HomeMy WebLinkAboutOrd 4925 04/21/1998 ORDINANCE NO. 4925
AN ORDINANCE AMENDING CHAPTER 14 (ZONING)
OF THE VILLAGE CODE RELATIVE TO WIRELESS SERVICES FACILITIES,
SATELLITE DISHES, AND RELATED EQUIPMENT
Passed and approved by
the President and Board of Trustees
the 21st day of April , 1998
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
22nd dayof April ,1998.
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4/13/98
ORDINANCE NO. 4925
AN ORDINANCE AMENDING CHAPTER 14 (ZONING)
OF THE VILLAGE CODE RELATIVE TO WIRELESS SERVICES FACILITIES,
SATELLITE DISHES AND RELATED EQUIPMENT
WHEREAS, the Village Administration (hereinafter referred to as Petitioner), has filed an
application to amend various sections of Chapter 14 (Zoning) of the Village Code relative
personal wireless service facilities; and
WHEREAS, the text amendments being requested are as follows:
Amend: Sections 14.305.A, Section 14.305.B.4, Section 14.305.C.5, Sections 14.702.A,
14,802.A, 14.902.A, 14.1002.A, 14.1102.A, 14.1202.A, 14.1302, 14.1404,
14.1502, 14.1602, 14.1702, 14.1802, 14.1903.A, 14.2002 and 14.2102
Delete: Sections 14.1503.9, 14.1603.6, 14.1703.20, 14.1803.14, 14.1904.20, 14.2003.7
and 14.2103.26
Create: Section 14.313 entitled "Regulations for Personal Wireless Telecommunication
Facilities
WHEREAS, a public hearing was held on the request for text amendments, being the subject of
ZBA Case No. 25-97 before the Zoning Board of Appeals of the Village of Mount Prospect on the
26th day of February, 1998 and the 26th day of March, 1998, pursuant to due and proper notice
thereof having been published in the Mount Prospect Journal and Topics on the 10th day of
September, 1997 and the 6th day of February, 1998 and in the Daily Herald on the 5th day of
March, 1998; and
WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation relative
to ZBA 25-97 to the President and Board of Trustees of the Village of Mount Prospect; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have
considered the request being the subject of ZBA 25-97 and have determined that the best
interests of the Village of Mount Prospect would be served by granting said request.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of
fact by the President and Board of Trustees of the Village of Mount Prospect.
SECTION TWO: That Section 14.305.A entitled "General Provisions" of Article III of Chapter 14
(Zoning) of the Village Code, as amended, is hereby further amended by adding thereto
paragraph 2; so that hereafter said Section 14.305.A.2 shall be and read as follows:
"2. Satellite Dishes under one meter in diameter and Personal Wireless Service
Facilifies. Satellite dishes that are less than one meter (39.37") in diameter and
Personal Wireless Service Facilities are not regulated by this Section 14.3052
SECTION THREE: That Section 14.305.B.4.a entitled "Residential Zoning Districts" of Article III
of Chapter 14 (Zoning) of the Village Code, as amended, is hereby further amended by deleting
said Section 14.305.B.4.a and substituting therefor the following; so that hereafter said Section
14.305.B.4.a shall be and read as follows:
"a. Residential Zoning Districts. Roof-mounted dish antennas located on residential
buildings shall not exceed one meter in diameter. Roof-mounted dish antennas
located on educational, religiqus,~or Municipal buildings .shall ~not exceed ten feet
(10') in diameter."
SECTION FOUR: That Section 14.305.C.5 entitled "Screening" of Article I11 of Chapter 14
(Zoning) of the Village Code, as amended, is hereby further amended by deleting said Section
14.305.C.5 and substituting therefore the following: so that hereafter said Section 14.305.C.5
shall be and read as follows:
"5. Screening. All roof-mounted dish antennas larger than one meter in diameter
must be fully screened from view from adjacent roadways and properties
(between grade level and 10' above grade level) with materials which are
compatible with the building to which they are accesso~j."
