[Added 3-6-2012 by Ord. No. 12-01]
A. 
The provisions of this article are to promote the general health, safety and welfare of the citizens in the community by addressing possible impacts of wireless infrastructure. Possible impacts include, but are not limited to, safety considerations related to the construction of wireless communication towers; the introduction of a commercial use in residential areas; aesthetic considerations such as height, visual, color and camouflaging issues; adjacency to historic or other culturally significant districts; environmental and wildlife considerations; and other similar considerations.
(1) 
The purpose of this article also is to establish regulations for the siting of wireless communications towers and antennas in order to:
(a) 
Protect residential areas and land uses from impacts of towers and antennas;
(b) 
Encourage location of antennas and towers in nonresidential areas;
(c) 
Encourage collocation of new and existing tower sites;
(d) 
Minimize impacts of towers and antennas on the community.
(2) 
The provisions of this article do not apply to § 24-32.1, Amateur radio/citizens radio antennas, of the Evanston City Code. Antenna support structures shall comply with the requirements of § 24-32.2, Airport protection district, of the Evanston City Code.
B. 
Authority is granted to the governing body of cities and towns by Wyoming Statutes § 15-1-601 to regulate and restrict the height, location and size of buildings and other structures for the public health, safety and welfare of its citizens.
C. 
The Planning and Development Department is authorized to request any supporting documentation or information in conjunction with applications filed for a permit to be issued pursuant to this article.
The following definitions shall apply in the interpretation and enforcement of this article:
ALTERNATIVE DESIGN STRUCTURE
An alternative design for mounting antennas on other than a monopole, guy tower or lattice tower, such as a clock tower, flagpole, artificial tree, light pole or similar feature. Said alternative design is for the purpose of making the antennae support structure blend in with the surrounding environment.
ANTENNA
Any exterior transmitting and/or receiving wireless communication device used exclusively by commercial entities mounted on a tower, building or structure and used in communications which is authorized by the Federal Communications Commission. Antennas used by amateur radio operators are excluded from this definition.
ANTENNA HEIGHT
Vertical distance from the finished grade of the lot or parcel at the base of the antenna support structure to the highest point on the structure, including the highest antenna.
ANTENNA SUPPORT STRUCTURE
Any building, tower or structure used to support a wireless telecommunications antenna. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative design structures and any tower support.
CARRIER
An entity that provides wireless telecommunications services. This definition shall also include companies that build telecommunications towers and lease tower space to carriers.
COLOCATION
Colocation is the addition of an antenna(s) on an existing antenna support structure which does not require height modifications to the existing support structure or site modifications outside of the existing support structure footprint and which will not exceed the maximum antenna height limitations set forth herein for the zoning district. An addition to an existing support structure for colocation shall be constructed to minimize the visual impact of the addition to the existing antenna support structure.
EQUIPMENT BUILDING/CABINET
The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers and alternative design structures.
WIRELESS TELECOMMUNICATIONS
The technology which enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems and without the use of wires, cables or other similar transmission facilities.
The following regulations shall apply to the construction and installation of all antenna support structures regardless of the zoning district in which they are located:
A. 
No permit required for colocation. A carrier may collocate an antennae without obtaining a permit from the City if the antenna height does not exceed the maximum antenna height limitations set forth herein for the zoning district.
B. 
Permit required for new antennae support structure. A carrier shall not locate, construct or install a antenna support structure without first obtaining a permit from the Planning and Zoning Department of the City of Evanston. All carriers shall pay the City a permit fee for the review and approval of the antenna support structure permit in the amount set forth in the annual budget resolution.
C. 
Application and site plan required. Carriers desiring to locate, construct or install a new antenna support structure shall submit an application to the City on forms provided by the Planning and Development Department which shall include a site plan. The site plan shall be a drawing or page depicting all buildings located within 300 feet of the proposed structure, as well as an overlay of the zoning for the property and all properties located within 300 feet. The property owner of the site shall be required to sign and consent to the application.
D. 
Colocation. applicants shall also provide an exhibit showing all existing antenna support structures located within 1,500 feet of the proposed new antennae support structure. The applicant shall inquire about potential colocation at all technically feasible locations within the one-thousand-five-hundred-foot radius and shall provide written proof of said inquiries, as well as responses received. Colocation on an existing antenna support structure is a permitted use in any zoning district.
