Lincolnwood City Zoning Code
ARTICLE X
TOWERS, ANTENNAS, ANTENNA SUPPORT STRUCTURES AND PERSONAL WIRELESS SERVICE FACILITIES
10.01 Authority and purpose.
10.02 Applicability.
(1)
New towers, antennas, antenna support structures or personal wireless facilities shall not be erected or installed except in compliance with the provisions of this Article X. The provisions of this Article X apply to all towers, antennas, antenna support structures or personal wireless service facilities, whether such facilities are used as a principal use or as an accessory use. Towers, antenna support structures, antennas, or personal wireless service facilities located on property owned, leased or otherwise controlled by the Village shall be exempt from the requirements of this Article X, provided a lease, license or use agreement authorizing such facilities has been approved by the Village Board of Trustees.
(2)
preexisting towers, antenna support structures or personal wireless facilities or antennas in place prior to October 1, 2002, shall not be required to meet the requirements of this Article X except that all such preexisting towers, antenna support structure, personal wireless facilities and preexisting antennas shall meet and comply with the requirements of Sections 10.04(1), 10.04(4), 10.04(5), and 10.04(10), 10.04(12), 10.04(14), and 10.05 of this article, and any and all provisions and conditions to the special use permit for the specific preexisting tower, antenna support structure, personal wireless facility and preexisting antenna granted by the Village Board of Trustees; and any other applicable provisions of this Zoning Ordinance as of the date such special use was enacted by the Village Board of Trustees. Any alteration to a preexisting antenna support structure will require a Village permit to locate on the same antenna or antenna support structure.
(3)
Amateur radio station operators/receive only antennas. This Article X shall not govern any tower or installation of any antenna that does not exceed 12 feet in height which is owned and operated by a federally licensed amateur radio station operator as part of the amateur radio service, citizens band radio, or is used exclusively for receive only antennas. Direct to home satellite services are not included in the scope of this Article X. Where conflicts exist between this Article X and the remainder of this Zoning Ordinance, the provisions of this Article X shall govern.
10.03 Location.
To every extent possible, telecommunications providers shall locate towers, antennas, antenna support facilities and personal wireless facilities as follows:
(1)
In areas that have the least impact on the character of existing residential development in the Village.
(2)
In areas zoned for manufacturing uses and areas of municipally owned property including, but not limited to, the site where the Village owned water tower is located.
(3)
Minimizing the total number of towers throughout the Village.
(4)
Utilizing joint location, co-location and co-use of new and existing tower and antenna sites.
(5)
In areas where the overall adverse impact on the Village is minimal.
(6)
Constructing, configuring and concealing them in a manner that minimizes the adverse visual and aesthetic impact of towers and antennas.
(7)
Avoiding potential damage to adjacent properties from safety related concerns.
(8)
Promoting telecommunications service coverage within the Village.
(9)
Antennas shall be located on lawfully preexisting antenna support structures or other lawfully preexisting buildings or structures wherever possible.
10.04 Requirements.
(1)
Special use required. A special use permit shall be required for the construction of towers, monopoles, antenna support structures, antennas, and personal wireless service facilities in all zoning districts, except in the R-1, R-2, and R-3 Zoning Districts, in which such facilities are prohibited, unless such facilities are antennas mounted on utility poles or light poles in the public right-of-way, or on existing utility poles or light poles in public utility rights-of-way, or are located on a lot owned by a unit of government or school district, and are other otherwise approved by the Board of Trustees or unless such facilities are not included within the scope of this Article X.
[Amended 9-1-2015 by Ord. No. 2015-3167]
(2)
Additional use permitted on lot. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district bulk regulations, including but not limited to setback and lot requirements, the dimensions of the entire zoning lot shall control, even though the antennas or towers may be located on leased property within such zoning lot(s).
(3)
Towers in the B, R-4 and M-B Districts.
i.
No stand alone towers shall be located in a B Business Zoning District, O Office District or the R-4 Residential District.
ii.
Buildings in the R-4 Residential District where rooftop equipment is to be installed shall be a minimum of five stories in height.
iii.
Location and setbacks.
1.
Towers shall be located in the rear or interior side yards or on the roof of buildings.
2.
Towers shall be set back from residentially zoned property a minimum distance equal to the height of the tower.
3.
Towers, poles or antenna structures shall comply with the rear yard setback requirements of this Zoning Ordinance and the side yard setback of said tower, pole or antenna structure shall be no less than 40% of the lot width from each side lot line.
iv.
