This chapter shall hereafter be known, cited and referred to as THE TAYLORVILLE COMMUNICATION ANTENNA CODE (hereinafter referred to as "code"). (Ord. 2956, 3-20-2000)

   A.   The purpose of the regulations set forth in this chapter is to further an overall plan for the enhancement of public safety, consistent community development, preservation of property values and the general welfare of the city. In order to accommodate the communication needs of the residents and businesses while protecting the public health, safety and general welfare of the city, the regulations are further intended to: facilitate the provision of wireless telecommunication services to the residents and businesses of the city; nonetheless preserve and protect property values; avoid potential damage to adjacent properties from tower failure; lessen congestion of land and air space; provide against undue concentrations of telecommunication antennas and antenna facilities which may create adverse visual effects and detraction from a neighborhood's character; establish reasonable standards for private and commercial use of telecommunications antennas; preserve the attractive character of the city; and recognize that the general welfare of the public includes a community plan that provides for a community that shall be beautiful as well as healthful, spacious as well as clean, and well-balanced in its growth and development.

   B.   The promotion of public health, safety, and welfare is to be accomplished by reducing the distractive characteristics of telecommunications antenna facilities or towers and ensuring that unless otherwise necessary telecommunication towers or antenna facilities shall not be located in an established residential neighborhood.

   C.   The regulations in this chapter expressly distinguish between direct satellite dishes, amateur radio operator antennas, and commercial antennas. This distinction is necessary in order to ensure compliance with the federal aviation administration (FAA) and federal communications commission (FCC) policies and requirements as they affect the telecommunication industry. (Ord. 2956, 3-20-2000)

Any telecommunication antenna not expressly permitted by this chapter is prohibited in the city. All telecommunications antennas shall comply with all applicable provisions of the building, electrical and municipal codes of the city, rules promulgated by the federal aviation administration (FAA), the federal communications commission (FCC), the Taylorville airport hazard zoning regulations if any and the standards and regulations of any other agency of the state, federal or local unit of government with authority to regulate antennas. Notwithstanding any provisions in this chapter to the contrary, this chapter shall not apply to, prohibit, or govern the city's right to place, install, construct, maintain, fix, or locate any and all telecommunication antenna(s) or telecommunication antenna facility (facilities) on city property or city right(s) of way or on property where the city has an easement. (Ord. 3012, 2-20-2001)

   A.   Rules Of Construction: The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:

      1.   The singular number includes the plural and the plural the singular;

      2.   The present tense includes the past and future tenses, and the future tense includes the present;

      3.   The word "shall" is mandatory, while the word "may" is permissive;

      4.   The masculine gender includes the feminine and the neuter genders;

      5.   Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definitions hereof; and

      6.   All measured distances shall be to the nearest integral foot. If a fraction is one-half foot (1/2') or more, the integral foot next above shall be taken.

   B.   Definitions: Where a definition of a term is not specifically set forth herein, such term shall be defined as set forth, if applicable, in title 9 of this code and this title. The following definitions shall also apply:

   COMMERCIAL MOBILE SERVICES: Mobile services that are for profit, are available to the public or a substantial portion of the public, and provide subscribers with the ability to access or receive calls from the public switched telephone network – examples are personal communication services (PCS), cellular radio mobile service and paging.

   HEIGHT: The vertical measurement from the ground to the vertical apex of the telecommunication antenna facility.

   PERSONAL COMMUNICATION SERVICES: A digital, radio-based service that transmits and receives low-powered electronic signals through networks of linked transmitter/receiver sites with each transmitter/receiver or base station covering smaller areas.

   PERSONAL WIRELESS FACILITIES: Transmitters, receivers, antenna facilities and other types of installation used for the provision of personal wireless services.

   PERSONAL WIRELESS SERVICES: Commercial mobile services, cellular telephone services, specialized mobile radio services (SMR), unlicensed wireless services, and common carrier wireless exchange access services, as now or hereafter defined in title 47 United States Code, section 323(C)(7)(c).

   RADIO BROADCAST: Traditional AM and FM radio broadcasts and amateur radio broadcasts (HAM radio).