SECTION FIVE: That the following Sections of Chapter 14 (Zoning) be amended by deleting the
"Antenna towers, ground-mounted, exceeding seventy five (70') in height':
Sec. 14.1503.9 (Antenna towers, ground-mounted, exceeding seventy
feet (70') in height)
14.1603.6
14.1703.20
14.1803.14
14.1904.20
14.2003.7
14.2103.26 "
SECTION SIX: That Chapter 14 (Zoning) of the Village Code, as amended, is hereby further
amended by creating Section 14.313 entitled "Regulations for Personal Wireless
Telecommunication Facilities"; so that hereafter said Section 14.313 shall be and read as
follows:
" Section 14.313 Regulations for Personal Wireless Telecommunication Facilities
A. Purpose.
The purpose of this chapter is to provide specific regulations for the placement,
construction and modification of personal wireless telecommunication facilities. The
provisions of the chapter are not intended and shall not be interpreted to prohibit or
have the effect of prohibiting the provisions of personal wireless services, 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.
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To the extent that any provisions, or provisions of this chapter, ara inconsistent or in
conflict with any other provisions of this title, the provisions of this chapter shall
control.
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 raquest shall be in writing and
supported by substantial evidence contained in a written record.
C. Petition for Amendment.
Should the application of this chapter have the effect of prohibiting a person or entity
from providing personal wireless service to all or a portion of the Village, such
provider may petition the Village Board for an amendment to this chapter. 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 record.
D. Application and Submittal Requirements.
1. No personal wireless service facility shall be eracted, installed or maintained
in the Village of Mount Prospect unless a permit has been applied for and
approved by the Director of Community Development.
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 of Illinois setting forth the following:
(1) the facili~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 free-standing 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, storm water 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 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 Director of Community Development 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 of Mount Prospect. 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 Director of Community Development.
E. Placement of Personal VVireless Service Facility.
A personal wireless service facility may be erected or installed only in accordance with this
chapter. The personal wireless service facility shall conform to all minimum setback, yard
and height requirements and to all applicable Federal laws and regulations conceming 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 facilities:
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Antenna Standards Setbacks
Zoning Mono- Lattice Guyed Structure Adjacent to residential Not Adjacent to residential use
District pole Mount ** use
Height Front Side Rear Front Interior Exterior Rear
I1, OR 120' 120' 120' 10' NP i~a~.t ~,e~G,t NP 15' 30' 20'
B-3 70' NP NP 10' NP Io~,flat ~"a~ NP 10' 30' 20'
B-5 NP NP NP 10' NP r~,el~t i~,e~,t NP i~,eG,t I~HEla~T I~0flH£t~T
B-5C NP NP NP 10' NP ~,[~at ~""~ NP ~,[rat ioo~ 1~t16aT i~e~ HEI6HT
OR 70' NP NP 10' NP i¢,~ ,a6,T 10~I{[16,TNP ~ ~ ~,a~t
B1, B2 70' NP NP 10' NP ~,aat ~,aat NP 10' 30' 20'
~,m, NP NP NP 10'*
* No mom ~an one ~r r~iden~al un~ perm~
** He~ht above ~e e~ng s~u~ure
NP = Not Pe~
F. Co-Location of Personal Wireless Service Facilities
1. Placement. The Zoning Board of Appeals and the Village Board shall consider whether the
plans provide for co-location. The Village of Mount Prospect encourages co-location to
minimize the proliferation of antenna-supporting structures. Owners, lessees, or their
representatives shall cooperate in good faith to achieve co-location when it is in the best
interest of the Village to do so. The Village may require the execution of an agreement to
permit co-location unless such co-location proves to be impractical. The Village may grant
access to municipal property and/or lower application fees to carriers locating two 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 telecommunication equipment
planned for the proposed tower cannot be accommodated on an existing or approved tower,
structure, monopole that already exists within a one quarter 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 of Illinois and the existing or approved tower cannot be reinforced, modified, or
replaced to accommodate the additional facility at a reasonable cost;
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
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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 it unfeasible to locate the planned
telecommunications equipment upon an existing or approved tower or structure as
certified by an appropriate professional.
2. Structure Desi,qn. Any proposed personal wireless telecommunication service facility shall
be designed structurally, electrically and, in all respects, to accommodate both the
applicant's antennas and comparable antennas for at least two 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. As such,
monopoles and any accompanying equipment shall be painted a uniform, neutral color. Towers
may not display Iogos 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 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:
1. 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 Director of Community Development. A copy of the relevant portions of a signed lease
which requires 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 the
Village 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 co-location.
J. Utility Buildings and Structures.
All utility structures and structures accessory to a personal wireless service facility tower shall
be architecturally designed to blend in with the surrounding environment and shall meet the
minimum set back 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 co-location, 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 Section 14.313.E
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 these paragraphs (1)
and (2) shall be subject to review by the Zoning Board of Appeals and approval of the Village
Board.
