It is the intent and purpose of this article to permit antennas and satellite dishes where they can be installed with minimal visual impact by encouraging collocation and other aesthetic measures, without creating adverse economic or safety impacts and promoting the health, safety and general welfare of the community. Furthermore, it is the intent of this article to ensure compliance with Federal Communications Commission (FCC) regulations as they relate to the promotion of universal service and competitive contracting by ensuring fairness through the creation of clear and objective approval criteria.

(Ord. No. 21-5231, § 2, 4-12-2021)

(a)

Required. Building and electrical permits shall be required prior to the erection of an antenna or satellite dish, except as provided for in this section. The plans and specifications shall meet or exceed the applicable requirements of chapter 22, buildings and building regulations.

(b)

Exceptions.

(1)

The private use of an antenna or satellite dish for the reception or transmission of radio or television signals, ham radio signals, or citizen band transmissions, of a height no greater than 45 feet, is exempt from the requirements of an engineering report or special use permit.

(2)

The private use of an antennae or satellite dish for the reception or transmission of radio or television signals, ham radio signals, citizen band transmissions, cellular, microwave, or other electronic or light transmissions, of a height no greater than 150 feet, is exempt from the requirements of an engineering report or special use permit if located in an I-3 zoning district, provided said height is within the allowable airport protected airspace limitations.

(Ord. No. 21-5231, § 2, 4-12-2021)

(a)

Federal Communications Commission requirements. All antennas, towers, and satellite dishes shall comply with all Federal Communications Commission (FCC) requirements.

(b)

Maximum number on lot. Each business or residential lot shall have not more than one antenna, tower, or satellite dish, except for radio or television studios or amateur radio operators licensed by the FCC. Businesses selling satellite dishes shall be allowed a maximum of three satellite dishes located outdoors and only one of these shall be allowed in front of the building.

(c)

Location on lot. An antenna, tower, or satellite dish shall be located in the side or rear yard. In the situation of a corner lot, the antenna, tower, or satellite dish shall not be closer to the adjoining side street than the principal building.

(d)

Placement on roof. In the event that a usable satellite signal cannot be obtained from the rear yard or side yard of the property, such antenna, tower, or satellite dish may be placed on the roof of a building subject to the other requirements of this section.

(e)

Visibility; screening. Satellite dishes shall not be visible between the ground level and ten feet above ground from any street adjoining the property. Screening used to achieve this requirement shall be in compliance with the building code and the provisions of this chapter.

(f)

Maximum size; color. Within residential zoning districts, the diameter of satellite dishes shall not exceed 12 feet. The dish and supporting structure shall be neutral in color and shall, as much as possible, blend with the character and appearance of the neighborhood.

(g)

Advertisements. No antenna or satellite dish shall be used or serve as a sign or bear an advertising emblem other than the name of the manufacturer in letters not to exceed two inches in height.

(h)

Guy wires. Guy wires, only where necessary, shall not be anchored within any front yard area but may be attached to the building.

(i)

Safety wire. Whenever an antenna is installed within a distance less than the height of the tower to power or telephone lines, or where damage would be caused by its falling, a separate safety wire must be attached to the antenna or mast or tower and secured in a direction away from the hazard.

(j)

Installation and materials. Antennas, towers, and satellite dishes shall meet and be installed according to all manufacturers' specifications. The mast or tower shall be constructed of noncombustible materials, unless otherwise approved by Underwriters' Laboratories (UL). Brackets, turnbuckles, clips, and similar type equipment shall be protected with materials approved by Underwriters' Laboratories (UL).

(k)

Setbacks. Antennas, towers, or satellite dishes shall meet the setback requirement for a primary structure for the zoning district in which the facilities are located.

(l)

Exemption for residential use. The residential use of an antenna or satellite dish for the reception of radio of television signals, ham radio signals, or citizen band transmissions in excess of 45 feet shall be considered a Special Use and shall meet the requirements of section 110-31, special uses, but will be exempt from the requirements of section 110-455, special uses.

(m)

Exemptions for I-3 district. Notwithstanding anything contained herein to the contrary, the provisions of subsections (b) through (f) of this section shall not be deemed to apply in I-3 zoning districts.

