A. Purpose: The purpose of this section is to specify standards that shall be required to be met before the issuance of a special use permit.
B. Application Requirements:
1. Submission of a site plan, drawn to scale, showing the location and dimensions of existing and proposed buildings or structures, natural or manmade features, topography, elevations and location of landscaping and lighting.
2. Description of the proposed telecommunications antenna facility including certification by an engineer regarding the structural integrity of the facilities, and evidence of compliance with FCC emission standards.
3. Site needs and sharing capabilities. An inventory of the existing telecommunications antenna facilities including, but not limited to, existing antenna facilities, silos, water tanks, and buildings. Notification by way of certified mail shall be submitted as proof of exhausting possible avenues for sharing space.
4. Maintenance plan. A description of anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and traffic, noise and safety impacts on such maintenance.
5. Proof of approval or compliance with FAA standards.
6. Proof of liability insurance in the minimum single limit amount of two hundred thousand dollars ($200,000.00) with the village named as an additional insured.
C. Bulk Regulations:
1. Lot Size: Minimum lot size for the district in which the facilities are located.
2. Setback: A setback from adjoining property lines is required in order to minimize the adverse effects of falling ice or damage due to antenna collapse. A setback of fifty percent (50%) of the telecommunications antenna facility height shall be maintained, except a setback of five hundred feet (500') shall be maintained from all residential zoning districts and from buildings used for residential dwelling, daycare, or elementary or secondary schools.
3. Separation From Other Antenna Facilities: In order to encourage collocation of antennas on a common facility, all new antenna facilities exceeding seventy feet (70') in height shall not be located within one-fourth (1/4) mile (or 1,320 feet) of another antenna facility which exceeds seventy feet (70') in height.
4. Height: Antenna facilities shall not exceed one hundred five feet (105') in height.
D. Screening And Landscaping:
1. The facility and every element thereof shall be aesthetically and architecturally compatible with the architecture of surrounding area.
2. The proposed buildings, structures and use will be in harmony with the general character of the neighborhood.
3. Lighting shall be consistent with FAA guidelines and have a minimal spillover effect on adjoining property. Lighting not controlled by FAA guidelines shall comply with the provisions of this title.
E. Interference: The proposed facility shall not cause unreasonable interference with existing radio, television, telephone or DBS reception or services.
F. Effect On Adjoining Properties: The proposed facility will cause no objectionable noise, fumes, odors, glare, physical activity or effect that would impair the reasonable and peaceful enjoyment of neighboring properties.
G. Adequate Public Facilities: The proposed facility will be served by adequate public services and facilities, including police and fire protection, water and sanitary sewer, storm drainage, public roads and other public improvements.
H. FCC Compliance: The proposed facility shall meet FCC requirements.
I. Compliance With Other Codes: The proposed facility shall comply with all other building and housing codes per title 10, chapter 1 of the village code, the provisions of this title, and all other codes of applicable state, federal and local agencies with jurisdiction over such facility.
J. Abandonment: Facilities that remain unused for more than one year shall be demolished at the owner's cost.
K. Collocation Or Shared Use: Applicants shall be required to exhaust all possible avenues for sharing space on existing antenna facilities. Evidence shall be submitted showing the following:
1. The availability of space on existing telecommunications antenna facilities;
2. The willingness of the telecommunications antenna facility owner to execute a lease with the applicant and whether or not the terms of such lease are agreeable to applicant;
3. The ability of the applicant to reasonably meet its geographic service area requirements by locating on existing telecommunications antenna facilities;
4. Any radio, mechanical or electrical incompatibilities, conflicts, or interference caused by using an existing telecommunications antenna facility;
5. The comparative costs of new construction and collocation; and
6. Any FCC or other governmental restrictions on collocation.
L. Signs: No signs shall be permitted on antenna facilities other than warning or equipment signs; however, the antenna may be located on an existing sign structure.
M. Waivers: The mayor and board of trustees may modify or waive any of the foregoing special use standards where such waiver or modification is in the public interest or necessary to comply with federal law.
N. General Conditions: Standards applicable to all special uses include the following:
1. Ingress and egress to property and proposed structures shall be located and designed in a manner which will maximize automotive and pedestrian safety and convenience, facilitate traffic flow and control and provide easy and adequate access in case of fire or other catastrophe.
2. Off street parking and loading areas (see chapter 11 of this title), where required or provided, shall be located and designed in a manner which will maximize the items referred to in subsection N1 of this section and will minimize any adverse economic, noise, glare or odor effects of the special use on adjoining or nearby properties.
3. Refuse and service areas, if provided, shall be located and designed in a manner so as to accomplish the objectives specified in subsections N1 and N2 of this section.
4. Utilities provided in connection with the special use shall be designed and located so as to encourage the efficient and economic utilization, extension and expansion of the public utility system.
5. Screening and buffering materials shall be sufficient to ensure that the proposed special use will have no greater impact on surrounding land uses than other uses authorized as a matter of right.
6. Proposed exterior lighting shall be located and designed to maximize traffic safety and compatibility and harmony with adjoining or nearby properties and so as to minimize glare, noise and adverse economic impact on surrounding properties or authorized land uses.
7. Required yards and open spaces shall be sufficient to ensure that the proposed special use will have no greater impact on surrounding land uses than other uses authorized as a matter of right.
8. The site on which the special use is located shall be designed to make the proposed use generally compatible with adjoining or nearby properties.
9. The special use shall in all other respects conform to the applicable regulations of the district in which it is located and of the village code, except as such regulations may in each instance be modified by the board of trustees pursuant to the recommendations of the zoning board of appeals or as allowed for a planned unit development. (Ord. 2009-36, 4-6-2009)