Number. No more than one tower shall be located on each zoning lot.
v.
Height.
i.
The height of a single user tower shall not exceed 80 feet, measured from grade to the top of the tower or to the top of an antenna, whichever is taller, except as provided below.
ii.
The height of a tower designed to accommodate co-location for at least three additional antennas shall not exceed 140 feet (beginning at 80 feet and an additional 20 feet of overall height for every additional co-location site provided on the proposed tower up to a maximum of 60 additional feet in overall height), measured from grade to the top of the tower or to the top of the highest antenna, whichever is taller. Said towers shall be subject to the regulations governing setbacks.
iii.
The measurement of the height of facilities shall include antenna, basepad, and other apparatuses and shall be measured from the crown of the nearest improved right-of-way.
(4)
Lighting. No signals, lights or illumination shall be permitted on a tower, antenna, antenna support structure or personal wireless service facility unless required by the FCC, the FAA or the Village. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views and is subject to the review and approval of the Zoning Officer.
(5)
Security lighting. The lighting alternatives and design chosen must cause the least disturbance to the surrounding views and are subject to the review and approval of the Zoning Officer.
(6)
Signage. No commercial advertising shall be allowed on any tower, antenna, antenna support structure or personal wireless service facility.
(7)
Aesthetics. Antennas, antenna support structures, towers and personal wireless facilities shall meet the following requirements:
i.
Facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted so as to reduce visual obtrusiveness.
ii.
At a facility site, the design of the accessory buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
iii.
If an antenna is installed on a structure other than a 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. Omnidirectional, whip, directional, dish or panel antennas when mounted on a building or structure shall be of a material or color which matches the exterior of the building or structure. Dish, directional, or panel antennas when mounted on a building, structure or rooftop shall be located or screened in an aesthetically acceptable manner so as to minimize visibility from the adjacent properties and/or right-of-way. The Zoning Officer shall determine whether dish, directional, or panel antennas mounted on a building, structure, or rooftop matches the building, structure, or rooftop and is screened from adjacent right-of-way(s) and/or properties.
iv.
Dish antennas attached to a tower shall not exceed 40 inches in diameter.
(8)
Landscaping. The following requirements shall govern the landscaping surrounding facilities.
i.
Facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the compound from adjacent property. The standard buffer shall consist of a landscaped strip at least 10 feet wide from the edge of the compound. In some cases, existing natural growth around the property perimeter may be a sufficient buffer.
ii.
A landscape plan showing specific landscape materials shall be provided unless waived by the Village.
iii.
Where the Village determines that landscaping is not practical, the applicant will provide screening of facilities by installation of a masonry wall to a height that effectively screens the facilities.
iv.
In locations where the visual impact of the facilities would be minimal, the landscaping requirement may be reduced or waived.
(9)
Windloading standards. Windloading design standards shall be those standards set forth in the TIA/EIA Standard "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures"© Telecommunications Industry Association 1996 (1996 edition).
(10)
Security fencing. Telecommunications facilities shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an acceptable anti-climbing device or design; provided, however, that the Plan Commission/Zoning Board of Appeals may recommend, and the Village Board of Trustees may grant, a waiver of such requirements, as deemed appropriate.
[Amended 3-2-2013 by Ord. No. 2013-3044; 11-19-2024 by Ord. No. 2024-3804]
(11)
Antennas on buildings. Antennas that are installed on buildings shall conform with one of the following:
a.
Such antennas shall be located only on a lawfully pre-existing building and shall not exceed the following dimensions:
b.
Such antennas and any necessary antenna support structures are fully enclosed or shielded from view from any point located off the zoning lot on which they are located by a structure otherwise permitted on the zoning lot and all electronic equipment is fully enclosed in a structure otherwise permitted on the zoning lot.
All such antennas shall not exceed the maximum height authorized by applicable zoning district regulations, and shall not extend above the highest point of the building or structure to which they are attached or more than two feet from the exterior of any wall or roof of the building to which they are attached. |
(12)
Abandonment; removal of abandoned antennas and towers:
a.
Any telecommunications facility, tower, or antenna that is not operated for a continuous period of six months shall be considered abandoned, whether or not the owner or operator intends to make use of such facility.
b.
The Zoning Officer shall ascertain on an annual basis whether any telecommunications facility, tower or antenna has been abandoned.
c.
