(A) Purpose and intent.
(1) It is the intent and purpose of this chapter to permit antennas and satellite dishes where they can be installed with minimal visual impact by encouraging collocation and other aesthetic measures, without creating adverse economic or safety impacts and promoting the health, safety and general welfare of the community.
(2) Furthermore, it is the intent of this section to ensure compliance with Federal Communications Commission (FCC) regulations as they relate to the promotion of universal service, competitive contracting by ensuring fairness through the creation of clear and objective approval criteria.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. A device in the form of a metal rod, wire panel or dish, for transmitting or receiving electromagnetic radiation. For the purposes of this section, an ANTENNA includes any supporting tower, pole, mast or building to which it is affixed.
COLORATION. The placement of two or more antenna systems or platforms by separate FCC license holders on the same structure, building, water tank or utility pole.
HEIGHT. The height of an antenna or satellite dish shall be measured vertically from the highest point of the signal receiving/transmitting apparatus, when positioned for operation, to the bottom of the base, which supports the antenna.
PUBLICLY-OWNED PROPERTY. Property in any district owned, leased or otherwise controlled by a governmental entity.
SATELLITE SIGNAL RECEIVING ANTENNA (SATELLITE DISH). A device designed for the purpose of receiving and converting earth orbiting satellite communications signals. It may be a solid, open mesh or bar configured structure typically in the shape of a shallow dish or parabola. Antennas of this type are hereinafter referred to as SATELLITE DISHES.
USABLE SATELLITE SIGNAL. A satellite signal which, when converted and viewed on a conventional television set is at least equal in picture quality to that received from local commercial television stations or by way of cable television.
(C) Permits required.
(1) Building and electrical permit. Building and electrical permits shall be required prior to the erection of an antenna or satellite dish, except as provided for in paragraph two below. The plans and specifications shall meet or exceed applicable requirements of any and all building codes that are adopted by the Village Board and may be amended from time to time.
(2) Exceptions. The private/personal use of an antenna or satellite dish for the reception or transmission of radio or television signals, ham radio signals or citizen band transmissions, of a height no greater than 60 feet are exempt from the requirements of a building permit, engineering report or special use permit.
(D) General requirements.
(1) Federal Communication Commission (FCC) compliance: all antennas, towers and satellite dishes shall comply with all FCC requirements.
(2) Each business or residential lot shall have not more than one antenna, tower or satellite dish, except that a residential or business lot may have both a satellite dish and television antenna for personal use located on the same parcel. Radio or television studios or amateur radio operators licensed by the FCC are exempt form this paragraph. Businesses selling satellite dishes shall be allowed a maximum of three satellite dishes located outdoors and only one of these shall be allowed in the front of the building.
(3) An antenna, tower or satellite dish shall be located in the side or rear yard. In the situation of a corner lot, the antenna, tower or satellite dish shall not be closer to the adjoining side street than the principal building.
(4) In the event that a usable satellite signal cannot be obtained from the rear yard or side yard of the property, the antenna, tower or satellite dish may be placed on the roof of a building subject to the approval of the Zoning Enforcement Officer and to the other requirements of this section.
(5) Satellite dishes shall not be visible between the ground level and ten feet above ground from any street adjoining the property. Screening used to achieve this requirement shall be in compliance with the Building Code, the provisions of this chapter and approved by the Zoning Enforcement Officer.
(6) Within residential zoning districts, the diameter of satellite dishes shall not exceed seven feet. The dish and supporting structure shall be neutral in color and shall, as much as possible, blend with the character and appearance of the neighborhood.
(7) No antenna or satellite dish shall be used or serve as a sign or bear an advertising emblem other than the name of the manufacturer in letters not to exceed two inches in height.
(8) Guy wires (only where necessary) shall not be anchored within any front yard areas but may be attached to the building.
(9) Whenever an antenna is installed within a distance less than the height of the tower to power or telephone lines, or where damage would be caused by its falling, a separate safety wire must be attached to the antenna or mast or tower and secured in a direction away from the hazard.
