(A) All utility services, including utility distribution systems, shall be as defined and regulated as in § 52.01. Utility meters are permitted to be installed on the outside of all structures and are expressly limited to the side or rear facade of buildings. No meters may be installed on the facade of any building facing the public right-of-way.
(B) Cable, digital, and other television or information services shall be as defined and regulated as in § 52.02.
(C) Cellular or wireless communications towers and facilities for the provision of personal wireless services shall comply with the following regulations.
(1) Purpose. It is the purpose of this division (C) to:
(a) Accommodate the need for cellular or wireless communications towers and facilities for the provision of personal wireless services while regulating their location and number in the village;
(b) Minimize adverse visual effects of communications towers and support structures through proper siting, design, and screening;
(c) Avoid potential damage to adjacent properties from communications towers and support failures;
(d) Encourage the joint use of any new and existing communications towers and support structures to reduce the number of such structures needed in the future; and
(e) Recognize and preserve the historical significance of the village, and protect the public health, safety, and welfare.
(2) Definitions.
CELLULAR COMMUNICATIONS SERVICES. Personal communications accessed by means of cellular equipment and services.
CELLULAR OR WIRELESS COMMUNICATIONS ANTENNA. Any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services, and ground-wired communications systems, including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas such as whips and other equipment utilized to serve personal communication services.
CELLULAR OR WIRELESS COMMUNICATIONS SITE. A tract, lot, or parcel of land that contains the cellular or wireless communications tower, antenna, support structure(s), parking, and any other uses associated with and ancillary to cellular or wire less communications transmission.
CELLULAR OR WIRELESS COMMUNICATIONS SUPPORT STRUCTURE. Any building or structure, including equipment shelter, guy wire anchors, accessory to but necessary for the proper functioning of the cellular or wireless communications antenna or tower.
CELLULAR OR WIRELESS COMMUNICATIONS TOWER. Any freestanding structure used to support a cellular or wireless communications antenna.
CELLULAR OR WIRELESS COMMUNICATIONS TOWER, HEIGHT OF. The height from the base of the structure, at grade to its top; including any antenna located thereon. Grade shall be determined as the elevation of the natural or existing topography of the ground level prior to construction of the tower.
MICRO ANTENNAS. Any cellular or wireless communication antennas which consists solely of the antenna and which do not have any supporting structures other than brackets, including micro cells. Micro antennas shall be equal to or less than five feet in height and with an area of not more than 580 square inches.
PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular services.
(3) Application and permit.
(a) No cellular or wireless communications tower shall be constructed, replaced, or altered without first obtaining the applicable building permit.
(b) 1. Prior to obtaining a permit as set forth in division (C)(3)(a) above, any company or individual wishing to place a cellular or wireless communications antenna or tower within the village must attend an application conference with the Mayor or his or her assignees.
2. At this conference, the applicant must submit:
a. A preliminary site plan depicting the proposed site to scale; and
b. A rendering of the proposed tower in relation to the existing site.
(c) Upon approval to proceed from the Mayor or the Mayor’s designee, a building permit application must be submitted to the Building Commissioner with the information following in this division (C). The Building Commissioner shall refer the application to the Planning Commission which shall have 30 days to review the application with respect to the criteria stated in division (C)((5) below. The Planning Commission may approve, disapprove, or approve with conditions an application. Fees for building permits shall be per fee schedule of the Building Department.
1. Site plan. A full site plan shall be required for all proposed cellular or wireless communications sites, except antenna to be placed on existing structures, at a reasonable scale, but not smaller than one inch to 50 feet (1 inch: 50 feet), indicating, at a minimum, the following:
a. The total area of the site;
b. The existing zoning of the property in question and of all adjacent properties;
c. 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;
d. Existing topography with a maximum of five-foot contours intervals;
e. The proposed finished grade of the development shown by contours not exceeding five-foot intervals;
f. The location of all existing buildings and structures and the proposed locations of the cellular or wireless communications tower and all cellular or wireless communications support structures including dimensions, heights, and the gross floor area of buildings as part of the tower project;
g. 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;
h. All existing and proposed sidewalks and open areas on the site;
i. The location of all existing and proposed streets;
j. All existing and proposed utilities including types and grades;
k. The schedule of phasing of the project;
l. Documentation which shows all buildings and structures on adjacent lots and any additional lot which has a lot line within 100 feet of the lot on which the cellular tower is proposed to be located, the approximate elevation of the highest point of each building or structure shall be noted. The 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; and
m. Any other information as may be required to determine the conformance with this chapter.
