(a) Wireless Telecommunications Facility.
(1) Definitions.
A. Collocation. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.
B. Lattice tower. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
C. Monopole. A support structure constructed of a single, self- supporting hollow metal tube securely anchored to a foundation.
D. Open Space. Land devoted to conservation or recreational purposes and/or land designed by a municipality to remain undeveloped (may be specified on a zoning map).
E. Telecommunication. The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
F. Wireless telecommunications antenna. The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
G. Wireless telecommunications equipment shelter. The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
H. Wireless telecommunications facility. A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
I. Wireless telecommunications tower. A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
(2) A wireless telecommunications facility which includes a tower may be permitted as a conditional use in the P-1, I-1 and I-2 Districts or, if the applicant satisfies the requirements of subsections 1131.03(a)(3) and 1131.03(a)(6) set forth below, in any residential (R-1) district on either institutionally used property or within a high tension power line corridor. In order to be considered for review in any of the above-described zoning districts, the applicant must prove that a newly-constructed tower is necessary in that opportunities for collocation on an existing tower is not feasible, as set forth in subsection 1131.03(a)(4)E., below.
(3) In applying for a permit for a wireless telecommunications facility on any institutionally used property in a residential district, the applicant must present substantial evidence, in seeking a conditional use permit from the Planning Commission as to why it is not technically feasible to locate in a more appropriate non-residential zone. For purposes of this Zoning Code, institutional use shall include, but not be limited to, the following: Church, Park, Library, Municipal/Government, School, Hospital/Clinic. Applicant must demonstrate it has exhausted all reasonable efforts to locate in a non-residential zone prior to being approved in a residential zone.
(4) The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located:
A. When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale not less than 1" is equal to 100' shall be submitted. This plot shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
B. Security fencing 8 feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually as determined by the Planning Commission.
C. The following buffer plantings shall be located around the perimeter of the security fence as deemed appropriate by the Planning Commission: An evergreen screen shall be planted that exists of either a hedge, planted 3 feet on center maximum, or a row of evergreen trees planted 5 feet on center maximum.
D. Existing vegetation (trees and shrubs) on the proposed site for the location of the wireless telecommunication facility shall be preserved to the maximum extent possible.
E. Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contact and provider shall be requested to respond in writing to the inquiry within thirty (30) days. The applicant’s letter(s) as well as response(s) shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.
F. Any application to locate an antenna on a building or structure that is listed on an historical register, or is in an historic district shall be subject to review by the Planning Commission. Any new building or structure that is part of a wireless telecommunications facility shall be subject to review by the Planning Commission.
G. The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
H. No advertising is permitted anywhere on the facility, with the exception of identification signage, which shall be limited to setting forth the name, address and phone number of the company operating the facility. Signage shall be located on the exterior of the wireless telecommunications equipment shelter, shall be located near the entrance to such shelter and shall not exceed twelve (12) square feet of signage area.
I. All providers utilizing towers shall present a report to the Zoning Inspector notifying him of any tower facility located in the Municipality whose use will be discontinued and the date this use will cease. If at any time the use of any facility is discontinued for 180 days, the Zoning Inspector may declare the facility abandoned. If this facility is abandoned it shall be presumed to be a nuisance affecting or endangering surrounding property values, and being detrimental to the public health, safety, convenience, comfort, and general welfare of the community and shall be abated. The Zoning Inspector shall then give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at his or its last known address, or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within 60 days either by placing the facility in operation in accordance with this section, adapting and using the facility for another permitted use, or by razing the facility. Upon failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Zoning Inspector shall take such action as may be necessary to abate said nuisance. If reactivation or dismantling does not occur, the Municipality may remove or contract to have removed the facility and assess the owner/operator the cost. If said owner/operator fails within 30 days to reimburse the Village such costs, the bond or cash deposit required under subsection 1131.03(a)(7)D., below may be utilized.
J. No tower under 150 feet shall be artificially lighted except to assure safety or as required by the FAA. Any tower between 150 feet and 200 feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter is permitted.