(Ord. No. 21-5231, § 2, 4-12-2021)

The following uses are prohibited: Towers or antennas in residential districts: a tower or antenna used for any commercial or other nonresidential purposes, including the placement of other support equipment or buildings, used in connection with the tower or antenna in any residential district, including the planned unit development district, except by special use as provided in section 110-455, special uses.

(Ord. No. 21-5231, § 2, 4-12-2021)

(a)

Collocating antennas on existing towers in industrial or commercial zones, or on publicly owned property, or antennas on an existing communication tower of any height, is permitted, provided that:

(1)

The additional antennas are cumulatively no more than 22 feet higher than the existing tower;

(2)

The antenna is neutral in color; and

(3)

A qualified engineer submits evidence that the existing structure can adequately support the proposed collocation apparatus.

(b)

Collocating antennas on existing non-tower structures in industrial or commercial zones, or on publicly owned property, or antennas on an existing structure other than a tower (such as a building, water tank, sign, utility pole, power pole, or other structure), is permitted, provided that:

(1)

The additional antennas are cumulatively no more than 22 feet higher than the existing structure;

(2)

The antenna is neutral in color; and

(3)

A qualified engineer submits evidence that the existing structure can adequately support the proposed collocation apparatus.

(3)

Notwithstanding anything contained herein to the contrary, in I-3 zoning districts, collocating antennas on existing towers and collocating antennas on existing non-tower structures shall be a permitted use unless otherwise prohibited by Federal Aviation Administration (FAA) airspace limitations, the cumulative height of the additional antennas on the existing towers or non-tower structures shall not exceed 22 feet more than the maximum allowable height requirements in section 110-54, building heights and yards, and section 110-142, I-3 heavy industrial district.

(Ord. No. 21-5231, § 2, 4-12-2021)

The following uses may be permitted under the conditions and requirements specified in section 110-31, special uses, in addition to those outlined below:

(1)

Collocating antennas on existing non-tower structures or existing commercial towers in residential districts: antennas on an existing structure (such as a building (excluding dwelling units), water tank, sign, utility pole, or other structure), provided that:

a.

The additional antennas are cumulatively no more than 22 feet higher than the existing structure;

b.

The antenna is neutral in color; and

c.

A qualified engineer submits evidence that the existing structure can adequately support the proposed collocation apparatus.

(2)

Towers or antennas in commercial or industrial zones or on publicly owned property: antennas or towers of any height, including the placement of other supporting equipment and accessory buildings. Any equipment shelter shall comply with development standards (i.e., setbacks, height limitations, bulk, etc.) of the property's zoning district classification.

(Ord. No. 21-5231, § 2, 4-12-2021)

In addition to the requirements of section 110-31, special uses, the applicant shall be required to submit information that includes, but is not necessarily limited to, how the proposed special use will satisfy the following conditions:

(1)

Points of visual interest to be protected. Views from residential structures located within 250 feet of the proposed antenna or tower to the following points of visual interest shall be protected to the greatest practical extent:

a.

Public open spaces.

b.

Natural areas as defined on the development plan.

c.

Landmark structures.

(2)

Methods for protecting points of visual interest. The following standards shall be used to protect the above identified points of visual interest to the greatest practical extent if views from a residential structure located within 250 feet from a proposed antenna or tower to a point of visual interest specifically identified above, are significantly impacted. The applicant shall:

a.

Examine locations within the same area where such visual impacts can be minimized.

b.

Investigate alternative tower designs that can be used to minimize the interruptions of views from the residence to the point of visual interest.

c.

Minimize visual impacts to the point of visual interest referred to above, by demonstrating that collocation or the use of other structures within the service area is not feasible at this time.

d.

Minimize visual impacts by varying the setbacks or landscape standards that would otherwise be applicable, so long as the overall impact of the proposed development is as good as or better than that which would otherwise be required without said variations.

(3)

Color. Antennas or towers and their support structures shall be a neutral color that is the same or similar in color as the supporting structure to make the antenna and equipment as visually unobtrusive as possible, unless otherwise specified under Federal Aviation Administration (FAA) standards.

(4)

Height. Antennas or towers shall not exceed the maximum building height plus 15 feet, in the zoning district in which it is located, applicants who wish to exceed this height shall provide evidence demonstrating the need for exceeding this maximum standard.

