FENCES AND WALLS

Careful preservation of existing trees is important to protecting one of the unique characteristics of the village. The Planning Commission is interested in the preservation of slow growing “specimen trees”, such as oak, and the large pine trees, especially those over six inches in diameter as measured five feet from ground level. The Commission is able to consider minor setback variances if a proposed addition or modification cannot be redesigned or repositioned to save a “specimen tree” (see § 151.024(F)).

(2000 Code, § 151.091) (Ord. O-4-96, passed 3-25-1996)

§ 151.093 UTILITIES.

(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;

(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)

§ 151.094 SYNTHETIC GRASS.

(A) Purpose. It is the purpose of this section to regulate the installation of synthetic grass in all zoning districts thus preserving the enjoyment of private property, while promoting orderly and environmentally responsible development. Synthetic grass shall be considered a permitted use in any zoning district, subject to the requirements of this and any other applicable section of this code.

(B) Definitions. “Synthetic (or artificial) grass or turf” means any synthetic fiber that resembles real grass, is ultra-violet light (UV) protected and treated, which is tufted on a porous backing. The surface is in-filled with media to increase stability, creating a weighted surface. The product is installed on a porous surface that is designed, compacted, and graded for positive water drainage.

(1) No person shall install synthetic grass in any zoning district in the village without compliance with the provisions of this section and applicable related requirements of the entire ordinances.

(2) Synthetic grass installations constructed prior to the effective date of this section shall not be required to meet the requirements of this code; unless any physical condition or modification renders such system un-repairable or unuseable. If any pre-existing synthetic grass is destroyed or damaged to the such extent that it cannot be returned to original service, or any such damage or modification creates an unsafe condition it shall be replaced or removed in conformity with this section.

(3) Synthetic grass is prohibited in any historical districts or on any landmark structures as defined in § 151.075.

(4) Synthetic grass is not allowed in any front yard.

(5) Synthetic grass is allowed in side and rear yards with the following provisions:

(a) Not abutting a public street, right-of-way, or park area.

(b) Synthetic grass is not allowed in a drainage swale or culvert.

(d) Synthetic grass must have an approved edge border (bender board, paver, concrete mow strip, etc. with minimum thickness of three-eights inch) defining the perimeter boundary between natural area as well as along property edges. The synthetic grass must not extend beyond your property line. A 12-inch clearance from property lines is recommended.

(e) Existing sprinklers systems running underneath or spraying onto synthetic grassed areas need to be decommissioned.

(D) Contents of application. An application for synthetic grass to be approved in compliance with the standards and criteria of this section and shall include:

(1) A landscape plan or design illustrating the location of planned synthetic grassed areas and abutting natural areas. All landscaping feature including trees and shrubs must be located. A plan for drainage of the synthetic grassed areas must also be included. A typical cross section details on the compacted base design must be provided.

(2) Complete specifications on all materials to be used for the synthetic grass installation, not limited to the turf, infill material, joining material (adhesive, tape), border, and compacted base must be provided.

(3) Qualifications or certifications of the contractor or installer.

(E) Design and performance standards.

(1) The compacted base underneath the synthetic grass needs to be designed in a manner to allow water to naturally permeate into the sub-surface and not to pool or noticeably run-off into a public storm sewer or right-of-way. Additional drainage scope may be required to properly discharge the water from the synthetic grassed areas into or directed to a storm sewer.

(2) The color of the synthetic grass needs to simulate the appearance of natural grass in the surrounding area during summer months. No permanent paintings or markings of the synthetic grass is allowed.

(3) Seams must not be easily visible and grain must be consistent between synthetic grass areas. Seams can be taped or glued, but not sewn.

(4) Synthetic grass must be affixed to a permeable backing with punched holes to allow for proper drainage of rain water.

(5) Synthetic grass must have a minimum face weight of 60 ounces per square yard.

(6) Synthetic grass must come with a minimum 12 year no-fade guarantee, contain no lead, and of polyethylene, polypropylene, or nylon composition. Any alternate synthetic grass will require approval from the Building Department prior to installation or be subject to removal.

(7) Synthetic grass height must be between 1.75 and 2.25-inches tall. Putting greens are considered a sports-field and subject to different zoning requirements.

