The maximum height of a small wireless facility which qualifies as a permitted use under § 160.03 of this chapter shall be no more than ten feet above the utility pole or wireless support structure on which the small wireless facility is collocated.
(A) If an applicant proposes a height in excess of ten feet above a utility pole or wireless support structure on which the small wireless facility is proposed for installation, the applicant shall apply for a variation. The variation application shall require public notice as set forth in § 151.202(D)(5) of the Diamond Zoning Ordinance and a public hearing. All publication costs shall be born by the applicant. Hearing of the variation application shall be set before the Village Board. If shall be the burden of the applicant requesting the variation to establish that the proposed variation in height:
(1) Is technically necessary to provide service:
(2) Is not merely for the convenience of the applicant;
(3) Is due to unique circumstances of that the variation, if granted, will not alter the essential character of the locality;
(4) Is due to the particular physical surroundings, shape, or topographical conditions of the proposed location which would bring a particular hardship upon the applicant if the height variation is not granted;
(5) Has not been the result of conditions created by the applicant;
(6) Will not be detrimental to the public welfare or injurious to other property improvements in the neighborhood in which the property is located; and
(7) Will not endanger the public safety or substantially diminish or impair property values within 100 feet of the proposed height variation.
(B) The variation hearing shall be heard by the Village Board and may be continued from time to time to allow a thorough exposition of evidence associated with the variation standards described herein. A variance when granted shall limit the height of any proposed wireless facility to the higher of:
(1) Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on the date the application is submitted to the village, that is located within 300 feet of the proposed utility pole or wireless support structure and that is in the same right-of-way within the jurisdictional boundary of the village, provided the village may designate which intersecting right-of-way within 300 feet of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or
(2) Forty-five (45) feet above ground level.
(Ord. 2018-12, passed 7-24-2018)