HomeMy WebLinkAboutOrd 6411 10/16/2018 Amending Chapter 14 "Zoning" - Small Wireless FacilitiesORDINANCE NO. 6411
AN ORDINANCE AMENDING CHAPTER 14 "ZONING" OF THE
VILLAGE CODE OF MOUNT (PROSPECT ILLINOIS
WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article
VII, § 6 of the Illinois Constitution of 1970; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire
to make certain amendments to the Village Code of Mount Prospect as set forth below; and
WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in
accordance with home rule authority granted to home rule municipalities, the President and Board
of Trustees of the Village of Mount Prospect approve the amendments as set forth below.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1': Section 14.313 "Regulations for Personal Wireless Service Facilities," of
Article III, "General Provisions," to Chapter 14, "Zoning," to the Mount Prospect Village Code shall
be amended as follows:
14.313: REGULATIONS FOR PERSONAL WIRELESS SERVICE & SMALL WIRELESS
FACILITIES:
A. Purpose: The purpose of this section is to provide specific regulations for the placement,
construction and modification of personal wireless service facilities and/or small wireless
facilities within private property, not regulated in Chapter 9 — Article VIIIA entitled "Small
Wireless Facilities", The provisions of this section are not intended and shall not be
interpreted to prohibit or have the effect of prohibiting the provisions of personal wireless
services and'/or small wireless facilities nor shall the provisions of this article be applied in
such a manner as to unreasonably discriminate among the various companies that provide
personal wireless services and/or small wireless facilities.
To the extent that any provisions, or provisions of this section, are inconsistent or in conflict
with any other provisions of this chapter, the provisions of this section shall control. If these
rPmlntinns rnnflirt/rnntrnriirtt Chanter 9 — Article VIIIA PntitlPrl Small Wiralacc FarilltleS"
�,. .._,._ _...,.
Chapter 9 will control on the reaulation of small wireless facilities in the public right of way.
B. Village Action: In reviewing any request, the village board shall act within a reasonable period
of time after the request is filed with the Village, taking into account the nature and scope of
the request. Any decision to deny such a request shall be in writing and supported by
substantial evidence contained in a written record.
403659_1
C. Petition For Amendment: Should the application of this section have the effect of prohibiting a
person or entity from providing personal wireless service and/or a small wireless facility to all
or a portion of the Village, such provider may petition the village board for an amendment to
this section. The village board, upon receipt of such a petition, shall promptly undertake review
of the petition, taking into account the nature and scope of the petition. Any decision to deny
such a petition shall be in writing and supported by substantial evidence contained in a written.
D. Application And Submittal Requirements'
1. No personal wireless service facility shall be erected, installed or maintained in the Village
unless a permit has been applied for and approved by the community development diFestG
department. -
2. All applications for a personal wireless service facility shall include the following
documentation or information:
a. A written report from a qualified professional engineer that is licensed by the state
setting forth the following:
(1) The facility's height and design including both a cross section and topical elevation;
(2) The height above grade for all potential positions and the minimum separation
distances between antennas;
(3) The number and type of antennas that the facility can accommodate;
(4) A map drawn to scale showing the lot lines, land uses and tree coverage, including
average tree height of all properties within three hundred feet (300') of the proposed
site;
(5) Documentation from the manufacturer that the structure upon which the facility is
located is sufficient from a structural engineering standpoint to bear the anticipated
load. In instances of freestanding structures, this shall include a certificate that the
foundation of the structure is built, constructed and engineered to take into account
the existing soil conditions;
(6) Certification that in the event of a fall or collapse, that the facility is designed and
manufactured to fall entirely within the boundary lines of the lot on which it is
located and that it has been erected in accordance with manufacturer's
specifications;
(7) Certification shall also state that the design complies with all local, state and federal
regulations including, but not limited to, stormwater regulations; and
(8) Such other documentation as the Village may require.
