§ 151.022 PERSONAL WIRELESS SERVICE FACILITIES.

   (A)   Locations.

      (1)   Subject to site plan approval, personal wireless service facilities shall be considered a permitted use if located on an existing freestanding tower, including co-locations, on village-owned property. Provided no such village-owned property meets the needs of the petitioner, location on an existing freestanding tower, including co-locations, on non-village owned property shall be considered a permitted use. Prior to construction of such facilities, the petitioner must receive site plan approval pursuant to review process set forth in § 151.210, Site plan review, of this chapter;

      (2)   Except as provided in division (A)(1) above, a special use permit is required and may be requested pursuant to the special use process set forth in § 151.209 for any use that satisfies the definition of personal wireless service facility, as defined herein, provided that the proposed location satisfies any 1 of the criteria listed below:

         (a)   The proposed facility is a new structure on village-owned property pursuant to an agreement with the village and further provided that such facilities are so designed so as to allow and encourage co-location by other potential users;

         (b)   The proposed facility is within the B-3, I-1 or I-2 Districts and is not within 500 feet of a residential zoning district. Further, the petitioner must perform its due diligence and demonstrate there are no locations that satisfy the criteria provided in divisions (A)(1) and (A)(2)(a) above. If any such locations do exist, the special use permit may be denied; and

         (c)   The proposed facility is attached to an existing structure within a non-residential. The petitioner must perform its due diligence and demonstrate there are no locations that satisfy the criteria provided in divisions (A)(1) and (A)(2)(a) above. If any such locations do exist, the special use permit may be denied.

   (B)   Maximum height for personal wireless service facilities. An applicant for approval of a personal wireless facility shall demonstrate that the personal wireless facilities do not exceed the minimum height required to function satisfactorily. Under any circumstances, personal wireless facilities shall not exceed the following height restrictions unless otherwise specifically approved by grant of a special use permit:

      (1)   The maximum height of a freestanding tower shall not exceed 100 feet; provided, however, that an applicant requesting a freestanding tower shall demonstrate that the tower antenna is the minimum height required to function satisfactorily;

      (2)   If mounted on the roof of an existing building or structure, the height of an antenna shall not exceed 10 feet above the height of the existing structure; provided, however, that the maximum height may be increased if:

         (a)   The radio signal would be impaired or blocked off if the antenna was located near the middle of the roof; and

         (b)   The Village Board determines that it is preferable to locate the antenna at a location other than near the edge of the roof.

      (3)   An antenna attached to the side of a building, structure, or tower shall not extend above the roof of the building, structure, or tower; provided, however, if the radio signal is distorted or blocked by structures located on the roof of the building, the Village Board may allow the height to exceed the height of the building, structure or tower in its discretion.

   (C)   Screening and site location for personal wireless service facilities attached to freestanding towers.

      (1)   Support structures and antennas shall have a non-contrasting blue, gray, or similar color that minimizes their visibility and is compatible with the surrounding landscape;

      (2)   Personal wireless service facilities should be architecturally compatible with the surrounding buildings and land uses or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical; and

      (3)   Personal wireless service facilities attached to a freestanding tower shall not be located between a principal building and a street or in the front yard of the lot in question. Such freestanding tower shall be located adjacent to the rear wall of the principal building unless:

         (a)   It is shown that an alternate location results in more effective screening or blending of the tower into the surrounding landscape; or

         (b)   The location has the effect of interfering with the operations of the principal use on the subject property; provided, however, such personal wireless service facilities nevertheless may not be located between the principal building and the street or in the front yard of the lot in question.

   (D)   Screening and site location for personal wireless service facilities attached to existing buildings or structures.

      (1)   Personal wireless service facilities may be attached to the wall or roof of a building subject to height restrictions in this division therein. Such facilities shall not be attached to the front wall of a building unless it can be shown that other locations are not feasible and that the facilities shall be made to effectively blend into the architecture of the building;

      (2)   Personal wireless service facilities and their support structures attached to an existing building or structure shall be of a color identical to the building or that maximizes the blending of the facilities and support structures into the architecture of the building or structure; and

      (3)   Personal wireless service facilities and their support structures attached to an existing building or structure shall not extend more than 24 inches beyond the wall of such building or structure.

   (E)   Screening and site location for ground level equipment and buildings.

      (1)   Personal wireless service facilities may be attached to the wall or roof of a building subject to the height restrictions set forth above;

      (2)   Landscaping consisting of shrubs and similar materials shall be provided surrounding the foundation of ground level buildings, structures, and fences subject to the review and approval of the Zoning Administrator;

      (3)   Ground level buildings and structures shall be designed and located to blend with the existing architecture and landscaping of the subject property and the surrounding area. Masonry façades shall be required for such buildings or structures unless otherwise allowed as a condition of the special use approval; and

      (4)   Fencing may be provided as a condition of the special use approval for the purpose of enclosing and screening freestanding towers or antennas and their support facilities. Such fencing shall comply with the requirements for residential fences contained in this chapter, except as specifically authorized by conditions for approval of a special use.

