The purpose of this chapter is to provide specific regulations for the placement, construction and modification of personal wireless telecommunications facilities. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the city council finds that these regulations are necessary in order to:

(1)

Facilitate the provision of wireless telecommunications services to the residents and visitors of the city, as well as to other persons, firms, and/or corporations in the vicinity of the city;

(2)

Minimize adverse visual effects of towers, antennas and related structures and equipment, through careful design, siting, screening, and landscape buffering standards;

(3)

Avoid potential damage to adjacent properties from falling ice and tower failure through structural standards and setback requirements;

(4)

Promote, encourage and maximize the shared use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community; and

(5)

Promote, encourage and maximize the use of existing tall structures that have been established for public utility purposes within the community.

(Ord. No. 11-O-58A, § I, 12-6-11)

(a)

The provisions of this chapter are not intended to and shall not be interpreted or applied so as to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this chapter be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. To the extent that any provision or provisions of this article are inconsistent or in conflict with any provision of this Code, the provisions of this article shall be deemed to control.

(b)

In the course of reviewing any request for any approval required under this article made by an applicant to provide personal wireless service or to install personal wireless service facilities, the city council shall act within a reasonable period of time after the request is duly filed with the city, taking into account the nature and scope of the request. There shall be a rebuttable presumption that a reasonable period of time to take final action on applications for collocated facilities is 90 days and for new facilities 150 days; provided that such period shall be tolled during any time the applicant needs to respond to reasonable requests for additional information. Any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record.

(c)

No decision to deny an application for a special use permit or a zoning variation for the construction or installation of a personal wireless service facility may be based on the environmental effects of radio frequency emissions to the extent that such facility complies with the FCC's regulations concerning such emissions.

(Ord. No. 11-O-58A, § I, 12-6-11)

The terms "personal wireless service" and "personal wireless service facilities", as used in this chapter, shall be defined in the same manner as in Title 47, United States Code, Section 332(c)(7)(C), as amended now or in the future. Generally, these terms refer to licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public. For the purpose of this chapter the term "personal wireless service facilities" includes each of its component parts, including ground-mounted support equipment, screening, landscaping, towers and/or antennae, as deemed appropriate in the context, and any other appurtenant improvements required as a condition of authority to construct such facilities.

(Ord. No. 11-O-58A, § I, 12-6-11)

(a)

Personal wireless service facilities shall be considered a special use only (i) in the H-B and H-B(2) Business Districts, (ii) in each Industrial District, (iii) attached to or otherwise similarly closely integrated with tall structures established for public utility purposes in any zoning district, and (iv) for antennas attached to existing buildings of five stories or more located within any district.

(b)

Notwithstanding anything in this chapter to the contrary, the permitted height for any personal wireless service facilities shall be not more than 50 percent higher than the maximum height allowed in the zoning district where it is to be located. Antennas attached to existing buildings of five stories or more located within any district may extend not more than 15 feet above the highest point of the roof of the building to which it is attached.

(c)

A personal wireless service facility, including related electronic equipment and structures, shall require a special use permit. A personal wireless service facility shall require a zoning variation for any portion of the height of the personal wireless service facility in excess of the permitted height described in paragraph (b).

(Ord. No. 11-O-58A, § I, 12-6-11)

(a)

Exemption. Notwithstanding anything herein to the contrary, any application for placement, construction and modification of personal wireless telecommunications facilities on city-owned real property shall be exempt from the requirement to obtain either a special use or variance, it being hereby declared to be the policy and intent of the city that personal wireless telecommunications facilities are to be considered permitted uses on city-owned real property, subject to the order of priority described in paragraph (b).

(b)

Priority of users. For wireless telecommunication antennas and towers, priority for the use of city-owned land will be given to the following entities and purposes in descending order:

(1)

City of Zion;

(2)

Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the city and private entities with a public safety agreement with the city;

(3)

Other governmental agencies, for uses which are not related to public safety;

(4)

Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public; and

(5)

Entities providing unlicensed commercial wireless information services.

(c)

Reservation of rights. The city council, acting in its capacity as and exercising the commercial rights of a property owner, reserves the right to deny, for any reason or no reason, the use of any or all city-owned property by any one or all applicants.

(Ord. No. 11-O-58A, § I, 12-6-11)

(a)

The shared use of existing towers and antenna facilities ("Collocation") shall be preferred to the construction of new facilities. Provided that such shared use is accomplished in a manner consistent with the terms of this chapter, then applications for collocation facilities may be approved administratively without any new or additional special use permit approval. Proper plans must be submitted and permits obtained for such collocation facilities as required by the terms of this article.

(b)

An applicant for a special use permit for a new tower or support structure shall submit a report inventorying existing towers and antenna sites within a reasonable distance from the proposed site, not less than one-half mile, outlining opportunities for shared use as an alternative to the proposed use. The applicant must demonstrate that the proposed tower or antenna cannot be accommodated on an existing approved tower or facility due to one or more of the following reasons:

(1)

Refusal of the owner to entertain the proposed facility.

