(a) Antenna/tower height. The applicant shall demonstrate that the planned height of a wireless communications tower is no higher than necessary to function satisfactorily and to accommodate the co-location requirements as set out in Subsection 1268.05. No tower that is taller than the necessary height shall be approved, and the height of any tower to be greater than 200 feet must first be approved by the Planning Commission. Towers shall be monopole construction unless it is demonstrated upon application that another type of tower is required for safety purposes and it has been approved by the Planning Commission.
(b) Setbacks from the base of the tower. If a new wireless communications tower is to be constructed in an industrial zoning district, the minimum distance between the base of the tower, or if so supported, between any guy wire anchors supporting the tower, and any property line which abuts a zoning district other than a residential district shall be no closer to that district than the greater of 50 percent of the tower height or 50 feet.
(c) Wireless communications tower safety. All wireless communications towers shall be fitted with anti-climbing devices as approved by the manufacturers. Furthermore, the applicant shall demonstrate that the proposed wireless communications tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice or other debris, electromagnetic fields or radio frequency interference. However, if a specific safety issue in question is determined to be regulated by either FCC Regulations or applicable Building Code regulations, and the operation or construction is in compliance with such regulations, then this requirement for safety shall be deemed to have been met. Subsequent to the installation of a wireless communications tower site, if it is determined by the Village Council, upon presentation of proper and sufficient documentation, and after a public hearing, that the operation of a wireless communications tower is inherently dangerous or is a demonstrable health hazard, the wireless communication tower shall be declared to be a nuisance and all operation shall cease. The tower or antenna shall also be removed as provided under § 1268.15 of this chapter. However, no order of removal shall be made if it is inconsistent with any provisions herein or with any existing FCC Regulations.
(d) Fencing. A fence or wall shall be required around the wireless communications tower and its support structure(s), 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.
(e) Landscaping. Landscaping in compliance with a plan approved by the Village Administrator or his assignee, shall be provided to screen as much of the support structure and ground level features as is possible. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(f) Limiting the number of wireless communications towers. In order to reduce the number of antenna support structures needed in the village, the owner of an existing wireless communications tower shall not unreasonably deny a request to accommodate other users, including other wireless communications companies, and the antenna of local or joint police, fire, and ambulance department. Nothing contained herein is intended to prevent the owner of the existing wireless communications tower from receiving reasonable compensation for the use of its tower by commercial users. Unless waived for good cause by the Planning Commission to minimize impact on adjoining property, for the purposes of encouraging co-location of wireless antenna and other users, wireless communication towers shall be designed, engineered, and constructed as follows:
(1) Towers less than 75 feet tall shall be designed, engineered and constructed to support antennas installed by at least two wireless communication service users;
(2) Towers more than 75 feet in height, but less than 150 feet shall be designed, engineered and constructed to support antennas installed by at least three wireless communication service users; and
(3) Towers 150 feet in height or taller shall be designed, engineered and constructed to support antennas installed by at least four wireless communication service users.
(4) As used in divisions (1), (2) and (3) above, the term "users" shall include the antennas of police, fire and ambulance departments. In addition, an applicant must demonstrate that the area acquired by lease or otherwise acquired for the use and construction of the tower and accessory structures is sufficient in size to accommodate any additional structures that may be required if additional users are added to the tower.
(g) Licensing. The communications company must demonstrate to the village that it is licensed by the Federal Communications Commission (FCC). The owner of the tower must also annually provide to the village no later than January 31 of each year, and at such time as a new user is added, a list of all users of the tower and each user shall provide the village with a copy of that user's license with the FCC. No approval will be granted to any applicant or user unless proof of a current FCC license for the proposed use of the tower is provided.
(h) Access. Access to the wireless communications site shall be paved with concrete or asphalt, and the perimeter of the access drive and parking lot shall be curbed.
(i) Required parking. If the wireless communications site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of required parking spaces shall equal the number of employees working on the largest shift. All parking specifications and requirements shall be consistent with the applicable parking requirements as established in the Village's Code of Ordinances.
(j) Appearance. Wireless communications towers under 200 feet in height shall be painted silver or have a galvanized finish retained, or be finished with a neutral color matching its background in order to reduce visual impact. The applicant shall demonstrate that the proposed wireless communication tower is the least aesthetically intrusive facility for the neighborhood and function. It is further recommended that all buildings and structures be architecturally compatible with the neighborhood and function. Wireless communications towers may not be artificially lighted except when required by the FAA. Furthermore, no wireless communication tower or antenna and accessory buildings and structures shall contain any signage except safety signage. All utility lines serving the towers shall be underground, unless there is a demonstrated safety hazard created by underground installation.
(k) Site plan and documentation required. A full site plan shall be required for all proposed wireless communications sites, except antenna to be placed on existing structures, at a reasonable scale, but not smaller than 1 inch to 20 feet (1" = 20'), indicating, as a minimum, the following:
(1) The total area of the site and the identity of the owners(s).
(2) The existing zoning of the property in question and existing zoning and ownership 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 contours 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 wireless communications tower and all 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 project.
(13) Documentation which shows all buildings and structures on adjacent lots and any additional lot which has a lot line within 500 feet of the lot on which the tower is proposed to be located, and the identity of the owner(s). The approximate elevation of the highest point of each building or structure shall be noted. Applicant may identify any additional features in the area (such as existing screening, fences and topography) which may be helpful in considering the impact of the proposed tower on nearby property.
(14) A report for all proposed wireless communication sites, except antenna to e placed on existing structures, to include: a description of the tower with technical reasons for its design; documentation establishing the structural integrity for the tower's proposed uses; the general capacity of the tower, and information necessary to assure that ANSI standards are met; a statement of intent on whether excess space on the tower will be leased; proof of ownership of the proposed site or authorization to utilize it; and a visual study depicting “where within the village limits any portion of the proposed tower could be seen.”
(15) Any other information as may be required to determine the conformance with this Code and any applicable provisions of the Building and Zoning Codes.
(l) Notwithstanding the foregoing division, for wireless communications antenna to be placed on an existing structure, with no new tower to be erected, the applicant need submit to the Village Administrator only such information as is required to insure compliance with the applicable provisions of this chapter and the Building and Zoning Codes, including but not limited to, FCC licensing, safety provisions as to the antenna and authorization to utilize the site.
(Ord. 2012-20, passed 4-17-2012)