   (F)   Compliance with governmental and other safety regulations.

      (1)   The applicant shall demonstrate that the proposed antennas and support structure are safe and that surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturer;

      (2)   All towers and antennas shall comply with the current standards and regulations of the Federal Communications Commission, the Federal Aviation Administration, and any other agency of the federal government with the authority to regulate owners and antennas; and

      (3)   Upon application and approval, the village shall issue a building permit prior to construction of any tower or antenna. Said building permit shall verify that towers and antennas are constructed in compliance with applicable village building codes and any requirements of the Electronic Industries Standards and the Federal Communications Commission, as well as the provisions herein.

   (G)   Co-location and location on existing structures preferred. In order to minimize adverse visual impacts associated with the proliferation of towers, co-location of antennas by more than 1 provider on existing or new towers and location of antennas on existing buildings or structures shall take precedence over the construction of new freestanding towers. If a new, freestanding tower is proposed, special use approval shall not be granted unless the applicant demonstrates compliance with the following:

      (1)   A diligent effort has been made to locate the antenna on an existing structure and that due to valid considerations including physical constraints and economic or technological feasibility, no other appropriate location is available;

      (2)   Covenants shall be recorded which require that the applicant allow, on a commercially reasonable basis, other providers of personal wireless service facilities and other antennas to co-locate on the proposed freestanding tower, where such co-location is technologically feasible; and

      (3)   The site plan for the construction of a new, freestanding tower shall delineate an area, either on site or on adjacent property, near the base of the tower to be used for the placement of additional equipment and buildings for other users. To the extent that the site for the new freestanding tower is adequate to allow co-location on such site, the applicant must allow, on a commercially reasonable basis, other providers to locate on site.

   (H)   Abandonment of towers or antennas. In the event the use of a tower or antenna is discontinued for a period of 60 consecutive days, the tower or antenna shall be deemed to be abandoned. The Zoning Administrator shall determine the date of abandonment based on documentation required from the tower owner/operator or other appropriate sources. Upon abandonment, the tower owner/operator shall have an additional 60 days within which to:

      (1)   Reactivate the use of the tower either by said owner/operator or transfer of the tower to another owner/operator for such use within the aforesaid 60-day period. Transfer of the tower to another owner/operator shall not require special use approval provided use of the tower is re-activated within the 60-day period, and that the use of the tower complies with all conditions of the original special use approval and the terms of this chapter;

      (2)   Dismantle and remove the tower at which time any special use shall become null and void; or

      (3)   Request approval from the Village Board of Commissioners to allow the abandoned tower or antenna to remain for a specified period of time. If said approval is granted, the tower shall be reactivated or removed within the time period approved by the Board of Commissioners as per regulations herein.

(Ord. 2015-08, § 3.20, passed 6-23-2015)

NONCONFORMING BUILDINGS AND USES

§ 151.035 STATEMENT OF PURPOSE.

   (A)   The purpose of this section is to provide for the regulation of nonconforming buildings, structures, and uses, and to specify those circumstances and conditions under which those non- conforming buildings, structures, and uses may be continued.

   (B)   This chapter establishes separate zoning districts, each of which is an appropriate area for the location of the uses which are permitted in that zoning district. It is necessary and consistent with the establishments of those districts that those nonconforming buildings, structures, and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be continued without restriction.

(Ord. 2015-08, § 4.01, passed 6-23-2015)

§ 151.036 CONTINUANCE OF USE.

   (A)   Any lawfully established building, structure, or use of a building or land, on the effective date of this chapter or of amendments thereto, that does not conform to the regulations for the district in which it is located, shall be deemed to be a legal nonconforming building, structure, or use and may be continued, except as otherwise provided herein.

   (B)   Any legal, nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

   (C)   Nonconforming status rests with the property, not with the owner. Such status is not affected by changes in ownership, tenancy, or management.

   (D)   Any building, for which a permit has been lawfully granted prior to the effective date of this chapter or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within 90 days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.

   (E)   Any development that has obtained preliminary and final approval at the time of adoption of this chapter and which is nonconforming solely as a result of the adoption of this chapter, may be developed as a legal nonconforming use, lot, or building per the zoning regulations in effect at the time of such preliminary and final approval.

(Ord. 2015-08, § 4.02, passed 6-23-2015)

§ 151.037 DISCONTINUANCE OF USE.

   (A)   Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

   (B)   Whenever a nonconforming use of a building or structure or part thereof, has been discontinued for a period of 12 consecutive months (1 year), or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district.

   (C)   Where no enclosed building is involved, discontinuance of a nonconforming use for a period of 6 months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.

(Ord. 2015-08, § 4.03, passed 6-23-2015)