   SATELLITE DISH ANTENNA: A telecommunication antenna shaped like a bowl or dish and used to transmit and/or receive wireless transmission of radio, data, or video from a satellite orbiting the earth.

   TELECOMMUNICATION ANTENNA: A device affixed to the ground, a building or other structure which device is capable of transmitting, receiving, or relaying radio waves. Telecommunication antenna includes, but is not limited to, devices capable of transmitting, receiving or relaying radio waves supporting the following types of communication:

      1.   Television broadcast, multi-channel multi-point distribution (wireless cable), direct broadcast satellites (DBS).

      2.   Radio broadcast (including AM, FM, and amateur radio antennas).

      3.   Wireless telecommunications, wireless transmitting, receiving, or relaying services, personal wireless services, commercial mobile services, cellular telephone services, specialized mobile radio services (SMR), unlicensed wireless services and common carrier wireless exchanges access services.

   TELECOMMUNICATION ANTENNA FACILITY: The antenna, mast, pole, latticework, structure, tower, building, equipment and other supporting material used to mount and operate an antenna.

   UNLICENSED WIRELESS SERVICE: The offering of telecommunication services using duly authorized devices which do not require individual licenses by FCC, but does not mean the provision of direct-to-home satellite services. (Ord. 2956, 3-20-2000; amd. Ord. 3012, 2-20-2001)

   A.   Telecommunication antennas and telecommunication antenna facilities are permitted in R-1 and R-2 residence districts, as follows:

      1.   Accessory use satellite dish receiving antennas exceeding one meter (1 m) in diameter shall be permitted on the following conditions:

         a.   Such antennas and facilities shall be located only on a roof or in rear yards and no closer than five feet (5') from a side or rear lot line and outside of easements of record; and

         b.   The vertical apex of the telecommunication antenna facility shall not exceed fifteen feet (15') in height from ground level for ground mounted, and fifteen feet (15') in height from roofline (at the point where mounted) for roof mounted.

      2.   Satellite dish antennas, one meter (1 m) or less in diameter, television broadcast receiving antennas, multi-channel multi- point distribution receiving and/or transmitting antennas, radio broadcast receiving antennas, and amateur radio antennas (receiving and transmitting), provided all such antennas and facilities are accessory use antennas and facilities, shall be permitted on the following conditions:

         a.   Such antennas and facilities shall be located only on a roof or in rear or side yards unless such restriction precludes reception of an acceptable quality signal. In such case such antennas and facilities may be placed anywhere on the lot except within an easement of record. Proof of inability to receive an acceptable quality signal shall be provided to the health and building and zoning enforcing officer upon request; and

         b.   The vertical apex of the telecommunication antenna facility shall not exceed the greater of the residential district height limit or sixty feet (60') in height from ground level.

      3.   Other telecommunication antennas or telecommunication antenna facilities are prohibited, unless the same are located on city property or right of way or city easement pursuant to a written agreement with the city.

   B.   Within the C-1 general retail district, C-2 service retail district, I-1 light industrial district, and I-2 heavy industrial district, telecommunication antennas and telecommunication antenna facilities are permitted as follows:

      1.   Accessory use satellite dish receiving antennas exceeding two meters (2 m) in diameter, and accessory use mobile radio antennas shall be permitted on the following conditions:

         a.   Such antennas and facilities shall be permitted only on the roof or in the rear or side yards;

         b.   Such antennas and facilities shall not be placed on an easement of record or within five feet (5') of a property line; and

         c.   The vertical apex of the telecommunication antennas facility shall not exceed the greater of the applicable zoning district height regulations or fifteen feet (15') in height above the building roofline for roof mounted.

