Pinckneyville City Zoning Code
WIRELESS COMMUNICATIONS
FACILITIES DEVELOPMENT, SITING, AND INSTALLATION STANDARDS
§ 154.360 DEFINITIONS.
Words and phrases used in this section shall have the common meaning unless defined below, or if a definition in this section conflicts with any other definition included in this chapter, the definition of this section shall apply.
ANTENNA ARRAY. One or more rods, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel), and parabolic antenna (disc). The ANTENNA ARRAY does not include the support structure defined below.
ATTACHED WIRELESS COMMUNITY FACILITY (ATTACHED WCF). An antenna array that is attached to an existing building or structure, which structures shall include but not be limited to utility poles, signs, or water towers, with any accompanying pole or device which attaches the antenna array to the structure, and associated connection cables and an equipment facility.
CO-LOCATION/SITE SHARING. Use of a common WCF, or common site by more than one wireless communication license holder for more than one type of communications technology and/or placement of an antenna array on a structure.
EQUIPMENT FACILITY. Any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a build out of an existing structure, pedestals, and other similar equipment.
FAA. Federal Aviation Administration.
FCC. Federal Communications Commission.
FTA. Federal Telecommunications Act of 1996.
HEIGHT. When referring to a WCF, height shall mean the vertical distance measured from the base of the tower to the highest point on the WCF, excluding the antenna array.
SETBACK. The required distance from the property line of the parcel on which the WCF is located to the base of the support structure and equipment facility where applicable, or in the case of the guy-wire supports, the guy anchors.
SUPPORT STRUCTURE. A structure designed and constructed specifically to support an antenna array and may include a monopole, self-supporting (lattice) tower, guy-wire-support tower and other similar structures.
TEMPORARY WIRELESS COMMUNICATIONS FACILITY (TEMPORARY WCF). A WCF to be placed in use for 60 or fewer days.
TOWER AND/OR ANTENNA USE PERMIT (TAP). A permit issued by the city specifically for the location, construction, use and compliance with the development standards of a proposed WCF.
WIRELESS COMMUNICATIONS. Any wireless service as defined in the Telecommunications Act of 1996, Title 47, U.S.C., and as it may be amended, including, but not limited to, facilities for the transmission and reception of radio, television, or microwave signals used for communication, cellular phone, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and other wireless services licensed by the FCC and unlicensed wireless services.
WIRELESS COMMUNICATION FACILITIES. Any staffed or unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, equipment facility, and a support structure to achieve the necessary elevation.
(Ord. O-2014-06, passed 8-11-14)
§ 154.361 APPLICABILITY.
(A) New wireless communications facilities. No person, firm, or corporation shall install or construct any new WCF, unless and until a tower and/or antenna use permit (TAP) is issued by the Zoning Administrator of the city pursuant to the requirements of this section.
(B) Nonconforming or pre-existing wireless communications facilities. WCF’s which exist within the jurisdiction of this subchapter at the time of passage shall, not be required to meet the requirements of this section, unless expansions or additions are requested. Alterations to a support structure, or the addition of antenna arrays to a structure, must meet the requirements of this section and may be completed after appropriate permits are issued.
(C) Exemptions. The provisions of this section shall not apply to a ground or building mounted receive-only radio or television antenna used for residential purposes; a ground or building mounted citizens band radio antenna; a ground, building or tower mounted antenna operated by a federally licensed amateur (ham) radio operator; and satellite dish antennas less than 36 inches in diameter for residential purposes, including direct to home satellite services, when used as a use accessory to the residential use of the property. Such installations shall comply with other applicable provisions of the Zoning Chapter.
(Ord. O-2014-06, passed 8-11-14)
§ 154.362 SHARED FACILITIES AND CO-LOCATION.
All new WCF’s shall be engineered, designed, and constructed to be capable of sharing the facility with other applicants, to co-locate with other existing WCF’s, and to accommodate the future co-location of other WCF’s. A tower and/or antenna use permit shall not be issued until the applicant proposing a new WCF shall demonstrate that it has made, in reasonable good faith, an attempt to locate its WCF onto an existing structure. Competitive conflicts and financial burden alone are not deemed to be adequate reasons against co-location.