E. 
Aesthetics. The applicant shall describe all steps and measures which will be taken to minimize the visual impact of a new wireless telecommunications antenna support structure. Whenever possible, applicants shall utilize alternative design structures in order to minimize impacts of new support structures on existing viewsheds.
F. 
Equipment buildings/cabinets. Equipment buildings/cabinets shall not exceed 325 square feet in residential zoning districts. In other zoning districts, the total size of all equipment buildings/cabinets shall not exceed 1,300 square feet. This will encourage and accommodate colocation. The applicant may apply for a conditional use permit to exceed the size limitations for equipment buildings/cabinets from the Planning and Zoning Commission pursuant to Articles II and V of this chapter of the City Code. Equipment buildings/cabinets shall complement the exterior appearance of any other existing principal or accessory structure located on the site.
G. 
Advertising and lighting. No advertising shall be permitted anywhere on the telecommunications facility other than identification signage. Except as required by the FCC or the FAA, or for security or public safety purposes, lights or other illumination shall not be permitted on a telecommunications facility.
H. 
Compliance with building code and fencing. The applicant shall certify that it will comply with all of the applicable requirements of Chapter 7, Buildings, of the Evanston City Code including but not limited to obtaining a building permit for all of the improvements to be placed on the site. Fencing of the site shall comply with § 24-22 of the Evanston City Code.
I. 
Space for colocation. All new antenna support structures with a height of 35 feet to 50 feet shall be structurally built for a minimum of two colocators. All new antenna support structures with a height of 50 feet to 65 feet shall be structurally built for a minimum of three colocators. All new antenna support structures with a height of 65 feet to 100 feet shall be structurally built for a minimum of four colocators.
J. 
Department decision. The Planning and Development Department shall act on any application for a permit within a reasonable period of time after the application is duly filed. The FCC has issued a ruling declaring that a reasonable period of time presumptively would be 90 days for applications requesting colocation and 150 days for all other applications. In addition the FCC concluded that if an applicant submits an incomplete application, the time it takes for the applicant to respond to the government's request for additional information would not count towards the ninety- or one-hundred-fifty-day time frame if the government notified the applicant that the application was incomplete within 30 days of receiving the application.
K. 
Appeal to Board of Adjustment. A decision by the Planning and Development Department to deny an application for a permit under this article shall be in writing and supported by substantial evidence contained in the written record. A decision to deny an application by the Planning and Development Department may be appealed by the applicant to the Board of Adjustment, which, after hearing the evidence, may affirm, modify or reverse the decision of the Department.
Antenna support structures are permitted in the Business/Light Manufacturing, Industrial, Open Space, and Agricultural Zoning Districts if the structure complies with the general provisions set forth above and the requirements set forth below.
A. 
If the antenna support structure is to be the principal structure on a lot or parcel:
(1) 
The antenna support structure and equipment building/cabinet shall comply with the setback requirements associated with the zoning district; and
(2) 
The maximum antenna height shall not exceed 100 feet.
B. 
If the antenna support structure is to be an accessory structure on a lot or parcel:
(1) 
The existing use on the lot or parcel must be permitted, conditionally permitted or a lawful nonconforming use; and
(2) 
The antenna support structure and equipment building/cabinet shall comply with the setback requirements associated with the zoning district; and
(3) 
The maximum antenna height shall not exceed 80 feet.
C. 
If the antenna support structure is to be attached to an existing structure or building, the maximum antenna height shall not exceed 15 feet above the existing height of the structure or building. If not located in the building, the equipment building/cabinet shall comply with the setback requirements of the zoning district and its appearance shall complement the exterior appearance of the building or the existing structure located on the site.
Antenna support structures are permitted in the Community Business, Highway Business, Regional Business and Public Zoning Districts if the structure complies with the general provisions set forth above and the requirements set forth below.
A. 
If the antenna support structure is to be the principal use on a lot or parcel:
(1) 
The antenna support structure and equipment building/cabinet shall comply with the setback requirements associated with the zoning district; and
(2) 
The maximum antenna height shall not exceed 65 feet.
B. 
