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)