If upon inspection by the Zoning Officer it is determined that a telecommunications facility, tower, or antenna is abandoned, or, upon receipt by the Village of the owner's notice to the FCC of intent to cease operations, the Zoning Officer shall send a written notice of such abandonment to the owner of the telecommunications facility and the owner of the property if such owner is different from the owner of such facility. Such notice shall be mailed by certified mail, return receipt requested.
d.
The owner of the telecommunications facility, tower, or antenna and the owner of the property if such owner is different from the owner of such facility, shall have 60 days after mailing of the notice to remove all of such facility, including any and all footings and foundation.
e.
If such telecommunications facility is not removed within 60 days after receipt of notice from the Village notifying the owners of such abandonment, the Village may remove such facility and file a lien against the property in the office of the Cook County Recorder of Deeds for the costs of removal.
f.
The Village may pursue any and all available legal remedies to insure that an abandoned telecommunications facility, tower, or antenna is removed.
g.
Any delay by the Village in taking action to enforce the removal of an abandoned telecommunications facility, tower, antenna support structure or antenna against the owner of the telecommunications facility, tower, or antenna and the owner of the property if such owner is different from the owner of such facility, shall not waive the Village's right to take any action at a later time.
h.
The Village may seek to have the telecommunications Facility removed regardless of the owners' or operator's intent to operate such facility, and regardless of any permits, federal, state or otherwise, which may have been issued or granted.
(13)
Equipment. Mobile or immobile equipment not used in direct support of a facility shall not be stored or parked on the site of the facility unless repairs to such facility are being made. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Noise attenuation measures shall be included to reduce noise levels. Testing and maintenance of generators shall only take place on only on weekdays between the hours of 7:00 a.m. and 6:00 p.m.
(14)
Compliance with plans. Every personal wireless services facility, antenna, tower, and antenna support structure shall comply with all plans approved by the Village.
10.05 Telecommunications support facilities; antennas mounted on structures or rooftops.
The telecommunications support facilities used in association with such antennas shall comply with the following:
a.
The telecommunications support facilities shall not contain more than 120 square feet of gross floor area or be more than 10 feet in height. If telecommunications support facilities are shared by more than one user said facilities shall not exceed 150 square feet of gross floor area or 10 feet in height. Such facilities shall be located on the ground and shall not be located on the roof of the structure, unless alternative architecturally acceptable screening is utilized. A structural analysis shall be provided as set forth below, and that is subject to the review and approval of the Zoning Officer.
b.
If the telecommunications support facilities are located on the roof of a building, the area of the telecommunications support facilities and other equipment and structures shall not occupy more than 25% of the square footage of the roof area.
c.
A structural analysis prepared by a licensed structural engineer must be submitted to the Village and shall include the engineer's certification that the roof of the building where the proposed facilities are to be located possesses the structural integrity to safely support the proposed telecommunications facilities.
d.
Telecommunications support facilities shall comply with all applicable building codes. Required building permits shall be obtained prior to commencing construction of any telecommunications facilities.
10.06 Safety and performance standards.
(1)
Federal requirements. All towers, antenna support structures, antennas and personal wireless service facilities shall meet or exceed the current standards and regulations of the FAA, FCC, and any other agency of the federal government with the authority to regulate such facilities. If such standards and regulations are changed, then the owner(s) of the facilities shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency, or unless facilities are grandfathered by such revised standard. Failure to bring such facilities into compliance with such revised standards and regulations shall constitute grounds for the removal of the wireless service facilities at the owner's expense.
(2)
Building codes; safety standards. To ensure the structural integrity of telecommunications facilities, towers and antennas, the owner shall ensure that they are maintained in compliance with standards contained in applicable the Village building codes and the applicable standards published in the National Electrical Code, as amended from time to time. If, upon inspection, the Village concludes that any telecommunications facility, tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner, the owner shall have 30 days to bring such structure into compliance with such code and/or standard which constitutes a danger to persons or property. Failure to do so within such 30 days shall constitute grounds for the removal of the telecommunications facility, tower or antenna at the owner's expense.
10.07 Applications; information required.
(1)
Identity of owner and lessee: the name, address, telephone number and facsimile number of the owner and lessee of the parcel of land as well as for the owner and operator of the telecommunications facility which is the subject of the application. If the applicant is not the owner of the parcel of land, the written consent of the owner shall be evidenced in the application.