b. The application shall include "before and after" photos. The "before" photo should be a
color photo of what can currently be seen from any public road within three hundred
403659_1
feet (300') and the "after" should have the facility superimposed on copies of these
photos.
c. The applicant shall demonstrate that the proposed personal wireless service facility will
not interfere with any existing village public safety communication systems or
residential or commercial application including, but not limited to, television and radio
broadcast signals.
d. The community development director may require review by a third party of the
technical data submitted by the applicant. The applicant is responsible for the cost of
such review and the applicant shall make full payment to the Village. The Village shall
place these funds in an escrow account and make payment to the third party upon the
completion of the technical review. Selection of the third party expert is at the discretion
of the community development director.
E. Placement Of Personal Wireless Service and/or a Small Wireless Facility: A personal wireless
service and/or a small wireless facility may be erected or installed only in accordance with this
section. The personal wireless service facility shall conform to all minimum setback, yard and
height requirements and to all applicable federal laws and regulations concerning its use and
operation. An easement or a lease is required for any new facility on property not owned by
the applicant. The following chart shall govern the placement of all personal wireless service
and/or small wireless facilities:
Antenna
Height
Standards
Setbacks
Adjacent To Not Adjacent To
Residential Use Residential Use
Zonin
Struct
Small
-
g
Distri
Monop
Latti
Guy
ure
Mount'1
Cell
AntennaFro
� Sid
l Fro
� Interi
Exteri
Rea
ct
ole
ce
ed
` s
nt
a
Rear
1 nt
j or
or
I
r
1-1, 1-
` 120'
120'
120'
10'
Refer to
NP
100
100
NP
15'
30'
20'
3,
Section
%
%
O/R
9.8A03
heig
heig
ht
ht
B-37
70'
NP
NP
10'
1 Refer to
NP
100
100
NP
10'
30'
20-
B-4
Section
%
%
9.8A03
heig
heig
ht
ht
`
I
B-5
NP
NP
NP
10'
NP
NP
100
100
NP
100%
100%
100
%
%
j heigh
height
%
heig
heig
t
heig
ht
ht
ht
403659_1
B-
NP
NP NP 1 10'
1 NP
NP 100
100
NP
100%
100%
100
5C
%
%
heigh
, height
%
heig
heig
t
heig
ht
ht
j ht
C-R
70'
NP NP 10'
CU
NP 100
100
NP
100%
1100%
100
%
%
heigh
[ height
%
j
heig
I heig
t
i heig
ht
ht
ht
1,
70
NP NP 10
Refer to
NP 100
100
NP
10'
30'
20'
B-2
1
t Section
%
%
9.8A03
i heig
heig
ht
ht
R -X,
R-1,
R -A,
R-2,
R-3,
R-4
Notes
NP j 10' 2 CU
1.Height above the existing structure.
2.No more than 1 per residential unit permitted.
3.With respect to Small Cell Antennas the NP designation only applies to privatep[gpgAy and
not public right of way,
NP = Not permitted.
F. Collocation Of Personal Wireless Service Facilities:
Placement: The Village encourages collocation to minimize the proliferation of antenna
supporting structures. Owners, lessees, or their representatives shall cooperate in good
faith to achieve collocation when it is in the best interest of the Village to do so. The Village
may require the execution of an agreement to permit collocation unless such collocation
proves to be impractical. The Village may grant access to municipal property and/or lower
application fees to carriers locating two (2) or more users on a single tower. A proposal
for a new personal wireless service facility shall not be approved unless the applicant
provides written proof that the telecommunications equipment planned for the proposed
tower cannot be accommodated on an existing or approved tower, structure, monopole
that already exists within a one-fourth (1/4) mile radius of the proposed tower for one or
more of the following reasons:
a. The planned equipment would exceed the structural capacity of the existing or approved
tower or structure, as certified by a qualified professional engineer that is licensed in
the state, and the existing or approved tower cannot be reinforced, modified, or
replaced to accommodate the additional facility at a reasonable cost;
403659,_1
b. The planned equipment would cause interference materially affecting the usability of
other existing or planned equipment at the tower or structures as documented by a
qualified and licensed professional engineer and the interference cannot be prevented
at a reasonable cost;
c. Existing or approved towers and structures within the search radius cannot
accommodate the planned equipment at a height necessary to function reasonably as
certified by a qualified and licensed professional engineer;
d. Other unforeseen reasons that make
telecommunications equipment upon an
certified by an appropriate professional.
