HomeMy WebLinkAboutOrdinance #3094 ORDINANCE NO. 3094
AN ORDINANCE AMENDING TITLE 10 (ZONING REGULATIONS)
CHAPTER 15 (GENERAL PROVISIONS)
SECTION 25 (RADIO, TELEVISION TOWERS)
WHEREAS, the Joint Planning & Zoning Commission has determined that it is in the
best interest of the citizens of Canton, Illinois, to amend Title 10 (Zoning Regulations) Chapter
15 (General Provisions) Section 25 (Radio, Television Towers) to also regulate communications
and cell towers; and
WHEREAS, the City of Canton is desirous of exercising its authority to regulate
communications and cell towers; and
WHEREAS, in furtherance of its statutory powers to amend the Municipal Code for the
City of Canton, the City Council and the Mayor, have determined that it is the best interest of the
City to amend the Code to include communications and cell towers.
NOW THEREFORE, BE IT ORDAINED, by the Mayor and the City Council for the city of
Canton, Illinois, as follows:
1. The City of Canton Municipal Code, Title 10 "Zoning Regulations," Chapter 15 "General
Provisions," Section 25 "Radio, Television Towers" is hereby deleted in its entirety and
shall read as follows:
10-15-25: RADIO, TELEVISION, COMMUNICATIONS AND CELL TOWERS:
This Ordinance establishes parameters for the siting of commercial Wireless
Telecommunications Facilities. By enacting this Ordinance, it is the City of Canton's intent to:
(1) Encourage the use of existing Monopoles, Towers, Utility Poles and other
structures for the collocation of Telecommunications Facilities;
(2) Encourage the location of new Monopoles and Towers in non-residential areas;
(3) Minimize the number of new Monopoles and Towers that would otherwise need to
be constructed by encouraging the use of existing structures;
(4) Encourage the location of Monopoles and Towers, to the extent possible, in areas
where the adverse impact on the community will be minimal;
(5) Minimize the potential adverse effects associated with the construction of
Monopoles and Towers through the implementation of Stealth Telecommunication
Facilities; reasonable design, landscaping and construction practices;
(6) Ensure public health, safety, welfare, and convenience.
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All public broadcast radio, television and other transmitting or relay antenna towers may be
permitted in a B-2, I-1, and 1-2 district, provided such has access upon a major street and do not
exceed 180' in height from ground level to the top of the highest point of the combined antenna
and support structure. Towers exceeding 180' in height must obtain a variance from the Joint
Planning and Zoning Commission.
Any commercial Tower or monopole located adjacent to a residential property must have a
horizontal separation distance to the nearest point of the property line at least equal to one-half
the height of the tower. If the location will not allow for a tower-height setback, the petitioner
can submit a structural analysis by a licensed structural engineer specifying a tower design that,
in the event of overloading due to extreme weather, will result in a "bent/kinked" tower but one
that will not fall to the ground. In this instance, the required setbacks will be the maximum
possible for the specific site location but in no event less than the minimum setback requirements
from the lot lines as required by the zoning district in which the facility is to be located.
All facilities must observe the minimum setback requirements from the lot lines as required by
the zoning district the facility is to be located, and a building permit must be issued prior to the
start of construction.
All antenna support structures shall be constructed consistent with standard engineering practice
and shall comply with, or exceed, the manufacturer's specifications. All such structures may not
be loaded beyond the manufacturer's specifications.
Commercial cellular antennas and related equipment may be mounted on existing privately-
owned, non-commercial towers in residential areas for the purpose of filling in areas of poor
communications, without the involvement of the Zoning Administrator or the Joint Planning and
Zoning Commission. It is recommended that there be a written agreement between the cellular
provider(s) and the tower owner.
(A) Exemptions
Ordinary Maintenance of existing Telecommunications Facilities and Support
Structures, existing and operational as of the effective date of this Ordinance and as
defined herein, shall be exempt from zoning and permitting requirements. In addition,
the following facilities are not subject to the provisions of this Ordinance: (1) antennas
used by residential households solely for broadcast radio and television reception; (2)
satellite antennas used solely for residential or household purposes; (3) television and
AM/FM radio broadcast towers and associated facilities, and (4) towers and antennas
used for private, non-commercial hobby and recreational communications and
experimentation, including but not limited to operations in the Amateur Radio Service,
the Family Radio Service, and the Citizens' Radio Service.
(B) Stealth Telecommunications Facilities: Facility for providing wireless service that is
not readily apparent to the casual observer
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(1) Stealth Telecommunications Facilities shall be permitted in all zoning districts
after approval by the Zoning Administrator in accordance with the requirements
below:
(a) Antennas must be enclosed, camouflaged, screened, obscured or otherwise not
readily apparent to a casual observer.
(b) The structure utilized to support the Antennas must be allowed within the
underlying zone district. Such structures may include, but are not limited to,
flagpoles, bell towers, clock towers, crosses, monuments, smoke stacks,
parapets, and steeples.
(c) Setbacks for the supporting structure shall be governed by the setback
requirements of the underlying zoning district.
(d) Stealth Telecommunications Facilities shall be designed to accommodate the
Collocation of other Antennas whenever economically and technically feasible
or aesthetically appropriate, as determined by the Joint planning and Zoning
Commission or Zoning Administrator.
(C) Aesthetics
(1) Lighting and Marking. Telecommunications Facilities or Support Structures shall
not be lighted or marked unless required by the Federal Communications
Commission(FCC) or the Federal Aviation Administration (FAA).
(2) Signage. Signs located at the Telecommunications Facility shall be limited to
ownership and contact information, FCC antenna registration (if required) and any
other information as required by government regulation. Commercial advertising is
strictly prohibited.
(3) Landscaping. In all districts, the Joint Planning and Zoning Commission or Zoning
Administrator shall have the authority to impose reasonable landscaping
requirements surrounding the Equipment. Required landscaping shall be consistent
with surrounding vegetation and shall be maintained by the facility owner. The
Joint Planning and Zoning Commission or Zoning Administrator may choose to
not require landscaping for sites that are not visible from the public right-of-way or
adjacent property or in instances where in the judgment of the Joint Planning and
Zoning Commission or Zoning Administrator, landscaping is not appropriate or
necessary.
(D) Electromagnetic Interference
(1) In the event of electromagnetic interference to collocated or nearby (within 100 feet)
installations, the owner, operator, or installer of the most recent or newest installation
shall resolve the issue within 5 calendar days of being informed of, or becoming
aware of, the interference.
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(2) In the event of electromagnetic interference to public safety, emergency medical,
emergency management, and/or public works communications, the interfering signal
shall immediately be shut off and the problem corrected by the owner, operator, or
installer, upon notification or upon becoming aware of the problem,.
(3) Interference issues involving consumer electronics (radios, televisions, entertainment
systems, etc.) are not included in this ordinance, and should be resolved between the
parties involved or affected.
PASSED by the City Council of the City of Canton, Illinois and approved by the Mayor
thereof this 17th day of March, 2015, upon a roll call vote as follows:
AYES: Aldermen Gerald Ellis,Justin Nelson,John Lovell, Angela Hale,
Craig West, Tad Putrich, Dave Pickel, Jim Nelson
NAYS: None
ABSENT: None
Approved:
J ff e A. F , ayor
Attest: „!�.
Tana v ey-Rock, City Clerk
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