K. “No Trespassing” signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency.
L. Applicant will provide evidence of legal access to the tower site thereby maintaining this access regardless of other developments that may take place on the site.
M. Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission.
N. Underground equipment shelters are encouraged especially in non- industrial districts, and may be requested by the Planning Commission. In the event of collocation, all additional wireless telecommunications equipment shelters shall either be shared with all other providers utilizing the wireless telecommunications facility, or in the event such facility sharing is not feasible, any additional wireless telecommunications equipment shelters shall be attached to any existing shelter and shall be constructed of similar materials and utilize a design similar to any existing shelter located on such property.
O. Any wireless telecommunications tower to be located within the Municipality shall be either a monopole or a lattice tower which does not utilize guy wires. A wireless telecommunications tower which is supported by guy wires shall only be permitted if the applicant can prove that a monopole or lattice tower not requiring guy wires is not reasonably feasible, due to non-economic reasons, such as specific site conditions, or is required to provide wireless communications to a specific area that cannot be served by a guyless monopole or lattice tower. In the event guy wires are required to support the wireless telecommunications tower, the guy wires shall be considered part of the wireless telecommunications facility and shall meet all setback and yard requirements.
(5) Wireless telecommunications facilities proposed for industrial and park districts and for locations on either institutional use property in a residential zone or within high tension power line corridors in a residential zone are subject to the following additional conditions:
A. Sole use on a lot. A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:
1. Yard requirements:
(a) Tower - the minimum distance to any single-family or two-family residential use or district lot line shall be 300 feet.
(b) Equipment Shelter - shall meet all minimum setbacks/yard requirements for the district.
2. Maximum Height:
(a) Tower – 200 feet (includes antenna)
(b) Equipment Shelter - shall not exceed maximum height for buildings within the district.
3. Maximum size of equipment shelter: 300 square feet for a single shelter or, if there is more than one, 750 total square feet.
B. Combined with another use - a wireless telecommunications facility is permitted on a property with an existing use subject to the following conditions:
1. The existing use on the property may be any permitted use in the district or any lawful non-conforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility will not be considered an addition to the structure or value of a non-conforming use.
2. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).
3. Minimum lot area. The minimum lot area shall be the area needed to accommodate the tower (and guide wires, if used), the equipment shelter, security fencing and buffer planting.
4. Minimum yard requirements:
(a) Tower. The minimum distance to any single family or two family residential use or district lot line shall be 300 feet.
(b) Equipment shelter shall comply with the minimum set back requirements for the primary lot.
5. Access. The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.
6. Maximum height:
(a) Tower – 200 feet (includes antenna)
(b) Equipment shelter shall not exceed the maximum height for buildings within the district.
7. Maximum size of equipment shelter: 300 square feet for a single shelter, or, if there is more than one, 750 square feet.
C. Combined with an existing structure. Where possible an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:
1. Maximum height 20 feet or 20% of the building height above the existing building or structure, whichever is greater.
2. If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:
(a) The minimum setback requirements for the subject zoning district.
(b) A buffer yard shall be planted in accordance with Section 4(C)(1).
(c) Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
(d) The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
(6) Residential District. Wireless telecommunications facilities that include towers are not permitted in any R-1 District, with the exception of placement on any property with an institutional use or within a high tension power line corridor as described hereinabove. However, antennas attached to existing buildings or structures are permitted. In addition to placement on any property with an institutional use or within a high tension power corridor, if the appropriate conditions required herein are satisfied, a wireless telecommunications facility may be located in a residential district subject to the following conditions:
A. General. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance. This provision shall apply to subsection 1131.03(a)(6) B., C., D., and E. below.
B. Combined with a non-residential use. An antenna may be attached to a nonresidential building or a structure that is a permitted use of the district; including, but not limited to, a church, a municipal and governmental building or facility, agriculture building, and a building or structure owned by a utility. The following conditions shall be met:
1. Maximum height – 20 feet above the existing building or structure,
2. If the applicant proposes to locate the telecommunications equipment in a separate shelter, the shelter shall comply with the following:
(a) The shelter shall comply with the minimum set back requirements for the subject zoning district.
