(a) Utility Pole. Wireless telecommunication facilities may be located on an existing, new or replacement utility pole located within a public or private right-of-way or public utility easement; sites owned, leased or operated by the Village or other governmental agencies; parks or other large, permanent open spaces; cemeteries; or public or private school sites. The height of the pole shall not exceed 70 feet, except that the Village Council may permit height of up to ten feet above the tree canopy height pursuant to Section 1265.03(b)(1), below.
(c) Existing Structures. Wireless telecommunication facilities may be located on existing structures, including but not limited to buildings, towers, existing telecommunication facilities, poles, and related facilities provided that the installation does not reduce the character and structural integrity of those structures. However, wireless telecommunication facilities shall not be located on any residential dwelling or residential accessory building.
(1) Feasibility; Burden of Proof. The applicant for a new ground mounted wireless telecommunication facility shall have the burden of proving it is not feasible to locate its wireless telecommunication facility on an existing structure. A proposal for a new ground mounted wireless telecommunication facility shall not be approved unless it is established to the Village’s reasonable satisfaction by the applicant that the proposed wireless telecommunication facility cannot feasibly be colocated or installed on an existing structure due to one of the following reasons:
A. The proposed facility would exceed the structural capacity of the existing structure, as documented by a State licensed and registered professional engineer, and the existing structure cannot be reinforced, modified or replaced to accommodate the proposed or equivalent facility.
B. The proposed facility would cause interference that would materially affect the functionality of other existing or planned equipment at the existing structure as documented by a State licensed and registered professional engineer, and the interference cannot be prevented by any other reasonable means.
C. Existing structures within the coverage area cannot accommodate the proposed facility at a height necessary for the proposed facility’s coverage area and capacity needs, as documented by a State licensed and registered professional engineer.
D. Other technical reasons that make it infeasible to locate the proposed facility upon an existing structure.
(2) Feasibility. Location on an existing structure shall be deemed to be “feasible,” for the purposes of this section, where all of the following are met:
A. The owner of an existing structure under consideration will accept market rent or other market compensation for location of the proposed wireless telecommunication facility on the existing structure.
B. The existing structure under consideration, with reasonable modification, can provide adequate structural support.
C. Location on an existing structure under consideration is technologically reasonable, and the location will not result in unreasonable interference, given appropriate physical and other adjustments in relation to the structure, antennas and the like.
D. The height of the existing structure being considered will not be increased more than 20 feet or 10% of its original height, whichever is greater.
(3) Camouflaged. If the applicant demonstrates to the Village’s satisfaction that it is not feasible to locate on an existing structure, a new ground mounted wireless telecommunication facility shall be designed to be concealed, disguised or camouflaged to the fullest extent reasonably possible, including, but not limited to, use of compatible building materials and colors, screening, landscaping and placement among trees.
(4) Location of Ground Mounted Facilities. New ground mounted wireless telecommunication facilities shall not be located within 200 feet of a residential dwelling. This requirement shall be in addition to any other setback required in this chapter.
(Ord. 98-41. Passed 3-16-98; Ord. 2004-04. Passed 12-13-04; Ord. 2013-10. Passed 10-14-13.)