A. Purpose and Interpretation; Procedure.
1. The purpose of this Section is to provide specific regulations for the placement, construction and modification of radio and/or television towers and/or other transmitting and receiving equipment, including personal wireless telecommunications facilities. The provisions of this Section are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this Section be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. To the extent that any provision or provisions of this Section are inconsistent or in conflict with any other provision of this Chapter, the provisions of this Section shall be deemed to control.
2. In the course of reviewing any request for any approval required under this Chapter made by an applicant to provide personal wireless service or to install radio and/or television towers and/or other transmitting and receiving equipment, including personal wireless telecommunications facilities, the Zoning, Planning and Appeals Commission shall act within a reasonable period of time after the request is duly filed with the Village Clerk, taking into account the nature and scope of the request. A recommendation to deny such a request shall be in writing and supported by substantial evidence contained in a written record.
3. Should the application of this Section have the effect of prohibiting a person or entity from providing personal wireless service or other telecommunications service to all or a portion of the Village, such provider may petition the President and Board of Trustees for an amendment to this Section, in the manner provided in Article X of this Chapter. The President and Board of Trustees, upon receipt of such a petition, shall promptly undertake review of the petition and shall make a determination on the petition within a reasonable period of time, taking into account the nature and scope of the petition. A decision to deny such a petition shall be in writing and supported by substantial evidence contained in a written record.
B. Radio and Television Towers and/or Other Transmitting and Receiving Equipment, Including Personal Wireless Telecommunications Facilities; Allowable Uses.
1. A radio and/or television tower and/or other transmitting and receiving equipment or a personal wireless telecommunication facility shall be considered an accessory use to any permitted use within the zoning district wherein such radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility is located whenever the radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility otherwise conforms to all minimum setback and yard requirements of such zoning district contained in this Chapter and also conforms to all applicable federal laws and regulations concerning its use and operation; and shall not require a height variation whenever:
a. The radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility is located in a wooded area and is camouflaged to appear to be a tree similar to other trees in such wooded area; or
b. The radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility is directly affixed to an existing building and the height of the radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility does not exceed 10 feet above the roof of an existing building whether or not the personal wireless telecommunications facility uses a roof-mounted antenna.
2. All other radio and/or television towers and/or other transmitting and receiving equipment, including personal wireless telecommunication facilities, shall be considered a special use, and shall require a height variation for that portion of the height of the radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility in excess of the maximum height requirements set forth in this Chapter for the zoning district wherein the radio and/or television towers and/or other transmitting and receiving equipment, including personal wireless telecommunications facility is sought to be exacted.
C. Action by the Zoning, Planning and Appeals Commission and the President and Board of Trustees.
1. In considering a request for approval of a special use or variations to permit the installation of radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facilities as described in this Section, the Zoning, Planning and Appeals Commission and the President and Board of Trustees shall, in addition to the Standards for special uses set forth in this Article, shall apply the criteria and other standards set forth in this Section and also give due consideration and weight to whether:
a. The plans submitted will provide for co-location of other radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication equipment on the same antenna support structure, so as to minimize the proliferation of antenna support structures; and
b. The applicant has sought and been denied the opportunity to co-locate its radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facilities on an existing antenna support structure; and whether the applicant has made adequate efforts but is unable to obtain a site for its facilities within the O/R Planned Office/Research District.
2. In considering a request for approval of a special use or variations to permit the installation of radio and/or television towers and/or other transmitting and receiving equipment or personal wireless telecommunication facilities as described in this Section, the Zoning, Planning and Appeals Commission and the President and Board of Trustees, may by express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of telecommunications services to co-locate additional personal wireless service facilities on a free-standing pole which is part of the applicant's proposed radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility, where such co-location is technologically feasible.
D. Criteria for Cell Sites and the Placement of Radio and/or Television Towers and/or Other Transmitting and Receiving Equipment, Including Personal Wireless Telecommunications Facilities.
1. Antenna Height. The applicant for such special use permit shall demonstrate that antenna height is the minimum required to provide satisfactory operation of the radio and/or television and/or other transmitting and receiving equipment or personal wireless telecommunication facilities. No antenna height that is higher than such minimum shall be approved.
2. Color. Antenna support structures and antennas shall have a finish color of non-contrasting black, blue, gray, or other color which minimizes the visibility of the antenna support structure.
3. Compatibility. Radio and/or television towers and/or other transmitting and receiving equipment, including personal wireless telecommunication facilities shall be compatible architecturally with adjacent buildings and land uses or otherwise integrated, through location and design, to blend in with existing characteristics of the site to the extent practical. Site location and erection of a radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility shall preserve the pre-existing character of the site as much as possible. Existing vegetation shall be preserved or improved, and disturbance of the existing topography of the site shall be minimized, unless such disturbance will result in less visual impact of the site upon the areas adjacent thereto.
4. Design. Antenna towers shall be constructed according to the then current standards of the Electronic Industries Association, the FAA, and the FCC.
5. Equipment Structures. All ground level equipment structures shall comply with the requirements of the Mettawa building Code, shall not have a floor area exceeding 300 square feet nor a height of twelve feet (12'), and shall be screened by non-deciduous plantings from the view of persons of at least six feet (6') in height who stand 100 feet from all adjacent lot lines.
6. Fencing. In order to thwart unauthorized access thereto and minimize any danger to persons, all antenna support structures and ground level equipment structures shall be fenced from adjacent areas by a six foot (6') high fence otherwise meeting the requirements of the Municipal Code of the Village of Mettawa of 2001.
7. Lights and Signage. Unless required by the FCC, all lights, signals, and/or signs of any kind are prohibited on any radio and/or television tower and/or other transmitting and receiving equipment and/or structure, including a personal wireless telecommunication facility.
8. Off-Street Parking. Paved off-street parking adequate to provide parking for at least two trucks shall be required to be installed upon the lot whereon any such special use permit is issued.
9. Setback. The radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility, including the required fencing, shall be setback from adjacent lot lines a distance which is at least equal the antenna height and in no event shall the setback be less than the required front yard, rear yard, or side yard, whichever is greater.
E. Prohibited Placement of Radio and/or Television Towers and/or Other Transmitting and Receiving Equipment, Including Personal Wireless Telecommunications Facilities.
1. No variation or special use permit shall be granted to permit any radio and/or television tower and/or other transmitting and receiving equipment or personal wireless telecommunication facility upon any lot in the R-1, Single-Family Residence district, which is improved with a structure designed for or containing a permitted use.
2. No public utility service use which satisfies the definition of personal wireless telecommunication facility shall be permitted in any zoning district in the Village unless it complies with all applicable federal laws and regulations concerning its use and operation.
F. Nonconformities. All radio and/or television towers and/or other transmitting and receiving equipment or personal wireless telecommunication facilities legally installed and operating prior to the enactment of this Section which would be prohibited hereunder shall be considered legal nonconforming uses and/or a legal nonconforming structures, as the case may be, and shall be subject to the rules for nonconforming buildings and uses set forth in Article III of this Chapter.
(Ord. 397, passed 5-12-99; Am. Ord. 688, passed 5-17-2011)