(A) Wireless and cellular telecommunication towers and facilities are permitted uses in industrial zoned districts contingent upon a number of requirements being met. These criteria are in place in an attempt to minimize adverse health, safety, public welfare, or visual impacts through buffering, siting, design and construction, and reduction of the need for new towers.
(C) Registration of wireless and cellular telecommunication towers and facilities is required by § 154.141.
(D) Shared usage of towers and transmission facilities is encouraged, and towers shall be designed to be buildable up to the maximum height permitted by this legislation, and shall be constructed in such a way as to permit at least two other telecommunications providers to co-locate their telecommunications facilities thereon when and if built to the maximum height permitted by this legislation. Appropriate shared parking and access must be provided for co-located facilities on one tower.
(E) All wireless and cellular telecommunication facilities must be co-located with existing facilities except where the applicant can demonstrate by clear and convincing evidence that its facilities cannot be located on any other existing communication tower, building, or structure in the geographic area to be served, and that all reasonable means have been undertaken to avoid any undue impact caused by the “clustering” of towers within an area. The applicant must send a certified mail announcement to all other owners of existing towers and tall structure owners in the geographic area to be served stating their siting needs and/or sharing capabilities. In determining whether a facility can or cannot be located on another communication tower, building, or structure, the village shall consider the space available on an existing structure, the technological practicality of the co-location, the financial feasibility of the co-location, and such other factors as the village deems appropriate.
(F) Federal Aviation Administration regulations shall be met and requirements presented to the village prior to facility approval.
(G) The owner of any tower or facility shall indemnify and hold the village harmless against any and all claims, demands, suits, causes of action or judgment arising from any injury, including death or damage caused by the construction and operation of the tower or facility.
(Prior Code, § 1286.02) (Ord. 2002-11, passed 11-25-2002) Penalty, see § 154.999