(A) In cases of cellular or wireless communication antennas, cellular or wireless communication towers, or cellular or wireless communication sites, the applicant shall demonstrate, within generally accepted telecommunications industry standards, that there are no other reasonably suitable locations within the geographic area to be served except for the placement of the antenna tower or site in the Telecommunication District, to include the follows:
(1) The sole feasible method of providing the proposed telecommunications services is through the utilization of the proposed tower, site, or antenna; and
(2) As opposed to other currently available or feasible telecommunications technologies, an antenna, tower, or site must be physically placed or operated at the proposed location.
(B) The applicant shall demonstrate, utilizing the most recent technological evidence, that an antenna, tower, or site must be physically placed or operated at the proposed location as a necessary component of a cellular or wireless communications grid system.
(C) The applicant shall demonstrate, utilizing the most recent technological evidence, the non-feasibility of placing an antenna or tower on existing structures, including the placement of an antenna on any existing or permitted towers or sites. In cases where the applicant does not propose to place an antenna or tower on an existing tower or site, the applicant must demonstrate by clear and convincing evidence that the antenna or tower cannot be located on any other tower site, building, or structure in the geographic area to be served, and that all, reasonable means have been undertaken to avoid any undue impact caused by the "clustering" of towers or sites within an area, including any telecommunications districts. The applicant must send a certified mail announcement to all other existing tower or site operators in the geographic area to be served stating the applicant's siting needs and/or sharing capabilities. In determining whether the applicant has met the requirements of this section, Village Council's determination shall consider those factors set forth in divisions (B) and (C) of this section.
(D) The applicant shall demonstrate that public safety communications; including police, fire, and emergency response services communications will not be negatively affected or otherwise impaired by the operation of the proposed antenna, tower, or site.
(E) The applicant shall demonstrate that the physical design of the proposed cellular or wireless communications tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower structure failure, falling ice or other debris.
(F) The applicant shall demonstrate that the cellular or wireless communications tower is fitted with manufacturer approved anti-climbing devices.
(G) An enclosure fence shall be required around the cellular or wireless communications tower and any supporting structures unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height and shall be erected to prevent access to non-authorized personnel. The fence shall be constructed out of chain link. Running along the top of the fence shall be three separated strands of barbwire.
(H) Landscaping shall be required to screen as much of the support structures as possible, the fence surrounding the cellular or wireless communications tower or site and in general, to soften the appearance of the cellular or wireless communications site. A tower or site landscaping proposal shall include trees, shrubs and other landscaping vegetation. Existing vegetation, topography, walls, decorative fences or other features may be incorporated into the landscaping plan.
(I) If the antenna is mounted on an existing structure, and other equipment is housed inside of an existing structure, landscaping shall not be required.
(J) The proposed cellular or wireless communications tower shall be designed and constructed to accommodate anticipated advances in telecommunications technology and any anticipated future uses.
(K) The applicant shall demonstrate that the tower has been maximized in design, engineering, and construction to reasonably accommodate other cellular or wireless communications operators or companies, including collocation capabilities. The purpose of this section is to minimize the number of towers in the Village of Lincoln Heights while maximizing the number of uses and capabilities for any permitted towers and to provide for advances in public emergency response. Nothing in this section shall forbid the applicant from requesting adequate and reasonable compensation from any third party user of the tower.
(L) The applicant shall demonstrate that it is currently licensed by the Federal Communications Commission (FCC) to operate as a telecommunications service provider.
(M) The applicant shall demonstrate that the tower will be painted in a color scheme which minimizes visual impact while also meeting any applicable Federal Aviation Administration (FAA) regulations. No cellular or wireless communications towers may be artificially lighted except when required by the FAA.
(N) No cellular or wireless communications antenna, tower, or site shall contain any signage or advertisement containing a commercial or public message, solicitation, or other communication.
(O) The applicant shall provide a plan for all proposed cellular or wireless communications towers, and sites at a scale of 1 inch to 20 feet, indicating as a minimum the following:
(1) The total area of the site or tower;
(2) The existing zoning of the property in question and of all adjacent properties;
(3) All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned;
(4) Existing topography with a maximum of five foot contour intervals;
(5) The proposed finished grade of the development shown by contours not exceeding five foot intervals;
(6) The location of all existing buildings and structures and the proposed location of the cellular or wireless communications tower and all cellular or wireless communications support structures including dimensions, heights, and where applicable, the gross floor area of the buildings;
(7) The locations and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, grades, surfacing materials, drainage plans and illumination of the facility;
(8) All existing and proposed sidewalks and open areas on the site;
(9) The location of all proposed fences, screening and walls;
(10) The location of all existing and proposed streets;
(11) All existing and proposed utilities including types and grades;
(12) The schedule of any phasing of the plan;
(13) A written statement by the applicant as to the visual and aesthetic impact of the proposed cellular communications tower on adjacent properties;
(14) Any other information as may be required by Village Council to determine conformance with the Village of Lincoln Heights Planning and Zoning Codes; and
(15) The type and number of proposed shrubbery, trees, plants, or ground cover; the particular location of each proposed shrubbery, tree, plant or ground cover; the estimated dimensions, including height and width of any shrubbery, trees, plants, or ground cover at the time of planting; the estimated dimensions, including height and width of any shrubbery, trees, plants, or ground cover at the time of their maturity; and the estimated number of years until full maturity for each type of proposed shrubbery, tree, plant, or ground cover.
(P) The applicant shall demonstrate proof of full compliance with the notice requirements set forth in § 154.07(B)(2).
(Ord. 97-O-47, passed 11-10-1997)