Ordinance 2000-08 ' T Tower Ordinance
STATE OF ILLINOIS )
i )SS
COUNTY OF KENDALL )
ORDINANCE NO. 2000-8
AN ORDINANCE AMENDING THE UNITED CITY OF YORKVILLE MUNICIPAL
CODE ADDING"WIRELESS TELECOMMUNICATIONS TOWERS AND
ANTENNAS"AND; PROVIDING FOR PERMITTED LOCATIONS,USES,
ACCESSORY USES AND CONDITIONAL USES; PERMITS AND LEASE
AGREEMENTS; AND SEVERABILITY
WHEREAS, THE UNITED CITY OF YORKVILLE has received or expects to receive
requests to site wireless communications towers and antennas within the municipal boundaries;
and
WHEREAS, THE UNITED CITY OF YORKVILLE is a legally organized municipality
which has the power to regulate the siting of telecommunications towers and antennas under the
zoning authority granted to the UNITED CITY OF YORKVILLE by the State of Illinois; and
WHEREAS, generally the siting of telecommunications towers and antennas within
specifically zoned locales is beneficial to the appearance, safety and welfare of the community;
and
WHEREAS, certain unique properties exist in the UNITED CITY OF YORKVILLE
which warrant primary consideration for the siting of antennas and towers in spite of the fact that
those unique sites straddle various zoning classifications, said sites being the Burlington
Northern Railroad easement.
WHEREAS, there is sufficient area in existing municipal water tower sites, the
Burlington Northern Railroad easement, and in R-1, R-2, B-1, B-2, B-3, B-4, M-1, M-2, and A-1
zoning districts to allow providers of personal wireless services to service the UNITED CITY OF
YORKVILLE without the need to locate any facilities in the other zoning districts of the
UNITED CITY OF YORKVILLE, and;
WHEREAS, Section 704 of the Telecommunications Act of 1996 (P.L. 104-104) allows
for siting of telecommunications towers and antennas in a manner which does not discriminate
among telecommunications providers, and does not constitute a barrier to entry for
telecommunications providers, and;
WHEREAS, the establishment of antenna and tower siting regulations as stated
hereinbelow are in accord with the provisions of Section 704 of the Telecommunications Act of
1996 (P.L. 104-104).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AND THE
MAYOR OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
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Section 1: Findings: The City Council and Mayor hereby adopt and incorporate all
t of the recitations above specifically and expressly as the findings of the City Council and the
Mayor as if fully set forth and incorporated herein as the findings of the City Council and the
Mayor.
Section 2: Purpose: The purpose of this Ordinance is to specific regulations for the
placement, construction, and modifications of personal wireless telecommunications facilities.
The goals of this ordinance are to: (1) protect residential and riverfront areas and land uses from
potential adverse impacts of towers and antennas; (2) encourage the location of towers in
non-residential and non-riverfront areas; (3)minimize the total number of towers throughout the
community; (4)strongly encourage the joint use of new and existing tower sites as a primary
option rather than construction of additional single-use towers; (5) encourage users of towers and
antennas to locate them, to the extent possible, in areas where the adverse effect of the
community is minimal; (6) encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas and accessory buildings
through careful design, siting, landscape screening, and innovative comouflaging techniques;
(7) enhance the ability of the providers of telecommunications services to provide such services
to the community quickly, effectively, and efficiently; (8) consider the public safety of
communication towers; and (9) avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures. In furtherance of these goals, the
UNITED CITY OF YORKVILLE shall give due consideration to its Comprehensive Plan,
zoning map, existing land uses, and environmentally sensitive areas in approving sites for the
location of towers and antennas. The provisions of this Ordinance are not intended and shall not
be intended to prohibit or have the effect of prohibiting the provision of personal wireless
services, nor shall the provisions of this Ordinance be applied in such a manner as to
unreasonably discriminate between providers of functionally equivalent wireless services. To the
extent that any provisions of this Ordinance amending the Zoning Ordinance or the provisions of
this Ordinance are inconsistent or in conflict with any other provision of the Zoning Ordinance,
provisions of this amending Ordinance shall be deemed controlling.
Section 3: Procedure: In the course of reviewing any approval required under this
Article made by an applicant to provide personal wireless service or to install personal wireless
service facilities, the Zoning Officer, the Plan Commission, or the City Council, as the case may
be, shall act within a reasonable period of time after the request is duly filed with the UNITED
CITY OF YORKVILLE, taking into account the nature and scope of the request, and any
decision to deny such a request shall be in writing and supported by substantial evidence
contained in a written record. All applications shall be processed in their usual and customary
manner, and this Chapter shall not be interpreted to require expedited processing of an
application.
