A. General: The following provisions shall govern the issuance of administrative approvals for towers and antennas:
1. The village may administratively approve the uses listed in this section, in accordance with the procedures set forth herein.
2. Each applicant for administrative approval shall file an application with the village clerk, including the information set forth in subsection 6-19-7B1 of this article and a deposit equal to two thousand dollars ($2,000.00) from which the village shall from time to time pay the application fee, and the costs of reviewing the application, including fees incurred for any consultant to review and report on the application. Any balance remaining on said deposit after final decision of the application shall be refunded to the applicant. The village board shall from time to time set a fee for such application.
3. The village engineer, village building official, and village zoning administrator shall review the application for administrative approval to determine if the proposed use complies with the requirements of this article, and deliver to the village board a recommendation or recommendations regarding the application.
4. The board of trustees shall thereafter review and approve, approve with conditions, or deny the application, as soon as practicable after receipt of the recommendation(s) described in subsection A3 of this section.
5. In connection with any such application for administrative approval, the village may, in order to encourage shared use of any facilities, reduce any setback requirements in subsection 6-19-7B4 of this article, or separation distances between towers in subsection 6-19-7B5 of this article by up to fifty percent (50%).
6. In connection with any such administrative approval, the village may, in order to encourage the use of monopoles, allow the reconstruction of an existing tower to monopole construction.
7. If an administrative approval is denied, the applicant shall prior to filing any appeal which may otherwise be available to the applicant under the village zoning regulations, file an application for a conditional use permit pursuant to section 6-19-7 of this article.
B. List Of Administratively Approved Uses: The following uses may be approved by the village after conducting an administrative review:
1. Zoning Districts: Antennas or towers located in the following zoning districts, provided the tower or antenna structure is located no less than two hundred feet (200') from any residential zoning district boundary line: O-R office research; O-M office manufacturing; M-1 restricted industrial; M-2 general industrial; and M-3 industrial zoning districts.
2. Existing Towers Or Structures: Locating an antenna on an existing structure or tower consistent with the terms of subsections B2a and B2b of this section.
a. Antennas On Existing Structures: Any antenna which is not attached to a tower may be approved by the village as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight (8) or more dwelling units, provided:
(1) The antenna does not extend more than thirty feet (30') above the highest point of the structure;
(2) The antenna complies with all applicable FCC and FAA regulations; and
(3) The antenna complies with all applicable building codes.
b. Antennas On Existing Towers: An antenna which is attached to an existing tower may be approved by the village and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on an existing tower shall take precedence over the construction of a new tower, provided such collocation is accomplished in a manner consistent with the following:
(1) Collocation: A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the village allows reconstruction as a monopole.
(2) Height:
(A) An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the tower's existing height, to accommodate the collocation of an additional antenna or antennas.
(B) The increase in height referred to in subsection B2b(2)(A) of this section may be allowed only one time per tower.
(C) The increase in height referred to in subsection B2b(2)(A) of this section shall not require an additional distance separation as set forth in section 6-19-3 of this article. The tower's premodification height shall be used to calculate distance separation.
(3) On Site Location:
(A) A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty feet (50') of its existing location.
(B) After such tower has been rebuilt to accommodate collocation, only one tower may remain on the site.
(C) For any tower so relocated on site, separation distances shall continue to be measured from the original tower location for purposes of subsection 6-19-7B5 of this article. The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection 6-19-7B5 of this article; provided, however, that if such relocation would cause the tower to come within the separation distance required for any residential units or residentially zoned land as established in subsection 6-19-7B5 of this article, the relocation shall be permitted only with approval of the board of trustees.
3. New Tower In Nonresidential Zoning District: Locating any new tower in any business zoning district, provided the following conditions are met:
a. A licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant;
c. The tower meets the setback requirements in subsection 6-19-7B4 of this article and separation distances in subsection 6-19-7B5 of this article; and
d. The tower meets the following height and usage criteria:
(1) For a single user, up to and including ninety feet (90') in height;
(2) For two (2) users, up to and including one hundred twenty feet (120') in height;
(3) For three (3) or more users, up to and including one hundred fifty feet (150') in height; and
(4) For a monopole, up to and including one hundred ninety feet (190') in height.
4. Cable Installation: Installing a cable microcell network through the use of multiple low powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. (Ord. 06-54, 9-21-2006)