(A) On judicial review of an adverse decision, the issue shall be the reasonableness of the Village Board’s decision in light of the evidence presented on the siting consideration and the well-reasoned recommendation of the hearing officer or any other body that conducted the public hearing.
(B) Every ordinance granting approval of a conditional use permit for a personal wireless services antenna support structure shall state that any assignment or transfer of the conditional use permit or any of the rights thereunder may be made only with the approval of the Board of Trustees.
(C) When one or more antennas, an antenna support structure, or related equipment are not operated for the provision of personal wireless services for a continuous period of 12 months or more, such antenna, antenna support structure, or related equipment may be deemed to be abandoned by the village. The owner of such an antenna, antenna support structure or related equipment shall remove such items within 90 days following the mailing of written notice that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the village to such owner at the last known address of such owner. If two or more providers of personal wireless services use the antenna support structure or related equipment to provide personal wireless services, then the period of non-use under this provision shall be measured from the cessation of operation at the location of such antenna support structure or related equipment by all such providers.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)