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Section 4: Effect: Should the application of this Chapter, or any section or
sub-section thereof,have the effect of prohibiting a person or entity from providing personal
wireless service to all or a portion of the UNITED CITY OF YORKVILLE, such applicant may
petition the Zoning Officer for an amendment to this Article, or any section or sub-section
therefore, in the manner provided in Title 10, Chapter 14 of the Zoning Ordinance. The Zoning
Officer,upon receipt of such petition, shall promptly forward the Petition to the Plan
Commission for review and for a public hearing in the usual and customary manner for zoning
text amendments as provided in Title 10, Chapter 14, Section 5 et. seq. of the Zoning Ordinance.
Section 5: General: This Ordinance shall be commonly known as the"Tower and
Antenna Ordinance" and shall become a part of the Zoning Ordinance as Chapter 15, and all of
the general,procedural and other provisions of the Zoning Ordinance which are not specifically
superceeded or contradicted by the terms herein, shall remain in full force and effect.
Section 6: The provisions of Chapter 15 are as follows:
CHAPTER 15
CELLULAR TOWERS AND ANTENNAS
10-15-1 RULES AND DEFINITIONS
"Alternative Tower Structure"means man-made trees, clock towers,bell steeples, light
poles and similar alternative design mounting structures that camouflage or conceal the
presence of antennas and towers.
"Antenna"means any structure or device used to receive or radiate electromagnetic
waves as defined by the FCC or any successor agency.
"Antenna Structures" are those structures which include the radiating and/or receive
system, its supporting structures (see Towers), and any appurtenance mounted thereon as
defined by the FCC or any successor agency.
"Backhaul network"means the lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance providers,
or the public switched telephone network.
"FAA"means the Federal Aviation Administration.
"FCC"means the Federal Communication Commission.
"Height"means, when referring to a tower or other structure, the distance measured from
the finished grade of the parcel to the highest point on the tower or other structure,
including the base pad and antenna structures.
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"No-impact antenna and Towers means a Tower or Antenna which is which is
either(1) virtually invisible to the casual observer, such as an antenna behind
louvers on a building, or inside a steeple or similar structure, or(2) camouflaged
so as to blend in with its surroundings to such an extent that it is no more
obtrusive to the casual observer than the structure on which it is (a) placed, such
as a rooftop, lighting standard, or existing tower, or(b)replacing, such as a school
athletic field light standard
"Preexisting towers or antennas"means any tower or antenna for which a building permit
or conditional use permit has been properly issued prior to the effective date of this
ordinance, including permitted towers and antennas that have not yet been constructed so
long as such approval is current and not expired.
"Tower"means any structure that is designed and constructed primarily for the
purpose of supporting one or more antennas for telephone,radio and similar
communications purposes, including self-supporting lattice towers, guyed towers,
or monopole towers. The term includes radio and television transmission towers,
microwave towers, common carrier towers, cellular telephone towers, alternative
tower structures, and the like. The term includes the structure and any support
thereto.
"Tower and Antenna Ordinance" shall refer to this Ordinance.
"Personal Wireless Facility"is any facility for the provision of Personal Wireless
Services as defined by the FCC or any successor agency.
"Personal Wireless Services"are commercial mobile services,unlicensed wireless
services and common carrier wireless exchange access services as defined by the FCC or
any successor agency.
"Unlicensed Wireless Service"is that service which offers telecommunications services
using duly authorized devices which do not require individual licenses issued by the
FCC, but does not mean the provision of direct-to-home satellite services as defined by
the FCC or any successor agency.
10-15-2 APPLICABILITY
A. New Towers and Antennas. All new towers or antennas in the UNITED CITY
OF YORKVILLE shall be subject to these regulations, except as provided in
Chapter 15, Section 2 (B)-(D) inclusive.
B. Amateur Radio Station Operator/Receive Only Antennas. This ordinance shall
not govern any tower, or the installation of any antenna, that is under eighty (80)
feet in height and is owned and operated by a federally-licensed amateur radio
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station operator or is used exclusively for receive only antennas. No recieve-only
t antenna shall exceed the highest point on the nearest residential rooftop of a
dwelling by more than ten (10) feet.
C. Preexisting Towers or Antennas. Existing towers and existing antennas which
predated this Ordinance, shall not be required to meet the requirements of this
Ordinance other than the requirements of 10-15-3 (E), (F), (H) and (R). All
preexisting towers and antennas shall be subject to the Tower and Antenna
Administrative Fee as of January 1 following the effective date of this Ordinance.
D. AM Array. For purposes of implementing this Ordinance, AM Array,
consisting of(1) one or more tower units and supporting ground system which
functions as (1) one AM broadcasting antenna, shall be considered (1) one tower.
Measurements for setbacks and separation distances shall be measured from the
outer perimeter of the towers included in the AM array. Additional tower units
may be added within the perimeter of the AM Array by right.
10-15-3 GENERAL REQUIREMENTS.
A. Special or Miscellaneous Use. Antennas and towers may be considered
either Special or Miscellaneous Uses. A different existing use of an existing
structure on the same lot shall not preclude the installation of an antenna or tower
on such lot.