(Ord. O-2014-06, passed 8-11-14)
§ 154.363 INVENTORY OF EXISTING SITES.
Upon adoption of this section, all wireless communication service providers operating within the corporate limits of the city shall register with the Zoning Administrator of this jurisdiction. Information provided shall include an inventory of existing WCF towers and/or antennas, their respective locations, height, and design.
(Ord. O-2014-06, passed 8-11-14)
§ 154.364 PREFERENCE LOCATIONS FOR WIRELESS COMMUNICATION FACILITIES.
The order of preference for locating new WCF’s within the city shall be as follows:
(A) Locating antenna attachments to existing support structures or to existing buildings or other structures which shall include but not be limited to utility poles, signs, and water towers. All antenna attachments shall be permitted subject to § 154.368, Development Standards, as described in this section.
(B) Locating new support structures on land that meets all of the following requirements:
(1) The site is located on property zoned General Industrial (G-l), Highway Business (C-2), or Non-Urban (N-U).
(2) The site has a setback distance as described in § 154.368, Development Standards.
(3) The site has a minimum spacing requirement distance of 1,000 feet from any other support structure greater than 100 feet in height.
(4) The support structure meets the height limitations as described in § 154.368, Development Standards. The Zoning Administrator, who, upon verification of compliance, shall issue a TAP, shall deem support structures on these lands permissible.
(C) Locating new support structures on any other lands not meeting the requirements in division (B) above, and within the city’s zoning jurisdiction. support structures proposed for constructions on these lands shall be permitted only through the special use permit process as articulated in § 154.036. When applying for a special use permit, the applicant shall, provide the city with adequate information to establish that no other lands included in divisions (A) or (B) above can be made suitable for the applicant’s proposed WCF’s in accordance with this section. The applicant shall also provide adequate information demonstrating that a failure to locate on the proposed site shall cause substantial financial burden and loss of service to the applicant’s users.
(Ord. O-2014-06, passed 8-11-14)
§ 154.365 REVIEW PROCEDURES.
(A) Permitted wireless communications facilities that meet the development standards as described in § 154.368 shall be permitted by administrative review of the Zoning Board of Appeals.
(B) Wireless communications facilities permitted by special use permitting process. All other proposed WCF’s not included in division (A) above shall be subject to the special use permit process as described in § 154.036.
(C) Temporary wireless communications facilities. Temporary WCF’s may be permitted by administrative review of the Zoning Commission for a term not to exceed 90 days. Once granted, a temporary WCF permit may be extended for an additional 60 days upon evidence of need by the applicant. Upon termination of approval, the temporary WCF shall be removed immediately at the owner’s expense.
(Ord. O-2014-06, passed 8-11-14)
§ 154.366 REQUIRED SUBMITTALS FOR TOWER AND/OR ANTENNA USE PERMIT (TAP).
All requests for a WCF, regardless of type, shall submit an application for a tower and/or antenna use permit (TAP) on forms prescribed by the city and attach the following:
(A) Scaled site plan.
(B) Scaled elevation plan.
(C) Color rendering and/or photo simulation(s) of the proposed tower with its antennae, all facilities and required landscaping viewed from the nearest street or streets.
(D) Copy of the FCC license of each proposed user of the tower, or in the case of new towers, approval from the FCC to construct the tower to demonstrate that all federal and state requirements have been met, including but not limited to applicable requirements imposed by the National Environmental Policy Act (NEPA), the Federal Aviation Administration (FAA), and the State Historic Preservation Office (SHPO) of the State of Illinois.
(E) Other support drawings, calculations, surveys, and other documentation, signed and sealed by appropriate Illinois licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the Zoning Administrator to be necessary to assess compliance with this section.
(F) Copy of a Co-Location Agreement wherein the applicant acknowledges that a condition to granting any TAP is the applicant’s ongoing commitment to make available and reasonably market co-location sites on each new tower.
(H) A non-refundable one-time $250 processing fee and a $3,000 performance deposit refundable upon compliant project completion.
(Ord. O-2014-06, passed 8-11-14)
§ 154.367 APPROVAL PROCESS.
(A) Administrative review procedure. The following administrative review process shall apply to all WCF applications eligible for administrative review.
(1) Review authority. Review of proposed WCF’s under this section shall be conducted by the Zoning Administrator upon filing a TAP application.