it not feasible to locate the planned
existing or approved tower or structure as
2. Structure Design: Any proposed guyed, lattice, or monopole tower shall be designed
structurally, electrically and, in all respects, to accommodate both the applicant's
antennas and comparable antennas for at least two (2) additional users. Towers must be
designed to allow for future rearrangement of antennas upon the tower and to accept
antennas mounted at varying heights.
G. Design Criteria: Antennas mounted on water towers shall not extend more than ten feet (10')
beyond the height of the water tower. All antennas, except those mounted on monopoles,
shall be designed to be compatible with neighboring buildings and uses, and shall match or
blend with the structure to which they are attached so the antenna is virtually invisible to the
casual observer. Antennas installed on buildings shall not extend more than ten feet (10')
beyond the height of the structure and shall be painted to match the color of the building to
which they are affixed. As such, monopoles and any accompanying equipment shall be
painted a uniform, neutral color. Towers may not display logos or company colors.
H. Screening: A combination of landscaping, berming, fences or other screening materials shall
be utilized to maintain or enhance the existing character of the property surrounding a
personal wireless service and/or a small wireless facility. All structure bases shall be
completely screened from view.
I. Abandoned Or Unused Facilities: Abandoned or unused facilities, towers, or portions of towers
shall be removed as follows:
All shall be removed within six (6) months of cessation of use or of notifying the FCC of
intent to cease operations at the site, whichever comes first, unless a time extension is
approved by the community development director. A copy of the relevant portions of a
signed lease which require the applicant to remove the tower and associated facilities
upon cessation of operations at the site shall be submitted at the time of application. Any
tower and associated facilities not removed within six (6) months of the cessation of
operations at a site shall be deemed a nuisance and may be abated according to the
nuisance provisions of this code.
2. Unused portions of towers above a manufactured connection shall be removed within
two (2) months of the time of the abandonment of that portion unless the Village has
specifically designated that portion for future collocation.
4036591
Utility Buildings And Structures: All utility structures and structures accessory to a personal
wireless service and/or a small wireless facility tower shall be architecturally designed to blend
in with the surrounding environment and shall meet the minimum setback requirements of the
underlying zoning district. Ground mounted equipment shall be screened from view by
suitable vegetation. The maximum height for an accessory utility structure is twelve feet (12')
and shall be no larger than six hundred (600) square feet.
K. Signs And Advertising: The use of any portion of a tower for signs other than warning or
equipment information is prohibited.
L. Temporary Facilities: Temporary personal wireless service facilities shall conform to all of the
setback and yard requirements of the district in which they are located. A temporary personal
wireless service facility shall not exceed the height of the facility previously approved for the
property, or one hundred feet (100') in the case of a special event. Only one temporary
personal wireless service facility will be allowed per site at any one time, unless the approved
facility on the subject site allows for collocation, in which case the permissible number of
temporary facilities on that site shall be the number approved for that facility. A temporary
personal wireless service facility must be located behind the front plane of any principal
structure that is on the lot. A temporary personal wireless service facility may be allowed only
in accordance with subsection E of this section.
A request for a temporary personal wireless service facility may be granted only by the village
manager in such reasonable numbers and with such reasonable conditions as the manager
may deem appropriate. Any request for additional time beyond that set forth in this subsection
L, shall be subject to review by the planning and zoning commission and approval of the
village board.