B Lot Size. For purposes of determining whether the installation or a tower or
antenna complies with the UNITED CITY OF YORKVILLE development
regulations, including,but not limited to, setback requirements, lot coverage
requirements, and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased parcels
within such lot.
C. Inventory of Existing Sites. Each applicant for approval of an antenna and/or
tower shall provide to the Zoning Officer an inventory of its existing towers,
antennas, or sites approved for towers or antennas, that are either within the
jurisdiction of the UNITED CITY OF YORKVILLE or within one (1)mile of the
border thereof, including specific information about the location, height, and
design of each tower. The Zoning Officer may share such information with other
applicants applying for administrative approvals or special use permits under this
Ordinance or other organizations seeking to locate antennas within the jurisdiction
of the UNITED CITY OF YORKVILLE, provided, however that the Zoning
Officer is not,by sharing such information, in any way representing or warranting
that such sites are available or suitable.
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D. Aesthetics. Towers and antennas shall meet the following requirements:
' (i) Towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FAA,be painted a neutral color so as to reduce
visual obtrusiveness.
(ii) At a tower site, the design of the buildings and related structures shall, to
the extent possible,use materials, colors, textures, screening, and
landscaping that will blend them into the natural settings and surrounding
buildings.
(iii) If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color
that is identical to, or closely compatible with, the color of the supporting
structure so as to make the antenna and related equipment as visually
unobtrusive as possible.
E. Lighting. Towers shall not be artificially lighted, unless required by the FAA
or other applicable authority. If lighting is required, the lighting alternatives and
design chosen must cause the least disturbance to the surrounding views.
G. State or Federal Requirements. All towers must meet or exceed current
N standards or regulations of the FAA,the 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 ordinance shall bring such towers and antennas into compliance
with such revised standards and regulations within six (6)months of the effective
date of such standards and regulations, unless a more restrictive compliance
schedule is mandated by the controlling state or federal agency. Failure to bring
towers and antennas into compliance with such revised standards and regulations
shall constitute grounds for the removal of the tower or antenna at the owner's
expense.
H. Building Codes/Safety Standards. Any owner or operator of an Antenna, antenna
structure or tower shall maintain the antenna, antenna structure or tower in
compliance with the standards contained in the current and applicable state or
local building codes and the applicable standards for Towers that are published by
the National Electric Code NFPA 70 and BOCA Building Code; Radio,
Television sec. 3108, as amended from time to time. If, upon inspection, the
UNITED CITY OF YORKVILLE concludes that a tower fails to comply with
such codes and standards and constitutes a danger to persons or property, then
upon notice being provided to the owner of the tower, the owner shall have thirty
(30) days to bring such tower into compliance with such standards. Failure to
bring the antenna, antenna structure, or tower into compliance within the thirty
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(30) day period shall constitute grounds for the removal of the antenna, antenna
structure or tower at the owner's expense.
I. Measurement. For purposes of measurement, tower setbacks and tower separation
distances shall be calculated and applied to facilities located in the UNITED
CITY OF YORKVILLE irrespective of municipal and county jurisdictional
boundaries.
J. Not Essential Services. Antennas, antenna structures, and towers shall be
regulated and permitted pursuant to this Ordinance and shall not be regulated or
permitted as essential services, public utilities, or private utilities.
K. Public Notice. For purposes of this Ordinance, any special use request,
variance request, or appeal of an administratively approved use or special use
shall require public notice and individual notice by the UNITED CITY OF
YORKVILLE to all abutting property owners and all properties that are located
within two hundred fifty(250) feet of the zoning lot in question. Streets, alleys
and watercourses shall not be considered in the determination of"abutting"nor in
calculating the two hundred fifty(250) feet.
L. Signs. No signs shall be allowed on an antenna or tower other than those required
by the FCC.
NM. Buildings and Support Equipment. Buildings and support equipment associated
with antennas or towers shall comply with the requirements of Title 10, Chapter
15, Section 5 (K) of this Ordinance.
N. Multiple Antenna/Tower Plan. The UNITED CITY OF YORKVILLE
encourages all plans for towers and antenna sites to be submitted in a single
application for approval of multiple towers and/or antenna sites. Applications for
approval of multiple sites shall be given priority in the review process.
O. Antenna on Existing Structures. Any antenna which is not attached to a tower
may be approved by the UNITED CITY OF YORKVILLE as an accessory use
to any commercial, industrial, professional, institutional, or multi-family structure
of eight or more dwelling units, provided:
(i) The antenna does not extend more than thirty (30) feet above the highest
point of the structure;
(ii) The antenna complies with all applicable FCC and FAA regulations; and
(iii) The antenna complies with all applicable building codes and safety
standards as referenced in Subsection (H)hereinabove.