(2) Review criteria. Each TAP application shall be reviewed for compliance with the development standards specified in § 154.368.
(3) Timing decision. The Zoning Administrator shall render a decision on the TAP application by written response to the applicant within 20 business days after receipt of the complete application, except that the applicant may agree upon an extension.
(4) Application approval. If the TAP application is in compliance with the development standards in § 154.368, and otherwise meets the requirements of this section, the Zoning Administrator shall issue a TAP.
(5) Application denial/appeal process. If the Zoning Administrator denies administrative approval, the reason for denial must be made to the applicant in writing. The applicant may appeal the denial to the Zoning Board of Appeals. The Zoning Board of Appeals shall hear the appeal within ten days of receiving a written request from the applicant. The Zoning Board of Appeals shall submit a written determination on the appeal to the applicant and to the Zoning Administrator within five working days of the conclusion of the appeal hearing. If the Zoning Board of Appeals denies administrative approval, the applicant may appeal the denial to the City Council for final determination in approving or denying the TAP application.
(B) Special use permit review procedure. The following shall apply to all TAP applications requiring submission to the Zoning Board of Appeals for review in accordance with § 154.036, Special Use Permits. The Zoning Board of Appeals shall consider the following in reaching a decision:
(1) Review criteria. Each TAP application shall be reviewed for compliance with the development standards set forth in § 154.368.
(2) Tower siting conditions. The Zoning Administrator may require that conditions and restrictions on the application or on the premises benefited by the TAP, as it deems necessary to reduce or minimize any adverse effects and to enhance the compatibility of the WCF with the surrounding property, in accordance with the purposes and intent of this subchapter.
(3) Factors in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to § 154.036, the Zoning Board of Appeals shall consider the following factors while reviewing TAP applications on new towers:
(a) Height of the proposed tower;
(b) Proximity of the 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; and
(f) Proposed ingress and egress.
(4) Availability of suitable existing towers, other structures or alternative technology. No new support structure shall be permitted unless the applicant submits a written brief demonstrating that no existing tower, structure, or alternative technology that does not require the use of towers or structures, can accommodate the applicant’s proposed WCF. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed WCF shall be prepared by a qualified and licensed Illinois professional engineer and may consist of one or more of the following:
(a) Existing towers or structures are not located within a reasonable geographic area, which meet the applicant’s engineering requirements.
(b) Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements.
(c) Existing towers or structures can not be altered to provide sufficient structural strength.
(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 based upon market information. Costs exceeding new tower development are presumed to be unreasonable.
(f) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g) The applicant demonstrates that an alternative technology that does not require the use of towers or structures is unsuitable.
(h) Applicants are required to demonstrate by providing proof of certified mailings or other reasonable means:
1. That they have contacted the owners of reasonably suitable structures within a 1,000 foot radius of the proposed site and, which from a location standpoint, could provide part of a network for transmission of signals;
2. Have asked for permission to install the antenna on those structures; and
3. Were denied for reasons other than economic feasibility.
(Ord. O-2014-06, passed 8-11-14)
§ 154.368 DEVELOPMENT STANDARDS.
Development standards for wireless communications facilities shall include the following standards:
(A) Height standards.
(1) Attached WCF’s are exempt from any height standard. The following height standards shall apply to support structure installations and shall supersede the height limitations of the zoning districts in this Zoning Chapter:
(2) WCF’s in the General Industrial, Non-Urban, and Highway Business districts shall be restricted in height according to their relationships from adjacent districts as follows:
(a) WCF’s in the G-l, N-U, and C-2 districts may be no higher than 100 feet when sited within 250 feet of a Residential (R-1 or R-2) District.
(b) WCF’s in the G-l, N-U, and C-2 districts may be no higher than 200 feet when sited within 500 feet of a Residential (R-1 or R-2) District.
(c) WCF’s in the G-l, N-U, and C-2 districts may be no higher than 300 feet beyond 500 feet of a Residential (R-1 or R-2) District.
(d) All WCF’s with support structures exceeding 150 feet above ground level shall be engineered so as to accommodate at least three antenna arrays.
(e) No WCF shall be sited or built so as to interfere with the ingress or egress of helicopter traffic at a local hospital.
