inches and a planted height of at least thirty-six (36) inches.
(2) In a rear yard, provided the cabinet or structure is no greater than six (6) feet in height or sixty-four (64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight (8) feet in height or a hedge with an ultimate height of eight (8) feet and a planted height of thirty-six (36) inches.
(3) In commercial or industrial districts, the equipment cabinet or structure shall be no greater than six (6) feet in height or sixty-four (64) square feet in gross floor area, or ten (10) percent of the aggregate area of the Telecommunications Tower site, whichever is less. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence five (5) feet in height or a hedge with an ultimate height of eight (8) feet and a planted height of thirty-six (36) inches.
12. Code Requirements: Any Antenna, Antenna Structure, or Telecommunications Tower must meet code requirements established by the National Electrical Code, and BOCA codes currently in effect as required by the Village of Itasca and all applicable marking and lighting standards as established by the Federal Aviation Administration.
13. Engineering Justification: No new Telecommunications Tower shall be permitted unless the applicant provides justification and demonstrates to the reasonable satisfaction of the Zoning Board that no existing Telecommunications Tower, Structure, or alternative technology that does not require the use of Telecommunications Towers or Structures can accommodate the applicant's proposed Antenna. An applicant shall submit information requested by the Zoning Board related to the availability of suitable existing Telecommunications Towers, other Structures, or alternative technology. Evidence submitted to demonstrate that no existing Telecommunications Tower, Structure, or alternative technology can accommodate the applicant proposed Antenna may consist of the following:
a. No existing Antennas, Antenna Structures, or Telecommunications Towers are located within the geographic area required to meet petitioner's engineering requirements.
b. Existing Antennas, Antenna Structures, Telecommunications Towers, or other structures are not of sufficient height to meet petitioner's engineering requirements;
c. Existing Antennas, Antenna Structures, Telecommunications Towers, or other structures do not have sufficient structural strength to meet petitioner's engineering requirements;
d. The petitioner's proposed Antenna, Antenna Structure, or Telecommunications Tower would cause electromagnetic interference with the existing Antenna, Antenna Structure, or Telecommunications Tower, or the Antenna on the existing structure would cause interference with the petitioner's proposed Antenna.
e. The fees, costs, or contractual provisions required by the owner in order to share an existing Antenna, Antenna Structure, or Telecommunications Tower or to adapt to an existing Antenna, Antenna Structure, or Telecommunications Tower are unreasonable. Costs exceeding new Antenna, Antenna Structure, or Telecommunications Tower development are considered unreasonable.
f. The petitioner demonstrates that there are other limiting factors that render existing Antennas, Antenna Structures, or Telecommunications Towers or other structures are unsuitable.
g. The applicant demonstrates that an alternative technology that does not require the use of Telecommunications Towers or Structures, such as booster Antennas utilizing a stick-shaped or whip-shaped Antenna, or a cable micro-cell network using multiple low-powered transmitters and receivers attached to a wireline system, is unsuitable. Cost of alternative technology that exceeds new Telecommunications Tower or Antenna development shall not be presumed to render the technology unsuitable.
14. Removal of Abandoned Antennas, Antenna Structures, or Telecommunications Towers: Any Antenna, Antenna Structure, or Telecommunications Tower that is not operated for a continuous period of twelve (12) months or for which the annual administrative fee is not paid within a twelve (12) month period shall be considered abandoned, and the owner of such Antenna, Antenna Structure, or Telecommunications Tower shall remove same from within ninety (90) days of receipt of written notice from the Village of Itasca notifying the owner of such abandonment. If such Antenna, Antenna Structure, or Telecommunications Tower is not removed within said ninety (90) days, the Village of Itasca shall remove such Antenna, Antenna structure, or Telecommunications Tower at the owner's expense and file a lien against the real estate for the cost of removal or such other action as provided by law. If there are two or more users of a single Antenna, Antenna Structure, or Telecommunications Tower, then this provision shall not become effective until all users cease using the Antenna, Antenna Structure, or Telecommunications Tower.
15. Collocation: A request for approval of a Special Use Permit for the installation of an Antenna, Alternative Antenna, Antenna Structure or Telecommunications Tower, the Zoning Board may by express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of personal wireless telecommunications services to collocate additional antennas or antenna structures on a free-standing pole which is part of applicant's proposed personal wireless facility, where such collocation is technologically feasible.
(Ord. 963-97, passed 4-8-97; Am. Ord. 1075-01, passed 2-6-01)