(A) Purpose. These regulations are established to provide for the construction and use of wireless telecommunication facilities in the village. The regulations allow wireless telecommunication facilities as a permitted use, conditional use, or accessory use depending upon the specific land areas of the village in which, and circumstances under which, they are proposed to be located. The purpose of these regulations is to balance the competing interests created by the Federal Telecommunications Act of 1996 (Public Law 104-104, codified at 47 U.S.C. §§ 151 et seq.) and the interests of the village in regulating wireless telecommunication facilities for the following reasons:
(1) To provide for orderly development within the village;
(2) To protect property values;
(3) To maintain the aesthetic appearance of the village, including, but not limited to, its National Historic Landmark status, its unique residential character, unobstructed open spaces and attractive neighborhood commercial area;
(4) To protect residential properties, historical areas, parks, open spaces and the commercial areas which are characteristic of the village from the adverse effects of towers and related facilities;
(5) To promote collocation of wireless telecommunications facilities in order to decrease the total number of towers in the village;
(6) To provide for and protect the health, safety and general welfare of the residents and visitors of the village; and
(7) To maintain, where possible, the integrity of the existing zoning regulations contained in the code.
(8) The regulations establish a hierarchy of acceptable land areas for the location of wireless telecommunication facilities through the establishment of such use as a permitted use on certain properties, as a conditional use in certain zoning districts, or as a permitted accessory use for erection of antennas only, which determination is dependent upon the location and characteristics of such land areas.
(B) Definitions.
COLLOCATION. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.
LATTICE TOWER. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which tapers from the foundation.
MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by federal law at 47 U.S.C. § 332(c)(7).
TECHNICALLY SUITABLE. The location of a wireless telecommunication antenna(s) reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna(s) has been licensed by the Federal Communications Commission (FCC) to operate without a significant loss of communication capability within developed areas of the village.
TELECOMMUNICATION(S). The technology that enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or magnetic systems and includes the term "Personal Wireless Services."
WIRELESS TELECOMMUNICATION ANTENNA or ANTENNA ARRAY. The physical device or an array of elements constituting a physical device through which electromagnetic, wireless telecommunications signals authorized by the FCC are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER or EQUIPMENT SHELTER. The structure or cabinet in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
WIRELESS TELECOMMUNICATION FACILITY or FACILITY. A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines for the provision of "Personal Wireless Services."
WIRELESS TELECOMMUNICATION TOWER or TOWER. A structure, other than a building, that elevates the wireless telecommunication antenna and may include accessory transmission and receiving equipment.
(C) Applicability. No person shall construct, erect, maintain, extend or remove a wireless telecommunication facility in the Village without compliance with the provisions of this Section.
(D) Use Regulations.
(1) Prohibited use. Wireless telecommunication towers are expressly prohibited within the National Historic Landmark District, within any designated local historic district, within any Historic District "H" overlay district, and on any property containing a national historic landmark or designated local landmark.
(2) Permitted use. A wireless telecommunication tower shall be permitted in any interstate highway right-of-way pursuant to the provisions as set forth in this section, where applicable.
(3) Conditionally permitted use – towers. Unless prohibited under § 154.58(D)(1) above, a wireless telecommunication tower may be permitted as a conditional use in any residential district. Such use may be approved under the procedure set forth in § 154.62, provided the applicant demonstrates compliance with the requirements of this section and all other applicable provisions of the zoning code, and of all applicable federal and state statutes and regulations.
(4) Conditionally permitted use – antennas.
(a) A wireless telecommunication antenna may be permitted as a conditional use in any district. Such use may be approved under the procedure set forth in § 154.62, provided the applicant demonstrates compliance with the requirements of this section and all other applicable provisions of the zoning code, and of all applicable federal and state statutes and regulations. Such conditionally permitted antennas may be approved for installation on existing buildings and structures that are four or more stories above grade provided that no more than two antennas or antenna arrays shall be installed on any building or structure, the antennas or antenna arrays are not visible and do not extend above the highest point of the roof, and all electronic and relay equipment for the antenna are housed within the existing building or structure or in an equipment shelter that is screened so as not to be visible from neighboring properties, public rights-of-way, and other public areas;
(b) To the extent the remaining standards of this section are applicable to the installation of a wireless telecommunication antenna on an existing building or structure, such standards shall govern the installation.