1. Special Events. Temporary personal wireless service facilities shall be permitted for each
licensed carder 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 carder in a
calendar year.
2. Repairs and Equipment Upqradin,q. 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 pedod of up to ninety (90) days. The owner of the facility must certify
in wdting the necessity for the repair or equipment upgrade.
M. Insurance.
The provider must tender to the Director of Community Development on an annual basis, proof
of public liability insurance covering the facility in an amount not less than one million dollars
($1,000,000.00).
N. Compliance.
All personal wireless service facilities must maintain compliance with the approved plans and
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specifications. If the personal wireless service facility becomes non-compliant 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 facility is
located will be jointly and severally responsible for remedying the specific non-conformities.
These non-conformities must be remedied within forty-five (45) days after wdtten notice, detailing
these non-conformities, is sent by the Village to the owner of the personal wireless service facility
and the owner of the structure or lot. Failure to remedy all of the cited non-conformities, within
the 45 day time pedod, shall be punishable by a fine not exceeding $500 each day that the
violation continues.
O. Certificate of Completion.
All Personal Wireless Service 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 pdor 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
P. Definitions.
ANTENNA The sufl'aca from which wireless radio signals are sent and
received by a personal wireless service facility. UAntenna"
should not be used as a synonym for "call site."
APPLICANT A person or company with an application before the Village for
a permit for a personal wireless service facility.
CO-LOCATION The use of a single mount on the ground by more than one
cartier (vertical co-location) and/or several mounts on an
existing building by more than one carrier.
FACILITY See Personal Wireless Service Facility definition.
GUYED TOWER A monopole or lattice tower that is tied to the ground or other
surface by diagonal cables.
LATTICE TOWER A ground mounted structure that is self-supporting with
multiple legs and cross-bracing of structural steel.
MONOPOLE A type of ground mounted structure that is self-supporting
with a single shaft of wood, steel or concrete and a platform
(or racks) for panel antennas arrayed at the top. Vertical co-
locations often have arrays at intermediate positions on the
monopole.
PERSONAL WIRELESS Commemial mobile radio services, unlicensed wireless
SERVICES services, and common carrier wireless exchange access
services.
PERSONAL WIRELESS The plant, equipment and property, including but not limited
SERVICE FACILITY to: cables, wires, conduits, ducts, pedestals, antennae,
electronics and other appurtenances used or to be used to
transmit, receive, distribute, provide or offer
telecommunications services, as further defined in the
Telecommunications Act. A personal wireless service facility
is the appropriate term for "cell site" in ordinances and other
official documents.
STRUCTURE MOUNTED Structure Mounted Antenna is typically located on structures
ANTENNA such as street lights, traffic lights, water towers, utility poles
and sides and roofs of buildings.
UNLICENSED WIRELESS Commercial mobile services that can operate on public domain
SERVICES frequencies and, therefore, need no Federal Communications
Commission (FCC) license for each cell site, such as an
amateur radio facility:
WHIP ANTENNA A thin rod that beams and receives a signal in all
directions,"
SECTION SEVEN: That Chapter 14 (Zoning) of the Village Code, as amended is hereby further
amended by adding the wording "Wireless Service Facilities shall be permitted as set forth in Section
14.313.E.;" so that hereafter the following Sections shall include the following:
Sec. 14.702.A Wireless Service Facilities shall be permitted as set forth in Section 14.313.E
Sec. 14.802.A
Sec. 14.902.A
Sec. 14.1002.A " "
Sec. 14.1102.A
Sec. 14.1202.A
Sec. 14.1302
Sec. 14.1404
Sec. 14.1502 " "
Sec. 14.1602
Sec. 14.1702
Sec. 14.1802
Sec. 14.1903.A
Sec. 14.2002
Sec. 14.2102
SECTION EIGHT: That this Ordinance shall be in full force and effect from and after its passage,
pproval and publication in pamphlet form in the manner provided by law.
AYES: Clowes, Hoefert, Lohrstorfer, Nocchi, Wilks
NAYS: None
ABSENT: Corcoran
PASSED and APPROVED this ;'1st day of Apri] , i998.
Gerald L. Faney
Village President
A'FI'EST:
Carol A. Fields
Village Clerk
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