      2.   Satellite dish antennas less than two meters (2 m) in diameter, television broadcast receiving antennas, multi-channel multi-point distribution receiving and/or transmitting antennas, and radio broadcast receiving antennas and amateur radio antennas (receiving and transmitting) provided all such antennas and facilities are accessory use antennas and facilities, shall be permitted on the following conditions:

         a.   Such antennas and facilities shall be located only on a roof or in rear or side yards unless such restriction precludes reception of an acceptable quality signal. In such case such antennas and facilities may be placed anywhere on the lot except within an easement of record. Proof of inability to receive an acceptable quality signal shall be provided to the health and building and zoning enforcing officer upon request; and

         b.   The vertical apex of the telecommunication antenna facility shall not exceed the greater of the applicable district height limit or seventy feet (70') in height from ground level.

      3.   Accessory use mobile radio antennas not meeting the conditions of subsection B2 of this section and all other telecommunication antennas and telecommunication antenna facilities shall be permitted only as a special use pursuant to the applicable procedures and standards for the same set forth in section 10-10-6 of this chapter.

   C.   Notwithstanding any other provision in this chapter to the contrary, no telecommunication antenna or telecommunication antenna facility, other than if otherwise permitted to be located in an R-1 or R-2 residence district, shall be permitted to be located within the following described area (known as the city's historical district and buffer zone), unless the same is located on city property or city right of way or city easement pursuant to a written agreement with the city:

The nine (9) square block area bordered by Walnut Street on the east, Vine Street on the north, Webster Street on the west and Franklin Street on the south. (Ord. 2956, 3-20-2000)

   A.   Purpose: The purpose of this section is to specify standards that shall be required to be met before the issuance of a special use permit.

      1.   Site Plan: Submission of a site plan drawn to scale, showing the location and dimensions of existing and proposed buildings or structures, natural or manmade features, topography, elevations and location of landscaping and lighting.

      2.   Description: Description of the proposed telecommunication antenna facility including certification by an engineer regarding the structural integrity of the facilities, and evidence of compliance with the FCC emission standards.

      3.   Siting Needs And Sharing Capabilities: An inventory of the existing telecommunication antenna facilities including, but not limited to, existing antenna facilities, silos, water tanks and buildings. Notification by way of certified mail as proof of exhausting possible alternatives and avenues for sharing space.

      4.   Maintenance Plan: A description of anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and traffic, noise and safety impacts on such maintenance.

      5.   Approval Or Compliance: Proof of approval or compliance with FAA standards.

      6.   Liability Insurance: Proof of liability insurance in the minimum per occurrence amount of two hundred thousand dollars ($200,000.00) with the city and its elected and/or appointed mayor, city council, officers, agents, or employees named as additional insureds. The applicant shall provide the city with certified copies of such insurance policy and certificates of insurance and the holder of any such special use permit shall provide the city at each time thereafter such policy is renewed or replaced. Such insurance coverage shall be maintained during all times the special use permit remains in effect.

   B.   Bulk Regulations:

      1.   Lot Size Requirements: Minimum lot size for the district in which the telecommunication antenna facilities are to be located.

      2.   Setback: A setback from adjoining property lines is required in order to minimize the adverse effects of falling ice or damage due to antenna collapse. A setback of fifty percent (50%) of the telecommunication antenna facility height shall be maintained except a setback of five hundred feet (500') shall be maintained from all residential zoning districts and from buildings used for a residential dwelling(s), daycare, elementary or secondary schools.

      3.   Separation From Other Telecommunication Antenna Facilities: In order to encourage collocation of antennas on a common facility all new telecommunication antenna facilities exceeding seventy feet (70') in height, shall not be located within one-quarter mile (1,320 feet) of another telecommunication antenna facility which exceeds seventy feet (70') in height.

      4.   Height: Telecommunication antenna facilities shall not exceed one hundred five feet (105') in height from ground level.

   C.   Screening And Landscape Requirements:

      1.   The facility and every element thereof shall be aesthetically and architecturally compatible with the architecture of surrounding area.

      2.   The proposed buildings, structures and use will be in harmony with the general character of the neighborhood.

      3.   Security fencing must be constructed around the base of the tower. This fencing must have a minimum height of six feet (6').

   D.   Lighting: Shall be consistent with FAA guidelines and have minimal spillover effect on adjoining property.

   E.   Interference: The proposed facility shall not cause unreasonable interference with existing radio, television, telephone or DBS reception or services.