If the antenna support structure is to be an accessory structure on a lot or parcel:
(1) 
The existing structure on the lot or parcel must be permitted, conditionally permitted or a lawful nonconforming structure; and
(2) 
The antenna support structure and equipment building/cabinet shall comply with the setback requirements associated with the zoning district; and
(3) 
The maximum antenna height shall not exceed 50 feet.
C. 
If the antenna support structure is to be attached to an existing structure or building, the maximum antenna height shall not exceed 15 feet above the existing height of the structure or building. If not located in the building, the equipment building/cabinet shall comply with the setback requirements of the zoning district and its appearance shall complement the exterior appearance of the building or the existing structure located on the site.
Antenna support structures are permitted in the Transitional, Office and Neighborhood Business Zoning Districts if the structure complies with the general provisions set forth above and the requirements set forth below.
A. 
If the antenna support structure is to be the principal structure on a lot or parcel:
(1) 
The antenna support structure and equipment building/cabinet shall comply with the setback requirements associated with the zoning district; and
(2) 
The maximum antenna height shall not exceed 50 feet.
B. 
If the antenna support structure is to be an accessory structure on a lot or parcel:
(1) 
The existing structure on the lot or parcel must be permitted, conditionally permitted or a lawful nonconforming use; and
(2) 
The antenna support structure and equipment building/cabinet shall comply with the setback requirements associated with the zoning district; and
(3) 
The maximum antenna height shall not exceed 35 feet.
C. 
If the antenna support structure is to be attached to an existing structure or building, the maximum antenna height shall not exceed 15 feet above the existing height of the structure or building. If not located in the building, the equipment building/cabinet shall comply with the setback requirements of the zoning district and its appearance shall complement the exterior appearance of the building or the existing structure located on the site.
Antenna support structures may be conditionally permitted in Residential zoning districts if the structure complies with the general provisions set forth above and the requirements set forth below.
A. 
The applicant shall provide written evidence demonstrating that it is not technically feasible to locate a needed antenna support structure in a zoning district other than a residential zoning district.
B. 
The applicant shall obtain a conditional use permit for the proposed antenna support structure from the Planning and Zoning Commission pursuant to Articles II and V of this chapter of the City Code.
C. 
If the antenna support structure is to be the principal structure on a lot or parcel:
(1) 
The antenna support structure and the equipment building/cabinet shall comply with the setback requirements associated with the zoning district; and
(2) 
The maximum antenna height shall not exceed 35 feet.
D. 
If the antenna support structure is to be an accessory structure on a lot or parcel:
(1) 
The existing use on the lot or parcel must be permitted, conditionally permitted or a lawful nonconforming use; and
(2) 
The antenna support structure shall be located in the rear or side yard of the lot or parcel; and
(3) 
The antenna support structure and the equipment building/cabinet shall comply with the setback and height requirements associated with the zoning district; and
(4) 
The maximum antenna height shall not exceed 35 feet.
E. 
If the antenna support structure is to be attached to an existing structure or building, the maximum antenna height shall not exceed 35 feet. If not located in the building, the equipment building/cabinet shall comply with the setback requirements of the zoning district and its appearance shall complement the exterior appearance of the building or the existing structure located on the site.
A. 
The carrier or permittee of an antenna support structure shall have a duty to notify the City Planning Department of the discontinued use of an antenna support structure. Said notification shall include contact name and phone number for the party responsible for the support structure and the date of discontinuance.
B. 
Discontinued use of antenna support structure for more than 180 days following notice shall result in the support structure being officially designated as abandoned. The City shall notify the carrier/permittee of said abandoned designation in writing. The carrier/permittee shall have 180 days from the date of the City's notice of abandoned designation to dismantle or reactivate the antenna support structure.
C. 
Failure to dismantle/reactivate the antenna support structure within 180 days of the date of notice of abandoned designation shall be grounds for the City to dismantle the antennae support structure. The City may assess costs associated with dismantling the antennae support structure to the carrier/permittee or other responsible party.
Any person who violates any provision of this article will be deemed guilty of a misdemeanor, punishable pursuant to the general penalty provision of the City Code.[1] Each day a violation continues will be deemed a separate offense.
[1]
Editor's Note: See § 1-5, General penalty; remedies generally; continuing violations.