(5)

Preapplication requirement.

a.

Purpose. The purpose of this requirement is to create a process that will allow providers to equitably share publicly available, nonproprietary information among themselves, with interested persons and agencies, and with the city, at the time the provider schedules a preapplication conference with the city. This collocation protocol is designed to increase the likelihood that all reasonable opportunities for collocation have been investigated and that the appropriate information has been shared among the providers. The city recognizes that collocation is preferable, where technologically feasible and visually desirable, as a matter of public policy, but that collocation of antennas by providers is not always feasible for technical or business reasons. However, if all licensed providers are made aware of any pending tower or antenna permit requests, such disclosure will allow providers to have the maximum amount of time to consider possible collocation opportunities and will also assure the city that all reasonable accommodations for collocation have been investigated.

b.

Collocation request letter requirement. At the time of preapplication conference, the applicant shall demonstrate that the following notice was mailed to all other providers rendering service within the city:

"Pursuant to the requirements of (Sec. 110-206), (applicant name) is hereby providing you with notice of our intent to meet with the City of Rochelle in a pre-application conference to discuss the location of a wireless communication facility that would be located at (property address). In general, we plan to construct a support structure of (height) feet in height for the purpose of providing (Cellular, PCS, etc.) service.

Please inform us whether you have any existing or pending antenna or tower facilities located within (distance) feet of the proposed facility that may be available for possible collocation opportunities. Please provide us with this information within ten business days after the date of this letter. Your cooperation is appreciated.

Sincerely, (applicant name)"

c.

Setback from adjacent residential property. Antennas or towers shall be set back from any existing adjacent residential property line by a distance equal to the height of the tower, unless building plans are submitted demonstrating that the tower will collapse within itself. Such building plans shall be affixed with the seal of a certified structural engineer.

d.

Lighting. None allowed except as required by the Federal Aviation Administration (FAA).

e.

Fencing and security. For security, antennas or towers and ancillary facilities shall be enclosed by a fence not less than six feet in height.

f.

Landscaping and screening. Landscaping shall be placed outside the required fence area on side facing public rights-of-way or residential areas and shall consist of a fast-growing vegetation with a minimum planted height of four feet, spaced evenly at intervals equal to twice the expected width of the plant material. Any landscaping standards (article VII, landscaping) of the property's zoning district shall also apply.

g.

Noise. Noise generating equipment shall be sound buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line to 30 dB(A) when adjacent to residential areas and 45 dB(A) in other areas.

h.

Tower design. Towers shall generally be designed without the use of guy wires or external supports. In instances where such a requirement may not be feasible, appropriate documentation shall be provided by the petitioner, demonstrating why such a tower is not feasible. The applicant will offer alternatives to the design so as to minimize the visual impact of the tower.

i.

Collocation protocol. Any special use request for the erection of a new tower shall complete the collocation protocol as outlined in section 110-457, collocation protocol.

(Ord. No. 21-5231, § 2, 4-12-2021)

If a response to a collocation request letter is received by an applicant indicating an opportunity for collocation, the applicant shall analyze the feasibility of collocation. This analysis shall be submitted with an application for any support structure.

(1)

Required information. The investigation of the feasibility of collocation shall be deemed to have occurred if the applicant submits all of the following information:

a.

A statement from a qualified engineer indicating whether the necessary service can or cannot be provided by collocation at the possible location site;

b.

Evidence that the lessor of the possible collocation site either agrees or disagrees to collocation on his property;

c.

Evidence that adequate access does or does not exist at the possible collocation site to accommodate needed equipment and meet all of the site development standards.

d.

Evidence that adequate access does or does not exist at the possible collocation site.

(2)

Result of analysis. If the applicant has provided information addressing each of the criteria in subsection (1) of this section, the collocation protocol shall be deemed complete.

(Ord. No. 21-5231, § 2, 4-12-2021)

An antenna or satellite dish that has been discontinued for a period of six consecutive months or longer is hereby declared abandoned. Abandoned facilities shall be removed by the property owner within 90 days of abandonment. Failure to remove an abandoned facility is declared a public nuisance and is subject to penalties as outlined in this Code.

(Ord. No. 21-5231, § 2, 4-12-2021)