(A) Principal or accessory use. An antenna or tower may be considered either a principal or an accessory use. On any lot, an existing use or structure shall not preclude the installation of an antenna or tower on such lot.
(B) State or federal requirements.
(1) All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are altered, changed, or modified after the date of approval by the village, or construction by the owner, then the owner of any personal wireless service facility governed by this section shall bring such personal wireless service facility into compliance with such revised standards and regulations within six months after:
(a) The effective date of any such standards and regulations; or
(b) The date the facilities are amortized at least 50%, whichever is later, unless a different compliance schedule is mandated by the controlling state or federal agency.
(2) Failure to bring any personal wireless service facility into compliance with such revised standards and regulations within such time shall constitute grounds for the removal of the personal wireless service facility at the owner's expense.
(C) Building codes; safety standards. To ensure the structural integrity of a personal wireless service facility, the owner of a personal wireless service facility shall ensure that it is designed, constructed and at all times maintained in compliance with standards contained in applicable state or local building codes, as amended from time to time. Owner shall submit plans, stamped by a professional engineer, sufficient for review and issuance of a building permit for the tower and all related facilities. If, upon inspection, the village concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the personal wireless service facility at the owner's expense. Prior to the issuance of a building permit the applicant shall post with the village a performance bond equal to the cost of removing the personal wireless service facility and all associated equipment.
(D) Lot size. For purposes of determining whether the installation of a personal wireless service facility complies with applicable regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements in the district in which the personal wireless service facility may be located, the dimensions of the entire lot shall control, even though the antennas or towers may be located on only a portion of such lot.
(E) Aesthetics. Towers and antennas shall meet the following requirements:
(1) Towers either shall be constructed of and maintain a galvanized steel finish or, subject to any applicable standards of the FAA, shall be painted so as to reduce visual glare and obtrusiveness. The color of the tower shall be designed to facilitate the appearance of the tower to blend with the natural environment, subject to the approval of the Village Board.
(2) At a tower site, the design of the equipment building and/or cabinet, and any related structures shall, to the extent possible, use materials, colors, and/or textures that will blend them into the natural setting and surrounding buildings; in addition, the village may require as a condition for approval of the application for special use certain screening or landscaping.
(3) If an antenna is installed on a base station, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the base station so as to make the antenna and related equipment as visually unobtrusive as possible.
(F) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. Lighting is permitted during times which construction or maintenance is being performed on a tower.
(G) Measurement. For purposes of measurement, tower separation distances shall be calculated and applied to facilities located in and around the village irrespective of municipal and county jurisdictional boundaries.
(H) Signs. No signs shall be allowed on any antenna or tower, except for any safety warning or other sign required by applicable regulation and a sign bearing the identity of the owner of the personal wireless service facility.
(I) Buildings, cabinets, and support equipment. Buildings, cabinets, support equipment and other facilities associated with any antenna or tower shall comply with the requirements of § 154.175
(J) Not essential services. Personal wireless service facilities shall not be regulated or permitted as essential services, public utilities, or private utilities.
(K) Inventory of existing sites. Each application for a new personal wireless service facility shall include an inventory of existing personal wireless service facilities, or sites which have been approved for personal wireless service facilities, or for which applications or petitions for approval for personal wireless service facilities have been filed, that are either within the jurisdiction of the village or within one-quarter mile of the border thereof, including specific information about the location, height, and design of each tower. The village may share such information with other applicants applying for approvals or special use permits under this subchapter or other persons or entities seeking to locate personal wireless service facilities within the jurisdiction of the village; provided, however, that the village is not, by sharing such information, in any way representing or warranting that such sites are available or suitable for location of a personal wireless service facility. The purpose of requiring this information is to facilitate and promote collocation of communication facilities.
(Ord. 16-02, passed 2-22-2016)