(8) In-fill medium must be a clean coated sand product (non-organic) brushed into the fibers to keep them upright and provide ballast to avoid movement. Any deviations of in-fill materials must be approved by the Building Department prior to use or be subject to removal.

(F) Fees. A fee for synthetic grass permits shall be $120. Permit costs for patios, decks, or other accessory structures that may be on the landscape plan or design will be permitted separately.

(G) Required maintenance.

(1) Synthetic grass must be properly maintained. Failure to do so can result in a notice of violation for improper maintenance. Some of the most common maintenance items include:

(a) Weeds. No weeds or organic matter can be visible thru sections of synthetic grass or along the seams or edges. Proper installation of a compacted based and correct infill materials will reduce the likelihood of unwanted weeds.

(b) Pooling. Water cannot puddle or pool on the surface. Proper installation and grading of the compacted based and possible auxiliary surface drains will reduce the likelihood of pooling.

(c) Public utility access. Synthetic grass can only be installed on your property and not in the public right-of-way or utility easements. Any damaged caused by public utilities repairing or maintaining service to your house is the homeowner's responsibility.

(d) Animal feces and urine. Clean-up from pets must be done in a timely manner. Odors emanating from urine or feces must be controlled and the occasional sanitizing or cleansing of the synthetic grass may be required.

(2) Product has reached its lifespan. Due to wear and tear, UV ray exposure, and general weathering, the product may require partial or complete replacement. Factors for evaluating the lifespan include the condition of the individual blades, seam quality, and color of the synthetic grass. If the product has reached the end of its guaranteed lifespan as noted in the manufacturer's literature, or if maintenance issues are not corrected in a timely manner, the Building Department can deem the product beyond its lifespan and require the synthetic grass to be replaced or that the original yard must be restored to pre-synthetic grass conditions.

(Ord. O-18-22, passed 7-11-2022)

FENCES AND WALLS

§ 151.100 DEFINITIONS.

For the purpose of this subchapter, all definitions specified in § 151.005 shall apply unless the context clearly indicates or requires a different meaning.

ALLEY. See § 151.005.

ALONG THE LOT LINE. See § 151.005.

FENCE. See § 151.005.

PUBLIC RIGHT-OF-WAY. See § 151.005.

WALL. See § 151.005.

(2000 Code, § 151.100) (Ord. O-4-96, passed 3-25-1996; Ord. O-14-22, passed 5-23-2022)

§ 151.101 FENCE OR WALL IN FRONT YARD.

(A) It shall be unlawful to construct or erect a fence or a wall more than four feet in height in a front yard, and that fence or wall shall be not less than 50% open construction.

(B) It shall be unlawful to construct or erect so- called chain link or wire farm fences in a front yard.

(2000 Code, § 151.101) (Ord. O-4-96, passed 3-25-1996; Ord. O-12-06, passed 12-26-2006; Ord. O-14-22, passed 5-23-2022) Penalty, see § 151.999

§ 151.102 FENCE OR WALL ON CORNER LOT.

"Required" side yards of corner lots as set forth in § 151.085(B)(1)(b)3. have specific fence requirements as follows.

(A) Fences or walls on corner lots shall be no more than four feet in height, at least 50% open construction, parallel to any lot line bounded by a public right-of-way, with the following exceptions:

(1) Within a space of 25 feet from the intersection of the lot lines at a public right-of-way intersection, that structure shall not exceed three feet in height, and shall be of 50% open construction; and

(2) A fence or wall not exceeding six feet in height may be erected in a side-rear yard of a corner lot and parallel to a public right-of-way providing that structure is set back from the lot line bounding the public right-of-way the "required" side yard setback for a corner lot as set forth in § 151.085(B)(1)(b)5.

(B) Along any rear lot line of a corner lot bounded by a front yard, as specified in § 151.085(B)(1)(b), a fence or wall shall be no more than four feet in height, and at least 50% open construction in the abutting front yard but can be up to six feet tall and of privacy style for the portion of the rear lot line that abuts the side and rear yard.

(C) It shall be unlawful to construct or erect a so- called chain link or wire fence (except as lining for permitted fence) on a corner lot in a rear or side yard bounded by a public right-of-way.

(2000 Code, § 151.102) (Ord. O-4-96, passed 3-25-1996; Ord. O-14-22, passed 5-23-2022) Penalty, see § 151.999

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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