Special Events: Temporary personal wireless service facilities shall be permitted for
each licensed carrier for special events (temporary sporting or entertainment events) of
a period of one week. No more than three (3) such promotions shall be allowed per
carrier in a calendar year.
2. Repairs And Equipment Upgrading: If a permanent personal wireless service facility is
under repair or equipment is being upgraded, a temporary facility shall be permitted for
each licensed provider for a period of up to ninety (90) days. The owner of the facility
must certify in writing the necessity for the repair or equipment upgrade.
M. Insurance: The provider must tender to the community development director on an annual
basis, proof of public liability insurance covering the facility in an amount not less than as set
forth in appendix A, division I of this code.
N. Compliance: All personal wireless service and/or a small wireless facilities must maintain
compliance with the approved plans and specifications. If the personal wireless service and/or
a small wireless facility becomes noncompliant with approved plans and specifications due
to, but not limited to: discoloration, cracking, missing components, rusting, settling, damage
or general disrepair; then the owners of the personal wireless service facility and the owner
of the structure or lot on which the personal wireless service and' /or a small wireless facility is
located will be jointly and severally responsible for remedying the specific nonconformities.
These nonconformities must be remedied within forty five (45) days after written notice,
detailing these nonconformities, sent by the Village to the owner of the personal wireless
403659_1
service and/or a small wireless facility and the owner of the structure or lot. Failure to remedy
all of the cited nonconformities, within the forty five (45) day time period, shall be punishable
by a fine not exceeding the amount as set forth in appendix A, division III of this code, each
day that the violation continues.
O. Certificate Of Completion: All personal wireless service and/or a small wireless facilities shall
obtain a certificate of completion from the building division prior to facility operation. Carrier(s)
must meet all village codes and provide copies of the following documentation prior to
receiving a certificate of completion:
1. Federal aviation administration permit and the FAA reply;
2. Copy of the FCC permit and intermodulation interference report;
3. Copy of the annual filing to the FCC stating the carrier's compliance with all FCC rules
and regulations. (Ord. 6286, 12-6-2016)
SECTION 2: Section 14.604, "Land Use Table" of Article VI, "Zoning Districts" to Chapter
14, "Zoning," to the Mount Prospect Village Code shall be amended as follows:
403659_1
B-
B- B-
B-
1 B-
B-
1- 1 -
Land Use
1
2 3
4
5
5C
O/R
1 3
Accessory structures
-
!!!111
—
P
Accessory uses (10 percent retail of
permitted uses)
Amusement establishment`"'
Amusement est
establishment indoor
t
C
P
C_
C
only
Animal daycare center and kennels
Cn
c
1
Animal hospital and veterinary clinics
�:
Antique shops
w
IP
P
IP
Archery ranges, shooting galleirues
C
C P
Art and school supply stores
Pi
l
Art and woodcraft studios
i°�:�
Art, sculptor, and composer studios
P p
•:h
�
p
(P
P
403659_1
Art shops or galleries (not auction
rooms)
Automobile accessory stores
Automobile fueling stations
F-F--�
C -FP-[C
I C
c
Automobile garages
c
aa�l� �°r°ral4rwle leasing/rental
U
Automobile maintenance and service
C
P
C
C,,
center
Automobile sales, new or used (with 2
C
acres or less)
Automobile sales, new or used (with
j
C
P
C
C
over 2 acres)
i
Bakeries
Banks and financial institutions
C
p
Banquet halls
(
P
P
l
Barber and beauty shops
P
P
P
P
P
Bicycle sales, rental and repair
P
F�--
P
T- P
r
Billiard and pool halls
C
C
C
T -C
Boat showroom, sa0e s and re aaIi
C
�
Bowling alleys
F -FV
1 P
P
TP
�
BrewerI F
_
00
00
I
P
CU C i Jl
Business machine sales
b
Camera and photo supply stores, film
!
P
P
P
P
developing
Candy and ice cream stores
�P -�
P
[P
P
F P —T
Car wash.