(b) The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
(d) Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
C. Located on a non-residential-use property. A tower to support an antenna may be constructed on a property with a non-residential use that is regulated as a conditional use within the district, including but not limited to a church, school, municipal or government building, facility or structure, and a utility use, subject to the following conditions:
1. The tower shall be set back from any property line abutting a single family or a two-family residential zoned or used lot by 300 feet.
2. The maximum height:
(a) Tower – 200 feet (includes antenna)
(b) Equipment shelter - shall not exceed the maximum building height for the district.
3. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
4. Vehicular access to the tower and equipment shall, whenever feasible, be provided along the circulation driveways of the existing use.
5. In order to locate a telecommunications facility on a property that is vacant or with an agricultural use the tract shall be at least 2.5 acres.
D. Located in open space. A wireless telecommunications facility is permitted on land that has been established as a permanent open space, or a park subject to the following conditions:
1. The open space shall be owned by the municipality, county or state government, a homeowners association, charitable organization, or a private-non-profit conservation organization.
2. Maximum height:
(a) Tower – 200 feet (includes antenna)
(b) Equipment shelter - shall not exceed the maximum building height for the district.
3. The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
4. The tower shall be set back from any residential property line 300 feet.
(7) Criteria for a conditional use. In order to be considered for a conditional use review, and approval by the Planning Commission, the applicant must prove that a newly-constructed tower is necessary to provide wireless communications to a specific service area and that opportunities for collocation on an existing tower is not feasible. The following steps must also be taken for the application to be considered for conditional use review and approval:
A. The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.
B. The applicant shall demonstrate that the telecommunications tower must be located where it is proposed in order to service the applicant’s service area. There shall be an explanation of why a tower and this proposed site is technically necessary.
C. Where the telecommunications facility is located on the property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.
D. As a condition of approval, the Planning Commission shall establish the amount of a bond, with a surety company approved by the Village’s Solicitor, or cash deposit, in an amount to be determined by the Planning Commission which shall be intended to guarantee the cost of the removal of the wireless telecommunications facility in the event the facility is declared abandoned by the Zoning Inspector pursuant to subsection 1131.03(a)(4) I., herein.
E. The applicant shall make reasonable accommodation to provide for a collocation of additional antennas to be placed on the tower, when the tower will exceed 100 feet in height.
(8) Regardless of the zoning district where a wireless communications facility is proposed as a conditional use, it shall meet the following minimum standards and be subject to the stricter of the regulations in the event of any conflict with any other Zone Code regulation (except the maximum height may be 200 feet):
A. Minimum lot area (acres): 1
B. Minimum lot width (feet): 100
C. Minimum front yard (feet)*: 100
D. Minimum side yard (feet)*: 50
E. Minimum rear yard (feet)*: 50
F. Maximum height (feet): 200
* All wireless telecommunications towers shall be located a minimum distance from property line boundaries at least equal to the height of the structure, plus the width of the base of the structure, measured at its point of connection to the ground plus fifteen (15) feet.
(9) Conditional Use Review and Approval. Any applicant for a wireless telecommunication facility shall submit a written request to the Zoning Inspector, requesting that the applicant’s request be considered by the Planning Commission for conditional use review and approval. The applicant shall be obligated to comply with all prerequisites set forth in this Section 1131.03 of the Zoning Code before the Zoning Inspector shall refer such matter to the Planning Commission for conditional use review and approval. The Planning Commission, after determination by the Zoning Inspector that all prerequisites for submission have been properly submitted by the applicant, shall set a date for a Public Hearing in accordance with Chapter 1109 of the Zoning Code. The notice shall be provided to all property owners as required by Chapter 1109 of the Zoning Code. After the hearing, the Planning Commission shall recommend either approval, approval with conditions, disapproval, or request additional information and documentation from the applicant if the Planning Commission deems it necessary prior to rendering its decision. The Planning Commission may grant the application for a conditional use permit if the applicant meets all of the requirements set forth in the Zoning Code and if the Planning Commission makes the following findings:
A. The relationship of the wireless telecommunication facilities to public streets, public uses, utilities, and similar facilities will not unduly impair the delivery of required services to Village residents and will not interfere with the flow of traffic, particularly in the event of an emergency.