   F.   Effect On Adjoining Properties: The proposed facility shall cause no objectionable noise, fumes, odors, glare, physical activity or effect that would impair the peaceful enjoyment of neighboring properties.

   G.   Adequate Public Facilities: The proposed facility shall be served by adequate public services and facilities, including police and fire protection, water and sanitary sewer, storm drainage, public roads and other public improvements.

   H.   FCC Compliance: The proposed telecommunication antenna facility shall comply with all applicable FCC requirements.

   I.   Other Codes: The proposed telecommunication antenna facility shall comply with: 1) all building, electrical, plumbing, mechanical and fire codes for the city; 2) all other requirements of title 9 of this code and this title; and 3) any and all other applicable statutes, laws, ordinances, rules, regulations, and requirements of any and all state, federal, or local entities or agencies having jurisdiction over such telecommunication antenna facility.

   J.   Abandonment: Facilities that remain unused for more than one year shall be considered abandoned and shall be demolished and removed from the site at the owner's cost within thirty (30) days following such abandonment.

   K.   Collocation Or Shared Use: Applicants shall be required to exhaust all possible alternatives and avenues for sharing space on existing telecommunication antenna facilities. Evidence shall be submitted showing the following:

      1.   The availability of space on existing telecommunication antenna facilities;

      2.   The willingness of the telecommunication antenna facility owner to execute a lease with the applicant and whether or not the terms of such lease are agreeable to applicant;

      3.   The ability of applicant to reasonably meet its geographic service area requirements by locating on existing telecommunication antenna facilities;

      4.   Any radio, mechanical or electrical incompatibilities, conflicts or interference caused by using an existing telecommunication antenna facility;

      5.   The comparative costs of new construction and collocation; and

      6.   Any FCC or other governmental restrictions on collocation.

   L.   Signs: No signs shall be permitted on telecommunication antenna facilities other than warning or equipment signs, however the telecommunication antenna may be located on an existing sign structure.

   M.   Waivers: The city council may modify or waive any of the foregoing special use standards where such waiver or modification is in the public interest or necessary to comply with federal law.

   N.   General Conditions: Standards applicable to all special uses also include the following:

      1.   Ingress and egress to property and proposed structures shall be located and designed in a manner which will maximize automotive and pedestrian safety and convenience, facilitate traffic flow and control and provide easy and adequate access in case of fire or other catastrophe;

      2.   Off-street parking and loading areas where required or provided, shall be located and designed in a manner which shall minimize any adverse economic, noise, glare or odor effects of the special use on adjoining or nearby properties;

      3.   Refuse and service areas, if provided, shall be located and designed in a manner which shall minimize any adverse economic, noise, glare or odor effects of the special use on adjoining or nearby properties;

      4.   Utilities provided in connection with the special use shall be designed and located so as to encourage the efficient and economic utilization, extension and expansion of the public utility system;

      5.   Screening and buffering materials shall be sufficient to ensure that the proposed special use will have no greater impact on surrounding land uses that other uses authorized as a matter of right;

      6.   Proposed exterior lighting shall be located and designed to maximize traffic safety and compatibility and harmony with adjoining or nearby properties and so as to minimize glare, noise and adverse economic impact on surrounding properties or authorized land uses;

      7.   Required yards and open spaces shall be sufficient to ensure that the proposed special use shall have no greater impact on surrounding land uses than other uses authorized as a matter of right;

      8.   The site on which the special use is located shall be designed to make the proposed use generally compatible with adjoining or nearby properties; and

      9.   The special use shall in all other respects conform to the applicable regulations of the district in which it is located and of the entire Taylorville city code, except as such regulations may in each instance be modified by the mayor and city council pursuant to the recommendations of the plan commission or as allowed for a planned unit development. (Ord. 2956, 3-20-2000)

   A.   Hearing On Application: Upon receipt in proper form of an application and supporting material, the plan commission shall hold at least one public hearing on the application for a special use permit, in the manner provided in this title.

   B.   Action By The Plan Commission:

      1.   Finding Of Fact: No special use permit shall be recommended by the plan commission until written findings of fact are made indicating:

         a.   The extent to which the special use standards and provisions specified in this chapter are met;

         b.   Recommendations, if any, of conditions deemed reasonably necessary to meet any or all of such general or specific special use permit standards and provisions.

   C.   Action By City Council: The city council shall grant or deny, in whole or in part, any application for a special use permit within thirty (30) days after receiving the written report of findings and recommendation of the plan commission, including the recommended stipulations of additional conditions and guarantees, when they are deemed necessary for the protection of the public interest. All decisions of the city council shall be in writing and based on written findings of fact.

   D.   Protest: In case a written protest or protests against any proposed special use permit, signed and acknowledged by the owners of at least thirty three percent (33%) of the property adjoining or within two hundred fifty feet (250') in any direction of the property where the proposed special use permit is to be applicable is filed with the city clerk, the special use permit shall not be approved except on the favorable vote of at least two-thirds (2/3) of all aldermen of the city council, then holding office.

   E.   Refiling Period: No application for special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of said denial, except on the grounds of new evidence or proof or change of conditions found to be valid by the city council.

   F.   Minor Changes: Minor changes in the location, siting, and height of structures may be authorized by the health and building and zoning enforcing officer, however, no such change shall involve a change in the character of the development, or a substantial increase in the intensity of use, reduction of parking spaces, or landscaping requirements.

   G.   Nonminor Changes: Decisions concerning nonminor changes in the location, siting and height of structures, any change in the character of the development or a substantial increase in the intensity of use, reduction of parking spaces, or landscaping shall be made by the city council, after the plan commission conducts an additional public hearing and submits a recommendation on such proposed changes or deviations. In all nonminor changes, the plan commission and the city council shall apply the standards set forth in this chapter for special uses. (Ord. 2956, 3-20-2000)

In the event the standards and requirements of this chapter impair the receipt or transmission of an acceptable signal quality for an accessory use telecommunication antenna (except accessory use mobile radio antennas), the zoning board of appeals may grant a variance or variances with the strict application of this chapter, provided the requirements of section 10-9-5 of this title are met and such variance(s) shall be no greater than reasonably necessary to receive or transmit an acceptable quality signal, and shall be conditioned where necessary to protect the public's health, safety, and welfare. (Ord. 2956, 3-20-2000)

In order to encourage the collocation of telecommunication antennas on existing telecommunication antenna facilities, the health and building and zoning enforcing officer has the authority to permit the placement of antennas on telecommunication antenna facilities which have been approved pursuant to the special use permit process provided there is no increase in the height of the approved telecommunication antenna facility. (Ord. 2956, 3-20-2000)

In considering any special use permit and variation requests the following federal policy directives shall be followed:

   A.   All requests shall be processed within ninety (90) days after the application is properly filed with the health and building and zoning enforcing officer. The ninety (90) day time limit may be extended by agreement.

   B.   The substantive decision made by the appropriate body shall not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provisions of the particular telecommunication technology in the city. (Ord. 2956, 3-20-2000)

Nonconforming telecommunication antennas and telecommunication antenna facilities which are lawful at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter, may continue so long as the same remains otherwise lawful subject to the following:

   A.   Enlargement Or Alteration: No such nonconforming telecommunication antenna or telecommunication antenna facility may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

   B.   Reconstruction: Should such nonconforming telecommunication antenna or telecommunication antenna facility or any nonconforming portion of same be destroyed by any means to an extent of more than fifty percent (50%) of its fair cash market value prior to the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

   C.   Moving: Should such nonconforming telecommunication antenna or telecommunication facility be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

   D.   Repairs And Maintenance: Ordinary repairs may be made to an extent not exceeding fifty percent (50%) of the fair cash market value of the nonconforming telecommunication antenna or telecommunication facility. (Ord. 2956, 3-20-2000)

A building permit issued by the city is required before the installation or location of any telecommunication antenna or telecommunication antenna facility. (Ord. 2956, 3-20-2000)