(B) Setback standards. The following setback standards shall apply to all WCF installations:
(1) All support structures shall be constructed to comply with the setback provisions of the zoning district in which they are located. In no instance shall any support structure be less than ten feet from any lot line.
(2) Attached WCF’s are exempt from any setback standard, but shall in no instance overhang or encroach upon the property of another or any public right-of-way. An antenna array may extend up to five feet horizontally beyond the edge of an attachment structure so long as the antenna array does not encroach upon any adjoining parcel.
(3) Equipment facilities and guy anchors, if permitted, must satisfy the setback requirements of the zoning district in which they are located.
(C) Landscaping. The following landscaping requirements shall be maintained by the applicant and shall apply to all new WCF installations:
(1) Support structures and attached WCF’s with new building construction shall be landscaped around the perimeter of the security fencing by a row of evergreen or evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least ten feet. Trees shall be a minimum of one and one-half inch caliper, or shrubs a minimum of 36 inches tall, at the time of planting.
(2) Existing mature tree growth and natural landform on the site shall be preserved to the extent feasible, provided that vegetation that causes interference with the antennas or inhibits access to the equipment facility may be trimmed or removed.
(3) Existing vegetation on a WCF site may be used in lieu of required landscaping where approved by the Zoning Administrator.
(4) Grading for the new WCF shall be limited only to the area necessary for the new facility.
(D) Aesthetics, materials, and colors. The following standards shall apply to all WCF installations:
(1) Support structures shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, or such shades as are appropriate and compatible with the surrounding environment, so as to reduce visual obtrusiveness.
(2) Antenna array attachments and supporting electrical and mechanical equipment shall be of a color that is identical to, or closely compatible with, the color of the attachment structure so as to make the antenna array and related equipment as visually unobtrusive as possible.
(E) Security fencing. An opaque security fence not less than six feet in height shall enclose WCF’s with support structures.
(F) Lighting. The following lighting requirements shall apply to all WCF installations. WCF’s shall not be artificially illuminated, directly or indirectly, except for:
(1) Security and safety lighting of equipment buildings, if such lighting is appropriately shielded to keep fight within the boundaries of the site; and
(2) Such illumination of the WCF as may be required by the FAA or other applicable authorities, installed in a manner to minimize impacts on adjacent dwellings.
(G) Signage. WCF’s shall not display any signage, logos, decals, symbols, or any messages of a commercial nature, except for a message containing provider identification and emergency telephone numbers and other emergency warning information as may be required by local, state, or federal regulations governing WCF’s.
(H) Radio frequency emissions/sound. The following radio frequency emissions standards shall apply to all WCF installations:
(1) Radio frequency impact. Applicants for WCF’s shall be required to provide information with the application on the measurement of the effective radiated power of the facility to document that the facility complies with all applicable FCC standards.
(2) Sound prohibited. No unusual sound emissions such as alarms, bells, buzzers, or the like are permitted.
(I) Structural integrity. WCF’s with support structures shall be constructed and maintained in compliance to the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222-E Standard entitled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” or equivalent, as it may be updated and amended. Each support structure shall be capable of supporting multiple antenna arrays.
(J) Co-location support structure design. To encourage co-location of WCF’s, all WCF’s shall be designed to accommodate multiple antenna arrays in accordance with the development standards prescribed in § 154.368, Height Standards.
(K) Co-location agreement. All applicants for WCF’s are required to submit a Co-Location Agreement with the tower and/or antenna use permit (TAP) application agreeing to allow and reasonably market co-location opportunities to other WCF users. The agreement shall include the applicant’s policy regarding the co-location of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged to other providers. The Co-Location Agreement shall be considered a condition of issuance of a TAP. A TAP shall not be issued unless the applicant complies with the Shared Facilities and Co-Location Policy outlined in § 154.362.
(L) Other applicable regulations. All towers must meet or exceed current standards and regulations of the National Environment Policy Act (NEPA), State Historic Preservation (SHPO), Federal Aviation Administration (FAA), Federal Commerce Commission (FCC), and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this subchapter shall bring such towers and antennas.
(Ord. O-2014-06, passed 8-11-14)
§ 154.369 NONCONFORMING WIRELESS COMMUNICATION FACILITIES.
