1115.38 WIRELESS TELECOMMUNICATIONS FACILITY.
   (a)   Purpose. Establish standards for the siting of telecommunications towers and antennas.
   (b)   Applicability. All new wireless telecommunications facilities, collocation of antennas on a single tower, antennas to be attached to existing buildings or structures, or replacement towers to be constructed at the site of a current tower shall be subject to review as conditional use unless specifically exempted within this section.
   (c)   Location.
      (1)   Wireless telecommunications facilities are a conditional use and may be located as such in Heavy Industrial HI and Light Industrial LI districts contingent upon a number of requirements being met as established throughout this Zoning Ordinance.
      (2)   Wireless telecommunications facilities may be located, with Council approval, on any Municipally owned land, buildings, or structures. Wireless telecommunications towers located on municipal or government owned land, building or structures will follow the requirements of this section.
      (3)   Towers and antennae may be approved on or near historic structures and sites only if so concealed as to be substantially invisible. The views of, and vistas from, such structures, and corridors and sites shall not be impaired or diminished by the placement of telecommunications towers and antennae.
   (d)   Application for Conditional Use. In addition to any other materials required for a conditional use permit application all applicants for a new tower shall submit:
      (1)   A site plan at scale of not less than one inch is equal to 100 feet indicating all properties, buildings and structures within 300 feet of the proposed tower.
      (2)   A visual impact demonstrations using photo simulations of the proposed facility as it would be seen from residential areas, public rights of way, and public parks and other sites as deemed appropriate by the Zoning Administrator.
      (3)   Submission of a landscape plan prepared in compliance with Chapter 1137 "Landscaping and Screening."
      (4)   Any other information which, in the judgment of the Zoning Administrator may be necessary to provide for the enforcement of this Zoning Ordinance.
   (e)   Co-location Encouragement.
      (1)   In all applications for construction of a new facility, the applicant must prove by substantial evidence that a bona fide need exists for the facility and that no reasonable combination of locations, techniques, or technologies will obviate the need. The applicant must further prove that it has made all reasonable efforts to procure antenna space on existing facilities.
      (2)   The applicant shall sign an instrument, maintained by the village, agreeing to encourage and promote the joint use of telecommunications towers within the village and, to that extent, committing that there shall be no unreasonable act or omission that would have the effect of excluding, obstructing, or delaying joint use of any tower where fair and just market reasonable compensation is offered for such use.
   (f)   Sole Use on a Lot. Wireless telecommunications facilities may be located as the sole use of a lot if approved as a conditional use subject to the following requirements:
      (1)   Minimum lot size. The minimum lot size shall be that of the underlying zoning district.
      (2)   Minimum yard requirements. Towers shall not be located closer than 300 feet to any residentially zoned property.
      (3)   Maximum height. No tower, including the antenna, shall exceed 250 feet in height.
   (g)   Combined with Another Use(s). A wireless communications facility may be located on a property as a conditional use with an existing use subject to the following conditions:
      (1)   Minimum lot area. The minimum leased lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment shelter or supporting facilities, security fencing and buffer plantings.
      (2)   Minimum yard requirements. Towers shall not be located closer than 300 feet to any residentially zoned property.
      (3)   Maximum height. No tower, including the antenna, shall exceed 250 feet in height.
   (h)   Combined with an Existing Structure. An antenna for a wireless telecommunications facility attached to an existing structure or building is subject to a maximum height of twenty (20) feet or twenty percent (20%) of the building or structure height above the existing building or structure, whichever is greater.
   (i)   Equipment Shelters.   
      (1)   No equipment shed for a telecommunications facility shall exceed 750 square feet in area nor twenty (20) feet in height.
      (2)   Equipment shelters or support facilities shall meet the minimum setback requirements of the underlying zoning district.
      (3)   All such sheds shall be screened with vegetation or other aesthetically pleasing materials. Furthermore, all such sheds shall be secured with approved fencing and a locked gate.
   (j)   Landscaping Buffer. An evergreen screen shall be planted around the perimeter of the security fence that consists of either a hedge, planted three (3) feet on center maximum, or a row of evergreen trees five (5) feet on center maximum. Additional plantings may be required. The applicant shall be responsible for maintaining the approved plantings.
   (k)   Signs and Light.
      (1)   No commercial messages nor any other signs beyond safety warnings and an identification sign shall be placed on any tower or facility.
      (2)   No tower shall be artificially lighted except as required or prescribed by the Federal Aviation Administration (FAA).
   (l)   Removal. If at any time the use of this facility is discontinued for a period of 180 days, the applicant shall have an additional ninety (90) days to either reactivate the facility or dismantle and remove the facility. In the event that the facility is deactivated or abandoned, the applicant shall provide notification by certified mail to the Zoning Administrator of such event as soon as possible, but in no event later than seven (7) days following such deactivation or abandonment.
(Ord. 30-22. Passed 12-12-22.)