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P. Antennas on Existing Towers. An antenna which is attached to an existing
tower may be approved by the Zoning Officer and, to minimize adverse visual
impacts associated with the proliferation and clustering of towers, collocation of
antennas by more than one carrier on existing towers shall take precedence over
the construction of new towers, provided such collocation is accomplished in a
manner consistent with the following:
(i) A tower which is modified or reconstructed to accommodate the
collocation of an additional antenna shall be of the same tower type as the
existing tower,unless the Zoning Officer allows reconstruction as a
monopole.
(ii) Height
(a) An existing tower may be modified or rebuilt to a taller height, not
to exceed thirty (30) feet over the tower's existing height, such
height not exceeding one hundred fifty (150) feet in total, to
accommodate the collocation of an additional antenna.
(b) The height change referred to in Subsection (iii)(a)may only occur
one time per communication tower.
(c) The additional height referred to in subsection (iii)(a) shall not
require an additional distance separation. The tower's
premodification height shall be used to calculate such distance
separations.
(iii) Onsite location.
(a) A tower which is being rebuilt to accommodate the collocation of
an additional antenna may be moved onsite within fifty(50) of its
existing location.
(b) After the tower is rebuilt to accommodate collocation, only one
tower may remain on the site.
(c) A relocated onsite tower shall continue to be measured from the
original tower location for purposes of calculating separation
distances between towers. The relocation of a tower hereunder
shall in no way be deemed to cause a violation of this Ordinance.
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(d) The onsite relocation of a tower which comes within the separation
distances to residential units or residentially zoned lands as
established in Zoning Ordinance shall only be permitted when
approved by the Zoning Officer.
(iv) New towers in nonresidential zoning districts.
An applicant may locate any new tower in an O, B-1, B-2, B-3, B-4, M-1,
M-2, or A-1 zoning district, provided that: 1) a licensed professional
engineer certifies the tower can structurally accommodate the number of
shared users proposed by the applicant; 2.) the Zoning Officer concludes
the tower is in conformity with the goals set forth in Section 1 and the
requirements of Section 4; 3.) the tower meets the setback and separation
requirements in Title 10, Chapter 15, Section 5 (E); and, 4.) the tower
meets the following height and usage criteria:
(a) for a single user, up to and including one hundred twenty(120) feet
in height;
(b) for two users,up to one hundred fifty(150) feet in height; and
(c) for three or more users, up to and including one hundred eighty
N (180) feet in height.
Q. Roadway Access. All sites on which antenna, antenna structures and towers are
located must have a passable roadway access of compacted macadam base not
less than seven inches (7") thick surfaced with not less than two inches (2") of
asphaltic concrete or some comparable dustless material.
R. Fencing. The structures upon any site upon which an antenna, antenna structure,
or tower is located shall be surrounded by an opaque screen which is no less than
six feet (6') in height and equipped with an appropriate anti-climbing device.
Screening materials shall include either wooden or chain link fencing. Shrubbery
and bushes shall be required, in addition to the wooden or chain link fence, unless
specifically waived by the UNITED CITY OF YORKVILLE in its discretion in
appropriate cases.
S. Disguised Structures. The provider of an antenna, antenna structure, or tower
may propose to disguise the proposed antenna, antenna structure or tower. Any
such disguise must be aesthetically consistent with the character of the
surrounding are and environment, and be constructed in such a manner where the
health or safety of UNITED CITY OF YORKVILLE residents shall not be
endangered. The UNITED CITY OF YORKVILLE may require the disguise of
an antenna, antenna structure or tower as a condition of approval of a building
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permit or special use permit if the antenna, antenna structure or tower is to be
erected on a golf course or other public recreational area.
T. Annual Administrative Fee and Certifications. Each owner and/or operator of an
antenna, antenna structure or tower shall be required annually on January 1 to pay
an Administrative Fee of$350.00 and to provide the following certifications in
writing by a certified engineer:
1. That the owner or operator's antenna, antenna structure or tower has been
inspected and is in compliance with all state and local building codes and
standards published in the National Electric Code NFPA 70 and BOCA
Building Code; Radio, Television Towers.
2. That the owner or operator's antenna is in compliance with the FCC RF
Emissions Standards.
The UNITED CITY OF YORKVILLE reserves the right to increase or decrease
the amount of the Administrative Fee as it deems necessary. A separate
Administrative Fee shall be paid by each user or co-locator on a tower.
U. Permit Required. Prior to the construction of an antenna, antenna structure or
N tower the provider of the radio, television, or telecommunications services shall
obtain a permit from the UNITED CITY OF YORKVILLE for the erection of
such antenna, antenna structure or tower. An applicant for a permit for an
antenna, antenna structure, or tower shall pay a fee in accordance with the Fee
Schedule set forth in Title 10, Chapter 14, Section 9 of the Zoning Ordinance,
plus any reasonable legal, engineering, or consulting fees at the conclusion of the
review.
V. Waiver of Provisions. An applicant can request a waiver of any provision of this
Ordinance upon the showing of appropriate justification and benefit to the public.
Such request shall be treated as a request for a variance and the appropriate
procedures thereto shall apply.
