(A) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(B) Lot size. For purposes of determining whether the installation of a tower or antenna complies with the development regulations of the zoning district in which the facility is located, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. For the purpose of this chapter, the dimensions of an entire lot of record shall control the development regulations, even though the communication facility may be located on leased parcels within such lot.
(C) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Director of Community Development an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Village or within 1 mile of the Village borders, including specific information about the location, height, and design of each tower. The Director of Community Development may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the Village, provided, however that the Director of Community Development is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(D) Signs. No advertising design or media shall be placed upon an antenna, tower, equipment structure, building or site.
(E) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority.
(1) If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. It shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby properties, particularly residential properties.
(2) When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.
(3) In residential districts, any exterior lights shall be kept off except when personnel are actually present at night.
(F) State or federal requirements. All towers, support facilities and telecommunications services must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas, including the requirements regarding installation of emergency generators at each tower site (see § 120.11(J)), and shall not interfere with public safety and other Village and private telecommunications operations. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with revised standards and regulations within 6 months of the effective date, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(G) Building codes/safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Village concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice to the tower owner, the owner shall have 30 days to bring the tower into compliance with such standards. Failure to bring such tower into compliance within 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(H) Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Village irrespective of municipal and county jurisdictional boundaries.
(I) Not essential services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(J) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Village have been obtained and shall file a copy of all required franchises with the Director of Community Development.
(K) Public notice. For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 120.19(B) (Table 2, Separation Distances Between Towers), in addition to any notice otherwise required by the Zoning Ordinance.
(L) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 120.11 (Buildings and Other Equipment Storage).
(M) Multiple antenna/tower plan. The Village encourages tower and antenna users to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
(N) Height. The height limitation in all zoning districts for new tower construction is 100 feet, unless the height limitation is increased by the Village Board as part of a special use permit process. The maximum height of any tower, antenna or personal wireless service facility shall be certified by the applicant's engineer as part of the application. The Village Board may increase the maximum height restriction as part of the special use permit approval process if the goals of this chapter would be better served by the adjustment. Two primary (but not exhaustive) criteria for consideration of allowing an increase in the maximum tower height above 100 feet as part of a special use permit process are as follows: a study certified by a professional engineer demonstrates that the tower height needs to be increased in order to allow the personal wireless facilities and related service to serve their desired and intended purpose(s) and to properly function; and to allow sufficient capacity on the tower pole to place personal wireless facilities and related antennas owned or operated by the Village on the pole. The maximum height that a tower and its attached antennas may be increased to under a special use permit process is 150 feet. An applicant for a tower over 100 feet in height must reserve space on the tower above 100 feet and allow the Village, at its costs, to install, operate and maintain its antennas and related equipment for municipal purposes and public health, welfare and safety purposes during the time the tower is operational.
(Ord. CO-2010-006, passed 4-15-2010)