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

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STAFF REPORT Decatur City Plan Commission Hearing Date August 2, 2018 Case No. 18-34 Proposal Amendments to Zoning Ordinance (Ordinance#3512, as amended) regarding small wireless facilities Petitioner Raymond Lai, Director of Economic and Community Development BACKGROUND The Illinois General Assembly has recently enacted Public Act 100-0585,known as the Small Wireless Facilities Deployment Act (Act), which became effective on June 1, 2018. The Act restricts the regulatory authority of Illinois municipalities over small wireless facilities,commonly known as"small cells". It sets forth the requirements for the collocation of small wireless facilities by local authorities such as the City of Decatur. It specifies how a city may regulate the attachment of small wireless facilities on city-owned infrastructure, including utility poles, street lights, traffic signals, etc. Other than regulating the placement of small cell towers on the public rights- of-way, it also provides for regulations regarding zoning, spacing, height and application requirements. Municipalities throughout Illinois were provided two months from the effective date of June 1, 2018, to either adopt fees through an ordinance or provide a fee schedule,pursuant to the Act. Accordingly, on July 16,2018,the City Council of Decatur considered and approved an amendment of the City Code by adding a new Chapter 41.2 titled Small Wireless Facilities via Ordinance 2018-29. Small cell wireless facilities are light weight, low-power,precisely targeted cell units that often cover a radius of up to 1,500 feet. As defined by the Act and Ordinance 2018-29, in general, each antenna of a small wireless facility should be located inside an enclosure of no more than 6 cubic feet. They are generally installed at locations where customers are prone to experience connectivity issues, increased cell capacity is needed, or traditional cell coverage is limited due to buildings,topography or other obstacles, as wireless carriers implement SG technology and enhance cellular transmission. Public right-of-way is viewed as a very convenient location for these small cell wireless facilities. Per Ordinance 2018-29, small wireless facilities shall be classified as permitted uses and subject to administrative review, except as provided in provisions regarding height exceptions or variances,but not subject to zoning review or approval 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. Thus, in keeping with the Act and Ordinance 2018-29, corresponding and related amendments to the City of Decatur Zoning Ordinance are warranted. DESCRIPTION/ANALYSIS In keeping with the Act and Ordinance 2018-29, corresponding amendments are considered necessary and appropriate to certain sections of the Zoning Ordinance, by adding definitions of"Small Wireless