HomeMy WebLinkAboutOrdinances - MC-06-889 - 07/17/2006 - Zoning Ordinance Wireless Communication FacilitiesORDINANCE NO. MC-06-889
AN ORDINANCE
AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE
TO INCLUDE WIRELESS COMMUNICATION FACILITIES
IN THE CITY OF MCHENRY, ILLINOIS
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on July 6, 2006, in the manner prescribed by ordinance and statute, and as a result of said
hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the
requested zoning text amendment; and
WHEREAS, the Mayor and City Council have determined that it is in the best interest of the
health, safety and general welfare of the citizens of McHenry to adopt regulations for Wireless
Communication Facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. That Chapter III, General District Regulations, of the City of McHenry Zoning
Ordinance is hereby amended to include a new Section O, which shall have the language attached hereto
and incorporated herein as Exhibit A.
SECTION 2. That Group A: Permitted Uses in All Residential Districts, of Table 5 of Chapter
IV, Residential Districts, of the City of McHenry Zoning Ordinance is hereby amended to include a new
item which shall read as follows:
Wireless Communication Facilities, provided they are located on an existing building or structure,
subject to the regulations of Chapter III, Section O herein.
SECTION 3. That Group F: Permitted Uses in All Commercial Districts, of Table 7 of Chapter
V, Commercial Districts, of the City of McHenry Zoning Ordinance is hereby amended to include a new
item which shall read as follows:
Wireless Communication Facilities, provided they are located on an existing building or structure,
subject to the regulations of Chapter III, Section O herein.
SECTION 4. That the text immediately following the phrase, Regulations, in Section D. of
Chapter VI, Office, Industrial, Business Park, Agriculture and Mining Overlay, and Health Care Districts,
of the City of McHenry Zoning Ordinance is hereby amended to read as follows:
Permitted Uses in Agricultural and Mining Overlay Districts,
l . Agricultural purposes, except the keeping of farm animals and horses.
2. Wireless Communication Facilities, provided they are located on an existing building or
structure, subject to the regulations of Chapter III, Section 0 herein.
Conditional Uses in Agricultural and MiningOverlay verlay Districts,
1. The keeping of farm animals and horses.
2. Earth extraction and aggregate extraction and site reclamation.
3. Earth materials processing.
4. Wireless Communication Facilities that are not located on an existing building or
structure, subject to the regulations of Chapter III, Section O herein.
SECTION 5. That Group P: Permitted Uses in All Office Districts, of Table 9 of Chapter VI,
Office, Industrial, Business Park, Agriculture and Mining Overlay, and Health Care Districts, of the City
of McHenry Zoning Ordinance is hereby amended to include a new item which shall read as follows:
Wireless Communication Facilities, provided they are located on an existing building or structure,
subject to the regulations of Section O, Chapter III herein.
SECTION 6. That Group T: Permitted Uses in I-1 Industrial Districts, of Table 9 of Chapter VI,
Office, Industrial, Business Park, Agriculture and Mining Overlay, and Health Care Districts, of the City
of McHenry Zoning Ordinance is hereby amended to insert a new item which shall read as follows:
Wireless Communication Facilities, provided they are located on an existing building or structure,
subject to the regulations of Section O, Chapter III herein.
SECTION 7. That Group U: Conditional Uses in I-1 Industrial Districts, of Table 9 of Chapter
VI, Office, Industrial, Business Park, Agriculture and Mining Overlay, and Health Care Districts, of the
City of McHenry Zoning Ordinance is hereby amended to insert a new item which shall read as follows:
Wireless Communication Facilities that are not located on an existing building or structure,
subject to the regulations of Chapter III, Section O herein.
SECTION 8. That Group V: Permitted Uses in a Business Park District, of Table 9 of Chapter
VI, Office, Industrial, Business Park, Agriculture and Mining Overlay, and Health Care Districts, of the
City of McHenry Zoning Ordinance is hereby amended to insert a new item which shall read as follows:
Wireless Communication Facilities, provided they are located on an existing building or structure,
subject to the regulations of Section O, Chapter III herein.
SECTION 9. That Group W: Conditional Uses in a Business Park District, of Table 9 of Chapter
VI, Office, Industrial, Business Park, Agriculture and Mining Overlay, and Health Care Districts, of the
City of McHenry Zoning Ordinance is hereby amended to insert a new item which shall read as follows:
Wireless Communication Facilities that are not located on an existing building or structure,
subject to the regulations of Chapter III, Section O herein.
SECTION 10. All Ordinances or parts thereof in conflict with the terms and provisions hereof
are hereby repealed to the extent of such conflict.
SECTION 11. This Ordinance shall be published in pamphlet form by and under the authority of
the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 12: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED THIS 17TH DAY OF JULY , 2006
AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON. CONDON.
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 17TH DAY OF JULY , 2006
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MAYOR
ATTEST:
CITY L C
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WIRELESS COMMUNICATION FACILITIES
A. PURPOSE
The purpose of this section is to establish guidelines for the location of wireless communication facilities
(WCF) without prohibiting their location but protecting the health, safety, welfare of the public by and the
character of the area by:
1. recognizing the communication needs of residents and businesses,
2. establishing appropriate standards for WCF sites,
3. preserving the existing unique and rural character of the City,
4. requiring co -location of WCFs,
5. minimizing adverse visual effects of towers and facilities by establishing setbacks and design
standards, and
6. discouraging the creation of new monopole wireless communication towers.
B. GENERAL PROVISIONS
1. APPLICABILITY
No WCF as defined herein shall hereafter be located, erected, moved, reconstructed, extended,
enlarged, converted, or structurally altered unless the required permits have been submitted to
the City and approved.
2. BULK STANDARDS
• WCFs located as permitted uses.
a. No more than twelve (12) feet higher than the structure in or on which they are
located.
b. In accordance with Zoning District requirements.
C. No alteration to the structure for the WCF shall make the structure unsafe to the
public.
WCFs located as conditional uses.
a. The height of any new WCF shall not exceed fifty-five (55) feet, provided,
however, that a WCF greater that fifty-five (55) feet but no more than one hundred
(100) feet, may be allowed upon the granting of a variance. Height is measured
from the base of the structure to the tallest point including any antenna.
b. Setbacks from any public roadway or adjacent property line shall be equal to the
height of the tower. The setback from residentially zoned property shall be double
the height of the tower. As illustrated below in figure 1.
SUTIIAMS
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C. The location, height or construction of this new WCF shall not give this WCF
provider an unfair advantage over any other WCF provider in the City.
3. AESTHETICS
The following requirements apply to all WCF's located in the City:
a. WCF's shall be designed to blend in with its surroundings. This may mean that the
facility be designed as a flag pole, tree or other similar structure. It can also mean that
the WCF may be designed and painted to blend in with the adjacent area, or structure on
which it is located.
b. The WCF site shall be landscaped to provide sufficient screening. See figures 2 and 3
below.
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The WCF shall have no exposed wiring. All wiring must be enclosed within the structure
or pole.
C. REGULATIONS
1. All WCF's must meet the guidelines established by the FCC and FAA.
2. All WCF's shall show the construction of security fencing or climb guards to insure the safety
of the site.
3. No WCF provider identification signage may be erected on site.
4. Site lighting shall conform to the City's lighting ordinance and all FAA or other State or
Federal agency requirements.
5. WCF providers shall notify the City of abandonment of a facility within 30 days. All WCFs
shall be removed within 90 days of abandonment unless an extension is otherwise requested
and granted.
6. All WCFs shall be repaired within 14 days of damage.
7. The WCF providers shall submit copies of all licenses as required by State or Federal
authorities.
8. The WCF provider shall submit all information regarding the ownership of the property, a copy
of the lease agreement and contact information for the WCF provider company.
9. The siting of any WCF shall not interfere with any public safety communications, the City's
wireless mesh network or the City's wireless internet service network.
10. Co -location is required. Co -location is when three (3) or more WCF providers locate on a
single structure.
11. All new freestanding WCF's shall be of a monopole design.
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D. MAINTENANCE AND REPAIR REQUIRED
The appearance and safety of the WCF shall be maintained at all times. A maintenance agreement
shall be filed with the City which details the WCF provider's intent to maintain the site. It shall
contain a contact name, with direct phone line number, fax number and mailing address. Each year
the WCF provider shall submit to the City updated contact information. Failure to maintain the site
properly will be considered a property maintenance violation and is regulated by the City's Municipal
Code.
E. ADMINISTRATION
The following is a list of the necessary information in order to process a WCF.
1. WCFs as permitted uses:
a. All licenses
b. Site Plan showing the location of the WCF including the existing structure and all
adjacent improvements (buildings, landscape, lighting, etc.)
C. Signed contract with the property owner
d. All engineering plans
e. Projected diameter of coverage
2. WCFs as conditional uses:
a. All licenses
b. Proof of ownership of property or lease agreement and signed letter of authorization from
property owner.
C. All applicable application forms.
d. Site Plan (fully dimensioned)
e. Landscape Plan
f. Lighting Plan
g. Engineering Plans
h. Projected diameter of coverage
i. Map of all existing towers, public facilities, and buildings within a 6 mile radius of
proposed site.
j. Written proof describing why the WCF cannot be located on any of the identified existing
towers, public facilities or buildings. Please address each identified site separately.
Once a completed application is received the City shall review the provided materials and return
comments back to the applicant within 30 calendar days. The applicant shall address all of staff s
comments and make a complete re -submittal. After all necessary Staff reviews the request will
proceed to the Planning and Zoning Commission for a public hearing, then to the City Council for
final approval.
F. EXISTING WCFs
All existing WCFs shall be allowed to continue to remain as existing non -conforming uses. Any
proposed new antennas shall be allowed to be constructed on the tower provided the WCF provider
notify the City of intent to do so and the new antenna shall not be higher than the lowest existing
antenna.
G. WIRELESS COMMUNICATION FACILITY DEFINITIONS
ABANDONMENT:
The non use or complete neglect of a WCF or the site upon which it is located. This
excludes if the tower is temporarily not used due to loss of tenant or sale of property.
Temporary non-use is limited to a 90 day period before the WCF is considered abandoned.
HEIGHT:
The height of all proposed WCF improvements on a site shall be determined by measuring
from the bottom of the WCF to the tallest point, including all antennas.
FEDERAL AVIATION ADMINISTRATION:
The Federal Aviation Administration or FAA is responsible for the safety of civil aviation,
which also includes regulating structure which may intrude into airspace.
FEDERAL COMMUNICATIONS COMMISSION:
The Federal Communications Commission or FCC is a federal administrative agency
authorized to regulate and oversee telecommunications carriers, services, and providers on
a national level.
WIRELESS COMMUNICATION FACILITY:
A wireless communication facility or WCF is defined as any antenna, pole, tower, cable,
pedestal, boxes, equipment, devices and appurtenances which are required to make the
WCF fully operational (see examples).
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