10-15-4 PERMITTED USES
A. General
The following uses listed in this Section are deemed to be permitted uses and
shall not require administrative approval or a special use permit.
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B. Antennas, antenna structures and towers are specifically permitted in any zoning
classification, except that part of any zoning district which is located in a flood
plain, so long as said antennas or towers conform to all other requirements of this
title:
(i) Antennas and towers located on property owned, leased, or otherwise
controlled by the UNITED CITY OF YORKVILLE, particularly and
expressly including the UNITED CITY OF YORKVILLE'S water tower
sites, and City Hall and Police Station sites, provided that a lease
authorizing such antenna, antenna structure, or tower has been approved
by the UNITED CITY OF YORKVILLE.
(ii) Antennas or towers are permitted to be located on the Burlington Northern
Railroad easement running southwest and northeast through the UNITED
CITY OF YORKVILLE, subject to Sections 10-15-5 (D), (E), (F), (G),
(H), (1), (J), (K), (L), (M), (N), (0), (P), (Q), (R), (S), (T), (U), and (V).
(iii) No-impact antennas and towers.
10-15-5 SPECIAL USES AND MISCELLANEOUS USES
A. General Provisions
N (i) Radio and telecommunications antenna, antenna structures and towers
used for Personal Wireless Facilities, Personal Wireless Services,radio
transmission, or television transmission shall be subject to the Special Use
provisions contained within Title 10, Chapter 14, Section 6 of this Zoning
Ordinance and applications for Special Use Permits shall be subject to the
procedures and requirements of the Zoning Ordinance, except as modified
in this Chapter 15.
(ii) In granting a Special Use Permit, the Plan Commission may impose
conditions to the extent the Plan Commission concludes such conditions
are necessary to minimize any adverse effect of the proposed tower on
adjoining properties.
(iii) Any information of an engineering nature that the applicant submits,
whether civil, mechanical, or electrical, shall be certified by a license
professional engineer.
(iv) An applicant for a Special Use Permit shall submit the information
described in this Section and a non-refundable fee as established by
resolution of the City Council of the UNITED CITY OF YORKVILLE to
reimburse the UNITED CITY OF YORKVILLE for the cost of reviewing
the application.
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(v) Antennas, antenna structure and towers shall be allowed as special uses
only consistent with all of the requirements of this Ordinance in the
following zoning districts: R-I (1 Family Residence-- golf course, public
utility facilities, public service use facilities with radio or TV tower sites
only), R-2 (I Family Residence--golf course,public utility facilities,
public service use facilities with radio or TV tower sites only), B-1
(Limited Business District), B-2 (General Business District), B-3 (Service
Business District), B-4 (Business District), and A-1 (Agricultural District).
(vi) Antennas, antenna structures and towers shall be allowed as miscellaneous
uses only consistent with all of the requirements of this Ordinance in the
following zoning districts: M-1 (Limited Manufacturing District), and M-2
(General Manufacturing District).
B. Information Required. In addition to any information required for applications
for Special Use Permits referenced above, each petitioner requesting a Special
Use Permit under this Ordinance for an antenna, antenna structures, and tower
shall submit a scaled site plan and a scaled elevation view and other supporting
drawings, calculations, and other documentation signed and sealed by appropriate
licensed professionals, showing the location, type and dimensions of all
improvements, including information concerning topography, radio frequency
coverage, tower height requirements, setbacks, drives,proposed means of access,
parking, fencing, landscaping, adjacent uses, adjacent roadway, and other
information deemed necessary by the UNITED CITY OF YORKVILLE to be
necessary to assess compliance for this Ordinance. In addition, the following
information shall be supplied:
(i) Legal description of the parent track and leased parcel (if applicable);
(ii) The setback distance between the proposed structure and the nearest
residential unit, platted residentially zoned properties and unplatted
residentially zoned property;
(iii) The separation distance from other structures in the inventory of existing
sites submitted pursuant to Title 10, Chapter 15, Section 3(D) shall be
shown on an updated site plan or map and the applicant shall also identify
the type of construction of the existing structure(s) and the owner/operator
of the existing structure(s), if known;
(iv) A landscape plan showing specific landscape materials.
(v) The method of fencing and finish color and, if applicable, the method of
camouflage and illumination.
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(vi) A description of compliance with Title 10, Chapter 15, Section 3(C), (E),
(F), (G), (H), (I), and (M) and all applicable federal, state or local laws.
(vii) A notarized statement by the applicant as to whether construction of the
tower will accommodate collocation of additional antennas for future
users;
(viii) Identification of the entities providing the Back Haul Network for the
structure(s) described in the application and other cellular sites owned or
operated by the applicant in the UNITED CITY OF YORKVILLE.
