(A) Notwithstanding any otherwise applicable provision of Chapter 153 of the Zoning Code, the following permit application process shall be the exclusive process for any person seeking the placement or operation of a cellular or wireless communication antenna, tower, or site within the Village of Lincoln Heights.
(B) No permit shall be issued allowing for the placement or operation of a cellular or wireless communication antenna, cellular or wireless communication tower, or cellular or wireless communication site within the Village of Lincoln Heights unless the following permit application process is followed.
(1) Notwithstanding any provision of Chapter 153 of the Zoning Code, any person applying for the placement or operation of a cellular or wireless communication antenna, cellular or wireless communication tower, or cellular or wireless communication site within a Telecommunications District must first arrange a conference with the Village Building Inspector to provide information regarding the proposed placement within the village. Any designees of the Village Building Inspector shall also be permitted to attend the conference. The information shall include a preliminary plan, which provides a rendering of any proposed tower or site to scale and in relation to surrounding area.
(2) No later than five business days after the conference with the Village Building Inspector is conducted, as set forth in division (B)(1) of this section, the applicant shall provide written notice by certified mail, of the applicant's intent to place or operate a cellular or wireless communication antenna, cellular or wireless communication tower, or cellular or wireless communication site to all owners of property whose land is contiguous to and/or directly across the street from the property on which the applicant intends to place or operate the antenna, tower, or site. If the notice is unclaimed or refused, the applicant shall mail the notice by regular mail. All such property owners and their mailing addresses shall be provided to the village. The notice shall include:
(a) A brief description of the proposed plan to place and operate the proposed antenna, tower, or site, to include a legal description of all affected property, the address of all affected property, and the identification of all streets which are proximate to or in the immediate vicinity of the site sufficient to identify the particular location and boundaries upon which the antenna, tower, or site is to be placed or operated;
(b) A site rendering or illustration of the proposed antenna, tower, or site as it would appear upon completion; and
(c) A brief statement outlining the necessity, purpose, or intended use of the proposed antenna, tower, or site.
(3) At the next regular Village Council session following the conference, the Building Inspector shall give notice of the application to Village Council and shall submit any preliminary plan.
(4) Upon receiving notice of the conference and plans, Village Council shall conduct a special meeting within a reasonable time for the purpose of making a determination as to whether the proposed plan satisfies the standards of approval set forth in § 154.08. The special meeting shall provide:
(a) A full opportunity for the applicant to make a presentation to Village Council regarding the proposed cellular or wireless communication tower, or cellular or wireless communication site including the land and any issues pertaining to the standards for approval set forth in § 154.08;
(b) A full opportunity for the Village Council to submit questions to the applicant regarding the proposed cellular or wireless communication tower, or cellular or wireless communication site, including the plans to any issues pertaining to the standards for approval set forth in § 154.08;
(c) A full opportunity for any interested property owners or other affected persons to address Village Council regarding the proposed cellular or wireless communication tower, or cellular or wireless communication site, including the plans and any issues pertaining to the standards for approval set forth in § 154.08;
(d) A full opportunity for Village Council to seek input from the Village Administration or other retained consultants or experts regarding the proposed cellular or wireless communication tower, or cellular or wireless communication site, including the plans and any issues pertaining to the standards for approval set forth in § 154.08; and
(e) A full opportunity for Village Council to deliberate, debate, and vote on whether to grant a permit to the applicant.
(5) Upon the conclusion of the initial special session, Village Council may conduct such additional special sessions as it may deem necessary so as to further deliberate, obtain additional information, or conduct additional fact-finding prior to making its determination as to whether to issue a permit.
(6) All Village Council special sessions conducted pursuant to this section shall provide for the transcription of testimony, a record for any admitted evidence, and offer the applicant, affected property owners, or other interested party a full opportunity to appear in person, with an attorney, to:
(a) Present positions, arguments, and contentions;
(b) Offer and examine witnesses and present any supporting evidenced;
(c) Cross-examine witnesses purporting to refute a position, argument, or contention;
(d) Offer evidence to refute evidence and testimony offered in opposition to a position, argument, or contention; and
(e) Proffer evidence into the record if the admission of it is denied by Village Council.
(7) All testimony adduced before Village Council under this subsection shall be given under oath.
(8) Village Council shall conduct such deliberations in a quasi-judicial capacity, and not as a legislative body. Such deliberations shall be conducted in public.
(9) Upon making a determination whether to issue a permit pursuant to this section, Village Council shall place into the record its supporting findings of fact and conclusions of law.
(10) A permit shall be issued only upon a 2/3 majority vote of Village Council in favor of such issuance. In the event Village Council determines that a permit shall be issued, it shall incorporate into the permit any conditions or limitations as it may deem necessary based upon the standards for approval set forth in § 154.08.
(C) In addition to the required public notice for any special Council meetings held pursuant to this section, the village shall provide written notice by regular mail of the initial special meeting to all affected owners of property, as identified by the applicant to the village as provided by division (B)(2) of this section.
(Ord. 97-O-47, passed 11-10-1997)