B. The facilities will be constructed in such a manner as to minimize adverse effects upon adjacent development and any abutting or adjacent residential districts.
C. Adequate provisions for screening of the wireless telecommunications facilities from surrounding properties, based on present or proposed use of surrounding properties, by landscaping and/or ornamental walls will be provided by the applicant, and any guarantees, bonds or deposits required by the Planning Commission are delivered to the Solicitor, and all fees and deposits to cover expenses of the Village in processing the conditional use permit, including a fee of one thousand dollars ($1,000.00) to issue the conditional use permit.
D. All sites shall provide adequate access for fire, police and rescue equipment.
(b) In order to comply with FCC Regulations (including 47CFR1.4000 as in effect on September 15, 1997) notwithstanding the fee requirements of Section 1103.03 of the Zoning Code, no permit fee shall be required to obtain a permit to install an antenna that is designed to receive direct broadcast satellite service or an antenna that is designed to receive video programming services via multi-point distribution services, including multichannel, multi point distribution services, instructional television fixed services, and local multi-point distribution services, when all of such antennas are one (1) meter or less in diameter or diagonal measurement, or any antenna that is designed to receive television broadcast signals. Any restrictions contained in this Zoning Code shall not be interpreted or enforced in such a manner as to impair installation, maintenance or use of such antennas and no such regulation shall be interpreted or enforced to unreasonably delay or prevent installation, maintenance or use of such antennas, unreasonably increase the cost of installation, maintenance, or use of such antennas or preclude reception of an acceptable quality signal.
(c) Except as set forth in Section 1131.03(a) and (b), all antennas, satellite dishes and towers shall require a zoning permit. No satellite dish or antenna that is greater than one (1) meter in diameter or diagonal measurement shall be erected or located in any district unless a zoning permit has been obtained. All satellite dish antennas in excess of one (1) meter in diameter or diagonal measurement shall be permitted accessory uses in residential, commercial and industrial districts. Any such antenna less than or equal to one (1) meter in diameter or diagonal measurement or an antenna designed to receive television broadcast signals may be located anywhere on a lot the owner or occupant deems necessary to receive an acceptable quality signal. Communication towers and transmission towers utilized by the commercial or industrial use located on the site where the tower is located shall be permitted as an accessory use in such districts and subject to the height and yard limitations of buildings and structures in such districts.
(d) Satellite dish antennas greater than one (1) meter in diameter or diagonal measurement, shortwave and receiving antennas other than for television broadcast signals located or erected as separate structures shall comply with minimum lot area, lot width, setback and rear yard clearance requirements, height maximums, and corner lot requirements for the district in which the structure is located or erected. No satellite dish antenna, shortwave or receiving antenna, (other than an antenna for receiving television broadcast signals), in excess of one (1) meter in diameter or diagonal measurement, shall be permitted in the front yard of any lot. No variance to a minimum lot area, lot width, setback, side or rear yard clearance requirements shall be granted for any satellite dish antenna in excess of one (1) meter in diameter or diagonal measurement, unless the applicant first proves to the Planning Commission the antenna cannot be located or erected on already existing buildings or structures or towers so as to comply with such regulations for the district in which such structure is located or erected. No satellite antenna in excess of one (1) meter in diameter or diagonal measurement shall be mounted directed upon the roof on a primary or accessory structure and shall not be mounted upon apertures such as chimneys, trees, utility pools or spires, unless the applicant proves to the satisfaction of the Planning Commission that an acceptable quality signal is precluded unless the antenna is erected on such portion of a structure.
(e) No antenna erected, placed or altered in any district shall exceed any height limit specified by the Federal Aviation Administration or the Federal Communications Commission unless preempted by Federal Law. No windmills, antenna towers where the antenna is more than one (1) meter in diameter or diagonal measurement, microwave relay towers, and similar towers shall be located closer to any lot line than a distance equal to the height of such structure plus 15 feet. (Ord.19-10. Passed 11-7-19.)