(2)
Alternative site analysis: Each applicant requesting a special use permit under this Article X shall submit an alternative site analysis prepared and attested to by a professional engineer which identifies all reasonable technically feasible alternative sites which would provide the proposed services; a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including topography, radio frequency coverage, tower height requirements, setbacks, drives, adjacent roadways, proposed means of access, parking, fencing, landscaping, adjacent uses; and other information reasonably deemed by the Zoning Officer to be necessary to assess compliance with this Article X.
(3)
Inventory of existing sites: Every applicant shall provide to the Zoning Officer an inventory of its existing telecommunications facilities, towers and antennas, or sites which have been approved for telecommunications facilities, towers and antennas, or for which applications or petitions for approval have already been filed, that are either within the jurisdiction of the Village or within one mile of the border thereof, including specific information about the location, height and design of each telecommunications facility, tower and antenna. The Zoning Officer may share such information with other applicants applying for special use permits under this Article X or with other organizations seeking to locate telecommunications facilities within the jurisdiction of the Village, provided, however that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4)
Code compliance: a statement of compliance with this Code and all applicable federal or state laws and Village ordinances.
(5)
Radio frequency coverage map: current radio frequency coverage prediction maps showing the area served both prior to and after construction of the proposed telecommunications facility and technical performance goals for the desired signal strength.
(6)
Drive test results: drive test results which confirm or refute the areas shown on coverage maps used in planning the system used by the telecommunications provider.
(7)
Engineer's statement: a written statement from a licensed professional engineer(s) that the construction and placement of the telecommunications facility, tower or antenna will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communications services enjoyed by adjacent properties.
(8)
Statement agreeing to removal: a statement by the owner of the parent tract (if the location is leased) agreeing to the terms relating to removal of the facility, as set forth herein.
10.08 Supplemental special use requirements.
(2)
Special provisions. The following provisions relating to special use permits pursuant to this Article X shall supplement the special use provisions set forth in Article V of this Zoning Ordinance.
i.
An applicant for a special use permit shall submit the information described in this Article X, any other information required by this Zoning Ordinance for special uses, and the fees required as set forth in the Annual Fee Resolution to reimburse the Village for the costs of reviewing the application.[1]
[Amended 12-6-2011 by Ord. No. 2011-2979]
ii.
No special use permits authorizing construction of a new antenna support structure or addition to or expansion of an existing antenna support structure or existing building or structure shall be authorized unless the applicant is able to demonstrate that no lawfully preexisting antenna support structure or lawfully preexisting building or structure is available, on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless services.
iii.
In granting a special use permit, the Plan Commission/Zoning Board of Appeals may recommend, and the Village Board may impose conditions necessary to minimize any adverse effect of the proposed facilities on adjoining properties.
[Amended 11-19-2024 by Ord. No. 2024-3804]
iv.
In recommending or granting a special use permit, the Plan Commission/Zoning Board of Appeals may recommend, and the Village Board of Trustees may impose a condition requiring that the applicant allow, on a commercially reasonable and technologically feasible basis, a minimum of one other provider of wireless services to co-locate additional facilities on a tower which is part of the applicant's proposed facility.
[Amended 11-19-2024 by Ord. No. 2024-3804]
v.
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.
vi.
Concurrent with the approval by the Board of Trustees of a special use permit pursuant to this Article X, the applicant shall deposit with the Village a surety bond in the sum of $10,000 ("surety bond"). Said surety bond shall be held by the Village as security for the removal of facilities in accordance with the requirements of this Article X. If the applicant abandons its facilities, antennas, towers, or antenna support structures and the applicant does not remove its facilities, antennas, towers, or antenna support structures as required herein, the Village may use, apply or retain all or a part of the surety bond to compensate the Village for any loss, damage or expense incurred or suffered by the Village in removing the abandoned facilities, antennas, towers, or antenna support structures.
(3)
Additional factors considered in granting special use permits. In addition to the standards identified in Article V of the Zoning Ordinance, the following factors may be considered in determining whether to issue a special use permit:
i.
Height of the proposed antenna or tower.
ii.
Proximity of the antenna or tower to residential structures and residential district boundaries.
iii.
Nature of uses on adjacent and nearby properties.
iv.
Surrounding topography.
v.
Surrounding tree coverage and foliage.
vi.
Design of the antenna, support structure or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
vii.
Demonstrated ability for co-location of antennas by more than one wireless service carrier on the facility proposed to be constructed. Demonstrated ability shall include, but not be limited to, landlord approval if proposed tower site is to be leased, commercially reasonable sublease agreement, facility constructed to structurally accept co-locations, and antenna or tower site of sufficient size to accept co-locations.
viii.