�----�----�-C---�-P
C --_I
C
I
Carpet and rug stores, retail sales
r
F --
FP
P
TP
P
j
rCartage and express facilities
F ---
F—
F
F
F ---
Catering services
(-_ �-�
-_-�� C
C
C
�i�ramm"gra��fl�n;Juisu�ri�mmn�oonmw�r' aorkuriun�r�uu�m!waumu�ua�Nu�niruaw+uu�+diu��err��m��a�ua�6aisrr�nrirhon�aunrv�u�������irom���i�rA�wm�ouu"ri�urPrm�uu7itiimuwuo�aiuu�miriuuuiriwuur;rumiira»ww�
4036591
Children's recreation centers
f i,"a and glassware stores
Clothing and apparel a retail stores
pp I i �
Clothing and costume rental stores
Clubs and lodges
Coin and philatelic stores
Colleges and universities
Commercial greenhouses and
nurseries
Compost collection facility
Computer offices and facilities
Computer sales, service and
accessories
Concrete fabrication
Contractors', architects' and engineers' P P P P P
offices I
Contractors', architects and engineers' C
storage yards
Contractors' showrooms
Convenience stores
Convention and exhibition halls
LOEMMMM��
Craft Distillery
403659_1
')riving, schools � � � � C �P 1:.�� h��'� � 1P
Dry cleaning plants
Dwelling units, located above the first C P P'
floor
Dwelling units on ground floor
Exterminating services
Floor covering store
Florist
Food store, grocery store, meat
market and delicatessen
Funeral homes
Furniture store
Furrier shops
Gift shop
Health services, clubs, recreation
centers, or gymnasiums
Hearing aid stores
Home improvement center (no outdoor P P P P
storage)
Home improvement center with
outdoor storage
Hospitals
Hotelsmotels
Household electrical appliance stores ( ( I P ` P ( P ( P
Interior decorating shops P P
403659_1
7-7-1-7-1-
F -F-7
-
P
T ----T-
P-
�
P
P
P
... . ................ . . .
PPPPPI
C-
[----T---J--P
-1-P
FVTP=+F-7
F
F--
FP-
FP-
FP-
I P
-ip
p
i pip
i�p '
IP
P
P
P
F -F
-T
P
P-
F P
P-
.......... ...... ...... . .. .. . [C ---]C
Home improvement center (no outdoor P P P P
storage)
Home improvement center with
outdoor storage
Hospitals
Hotelsmotels
Household electrical appliance stores ( ( I P ` P ( P ( P
Interior decorating shops P P
403659_1
only
Lawn and garden equipment and
P
IP
IP
P
supply
Leather goods and luggage stores
U
Libraries
1
II
F
"
Light assembly and repair
F
� P
�P
F
F
F
F
�
Liquor stores, packaged goods
IP
IP
rip
P
I
Locksmith shop
P
P
P
P
Machinery sales
---�---�C
—�--�^--�-----.�__
Mail order, catalog stores
-- -
- -
P
�IP
— --
IP
IP
-.. _
Mail order—�--I
---�
�I
....
....heavy
Manufacturing,
Fr
_
I
C
Manufacturing, lightF
IP
Martial arts school
F-F�
P
FP-j
P
P
Massage establishments
C
�-C
C
C
1
Medical or dental offices
�
Miniwarehouse
—1-77
—1-
P
P
Motorcycle, snowmobile, or personal
C
watercraft sales
Municipal buildings
I
Museums
Music stores
P
P
IP
IP
Musical instrument sales and repair
(')ffic,e machine sales and servicing
I
403659_1
Office supp ly stores P
Offices, business and professional P P
Optical, orthopedic and medical
P P P P
appliance sales
Outside display and sales
C
C
Outside serVce
C
C
Paint and wallpaper stores
F
p
U=
U=
F P
Parking lots, other than accessory
C
C
I::)-
C -
C
parking
Party supply -stores
P
P,
P
P,
Personal wireless service facilities
PP
U�)
P P,
P P
Pet shops and grooming
P
P
J P
P
establishments
Petroleum tank farm and related
C
accessory uses
Photo developing and image transfer
U
P
U
P,
I-
F
Photography studios
l:)
P
l!!)
f!