2. Structural design. All towers and antenna and their foundations shall be designed by a state licensed structural engineer. Working drawings shall be submitted in triplicate to the Building Department of the village and each sheet shall carry the seal of the licensed professional engineer and his or her signature thereon. A building permit will be issued if proposed work complies with Ord. O- -97 of the village, § 3109.0 of the State Basic Building Code, 1997 Edition, and this section.
3. Tower and support structure shall be inspected as erected by an state licensed structural engineer who specializes in tower inspections. All members, connections, and materials shall be inspected as work progresses and a completion of the project a certified inspection report and approval of tower structure and support structure must be submitted to the Building Department. Fees for such special inspection shall be paid for by the owner.
4. For cellular or wireless communications antenna to be placed on an existing structure, the applicant shall submit such information as required by the Building Commissioner to ensure compliance with the applicable provision of this section.
(4) Use regulations. The following use regulations shall apply to cellular wireless communication antennas and towers:
(a) A cellular or wireless communications site may be permitted in industrial zoning district only, and subject to the requirements set forth herein.
(b) Cellular or wireless communications sites in an industrial zoning district shall not be located any closer to any residential zoning district than as follows.
1. Cellular or wireless communications towers less than 100 feet in height shall be located no closer than 100 feet to any residential zoning district.
2. For any cellular or wireless communication tower exceeding 100 feet in height, the tower may not be located closer to any residential zoning district than a distance equal to height of tower, plus 40 feet.
(c) A cellular or wireless communications antenna may be mounted to an existing structure, such as a communications tower (whether such tower is for cellular or wireless purposes or not), smoke stack, water tower, or other tall structures in any industrial zoning district if a permit has been granted. Cellular or wireless communication antenna may only be placed on the top of buildings that are no less than 35 feet in height.
(d) Micro antennas not exceeding five feet in height may be placed on any buildings in the Industrial A Zoning District. A micro antenna may be attached to any existing building located in Industrial A District and shall not be subject to the setback requirements of other cellular or wireless communication towers provided it is placed on the roof of an existing building.
(e) All other uses accessory to the cellular or wireless communications antenna and towers, including, but not limited to, business offices, maintenance depots, and materials and vehicle storage, are prohibited from the site unless otherwise permitted in the zoning district in which the cellular or wireless communications antenna and/or tower is located.
(f) No cellular or wireless communications tower shall be permitted on any lot on which any nonconforming building or structure is located nor on which any nonconforming use or activity is occurring without first obtaining a variance from the Village Planning Commission.
(5) Standards for review. The design requirements for cellular or wireless communications antennas and towers: the following standards shall apply to all cellular or wireless communications antennas and towers:
(a) Placement and co-location.
1. The cellular or wireless communications company shall demonstrate, using the latest technological evidence, why the antenna or tower must be placed in a proposed location in order to serve its necessary function in the company’s grid system. Part of this demonstration shall include a drawing showing the boundaries of the area around the proposed location which would probably also permit the antenna to function properly in the company’s grid system. This area shall be considered the allowable zone.
2. If the communications company proposes to build a cellular or wireless communications tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it has contacted the owners of nearby “tall structures” within the allowable zone, asked for permission to install the cellular communications antenna on those structures, and was denied for either non-economic reasons or that a clearly unreasonably economic demand was not made by the owner, based on prevailing market values. “Tall structures” shall include, but not be limited to, smoke stacks, water towers, buildings over 35 feet in height, antenna support structures, or other structures or other cellular or wireless communication companies, other communication towers.
3. In order to limit and reduce the number of antenna support structures needed in the village in the future, the owner of an existing cellular or wireless communications tower shall not unreasonably deny a request to accommodate other uses, including other cellular or wireless communications companies, and the antenna of local police, fire, ambulance departments, the owner of the existing cellular or wireless communications tower may request reasonable compensation for the use of the tower.
4. For the purpose of encouraging co-location of cellular or wireless antenna and other uses, cellular or wireless communication towers shall be designed, engineered, and constructed as follows, unless waived for good cause to minimize impact on adjoining property by the Mayor:
a. Towers less than 75 feet tall shall be designed, engineered, and constructed to support antennas installed by one or more cellular or wireless communications servers;
b. Towers more than 75 feet in height but less than 150 feet shall be designed, engineered and constructed to support antennas installed by two or more wireless communication service users; and
c. Towers 150 feet in height or taller shall be designed, engineered, and constructed to support antennas installed by three or more cellular or wireless communications service users.
5. In addition, an applicant must demonstrate that the area acquired by lease or otherwise acquired for the use and construction of the cellular tower and accessory structures is sufficient in size and structural strength to accommodate such tower and any additional structures that may be required if additional users are added to the tower.
6. As used in (C)(5)(a)5. above, the term
USERS shall include the antennas of Police, Fire, and Ambulance Departments.
7. The village may deny the application to construct a new cellular or wireless communications tower if the applicant has not made a good faith effort to mount the antenna on existing structures.
