§ 120.15 ADMINISTRATIVELY APPROVED USES.

   The following provisions shall govern the issuance of administrative approvals for towers and antennas. The Director of Community Development may administratively approve the uses listed in this section.

   (A)   Each applicant for administrative approval shall apply to the Director of Community Development providing the information set forth in § 120.13 and a nonrefundable application fee and deposit as established by § 120.13(A) to reimburse the Village for the costs of reviewing the application.

   (B)   The Director of Community Development shall review the application for administrative approval and determine if the proposed use complies with §§ 120.04, 120.18 and 120.19.

   (C)   The Director of Community Development shall respond to each such application within 45 days after receiving it by either approving or denying the application. If the Director of Community Development fails to respond to the applicant within said 45 days, then the application shall be deemed to be approved.

   (D)   In connection with any such administrative approval, the Director of Community Development may, in order to encourage co-location, administratively waive any zoning district setback requirements in § 120.18 or separation distances between towers in § 120.19 by up to 50%.

   (E)   If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to § 120.16 prior to filing any appeal that may be available under the Zoning Ordinance.

   (F)   Administratively approved uses. The following uses may be approved by the Director of Community Development after conducting an administrative review:

      (1)   Preferred location sites as described in § 120.05(D).

      (2)   Any antenna which is not attached to a tower may be approved by the Director of Community Development as an accessory use within a preferred location site provided:

         (a)   The antenna does not extend more than 20 feet above the roofline of the structure;

         (b)   The antenna complies with all applicable FCC and FAA regulations;

         (c)   The antenna complies with all applicable building codes; and

         (d)   The Village may, at its option, request that a licensed, professional engineer, at the applicant's cost certify the building or structure upon which the tower or antenna is erected structurally sound.

      (3)   Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Director of Community Development and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than 1 carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with § 120.01.

      (4)   Height.

         (a)   An existing tower may be modified or rebuilt to 120 feet, or 30 feet taller than its existing height, whichever is greater, to accommodate the co-location of an additional antenna.

         (b)   The additional height referred to in division (F)(4)(a) above shall not require an additional distance separation as set forth in § 120.19. The tower's pre-modification height shall be used to calculate such distance separations.

      (5)   Onsite location.

         (a)   A tower that is being rebuilt to accommodate the co-location of an additional antenna may be moved onsite within 50 feet of its existing location.

         (b)   After the tower is rebuilt to accommodate co-location, only 1 tower may remain on the site.

         (c)   A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to § 120.19. The relocation of a tower hereunder shall in no way be deemed to cause a violation of § 120.19.

         (d)   The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in § 120.19 shall only be permitted when approved by the Director of Community Development.

      (6)   Antennas in limited preference site. Locating new antennas which are not attached to a tower may be approved by the Director of Community Development as an accessory use provided:

         (a)   The antennas do not extend more than 20 feet above the roofline of the structure;

         (b)   The antenna complies with all applicable FCC and FAA regulations;

         (c)   The antenna complies with all applicable local and state building codes; and

         (d)   The Village may, at its option, request that the building or structure upon which the tower or antenna is erected be certified structurally sound by a licensed, professional engineer, at the applicant's cost.

      (7)   Alternative tower structure. Locating any alternative tower structure in a preferred or limited preference site that in the judgment of the Director of Community Development is in conformity with the goals set forth in § 120.01.

      (8)   Cable microcell network. Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(Ord. CO-2010-006, passed 4-15-2010)