§ 152.302  USES ALLOWED.
   (A)   Compliance.  All new telecommunications facilities shall comply with this subchapter upon the date of passage. All telecommunications facilities existing on the date of passage of this subchapter shall be allowed to continue their usage as they presently exist and in accordance with continuance of nonconformity regulations. New construction, other than routine maintenance, on existing telecommunications facilities shall comply with the requirements of this document, although the governing authority may waive or reduce the burden on the applicant of one or more of the requirements, if in the sole discretion of the governing authority, the goals of this subchapter are better served thereby.
   (B)   Authorization.  In all districts communication facilities shall be permitted only if specifically authorized with a special use permit by the President and Board of Trustees of the village, upon recommendations by the Zoning Board of Appeals. In granting a special use permit, the governing authority may impose zoning conditions to the extent the governing authority concludes such conditions are necessary to buffer or otherwise minimize any adverse effect of the proposed telecommunications facility on adjoining properties.
   (C)   Agreement.  No approval granted hereunder shall be effective until the applicant and the village have executed a written agreement setting forth the particular terms and provisions under which the approval to occupy and use public ways of the village will be granted. Such agreement shall provide for complete indemnification for the village and also provide for such liability insurance as the village may require.
   (D)   Nonexclusive grant.  No approval granted under this subchapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the village for delivery of telecommunications services or any other purposes.
   (E)   Rights granted. No approval granted under this subchapter shall convey any right, title or interest in the public ways, but shall be deemed approval only to use and occupy the public ways for the limited purpose and terms stated in the approval. Further, no approval shall construed as any warranty of title.
(Ord. 807, passed 10-2-02)