(b) Antenna tower height. The applicant shall demonstrate that the antenna/tower is no higher than necessary to function satisfactorily and to accommodate the co-location requirements as set out in (C)(5)(a) above. No antenna that is taller than the necessary height shall be approved. Cellular or wireless communications towers shall be exempt from the maximum height requirements contained in § 151.085. Cellular towers shall be monopole construction unless it is demonstrated that another type of tower is required for safety purposes.
(c) Setbacks from the base of the tower. If a new cellular or wireless tower is to be constructed in an industrial zoning district, the minimum distance between the base of the tower or any guy wire anchors and any property line which abuts a zoning district other than a residential district shall be no lower than the greater of the following:
1. Forty percent of the tower height;
2. Fifty feet; and
3. In no case shall the base of the tower be located less than the height of the tower above grade plus 40 feet from any adjacent structures.
(d) Cellular or wireless communications tower safety. All cellular or wireless communications towers shall be fitted with anti-climbing devices as approved by manufacturers. Furthermore, the applicant shall demonstrate that the proposed cellular or wireless communications tower and its antenna are safe and that the surrounding properties will not be negatively affected by tower failure, falling ice, nor 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 cellular or 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 cellular or wireless communications tower is inherently dangerous or is a demonstrable health hazard, the cellular or wireless communications tower shall be declared to be a nuisance and all operation shall cease. The tower or antenna shall also be removed as
provided under division (C)(7) below; however, no order of removal shall be made if it is inconsistent with existing FCC Regulations.
(e) Fencing. A fence shall be required around the cellular or wireless communications tower and its support structure(s) unless the antenna is mounted on an existing structure. The fence shall be eight feet in height and shall be erected to prevent access to non- authorized personnel.
(f) Landscaping. Landscaping, in compliance with a plan approved by the Planning Commission, shall be provided to screen as much of the support structure and ground level features as is possible, and such landscaping shall be maintained. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(g) Licensing. The communications company must demonstrate to the village that it is licensed by the Federal Communication Commission (FCC). The owner of the tower must also annually provide to the village on January 1 of each year a list of all users of the tower and each user shall provide the village with a copy of each users license with the FCC. No approval will be granted to any applicant unless proof of current FCC license for the proposed use of the tower is provided.
(h) Required parking. If the cellular or wireless communication site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, the number of 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 this chapter.
(i) Appearance. Cellular or wireless communications towers under 200 feet in height shall be painted silver or have a galvanized finish retained in order to reduce visual impact. Cellular or wireless communications towers shall meet all Federal Aviation Administration (FAA) regulations. No cellular or
wireless communications towers may be artificially lighted except when required by FAA. Furthermore, no cellular or wireless communication tower or antenna and accessory buildings and structures shall contain any signage. All utility lines serving the towers shall be underground.
(6) Maintenance. An owner of property used as a cellular or wireless communications site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds, and other debris. Any owner of a cellular or wireless communications tower shall be required to notify the Mayor of intent in writing within 30 days of its cessation of business, its discontinuance of service or transfer of ownership.
(7) Abandonment of tower.
(a) 1. All providers utilizing towers shall present a report to the Zoning Enforcement Officer, or his or her designee, notifying them of any tower facility located in the village whose use will be discontinued and the date this use will cease.
2. If at any time the use of the facility is discontinued for 120 days, the Building Commissioner may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.)
DISCONTINUED shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, is unused, or has ceased the daily activities or operations which have occurred.
3. The facility’s owner/operator will receive written notice from the Building Commissioner and be instructed to either reactivate the facility’s use within 120 days, or dismantle and remove the facility.
4. If reactivation or dismantling does not occur, the municipality will remove or will contract to have removed the facility and assess owner/ operator the costs.
(b) The village must provide the tower owner three months’ notice and an opportunity to be heard by the Planning Commission before initiating
such action. After such notice has been provided, the village shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the then fair market value, or in the alternative, order the demolition of the tower and all appurtenances and removal from the property.
(c) The village shall provide the tower owner with the right to a public hearing before the Planning Commission, which public hearing shall follow the three-month notice required in division (C)(7)(a) above. All interested parties shall be allowed an opportunity to be heard at the public hearing.
(d) After a public hearing is held, the Planning Commission may order the acquisition or demolition of the tower. The village will require tower applicant to pay for all expenses necessary to acquire or demolish the tower.
(Prior Code 2000, § 151.092) (Ord. O-4-96, passed 3-25-1996; Ord. O-23-97, passed 7-14-1997; Ord. O- -97, passed 12- -1997; Ord. O-13-98, passed 1-12-1998; Ord. O-12-06, passed 12-26-2006)