§ 154.140 RESIDENTIAL DISTRICTS.
   Conditional use. Wireless telecommunications facilities including towers are not permitted in residential districts or districts east of the railroad tracks with the exception of placement on any property with a nonresidential use (e.g., church, park, library, municipal/government, hospital, school, utility) located in those districts. However, antennas attached to existing buildings or structures may be allowed as a conditional use. In applying for a permit in any district, the applicant must present sufficient evidence as to why it is not technically feasible to locate in a more appropriate nonresidential zone west of the railroad tracks. Once those efforts have been exhausted, a person may make application for a conditional use permit for a wireless telecommunications facility in a residential district subject to the following conditions:
   (A)   Automated. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance. This shall apply to (B), (C), (D), and (E) below.
   (B)   Antenna - combined with a nonresidential use. An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district; including but not limited to, a church, a municipal or governmental building or facility, and a building or structure owned by a utility. The following conditions shall be met:
      (1)   Maximum height. 15 feet above the existing building or structure;
      (2)   If the applicant proposes to locate the telecommunications equipment in a separate equipment shelter, the equipment shelter shall comply with the following:
         (a)   The equipment shelter shall comply with the minimum setback of 30 feet;
         (b)   The maximum size of the equipment shelter shall not exceed 400 square feet, or, if there is more than one, 800 square feet;
         (c)   A buffer yard shall be planted that has been prepared in accordance with § 154.141(A)(3) and approved by the Village Building Official;
         (d)   Vehicular access to the equipment shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
   (C)   Tower - located on a nonresidential-use property. A tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use within the district, including but not limited to a church, hospital, school, municipal or government building facility or structure and a utility use, subject to the following conditions:
      (1)   The tower shall be set back from any property line abutting a single-family or two-family residential lot by 200 feet;
      (2)   The maximum size of the equipment shelter shall not exceed 400 square feet, or, if there is more than one, 800 square feet;
      (3)   Vehicular access to the tower and equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use;
      (4)   In order to locate a telecommunications facility on a property that is vacant the tract shall be at least 1.5 acres, or as otherwise determined by the Village Council.
   (D)   Antenna - located on a residential building. An antenna for a wireless telecommunications facility may be attached to a mid-rise or high-rise apartment building subject to the following conditions:
      (1)   Maximum height - 15 feet above the existing building;
      (2)   If the applicant proposes to locate the telecommunications equipment in a separate equipment shelter (not located in, or attached to the building), the equipment shelter shall comply with the following:
      (3)   The shelter shall comply with the setback of 30 feet;
      (4)   The maximum size of the equipment shelter shall not exceed 400 square feet, or, if there is more than one, 800 square feet;
      (5)   A buffer yard shall be planted in accordance with § 154.141(A)(3) as approved by the Village Building Official;
      (6)   Vehicular access to the equipment shelter shall, if at all possible, use the existing circulation system.
   (E)   Tower - located in open space. A wireless telecommunications facility is permitted on land that has been established as a permanent open space, or park subject to the following conditions:
      (1)   The open space shall be owned by the Village, county or state government, a homeowners association, charitable organization, or a private non-profit conservation organization;
      (2)   The maximum size of the equipment shelter shall not exceed 400 square feet, or, if there is more than one, 800 square feet;
      (3)   The tower shall be set back from any single-family or two family property line 200 feet.
(Ord. 0-1711-99, passed 9-20-99)