(ix) A description of the suitability of the use of existing towers, other
structures or alternative technology not requiring the use of towers or
structures to provide the services to be provided through the use of the
proposed new tower; and
(x) A description of the feasible location(s) of future towers or antennas
within the UNITED CITY OF YORKVILLE based upon existing
physical, engineering, technological or geographical limitations in the
event the proposed tower is erected.
C. Factors Considered in Granting Special Use Permits. The UNITED CITY OF
YORKVILLE consider the following factors in determining whether to issue
Special Use Permit above and beyond those factors referenced in Title 10,
Chapter 14, Section 6 of the Zoning Ordinance. The UNITED CITY OF
YORKVILLE may waive or reduce the burden on the petitioner of one or more of
these criteria if the UNITED CITY OF YORKVILLE concludes that the goals of
this Ordinance are better served thereby.
(i) Height of the proposed antenna, antenna structure or tower;
(ii) Proximity of the antenna, antenna structure or tower to residential
structures and residential district boundaries;
(iii) Nature of uses on adjacent and nearby properties;
(iv) Surrounding topography;
(v) Surrounding tree coverage and foliage;
(vi) Design of the antenna, antenna structure or tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
(vii) Proposed ingress and egress; and
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(viii) Availability of suitable existing antennas, antenna structures, towers,
alternative power structures and other structures, or alternative
technologies not requiring the use of towers or structures as discussed
elsewhere in this Ordinance.
D. Height. No antenna, antenna structure, or tower shall exceed a height of one
hundred (180) linear feet in aerial height. Where an arm has been installed to
facilitate collocation of an additional antenna on the existing antenna structure or
tower, the arm shall not exceed a length of twelve (12) linear feet.
E. Setbacks and Separation.
(i) Setbacks. Antennas, antenna structures or towers must be set back a
distance equal to the height of the antenna, antenna structure, or tower
from any off-site residential structure. Antenna structures, guy lines, and
equipment shelters must satisfy the minimum setback requirements for
R-1, R-2, B-1, B-2, B-3, B-4, M-1, M-2, and A-1 zoning districts.
(ii) Separation. The following separation requirements shall apply to all
towers and antennas for which a special use permit is required; provided,
however, that the Plan Commission may reduce the standard separation
requirements if the goals of this ordinance would be better served thereby,
or if enforcement of said setback would effectively prohibit said tower.
(a) Separation from off-site uses/designated area.
[1] Tower separation shall be measured from the base of the
tower to the lot line of the off-site uses and/or designated
areas as specified in Table 1, except as otherwise provided
in Table 1.
[2] Separation requirements for towers shall comply with the
minimum standards established in Table 1.
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Table 1:
Off-site Use/Designated Area Separation Distance
Single-family or duplex residential units 500 Feet
Principal building.
Vacant single-family or duplex residentially 500 Feet
zoned land which is either platted or has
preliminary subdivision plan approval which
is not expired.
Vacant unplatted residentially zoned lands, 500 Feet
including unplatted residential use property
without a valid preliminary subdivision plan
or valid development plan approval and any
multi-family residentially zoned land greater
than duplex.
Existing multi-family residential units greater 100 Feet or 100% of
than duplex. the Tower Height,
Whichever is greater.
Non-residentially zoned lands or non- None. Only setbacks
residential. apply.
The Fox River or any watercourse. 500 Feet, as measured
from the shore.
Major Highways 500 Feet, from the
right-of-way.
(b) Separation distances between towers.
[1] Separation distances between towers shall be applicable for
and measured between the proposed tower and preexisting
towers. The separation distances shall be measured by
drawing or following a straight line between the base of the
existing tower and the proposed base, pursuant to a site
plan, of the proposed tower. The separation distances
(listed in linear feet) shall be as shown in Table 2.
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TABLE 2:
EXIST1 tG TOWERS - TYPES
MINTMUM SEPARATION DISTANCES
Lattice Guyed Monopole Monopole
> 75'High < 75' High
Lattice 1,000 1,500 500 250
Guyed 1,000 1,750 1,500 1,250
Monopole
>75' High 500 1,500 250 250
Monopole
<75'High 250 1,250 250 250
F. Siting on Wetland Prohibited. No Antenna, Antenna Structure, or Tower shall be
located in an area which has been designated as a wetland either by the UNITED
CITY OF YORKVILLE,Kendall County,the State of Illinois Department ofNatural
M Resources, the United States Department of the Interior or the United States Army
Corps of Engineers, and any and all governmental bodies and agencies having
jurisdiction.
G. FCC Signage. To the extent that signage is required by the FCC on an Antenna
Structure, or Tower that signage shall constitute no more than five percent(5%) of
the square footage of the Antenna,Antenna Structure, or Tower or shall be no larger
than is required by the FCC, whichever shall constitute the smallest signage area.
H. Preservation of Landscape Existing mature tree growth and natural land forms on
the proposed Antenna, Antenna Structure, or Tower site shall be preserved to the
maximum extent possible.
