2018-40 Ordinance Amending Zoning Ordinance Section II. Definitions Section XXVII. Wireless Facilities Section XXX Zoning Board of Appeals

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XXVII. Wireless Facilities A. Purpose and Intent It is the purpose and intent of this Section to protect the health, safety and general welfare of the people of Decatur, in a manner consistent with the provisions of the Federal Telecommunications Act of 1996, the Small Wireless Facilities Deployment Act of 2018 (Public Act 100-0585 of Illinois), and Chapter 41.2 Small Wireless Facilities of the City Code of the City of Decatur. These regulations are necessary in order to: B. Jurisdiction 1. These regulations apply to all wireless communications facilities, including small wireless facilities, as defined in Section II, Definitions, located within the corporate limits of the City of Decatur, except small wireless facilities if they are collocated (i) in rights- of-way in any zoning district, or(ii) outside rights-of-way in property zoned exclusively for commercial or industrial use. These exempted small wireless facilities are subject to provisions contained in Chapter 41.2 Small Wireless Facilities of the City Code of the City of Decatur. 2. Except those exempted small wireless facilities as noted in Paragraph B.1. above, no wireless communications facility may be constructed without a site plan approved by the City of Decatur. XXX. Zoning Board of Appeals B. Power and Duties 10. Small Wireless Facilities The Board may grant variances to the height for a new or replacement pole in excess of the height limitations on which a small wireless facility is proposed for collocation as set forth in Section 4. Paragraph H. Height Limitations of Chapter 41.2 Small Wireless Facilities of the City Code of the City of Decatur. The Board, in granting the variance, will base its decision upon the City of Decatur Comprehensive Plan and will find that the variance will not create a safety hazard or exacerbate an existing safety hazard; and that the variance if approved will cause no detriment to the overall health, safety, or welfare of the City as a whole or to any neighboring property. WHEREAS, the Decatur City Plan Commission did report its findings and did recommend that said petition be granted and that the Zoning Ordinance be so modified and amended. , NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF DECATUR, ILLINOIS: