(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE TOWER STRUCTURE. Man-made structures such as clock towers, bell steeples, light poles and similar mounting structures.
ANTENNA. Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
BACKHAUL NETWORK. The lines that connect a provider's towers/cell sites to one or more cellular telephone switching off ices and/or long distance providers or the public switch telephone network.
COLLOCATION. The provision of multiple antennas or more than one commercial wireless communications service provider or government entity on a single tower or structure.
FAA. Federal Aviation Administration.
FCC. Federal Communications Commission.
HEIGHT. When referring to a tower or other structure, the distance measured from the grade to the highest point on the tower or other structure, including the base pad.
PERSONAL COMMUNICATIONS SERVICE (PSC). The provider of personal wireless service as defined in Sec. 704 of the Telecommunications Act of 1996, 47 U.S.C. par. 332 and as the same may be amended from time to time.
PERSONAL WIRELESS FACILITIES. Transmitters, antenna structures and other types of installations used to provide personal wireless services.
PRE-EXISTING TOWERS/ANTENNAS. Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this section.
TOWER. Any structure that is designed and constructed for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
(B) Standards and exceptions.
(1) Applicability.
(a) New towers and antennas. All towers or antennas constructed after passage of this section shall be subject to all applicable standards of this section.
(b) Pre-existing towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section other than the requirements of division (B)(2) below. Any such towers or antennas shall be referred to hereinafter as pre-existing towers or pre-existing antennas.
(c) Amateur radio and receive-only antennas. This section shall not apply to any tower or the installation of any antenna that is under 70 feet in height and is owned by a federally licensed amateur radio station operator or is used exclusively for a receive-only antenna.
(2) General requirements.
(a) 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 Building Inspector concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, upon notice being provided to the owner of a tower, the owner shall immediately bring such tower into compliance with such standards. Failure to bring such tower immediately into compliance shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(b) State or federal requirements. All towers shall meet or exceed standards and regulations of the FCC, the FAA and any other agency of the state or federal government with the authority to regulate towers and antennas.
(c) Collocation.
1. Any proposed telecommunication tower and tower site shall be designed in all respects so as to accommodate collocation of the applicant's antennas and at least two additional users. Towers and tower sites shall be designed to allow for future rearrangement of antennas upon the tower, to accept antennas mounted at varying heights, and to accommodate supporting buildings and equipment.
2. The holder of a permit for a tower shall permit collocation for at least two additional users and shall not make access to the tower and tower site for an additional user economically unfeasible. If an additional user demonstrates, through an independent arbitrator or other permitted means, that the holder of a tower permit has made access to such tower and tower site economically unfeasible, the permit shall become null and void.
(d) Antenna height. Antenna height shall not be restricted provided such device is installed and maintained in accordance with applicable state and local building codes and in compliance with current standards of the FAA, FCC and any other agency of the state or federal governments with the authority to regulate antennas.
(e) Tower height. 180 feet maximum.
(f) Separation between towers. Separation distances between towers shall be applicable for a proposed tower and any preexisting towers. The separation distance shall be measured by a straight line between the base of an existing tower and the base of a proposed tower.
New Tower Type
|
Existing Tower Type
| |||
Lattice | Guyed | Monopole 75 ft. in height or greater | Monopole less than 75 ft. in height | |
Lattice | 5,000 ft. | 5,000 ft. | 1,500 ft. | 750 ft. |
Guyed | 5,000 ft. | 5,000 ft. | 1,500 ft. | 750 ft. |
Monopole less than 75 ft. in height | 1,500 ft. | 1,500 ft. | 1,500 ft. | 750 ft. |
Monopole greater than 75 ft. in height | 750 ft. | 750 ft. | 750 ft. | 750 ft. |
(g) Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. Evidence submitted to determine that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
1. No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
2. Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
4. The proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the proposed antenna.
5. The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(h) Aesthetics.
1. Towers shall maintain either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a light gray so as to reduce visual obtrusiveness and blend into the natural setting and built environment.
2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment.
3. If an antenna is installed on a structure other that a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(i) Lighting. Towers shall not be artificially illuminated unless required by the FAA or any other applicable authority. If lighting is required, the lighting alternatives and design chosen shall cause the least disturbance to the surrounding views.
(j) Fencing. A tower shall be enclosed by security fencing not less than eight feet in height and secured so that it is not accessible by the general public. Fence design, materials and colors shall reflect the character of the surrounding area.
(k) Landscaping. A buffer of plant materials to effectively screen the tower compound from public view and from adjacent properties shall be provided. The minimum buffer shall consist of a landscape strip of at least five feet in width outside the perimeter of the tower compound. Existing mature tree growth and natural landforms shall be preserved to the maximum extent possible. In some cases, such as towers placed on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
(l) Accessory equipment and buildings. The equipment cabinet or structure used in association with an antenna shall be suited in accordance with the development standards of the underlying zoning district. Equipment cabinets or structures shall be screened from view by an evergreen hedge or other suitable landscape treatments, except where the use of non-vegetative screening would better reflect and complement the architectural character of the surrounding neighborhood.
(m) Signs. No signage or advertising is permitted to be placed on a wireless communication tower.
(3) Permitted uses. The installation of a tower or antenna as follows:
(a) Antennas or existing towers. The attachment of a new antenna on an existing tower may be permitted to minimize adverse visual impacts associated with the proliferation and clustering of towers provided that:
1. The height of the existing tower is not increased.
2. No building addition is required.
(b) Cable microcell network. The installation of a cable microcell network may be permitted 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.
(4) Conditional uses. The installation of towers and antennas, including the placement of accessory equipment or buildings, may be permitted by conditional use permit in all M-2 Manufacturing Districts. In addition to the standards identified in this section, any request for a conditional use permit shall also comply with the standards identified by § 155.28.
(5) Removal of abandoned antennas and towers. An antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the village notifying the owner of such abandonment. Failure to remove the antenna or tower within 90 days shall be grounds to remove the antenna or tower at the owner's expense. If there are two or more users of a single tower, this provision shall not become effective until all users cease using the tower.
(Ord. 03-2016, passed 7-14-2016)