I. Utilities and Access Required Radio and Telecommunications Antennas, Antenna
Structures,and Towers, including,but not limited to those used for Personal Wireless
Services, Personal Wireless Facilities and Unlicenced Wireless Services, shall be
required to include adequate utilities, access, and/or other facilities necessary for the
servicing of the Antenna, Antenna Structure or Tower. All such utilities shall be
buried.
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Tower Ordinance
J. Signal Interference. No signal transmission from any Antenna, Antenna Structure, or
Tower shall interfere with police, fire,public works or any other governmental radio band
signals. In the case of the possibility of such interference based upon the frequencies
selected for the proposed Antenna, Antenna Structure, or Tower, the petition for Special
Use shall be denied.
K. Equipment Shelter and Equipment Cabinets.
(i) Equipment Shelter: A provider of a radio, television, or telecommunications
Antenna, Antenna Structure, or tower may provide an equipment shelter on the
site of the Antenna, Antenna Structure, or Tower. The square footage of the
equipment shelter may not exceed more than twenty percent(20%) of the total
square footage of the Antenna, Antenna Structure or Tower ground site or four
hundred fifty(450) square feet, which ever is greater. At any Antenna, Antenna
Structure, or Tower site in which more than one Antenna has been collocated, no
more than three(3) equipment shelters shall be allowed. Multiple equipment
shelters shall be contained under one roof if at all practicably possible. No
equipment shelter shall be approved as part of the Site Plan unless appropriate
electrical power and road ingress and egress facilities are planned for inclusion at
the equipment shelter site.
M (ii) Equipment Cabinets:
(a) In residential districts, the equipment cabinet or structure may be located
in a front or side yard provided the cabinet or structure is no greater than
four(4) feet in height or twenty-four(24) square feet of gross floor area
and the cabinet/structure is located in a minimum of six (6) feet from all
lot lines. The cabinet/structure shall be screened by hedging or shrubbery
with an ultimate height of at least forty-two (42) to forty-eight(48) inches
and a planted height of at least thirty-six (36) inches.
(b) In a rear yard,provided the cabinet or structure is no greater than six (6)
feet in height or sixty-four(64) square feet in gross floor area. The
structure or cabinet shall be screened by hedging or shrubbery with an
ultimate height of eight (8) feet and a planted height of at least thirty-six
(36) inches. In all other instances, structures or cabinets shall be screened
from view of all residential properties which abut or are directly across the
street from the structure or cabinet by a solid fence six(6) feet in height or
a hedge with an ultimate height of eight(8) feet and a planted height of
thirty-six (36) inches.
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Tower Ordinance
(c) In commercial or industrial districts the equipment cabinet or structure
shall be no greater than six (6) feet in height or sixty-four(64) square feet
in gross floor area. The structure or cabinet shall be screened by a hedge
or shrubbery with an ultimate height of eight(8) feet and a planted height
of at least thirty-six (36) inches. In all other instances, structures or
cabinets shall be screened from view of all residential properties which
abut or are directly across the street from the structure or cabinet by a solid
fence six (6) feet in height or a hedge with an ultimate height of eight(8)
feet and a planted height of at least thirty-six(36) inches.
L. Code Requirements. Any antenna, antenna structure, or tower must meet code
requirements established by the National Electrical Code,NFPA 70 and BOCA
Building Code; Radio, Television Towers Codes currently in effect as
required by the UNITED CITY OF YORKVILLE and all applicable marking and
lighting standards as established by the Federal Aviation Administration.
M. Engineering Justification. No new tower shall be permitted unless the applicant
provides justification and demonstrates to the reasonable satisfaction of the
Zoning Board that no existing tower, structure, or alternative technology that does
not require the use of towers or structures can accommodate the applicant's
proposed antenna. An applicant shall submit information requested by the Zoning
N Board related to the availability of suitable existing towers, other structures, or
alternative technology. Evidence submitted to demonstrate that no existing tower,
structure, or alternative technology can accommodate the applicant's proposed
antenna may consist of the following:
(i) No existing antennas, antenna structures or towers are located within the
geographic area required to meet petitioner's engineering requirements;
(ii) Existing antennas, antenna structure, towers or other structures are not of
sufficient height to meet petitioner's engineering requirements.
(iii) Existing antennas, antenna structures, towers or other structures do not
have sufficient height to meet petitioner's engineering requirements;
(iv) The petitioner's proposed antenna, antenna structure or tower would cause
electromagnetic interference with the existing antenna, antenna structure
or tower or the antenna on the existing structure would cause interference
with the petitioner's proposed antenna.
(v) The fees, costs, or contractual provisions required by the owner in order to
share an existing Antenna, Antenna Structure, or Tower or to an adapt to
an existing Antenna, Antenna Structure, or Tower are unreasonable. Costs
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Tower Ordinance
exceeding new Antenna, Antenna Structure, or Tower development are
' considered unreasonable.
(vi) The petitioner demonstrates that there are other limiting factors that render
existing Antenna, Antenna Structures, or Towers or other structures
unsuitable.
