13.24.021 – Exceptions to Applicability

Nothing in this chapter authorizes the collocation of small wireless facilities on:

  1. Property owned by a private party without the written consent of the property owner;
  1. Property owned or controlled by a unit of local government that is not located within
    rights-of-way (local governments are, however, required to authorize the collocation of
    small wireless facilities on utility poles owned or controlled by the local government
    andnot located within rights-of-way to the same extent the local government permits
    access to utility poles for other commercial projects or uses);
  1. A privately-owned utility pole or wireless support structure, without the consent of the property owner;
  1. Property owned, leased or controlled by a park district, forest preserve district, or conservation district for public park, recreation or conservation purposes, without the consent of the affected district, excluding the placement of facilities on rights-of-way located in an affected district that are under the jurisdiction and control of a different unit of local government as provided by the Illinois Highway Code (605 ILCS 5/ 1- 101 et seq.);
  1. Property owned by a rail carrier registered under Section 18c-7201 of the Illinois Vehicle Code (625 ILCS 5/ 18c-7201), Metra Commuter Rail or any other public commuter rail service, or an electric utility as defined in Section 16- 102 of the Public Utilities Act (220 ILCS 5/ 16- 102), without the consent of the rail carrier, public commuter rail service, or electric utility;
  1. Facilities of an electric or gas public utility or such utility's wireless facilities if the facilities are being used, developed and maintained consistent with the provisions of subsection ( i) of Section 16- 108.5 of the Public Utilities Act; or
  1. Small wireless facilities owned by the City.
(2019-M-7: § 2; 2018-M-28: § 2)