(2)

The planned equipment would exceed the structural capacity of existing and approved towers and facilities, considering existing and approved uses for those facilities.

(3)

The planned equipment would cause interference with other existing or approved equipment, which cannot reasonably be prevented.

(4)

Existing or approved towers or facilities do not have space on which proposed equipment can be placed so it can function effectively and reasonably.

(c)

The city council may consider existing towers and antenna sites located within a reasonable distance of city boundaries in adjacent municipalities and unincorporated areas that are capable of serving the city when examining an application for an additional new facility.

(Ord. No. 11-O-58A, § I, 12-6-11)

(a)

Except as otherwise provided in this article, the personal wireless service facility shall be designed to conform and be maintained in compliance with all applicable federal laws and regulations concerning its use and operation, and shall also conform to and be maintained in compliance with all applicable provisions of the Zoning Code and all other applicable provisions of the Municipal Code of the City of Zion, Illinois, including but not limited to chapter 10 (buildings and building regulations) thereof. Any zoning authority granted under this article shall not relieve the applicant from obtaining any building permit as required by law, provided that like-kind substitution or replacement of antennas and other appurtenances to the personal wireless service facility shall require a building permit or any amendment to the zoning authority granted hereunder.

(b)

Towers and all other structures and equipment involved with a personal wireless service facility shall be located in compliance with the following:

(1)

Setbacks.

a.

Shall not be located between the front lot line and the principal building, if any, on the site.

b.

Maintain a minimum setback from property lines a distance equal to one-third of their height or the applicable zoning district setback, whichever is greater.

c.

Except for collocated facilities, all new personal wireless service facilities shall be separated from other existing personal wireless service facilities by at least 750 feet.

(2)

Departures from the above standards shall be considered as part of a special use permit and/or variation application for (i) facilities proposed to be attached to or otherwise similarly closely integrated with tall structures established for public utility purposes, and (ii) facilities proposed in conjunction with buildings of five stories or more located within any district.

(c)

In considering a request for approval of a special use and/or variance to permit the installation of personal wireless service facilities, the city council shall, in addition to other relevant standards for approval, also give due consideration and weight to:

(1)

Whether each applicant has sought and been denied the opportunity to co-locate its personal wireless service facility on an existing antenna supporting structure.

(2)

Whether a significant gap in coverage exists in each applicant's coverage area for the provision of personal wireless telecommunications service. A "gap in coverage" exists when a remote user of such services is unable to either connect with the land-based national telephone network or to maintain a connection capable of supporting a reasonably uninterrupted communication. This standard shall be applied separately to each personal wireless communications service provider and shall not require "five bars" or other equivalent measurement of the highest quality service.

(3)

Whether the means chosen to fill a significant gap in coverage are the least intrusive on the conditions set forth in this chapter.

(4)

Whether there are specific and unique aesthetic, visual and safety objections relative to such application and/or the subject property, either in isolation or cumulatively, that are distinct from those generalized concerns otherwise addressed in this chapter.

(5)

Whether the proposed site would encroach in a historically-significant area.

(Ord. No. 11-O-58A, § I, 12-6-11)

Any personal wireless service facility installed and operating prior to the enactment of this chapter which would be prohibited under this chapter shall be considered to be legal nonconforming uses and/or legal nonconforming structures, as the case may be, and shall be subject to the rules on nonconforming uses and structures as provided by this chapter.

(Ord. No. 11-O-58A, § I, 12-6-11)

All tower and antenna designs, as well as designs for associated facilities, shall be approved by the city council, or their designee, as part of the required special use permit. Proposed or modified towers and antennas shall meet the following design requirements:

(1)

Personal wireless service facilities shall be of a monopole design unless the city council determines that an alternate design would better blend into the surrounding environment.

(2)

Towers and antennas shall be designed to blend into the surrounding environment as closely as possible through the use of color, camouflaging and/or architectural treatment, where possible. A tower shall be painted a single, neutral color, the color of which shall be approved by the city council, and any tower, antenna(s), and/or associated facilities shall be well maintained at all times.

(3)

Towers shall not be illuminated by artificial means and shall not display lights unless such lights are specifically required by a federal or state authority. Lights are permitted to be operated during on-going maintenance activities.

(4)

Site location and development shall preserve the existing character of the site as much as possible. Existing vegetation must be preserved or improved, and disturbance of the existing topography of the site must be minimized.

(5)

Structures composed of masonry materials and having gabled or other peaked-roof type features are required to enclose ground-mounted facilities and equipment unless the city council determines that an alternate design would better blend into the surrounding environment.

(6)

Fences, if utilized, shall be a solid six-foot high wooden board-on-board style.

(7)

Landscaping a minimum of five feet in height at installation shall be required and maintained so as to screen as much of any proposed building, fence or other ground mounted structure as possible and to discourage vandalism.

(8)

Equipment enclosures may be required to be sized to accommodate co-location of additional facilities as part of a special use permit approval.