(E) Minimum Standards for Construction Erection, Maintenance and Removal. Except as otherwise provided in this Section, all wireless telecommunication towers and their related facilities shall comply with the following standards:
(1) Spacing. There shall be a separation of a minimum of 1/4-mile between wireless telecommunication towers, including a separation of at least 1/4-mile from any such tower located outside the village's corporate limits at the time an application is made for a tower to be located within the village.
(2) Height.
(a) The maximum height of a free-standing wireless telecommunication tower, including its antenna and all appurtenances, shall be 150 feet above the approved grade.
(b) The height of any equipment shelter shall not exceed 15 feet from the approved grade.
(3) Setbacks.
(a) Except as provided in division (b) below, all wireless telecommunication towers shall be set back from property lines a distance of at least 300 feet from other residentially zoned property. Otherwise, the tower and related facilities shall comply with the required setbacks for the zoning district in which they are located. In no event shall a wireless telecommunication tower or facility be located in front of the principal building on the lot, if any.
(b) All wireless telecommunication towers located on an interstate highway right-of-way shall be setback from a dwelling unit a distance of 110% of the height of the tower.
(4) Lot Size. The minimum lot size for new wireless telecommunication towers shall be one acre.
(5) Design.
(a) All wireless telecommunication towers shall be of a monopole design, as opposed to a lattice design. No guy wired towers shall be permitted.
(b) All wireless telecommunication facilities shall be subject to review the procedure set forth in § 154.62 for the purpose of enhancing the compatibility of the facilities with their surroundings. The color of a wireless telecommunication tower including any antenna(s) attached thereon shall be as determined by the Village Council upon recommendation of the Glendale Planning Historic Preservation Commission (GPHPC) for the purpose of minimizing its visibility, unless otherwise required by the FCC or the Federal Aviation Administration (FAA).
(c) The wireless telecommunication antenna(s) shall be of a panel design and mounted flush to the tower, building or structure which elevates the antenna(s), unless the applicant can demonstrate that it is not feasible from an engineering standpoint to use such antenna(s) or to mount them in such a fashion.
(6) Landscaping. A landscaped buffer area of not less than fifteen feet in depth shall be placed between the wireless telecommunication facilities and the public rights-of-way and any adjacent properties from which a direct view can be had of the facilities, other than the tower itself. The fifteen 15-foot landscaped buffer shall have a tight screen fence of hardy evergreen shrubbery not less than six feet in height. The landscaping shall be continuously maintained and promptly restored, if necessary.
(7) Engineering report. A report shall be prepared and submitted by a qualified and licensed professional engineer and shall provide proof of compliance with all applicable Federal, State, County, and Village regulations. The report shall include a detailed description of the wireless telecommunication tower, antenna(s), equipment shelter, and appurtenances, and shall certify that radio frequency emissions are in compliance with the regulations of the FCC and shall certify that the use of the facilities will not adversely affect or interfere with radio transmissions for public safety purposes. The Village may, at its option, retain a qualified outside consultant to review technical information provided by the applicant, and the costs, fees and expenses of such an outside consultant shall be borne wholly by the applicant.
(8) SHPO materials. All materials submitted to the State Historic Preservation Office (SHPO) for review pursuant to Section 106 of the National Historic Preservation Act of 1966, shall be submitted by the applicant prior to approval by the SHPO.
(9) Photosimulations. An applicant for a permit to construct or otherwise install personal wireless telecommunications facilities must submit photosimulations of the proposed facility as it would be seen from residential areas, public rights-of-way, public parks, and other sites deemed appropriate by the GPHPC.
(10) Collocation.
