822.06 ADMINISTRATIVELY APPROVED USES.
   (a)   General. The following provisions shall govern the issuance of administrative approvals for towers and antennas:
      (1)   The Zoning Administrator may administratively approve the uses listed in this section.
      (2)   Each applicant for administrative approval shall apply to the Zoning Administrator, providing the information set forth in Section 822.07(b)(1) and (b)(3) of this chapter, and a non-refundable fee as established by resolution of the Village Council to reimburse the Village for the costs of reviewing the application.
      (3)   The Zoning Administrator shall review the application for administrative approval and determine if the proposed use complies with Section 822.07(b)(4) and (b)(5) of this chapter.
      (4)   The Zoning Administrator shall respond to each such application in a timely manner after receiving it by either approving or denying the application.
      (5)   In connection with any such administrative approval, the Zoning Administrator may, in order to encourage shared use, administratively waive any zoning district setback requirements in Section 822.07(b)(4) by up to 50%.
      (6)   In connection with any such administrative approval, the Zoning Administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
      (7)   If an administrative approval is denied, the applicant shall file an application for site plan review pursuant to Section 822.07of this chapter prior to filing any appeal that may be available under this section.
   (b)   List of Administratively Approved Uses. The following uses may be approved by the Zoning Administrator after conducting an administrative review:
      (1)   Existing structures or towers. Locating antennas on existing structures or towers consistent with the following terms:
         A.   Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided:
            1.   The antenna does not extend more than 30 feet above the highest point of the structure;
            2.   The antenna complies with all applicable FCC and FAA regulations; and
            3.   The antenna complies with all applicable building codes.
         B.   Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Zoning Administrator and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier
on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following: A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Administrator allows reconstruction as a monopole.
      (2)   Height.
         A.   An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the co-location of an additional antenna.
         B.   The height change referred to in Section 822.06(b)(2)A. may only occur one time per communication tower.
         C.   The additional height referred to in Section 822.06(b)(2)A. shall not require an additional distance separation as set forth in Section 822.07(b)(5). The tower's pre-modification height shall be used to calculate such distance separations.
      (3)   On-site location.
         A.   A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on-site within 50 feet of its existing location.
         B.   After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.
         C.   A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculation separation distances between towers pursuant to Section 822.07(B)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of Section 822.07(b)(5).
         D.   The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Section 822.07(b)(5) shall only be permitted when approved by the Zoning Administrator.
(Ord. 2001-2. Passed 8-13-01.)