-
Picture framing
P
Planned unit developments
C C
C
C
c
Plastics processing
C
Post office
FF -
P
P
P J
T7
Printing and duplicating
�P
P
Printing and publishing
P
establishments
Public utility and service uses
C
C
Public works and park district storage
yards and related facilities
Radio and television stations studios
FT
C
-P---
C
and towers
Recycling collection centers
C P
4036591
IC
Religious institutions
Repair, rental and servicing of any P P P P
article of which is permitted use in the
district
Research laboratories and testing
facilities
Restaurants
C
Restaurants, including entertainment P P P P C
and dancing
Secondhand stores and rummage
shops
Shoe stores
- - - - — - - - - - - ----- - ----------- - - - -------------- I
Sporting goods stores
Sports training and teaching
establishments
F_
Stadiums, auditoriums and arenas
Tailor shops
Tanning sMori,
Taverns and cocktail lounges
Taxi dispatch centers
Theaters
Theaters, drive-in
Ticket agencies
Tobacco shops
Towing agencies
Toy shops
F
P
- P
P
1_____F__F�_�_
P
P
F-._f-_-
P__T_
FP_
_
FP____
P
T PF_
C
C
C
P
FT
-J
P -]F
-PIP
FP
-1
F F- F- F- 7
P P P I --
Trade or vocational schools (excluding P
C
cosmetology)
Trailer and camper sales and rental
Transfer stations for refuse disposal co P
4036591
Travel agencies
Truck sales, rental and repair
Tutoring center
Unique use
Warehouse, distribution and storage
facilities
Watchman's quarters
Wholesale establishment
SECTION 3: Section 14.2401 "Purpose," of Article XXIV, "Definitions," to Chapter 14,
"Zoning," to the Mount Prospect Village Code shall be amended to add the below definitions as
follows:
BREWPUB: A restaurant which brews beer on its premises, and is licensed as a brew pub b the
State of Illinois.
B-6 and B -5C Zoning,Districts space shall include a retail component, including -areas for sales
Of packaged beer or distilled spirits, as well as seating areas for consumption. In 1-1 Zoning
District. the retail portion of the space shall not exceed 10% of the floor area.
SMALL WIRELESS FACILITY: Refer to Section 9.8A03 of this Code.
STRUCTURE MOUNTED ANTENNA: Antennas located on private property, typically located on
structures such as streetlights,, water towers, utility poles and sides and roofs of buildings.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form in the manner provided by law.
AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: None
PASSED AND APPROVED this 16th day of October, 2018
4036591
�"�P"
:;;k
)
p
i P
C
c
C
C
II'°"
I
I
F�
_
r
SECTION 3: Section 14.2401 "Purpose," of Article XXIV, "Definitions," to Chapter 14,
"Zoning," to the Mount Prospect Village Code shall be amended to add the below definitions as
follows:
BREWPUB: A restaurant which brews beer on its premises, and is licensed as a brew pub b the
State of Illinois.
B-6 and B -5C Zoning,Districts space shall include a retail component, including -areas for sales
Of packaged beer or distilled spirits, as well as seating areas for consumption. In 1-1 Zoning
District. the retail portion of the space shall not exceed 10% of the floor area.
SMALL WIRELESS FACILITY: Refer to Section 9.8A03 of this Code.
STRUCTURE MOUNTED ANTENNA: Antennas located on private property, typically located on
structures such as streetlights,, water towers, utility poles and sides and roofs of buildings.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form in the manner provided by law.
AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: None
PASSED AND APPROVED this 16th day of October, 2018
4036591
Arlene A. Juracek, Village President
ATTEST:
Karen M. Agoranos, Vill ge Clerk
403659_1
m w.