(a) With the application, the applicant shall list the location of every tower, building or structure (including those outside the corporate boundaries of the Village) that could support the proposed antenna(s) or arrays where it would be technically suitable to locate so as to allow it to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure. If another existing tower, building or structure is technically suitable, the applicant must demonstrate that it has requested to collocate on the existing tower, building or structure and the collocation request was rejected by the owner of the tower, building or structure. In all circumstances, owners of existing towers, buildings or structures shall promptly respond in writing to requests for collocation, but in no event shall they respond more than thirty (30) days from the date of receipt of a written request for collocation. If another tower, building or structure is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower, building or structure to collocate an antenna(s) on another tower, building or structure which is owned or controlled by the applicant, if any, on reasonably reciprocal terms and the offer was not accepted; and
(b) All applicants for construction or erection of wireless telecommunication towers shall be required to construct on a base tower structure and structure foundation that is designed to be buildable up to 150 feet above grade. Such structure shall be designed to have sufficient structural loading capacity to accommodate at least three antenna or antenna array platforms of equal loading capacity for three separate providers of service to be located on the structure when constructed to the maximum allowable height. The wireless telecommunication facility shall also be designed to show that the applicant has enough space on its site plan for an equipment. shelter large enough to accommodate at least three separate users of the facility. If an equipment shelter is initially constructed to accommodate only one user, space shall be reserved on site for equipment shelter expansions to accommodate up to at least three separate users. Agreement to the provisions of this subsection must be included in the applicant's lease with the landowner, if different from the owner/user of the tower. Written documentation must be presented to the Village Administrator evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this subsection. As an additional condition of issuing a conditional use permit, the owner/user shall respond in writing to any inquiries regarding collocation of another user of the facility within 30 days after receipt of a written inquiry. Copies of all written requests to collocate and all written responses shall be sent to the Village Administrator.
(11) Maintenance.
(a) The applicant shall submit a plan documenting how the wireless telecommunication facility will be maintained on the site in an ongoing manner that meets industry standards.
(b) On each biennial anniversary of the issuance of the use permit for a wireless telecommunication facility, or not more than ninety (90) days prior thereto, the owner/user shall submit to the village a report prepared by a licensed professional engineer which shall verify continued compliance of the facility with all governmental requirements including, but not limited to, the structural integrity and stability of any towers or antennas, electrical safety standards, and auxiliary power source safety standards.
(12) Lighting.
(a) All wireless telecommunication antennas or towers 100 feet in height or greater shall be illuminated for aviation purposes by the most visually nonobtrusive "state-of-the-art" lighting available, unless otherwise required by the FAA. Lighting fixtures or signs shall not be attached to the antenna or tower.
(b) Unless required by law, all antennas or towers less than 100 feet in height shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by FAA regulations, the most visually nonobtrusive "state-of-the-art" lighting available shall be used, unless otherwise required by the FAA.
(13) Security.
(a) A security fence not less than six feet above grade but not greater than eight feet above grade in height shall fully enclose those portions of the wireless telecommunication facility which come in contact with the ground. The fence shall be construed such that at least fifty percent (50%) of any linear foot of such fence is open for the through passage of light and air. Gates shall be locked at all times.
(b) A permanent warning sign with a minimum size of one square foot and a maximum size of three square feet shall be posted on the site, containing an emergency telephone number of the owner/user of each set of antennas on the site. The owner/user shall also provide the Village Administrator, the Fire Department and the Police Department, with the names, addresses, and telephone numbers of persons to contact in the event of an emergency.
(14) Advertising Prohibited. No advertising sign or device shall be permitted anywhere on a wireless telecommunication facility site.
(15) Outdoor Storage. There shall be no outdoor storage of equipment or other items on the wireless telecommunication facility site except during the facility construction period and to supply temporary emergency power to the facility only during a power outage.
(16) Access to facility. The access driveway to the wireless telecommunication facility shall, whenever feasible, be provided along with circulation driveways of the existing use on the lot, if any. Where use of an existing driveway is not feasible, the driveway to the facility shall be a maximum of 18 feet in width and shall be set back a minimum of 20 feet from the nearest side or rear lot line. This driveway shall meet the load limitations for fire equipment. If the access road to the facility is more than 1,500 feet from the public right-of-way, a turnaround shall be provided for emergency vehicles at the site. There shall be a maximum of one off-street parking space on the facility site.
