(a) It is the purpose of this Chapter of the Zoning Code to regulate wireless telecommunications antennas, towers, and facilities in order to promote public health, safety, and morals in accordance with the Village's Comprehensive Plan. These regulations and conditions are warranted and necessary to:
(1) Protect residential districts and land uses from the potential adverse impacts of wireless telecommunications towers, antennas and facilities;
(2) Accommodate wireless telecommunication towers and facilities as authorized by the Federal Telecommunications Act of 1996 (Public Law 104-104) (as amended) in order to enhance telecommunications services and competition among wireless telecommunications services;
(3 Promote collocation as an alternative to siting new wireless telecommunications towers and appurtenances, and to maximize the use of existing and approved towers and buildings to collocate new wireless telecommunications antennas;
(4) Protect adjacent lots from potential damage from wireless telecommunications tower failures through proper engineering and careful siting of such structures; and
(5) Encourage monopole wireless tower construction where feasible.
(b) The requirements of this Chapter shall be interpreted so that they do not unreasonably discriminate among providers of functionally equivalent services and so that they do not prohibit or have the effect of prohibiting the provision of personal wireless services.
(c) It is the intent of this Chapter that any requests for authorization to place, construct, or modify personal wireless service facilities will be acted upon within a reasonable period of time after the request has been duly filed.
(d) Any decision to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in the written record.
(e) This Chapter does not regulate and is not intended to regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions, provided that such facilities comply with the rules and regulations of the Federal Communications Commission and other branches of the federal government concerning such emissions.
(Ord. 01-127. Passed 9-20-01.)