Antennas and/or towers for personal wireless services shall not be installed without first obtaining a permit from the department of public health and safety. The following regulations shall govern the installation of antennas and towers for personal wireless services:
A. Definitions: For the purposes of this section, the following words and terms shall be construed as herein defined:
ANTENNA: Any exterior apparatus designed for the sending and/or receiving of electromagnetic waves, and used for personal wireless services.
FAA: The federal aviation administration.
FCC: The federal communications commission.
PERSONAL WIRELESS SERVICES: Commercial mobile services, common carrier wireless exchange access services, and unlicensed wireless services (i.e., telecommunications services using duly authorized devices which do not require individual licenses, but not including direct to home satellite services).
TOWER: Any structure designed and constructed primarily for, and used for, the purpose of supporting one or more antennas.
TOWER FACILITY: The area comprising the tower, ground equipment, fencing and other improvements associated with the tower, excluding the access thereto.
B. Purpose: The purpose and intention of this section is to provide for the installation of antennas and towers for personal wireless services so as to: encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the village; encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the village is minimal; encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and to comply with the requirements of federal law.
C. Compliance: Antennas and towers for personal wireless services, complying with the requirements of this section, may be installed by licensed wireless carriers on lots in the following districts:
B-1 | Neighborhood shopping district |
B-2 | Community shopping district |
I-1 | Light industrial district |
I-2 | Industrial district |
D. Requirements: Antennas and towers for personal wireless services may be installed on lots as provided in subsection C of this section, in accordance with the following:
1. Inventory Required: Each applicant for a permit pursuant to this section shall provide to the director of public health and safety an inventory of its existing tower facilities within the village and within one-half (1/2) mile of the corporate limits of the village, including specific information detailing the location, height and design of each such tower.
2. Use Of Existing Towers: No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the director of public health and safety that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
a. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.
b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
3. Roof Mounted Or Monopole Towers Required: Each tower for personal wireless services shall be roof mounted, i.e., structurally attached to the roof of a building, or freestanding, i.e., structurally attached directly to the ground. When structurally attached to the ground, towers shall be of a monopole type (i.e., a cylindrical, tapering metal pole without supporting wires) and shall have a galvanized finish or be painted a neutral color so as to minimize visual obstruction.
4. Number Permitted: One roof mounted or one ground mounted tower is permitted on each zoning lot.
5. Height: No freestanding tower shall exceed a total height of twenty feet (20') above the zoning district's maximum building height, and no roof mounted tower shall exceed a total height of twenty feet (20') above an existing building's height, both as measured to the highest point of the tower, including the height of any antennas attached thereto, unless as approved pursuant to this subsection D, in which case, the tower shall not exceed the minimum height necessary to provide personal wireless services.
6. Setbacks: Each freestanding tower facility, including any equipment and fencing, shall be set back from any adjacent property line a minimum of ten feet (10') in any district, except when the property upon which the freestanding tower is located is adjacent to, or across the street or public right of way from any residentially zoned property (excluding cemeteries) or property used for residential purposes, then the minimum setback from any residentially zoned property or use shall be equal to the height of the tower.
7. Separation: No freestanding tower shall be installed less than five hundred feet (500') from any other freestanding tower. There is no minimum separation requirement between roof mounted equipment.
8. Projection From Walls: No antenna installed by structural attachment to a roof mounted tower or directly to a building shall overhang, or project, more than twenty four inches (24") beyond the vertical plane of any exterior wall of such building.
9. Protection, Screening And Landscaping: Each tower shall be equipped with an appropriate anticlimbing device or devices; and shall feature security fencing and/or other security measures, unless the applicant can demonstrate to the satisfaction of the director of public health and safety that such fencing and/or other security measures may be waived without a significant adverse impact on public safety. Landscaping shall be designed to screen the tower and any related equipment or screening from the direct views of nearby rights of way or properties used for residential purposes.
10. Access: Unobstructed asphalt or other hard surface paving as approved by the director of public health and safety shall be provided for driveways and parking between the right of way and the personal wireless facility. Proof of easements over such access areas shall be provided to the director of public health and safety.
11. Illumination: No tower shall be artificially illuminated, unless artificial illumination is required by the FAA or other regulatory agency having jurisdiction; in which case, such artificial illumination shall be limited to that which is so required.
12. Color: All towers and antennas, including all associated electrical and mechanical equipment, shall be of a neutral color and shall be designed to the extent practicable to use materials, colors, textures, screening and landscaping which visually blend with the surrounding property.
13. Signage: No commercial advertising shall be allowed on any antenna and/or towers, for personal wireless service.
14. Additional Uses Permitted On Lot: Antennas and towers for personal wireless services may be installed on lots with different existing principal structures and/or uses. Such antennas and towers, complying with the requirements of this section, shall not be deemed to be either principal or accessory structures or uses, but shall be permitted additional structures and uses. Such antennas and towers, including all associated electrical and mechanical equipment, shall, however, be included for purposes of determining maximum lot coverage for the lots upon which they are located and shall not decrease parking below what is required or authorized by ordinance.
15. Compliance With Codes: Each antenna and tower shall be installed, and at all times maintained, in accordance with the village's building code, title 8 of this code, and with all applicable federal, state and local laws, ordinances, codes, rules, regulations and standards, including, but not limited to, those of the FAA and the FCC.
16. Abandonment: Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within thirty (30) days of receipt of notice from the director of public health and safety notifying the owner of such abandonment.
17. Denial: If the Planning and Zoning Commission or Village Council shall make any decision to deny a request made pursuant to this section, the denial shall be made by the village within a reasonable amount of time in writing and supported by substantial evidence contained in a written record. (Ord. O-25-13, 9-23-2013; amd. Ord. O-20-22, 5-9-2022)