(17) Accessory equipment shelter.
(a) The maximum cumulative total size of all equipment shelters accessory to a wireless telecommunication tower or antenna on a lot shall be 750 square feet and their maximum height shall not exceed 15 feet above the approved grade at the site for an equipment shelter with a pitched roof and a maximum height of ten feet above the approved grade at the site for an equipment shelter with a flat roof. Only one equipment shelter, or the configuration of more than one equipment shelter constructed to appear that there is only one equipment shelter, shall be permitted on a lot. The roof and facade of the equipment shelter shall be compatible with architectural design and materials with the principal building on the lot, if any, and shall otherwise be comparable to existing buildings within the village and shall not attempt to introduce an architectural style not found in the village and/or a style which would be incompatible with the historical and aesthetic development of the village.
(b) Where it is technically feasible and reasonably practical, an existing building or structure on a lot shall be used to shelter the equipment associated with a wireless telecommunication facility.
(18) Utilities to be underground. All utility lines from the utility source to the wireless telecommunication facility shall be underground.
(19) Time limit for commencement and completion. After issuance of a building permit to construct a wireless telecommunication facility, the applicant shall commence construction within six months and shall complete construction within one year or the permit shall expire.
(20) Abandonment and removal of facilities.
(a) If at any time the use of the wireless telecommunication facility is discontinued for 180 consecutive days, the facility shall be deemed abandoned. The Village Administrator shall notify the owner/user in writing and advise that the facility must be reactivated within 90 days, or it must be dismantled and removed from the site and the site restored to a landscaped condition within that same 90 day period, all at the cost of the owner/user. The owner/user of the wireless telecommunication facility shall, on no less than an annual basis from the date of issuance of the use permit, file a declaration with the Village Administrator as to the continuing operation of each of its facilities within the village.
(b) The applicant for a wireless telecommunication tower and/or the property owner shall be required as a condition of issuance of a building permit to post a cash or surety bond of not less than $75,000 to assure the faithful performance of the terms and conditions of this section and of any permit issued pursuant to this section. The applicant for a wireless telecommunication antennas and/or the property owner shall be required as a condition of issuance of a building permit to post a cash or surety bond of not less than $25,000 to assure the faithful performance of the terms and conditions of this ordinance and of any permit issued pursuant to this section. The full amount of the bond shall remain in full force and effect throughout the term of the permit and/or until any necessary work is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original permit.
(c) If an access drive which is separate from an existing access drive on the property is required to be constructed for a wireless telecommunication facility, the owner/operator of the facility shall also be required as a condition of issuance of a building permit to post a cash or surety bond of not less than $30.00 per linear foot of access drive. The bond(s) shall insure that an unused, abandoned, obsolete or destroyed wireless telecommunication facility and/or access drive shall be removed within 180 days of cessation of use or abandonment. Any successor-in-interest or assignee of the applicant shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the successor-in-interest or assignee occupies or operates the facility.
(21) Fees.
(a) The non-refundable zoning application fee for a new tower is $5,000. The non-refundable zoning application fee for new telecommunication antennas not located on a new tower is $2,500. The application fee for a building permit shall be as established by separate ordinance.
(b) If the village, at its option, retains a qualified outside consultant to review technical information provided by the applicant, the applicant shall make an initial deposit with the village of $8,500 to reimburse the village for all anticipated reasonable costs of consultants and expert evaluation and consultation to the village. The village will maintain a separate escrow account for all such funds. The village's consultants/experts shall invoice the village for the services in reviewing the application. If at any time during the process this escrow account has a balance less than $2,500, the applicant shall immediately, upon notification by the village, replenish said escrow account so that it has a balance of at least $5,000. Such additional escrow funds shall be deposited with the Village before any further action or consideration is taken on the application. In the event that the amount held in escrow by the village is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant.
(F) Exemption of certain village property. Notwithstanding the provisions of this section, a wireless telecommunication facility may be permitted on any property owned or controlled by the village and used for public services and shall be constructed, erected, maintained, extended and removed under such conditions, standards and regulations as required by Village Council.
(Ord. 2006-13, passed 6-5-06)