(10) Antennas, towers and satellite dishes shall meet and be installed according to all manufacturers’ specifications. The mast or tower shall be constructed of noncombustible materials, unless otherwise approved by Underwriters Laboratories (UL). Brackets, turnbuckles, clips and similar equipment shall be protected with materials approved by Underwriters Laboratories (UL).
(11) Antennas, towers or satellite dishes shall meet the setback requirements for a principal structure for the zoning district in which the facilities are located.
(E) Prohibited uses. The following uses are prohibited: towers or antennas in residential districts; a tower or antenna used for any commercial or other nonresidential purpose, including the placement of other support equipment or buildings, used in connection with the tower or antenna in any residential district, including residentially planned unit developments (PUD).
(F) Permitted uses. The following uses are permitted:
(1) Coloration antennas on existing towers in industrial or commercial zones, or on publicly owned property; antennas on an existing communication tower of any height provided that:
(a) The additional antennas are cumulatively no more than 22 feet higher than the existing tower;
(b) The antenna is neutral in color; and
(c) A qualified engineer submits evidence that the existing structure can adequately support the proposed coloration apparatus.
(2) Collocating antennas on existing non-tower structures in industrial or commercial zones, or on publicly owned property; antennas on an existing structure other than a tower (such as a building, water tank, sign, utility pole, power pole or other structure), provided that:
(a) The additional antennas are cumulatively no more than 22 feet higher than the existing tower;
(b) The antenna is neutral in color; and
(c) A qualified engineer submits evidence that the existing structure can adequately support the proposed coloration apparatus.
(G) Special uses. The following uses may be permitted as special uses under the conditions and requirements specified in § 162.023, in addition to those outlined below:
(1) Collocating antennas on existing non-tower structures or existing commercial towers in residential districts; antennas on an existing structure (such as a building (excluding dwelling units), water tank, sign, utility pole or other structure), provided that:
(a) The additional antennas are cumulatively no more than 22 feet higher than the existing tower;
(b) The antenna is neutral in color; and
(c) A qualified engineer submits evidence that the existing structure can adequately support the proposed coloration apparatus.
(2) Towers or antennas in commercial or industrial zones or on publicly-owned property, antennas or towers of any height, including the placement or other supporting equipment and accessory buildings. Any equipment shelter shall comply with development standards (i.e., setbacks, height limitations, bulk and the like) of the property’s zoning district classification; and
(3) Private use antennas, towers or dishes greater than 60 feet; the residential use of an antenna or satellite dish for the reception of radio or television signals, ham radio signals or citizen band transmissions, in excess of 60 feet. These special uses shall meet the requirements of §§ 162.004 and 162.005, but will be exempt from the requirements of division (H) below.
(H) Application for a special use permit for antenna facilities. In addition to the requirements of § 162.023, the applicant shall be required to submit information that includes, but is not necessarily limited to, how the proposed special use will satisfy the following conditions.
(1) Points of visual interest shall be protected. Views from residential structures located within 250 feet of the proposed antenna or tower to the following points of interest shall be protected to the greatest practical extent:
(a) Public open spaces;
(b) Natural areas; and
(c) Landmark structures.
(2) Methods for protecting points of visual interest. The following standards shall be used to protect the above identified points of visual interest to the greatest practical extent if views from a residential structure located within 250 feet from a proposed antenna or tower to a point of visual interest specifically identified above, are significantly impacted. The applicant shall:
(a) Examine locations within the same area where the visual impacts can be minimized;
(b) Investigate alternative tower designs that can be used to minimize the interruptions of views from the residence to the point of visual interest;
(c) Minimize visual impacts to the point of visual interest referred to above, by demonstrating that coloration or the use of other structures within the service area is not feasible at this time; and
(d) Minimize visual impacts varying the setbacks or landscape standards that would otherwise be applicable, so long as the overall impact of the proposed development is as good or better than that which would otherwise be required without the variations.
(3) Color. Antennas or towers and their supporting structures shall be a neutral color that is the same or similar in color as the supporting structure to make the antenna and equipment as visually unobtrusive as possible, unless otherwise specified under Federal Aviation Administration (FAA) standards.
(4) Height. Antennas or towers shall not exceed the maximum building height plus 15 feet, in the zoning district in which it is located, applicants who wish to exceed this height shall provide evidence demonstrating the need for exceeding this minimum standard.