(Ord. No. 11-O-58A, § I, 12-6-11)

(a)

A tower shall be deemed abandoned if it remains unused or unoperated for a period of 12 consecutive months, unless a shorter abandonment period is provided in the applicable lease, in which event, the abandonment period specified in the applicable lease shall govern, and such abandonment shall be as determined by the city council. All or any portion of a personal wireless service facility deemed abandoned or unused under this article shall be removed according to the decommissioning and restoration plan described in this section.

(b)

All abandoned or unused portions of a personal wireless service facility shall be removed within six months of the council's determination that such facilities are abandoned, unless a time extension is approved by the city council. Before the council makes a finding or issues an order for removal of the facility resulting from its abandonment or nonuse, the applicant and the owner shall be given an opportunity for a pre-deprivation hearing in the manner described below:

(1)

When the city believes a facility has been abandoned, the director of building shall cause a notice of facility abandonment to be sent via first class mail to the last known address of the applicant and owner and taxpayer, according to the records of the Zion Township Assessor. The notice of facility abandonment shall state the name and address of the applicant, the name and address of the owner, a summary of the grounds for the city's determination and describe the opportunity for a hearing.

(2)

Failure to request a hearing within 21 days from the date of the notice will result in the city council making its determination solely on the basis of evidence presented by the city staff.

(3)

A person may challenge the validity of the notice of facility abandonment by requesting a hearing and appearing in person to submit evidence which would conclusively disprove abandonment or the term for which the facility has not been used or operated. Upon a request for a hearing, the director of building shall schedule the hearing for a city council meeting.

(4)

All interested parties shall be given a reasonable opportunity to present testimony and evidence at the hearing. Motions for continuances of the hearing date must be made in person before the city council and may be granted upon a showing of good cause. The formal rules of evidence will not apply at the hearing.

(c)

Written notice of the council's determination of abandonment shall be sent via regular mail, and via certified mail, return receipt requested, to the owner of the tower(s) and associated facilities and to the applicant for the special use permit.

(d)

Decommissioning and restoration plan.

(1)

Prior to receiving a building permit and/or special use permit for the construction of a personal wireless telecommunication facility, the owner and/or operator must include a decommissioning and restoration plan with the application to ensure such facility and all related equipment is properly decommissioned. The owner of the facility and the underlying property owner(s) shall be jointly liable for the removal of all equipment associated with the facility at the end of the special use permit period, if any, the useful life of the facility, or when the facility is abandoned as herein described. The decommissioning and restoration plan shall provide:

a.

Provisions for removal of the facility and all related equipment, including those below the soil surface.

b.

Provisions for the restoration of the property and improvements upon completion of the decommissioning of the facility and all related equipment.

c.

An estimated cost of decommissioning certified by a licensed professional engineer and the financial resources to be used to accomplish decommissioning.

d.

The city is granted the right of entry onto the site, pursuant to reasonable notice to effect or complete decommissioning and/or restoration.

(e)

Any facility which remains erected more than six months after the end of the special use permit period, if any, or the facility is determined to be abandoned shall be deemed a nuisance.

(Ord. No. 11-O-58A, § I, 12-6-11)

No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an inter-modulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the city at least ten calendar days in advance of such changes and allow the city to monitor interference levels during the testing process. If at any time it is determined by the city council, or its designee, that public safety communications experience interference from the new, modified, or existing telecommunications service so as to jeopardize or impede emergency services to residents of the city the city shall refer the issue to the appropriate judicial or administrative forum for dispute resolution, the city's costs for which shall be borne entirely by the applicant.

(Ord. No. 11-O-58A, § I, 12-6-11)

In addition to the information required elsewhere in this article, applications for a special use permit and, where required, an application for a variation, for a wireless telecommunication antenna or tower shall include the following supplemental information:

(1)

A statement of the applicant's purpose and need, including data describing whether a significant gap in coverage exists in the applicant's coverage area for the provision of personal wireless telecommunications service.

(2)

An inventory of existing towers and antenna sites within a reasonable distance from the proposed site, not less than one-half mile, including the estimated capacity of such sites, outlining opportunities for collocation as an alternative to the proposed use.

(3)

Demonstration from a qualified and professional radio frequency engineer that alternative locations are unavailable or impractical and that the equipment cannot be mounted on an existing tower.

(4)

A architectural site plan including tower and ground structure elevations, and landscaping.

(5)

A report from a qualified and licensed professional engineer which:

a.

Describes the tower height and design including a cross section and elevation;

b.

Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;

c.

Describes the tower's capacity, including the number and type of antennas that it can accommodate;

d.

Includes a professional engineer's stamp and registration number;

e.

Includes any other information necessary to evaluate the request.

(6)

For all new wireless telecommunication service towers and facilities, a letter of intent committing the owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

(7)

A plan indicating how specific visual impacts created by the proposed facilities will be minimized.

(8)

If the applicant is not the owner of the subject property, a copy of the lease agreement pursuant to which the applicant is granted authority to erect the proposed tower.

The city shall be given not more than 30 days to review an application and provide prompt notice to the applicant of whether the application is complete. A failure to provide notice shall result in the application being deemed complete. The timeline to take final action on an application shall not commence until an application is deemed complete.

(Ord. No. 11-O-58A, § I, 12-6-11)