WCF’s in existence prior to the date of adoption of this subchapter which does not comply with requirements of this subchapter shall be considered nonconforming wireless communications facilities and are subject to the following provisions:
(A) Expansion. Nonconforming WCF’s may continue in use for the purpose now used, but may not be expanded without complying with this subchapter, except as further provided in this subchapter.
(B) Additions. Nonconforming WCF’s may add additional antennas subject to review and approval by the Zoning Administrator under this subchapter.
(C) Repairs or reconstruction. Nonconforming WCF’s 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 subchapter. Provided, however, that if the damage to the WCF exceeds 50% of the replacement cost, said WCF may only be reconstructed or repaired in compliance with this subchapter.
(D) All nonconforming WCF not in use as a WCF for a period of 12 consecutive months or longer, which is thereafter determined to be abandoned by the Zoning Commission as defined herein, shall no longer be a nonconforming use.
(Ord. O-2014-06, passed 8-11-14)
§ 154.370 ABANDONED WIRELESS COMMUNICATIONS FACILITIES.
Any WCF that has not operated for a continuous period of 12 months shall be considered abandoned, unless the owner of the WCF provides evidence to the satisfaction of the Zoning Administrator that reasonable good faith attempts have been made to market the WCF to a provider pursuant to the requirements of this subchapter.
(Ord. O-2014-06, passed 8-11-14)
§ 154.371 REMOVAL OF ABANDONED WIRELESS COMMUNICATIONS FACILITIES.
The city, at its election, may require the owner of an abandoned WCF to remove the WCF within 90 days from the date owner receives notice from WCF to remove the WCF. If there are two or more users of a single WCF, this provision shall not become effective until all providers cease to use the WCF. If the owner of an abandoned WCF cannot be located, or is no longer in business, the requirements of this subchapter shall be the responsibility of the landowner on whose property the WCF is located.
(Ord. O-2014-06, passed 8-11-14)
§ 154.372 REVOCATION OF TOWER AND ANTENNA USE PERMITS.
(A) The city may revoke any TAP issued pursuant to this subchapter after a hearing as provided hereinafter, if the Zoning Commission finds that any permit holder has violated any provision of this subchapter, or the conditions, restrictions or additional development standards of an approved special use; or has failed to make, in reasonable good faith, efforts to provide or seek co-location, the Zoning Commission shall notify the permit holder in writing that the TAP is revocable due to the permit holder’s noncompliance with the conditions of the permit. The Zoning Commission shall convene a meeting with the permit holder no later than 30 days from the date of the letter. The Zoning Commission may require the permit holder to correct the violation within a reasonable amount of time or may recommend to the Zoning Board of Appeals that the TAP be revoked.
(B) The Zoning Administrator shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The time for correction of the deficiencies shall not exceed 60 days. The permit holder shall provide the Zoning Administrator with evidence that the corrective action has been taken. Should the permit holder fail to correct the deficiencies in the time required, the Zoning Administrator shall request that the City Council convene a public hearing to consider revocation of the TAP. The hearing shall be conducted pursuant to notice by publication in a newspaper of general circulation in the city not less than 15 days prior to the hearing. The permit holder may be represented by an attorney and may cross-examine opposing witnesses. Other interested persons may comment. The Zoning Board of Appeals may impose reasonable restrictions with respect to time and procedure of the hearing. The proceedings shall be recorded. After the appropriate public hearing, the Zoning Board of Appeals may revoke the TAP upon receipt of evidence, which proves by a preponderance of the evidence that the permit holder has violated or is in noncompliance with the provisions of this subchapter. Upon such determination, the Zoning Board of Appeals may revoke the permit upon such terms and conditions as it sees as reasonable.
(Ord. O-2014-06, passed 8-11-14)
§ 154.373 PENALTY.
Any violation of any provisions of this subchapter shall be subject to a fine, not to exceed $1,000 for any one specified violation. Each day a violation continues shall be considered a separate offense. Any fine or penalty resulting from violations of this subchapter is not intended to conflict with the provisions for penalties elsewhere in the Zoning Chapter. In addition, nothing stated herein shall prohibit the city from exercising any other legal remedy provided under law.
(Ord. O-2014-06, passed 8-11-14)