(5) Setbacks (adjacent to residential uses). Antennas or towers shall be set back from any existing adjacent residential property line by a distance equal to the height of the tower, unless building plans are submitted demonstrating that the tower will collapse within itself. The building plans shall be affixed with the seal of a certified structural engineer.
(6) Lighting. None allowed except as required by the FAA.
(7) Fencing and security. For security, antennas or towers and ancillary facilities shall be enclosed by a fence not less than six feet in height.
(8) Landscaping and screening. Landscaping shall be placed outside the required fence area on sides facing public rights-of-way or residential areas and shall consist of a fast growing vegetation with a minimum planted height of four feet, spaced evenly at intervals equal to twice the expected width of the plant material.
(9) Noise. Noise generating equipment shall be sound buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line of 30 dBA when adjacent to residential areas and 45 dBA in other areas.
(10) Tower design. Towers shall generally be designed without the use of guy wires or external supports. In instances where such a requirement may not be feasible, appropriate documentation shall be provided by the petitioner, demonstrating why such a tower is not feasible. The applicant will offer alternatives to the design so as to minimize the visual impact of the tower.
(11) Coloration protocol. Any special use request for the erection of a new tower shall complete the coloration protocol as outlined in division (I) below.
(I) Coloration protocol.
(1) Purpose. The purpose of this requirement is to create a process that will allow providers to equitably share publicly available, nonproprietary information among themselves, with interested persons and agencies, and with the village, at the time the provider schedules a pre-application conference with the village. This coloration protocol is designed to increase the likelihood that all reasonable opportunities for coloration have been investigated and that the appropriate information has been shared among the providers. The village recognizes that coloration is preferable, where technologically feasible and visually desirable, as a matter of public policy, but that coloration of antennas by providers is not always feasible for technical or business reasons. However, if all licensed providers are made aware of any pending tower of antenna permit request, the disclosure will allow providers to have the maximum amount of time to consider possible coloration opportunities, and will also assure the village that all reasonable accommodations for coloration have been investigated.
(2) Pre-application requirement. A pre-application conference is required for all proposed support structures.
(3) Coloration request letter requirement. At the time of pre-application conference, the applicant shall demonstrate that the following notice was mailed to all other providers rendering service within the village:
“Pursuant to the requirements of § 162.097 of the Village of Elwood Zoning Code, (applicant) is hereby providing you with notice of our intent to meet with the Village of Elwood in a pre-application conference to discuss the location of a wireless communication facility that would be located at ______________________. In general, we plan to construct a support structure of __________ feet in height for the purpose of providing (Cellular, PCS, etc.) service.
Please inform us whether you have any existing or pending antenna or tower facilities located within _________ feet of the proposed facility that may be available for possible coloration opportunities. Please provide us with this information within ten business days after the date of this letter. Your cooperation is appreciated.”
(4) Applicant’s duty to analyze the feasibility of coloration. If a response to coloration request letter is received by an applicant indicating an opportunity for coloration, the applicant shall analyze the feasibility of coloration. This analysis shall be submitted with an application for any support structure. The investigation of the feasibility of coloration shall be deemed to have occurred if the applicant submits all of the following information:
(a) A statement from a qualified engineer indicating whether the necessary service can or cannot be provided by coloration at the possible location site;
(b) Evidence that the lessor of the possible coloration site either agrees or disagrees to coloration on their property;
(c) Evidence that adequate access does or does not exist at the possible collocation site to accommodate needed equipment and meet all of the site development standards; and
(d) Evidence that adequate access does or does not exist at the possible collocation site.
(5) Result of coloration feasibility analysis. If the applicant has provided information addressing each of the criteria in division (D) above, the coloration protocol shall be deemed complete.
(J) Abandoned facilities. An antenna or satellite dish whose use has been discontinued for a period of six consecutive months or longer is hereby declared abandoned. Abandoned facilities shall be removed by the property owner within 90 days of abandonment. Failure to remove an abandoned facility is declared a public nuisance and is subject to penalties as outlined in the Elwood Municipal Code.
(Ord. 656, passed 7-2-2001)