(vii) The applicant demonstrates that an alternative technology that does not
require the use of Towers or Structures, such as a cable micro-cell network
using multiple low-powered transmitters and receivers attached to a
wireline system, is unsuitable. Cost of alternative technology that exceeds
new Tower or Antenna development shall not be presumed to render the
technology unsuitable.
N. Removal of Abandoned Antennas, Antenna Structures, or Towers. Any
Antenna, Antenna Structure, or Tower that is not operated for a continuous period
of twelve (12) months or for which the annual administrative fee is not paid
within a twelve (12)month period shall be considered abandoned, and the owner
of such Antenna, Antenna Structure, or Tower shall remove same from within
ninety (90) days of receipt of written notice from the UNITED CITY OF
YORKVILLE notifying the owner of such abandonment. If such Antenna,
Antenna structure, or tower is not removed within said ninety(90) days the
M UNITED CITY OF YORKVILLE shall remove such Antenna, Antenna Structure,
or Tower at the owner's expense and file a lien against the real estate for the cost
of removal or such other action as provided by law. If there are two or more users
of a single Antenna, Antenna Structure, or Tower, then this provision shall not
become effective until all users cease using the Antenna, Antenna Structure, or
Tower.
O. Co-Location. A request for approval of a Special Use Permit for the installation
of an Antenna, alternative Antenna, Antenna Structure or Tower, the Zoning
Board may by express condition require that the applicant shall allow, on a
commercially reasonable basis, other providers of personal wireless
telecommunications services to co-locate additional antennas or antenna structures
on a free-standing pole which is part of applicant's proposed personal wireless
facility, where collocation is technologically feasible.
10-15-6 NON-CONFORMING USES
A. Prohibited Expansion of Non-Conforming Use. Towers that are constructed and
Antennas that are installed in accordance with the provisions of this Ordinance
shall not be deemed to constitute the expansion of a non-conforming use or
structure.
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Tower Ordinance
/ B. Pre-Existing Towers. Pre-existing Towers shall be allowed to continue their
usage as they presently exist. Routine maintenance (including replacement with a
new Tower of light construction and Height) shall be permitted on such
pre-existing Towers. New construction other than routine maintenance on a
pre-existing Tower shall comply with the requirements of this Ordinance.
C. Rebuilding Damaged or Destroyed Non-Conforming Antennas, Antenna
Structures or Towers. Notwithstanding any provision in this Ordinance to the
contrary,bona fide non-conforming antennas, Antenna Structures or Towers or
Antennas that are damaged or destroyed may be rebuilt without having first
obtained administrative approval or a Special Use Permit and without having to
meet the separation requirements specified elsewhere in this Ordinance. The type,
height, and location of the Tower on site shall be of the same type and intensity as
the original facility approved. Building permits to rebuild a facility shall comply
with the then applicable building codes and shall be obtained within one hundred
and eighty(180) days from the date the facility is damaged or destroyed. If no
permit is obtained within the time specified or if said permit expires, the Tower or
Antenna shall be deemed abandoned as specified in Title 10, Chapter 15, Section
5 (N).
10-15-7 ANNUAL REPORTING OF INFORMATION.
Each owner of an Antenna, Antenna Structure, or Tower regulated under this Ordinance, and
including those previously existing structures which would have been regulated under this
Ordinance, shall, on an annual basis, furnish the UNITED CITY OF YORKVILLE, with such
information as is required by the UNITED CITY OF YORKVILLE to aid with the
administration of this Ordinance, such as changes in availability of space on any Tower for
collocation of additional Antennas,plans to abandon a position on a Tower, thereby leaving
space for the possible collocation of another Antenna, plans and/or willingness to modify said
Tower and Antenna structure so as to provide for the possibility of collocation, or intentions to
abandon a tower structure, or other non-proprietary information as may be required by the
UNITED CITY OF YORKVILLE. Upon written notice from the UNITED CITY OF
YORKVILLE to the owner thereof, the effective date of this Ordinance, which Tower and/or
Antenna Structure would otherwise be regulated by this Ordinance, shall register with the
UNITED CITY OF YORKVILLE, and shall provide such non-proprietary information as is
deemed useful by the UNITED CITY OF YORKVILLE for administration of this Chapter. This
Section is specifically deemed to have retroactive effect.
Section 7: Severability. Various parts, sections and clauses of this Ordinance are hereby
declared to be severable. If any part, sentence, paragraph, section or clause is adjudged
unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Ordinance
shall not be affected thereby.
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Tower Ordinance
Section 8: Repealer. Any ordinances or parts thereof in conflict with the provisions of this
' Ordinance are hereby repealed to the extent of such conflict.
Section 9: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval by the Mayor and City Council, and publications as required by law.
IN WITNESS WHEREFORE, this Ordinance has been enacted this 23rd day of March,
2000.
MAYOR
ATTEST:
PUTY ITY CLERK
N
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