Availability of suitable existing towers and other structures as set forth herein. No new antenna or tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Village that no existing antenna, tower or antenna support structure or other existing structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower, antenna support structure or existing structure can accommodate the applicant's proposed antennas may consist of the following:
a.
No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.
b.
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
c.
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
d.
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
e.
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
f.
The applicant's demonstration that there are other limiting factors that render existing towers and structures unsuitable.
(4)
Term limitation of special use permit. Every ordinance granting approval of a special use permit for a personal wireless services antenna, tower, or antenna support structure may provide that:
i.
Where the provider of personal wireless or telecommunications services is not the owner of the land on which such facility is located, the term of the special use permit is limited to the term of the lease or other agreement granting rights to use the land; and
ii.
The special use permit shall be subject to review by the Board of Trustees, at five-year intervals, to determine whether the technology in the provision of personal wireless or telecommunications services has changed such that the necessity for the special use permit at the time of its approval has been eliminated or modified, and whether the special use permit should be modified or terminated as a result of any such change.
(5)
Special use permit limited to applicant. Every ordinance granting approval of a special use permit pursuant to this Article X shall state that any assignment or transfer of the special use permit or any of the rights there under may be made only with the approval of the Board of Trustees following a public hearing before the Plan Commission/Zoning Board of Appeals and a report and recommendation of the Plan Commission/Zoning Board of Appeals. The Village may require that any applicant for assignment or transfer of a special use permit previously granted hereunder fully comply with the application requirements of this Article X.
[Amended 11-19-2024 by Ord. No. 2024-3804]
10.09 Setbacks and separation.
[Amended 11-19-2024 by Ord. No. 2024-3804]
The following setbacks and separation requirements shall apply to all towers and antennas for which a special use permit is required. The standard setbacks and separation requirements may be reduced on recommendation of the PC/ZBA as approved by the Village Board or Trustees, if the goals of this Article X would be better served thereby.
(1)
Required setback from residential property. Towers shall be set back from the closest adjacent residential principal structure a distance equal to the height of the tower or 20% of the height of the tower from the adjacent property line, whichever is greater.
(2)
Setback requirements. Towers and accessory facilities must satisfy the minimum zoning district setback requirements.
(3)
Setback for towers in excess of 50 feet in height. Towers over 50 feet in height shall not be located within one-quarter of a mile from any existing tower that is over 50 feet in height. To minimize adverse visual impacts associated with the proliferation and clustering of wireless service facilities, installing wireless service facilities with the demonstrated ability for co-location of antennas by more than one wireless service carrier on an existing or new tower; and/or technical evidence acceptable to the Zoning Officer concluding no other site or latest technology could be used to provide the intended services, and denial of the proposed site would create a gap in providing services to the residents of the Village shall eliminate the separation requirement.
10.10 Findings; substantial written evidence of denial.
[Amended 11-19-2024 by Ord. No. 2024-3804]
In the course of reviewing any request for any approval required under this Article X, the PC/ZBA or the Board of Trustees, as the case may be, shall act within a reasonable period of time after the request is duly filed, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record.
10.11 Petition for amendment.
Should the application of this Article X have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the Village, such provider may petition the Board of Trustees for an amendment to this Article X in accordance with the provisions and procedures set forth in Section 5.16 of this Zoning Ordinance.
10.12 Nonconforming facilities.
Any facility installed and operating prior to the enactment of this Article X, which would be prohibited by this Article X, shall be considered a lawful existing nonconforming use and/or structure, as the case may be, and shall be subject to the rules on Nonconforming Buildings, Structures and Uses as set forth in Article IX of this Zoning Ordinance.
10.13 Services of independent technical expert.
[Amended 12-6-2011 by Ord. No. 2011-2979; 11-19-2024 by Ord. No. 2024-3804]
The Plan Commission/Zoning Board of Appeals, Zoning Officer, and the Board of Trustees are authorized to employ an independent technical expert on the Village's behalf to review any technical materials submitted including, but not limited to, those required under this Article X. The applicant shall pay all reasonable costs of said review, including any administrative costs incurred by the Village in the manner provided for in the Annual Fee Resolution.[1] Hourly rates charged by the independent technical expert shall not exceed those hourly rates customarily charged by technical experts within the radio engineering industry. Any proprietary information disclosed to the Village or the expert hired shall remain confidential and shall not be disclosed to any third party.