§ 153.363 CONDITIONALLY PERMITTED USES.

   In an HI District the following uses shall be classed as conditionally permitted uses and may be permitted by the Zoning Board of Appeals subject to the general conditions as set forth in §§ 153.520 through 153.586 and the following specific conditions:

   (A)   Salvage yards.

   (B)   Wireless telecommunications facility. See application requirements in § 153.337(A).

   (C)   Sole use on a lot. Wireless telecommunications facilities may be located as the sole use of a lot if approved as a conditional use subject to the following requirements:

      (1)   Minimum lot size: The minimum lot size shall be that of the district in which the facility is to be located.

      (2)   Minimum yard requirements: Towers shall not be located closer than 300 feet to any residentially used or zoned property. Equipment shelter or support facilities shall meet the minimum setback requirements of the district in which the facility is to be located.

      (3)   Maximum height: No tower, including the antenna, shall exceed 200 feet in height. All equipment shelters or support facilities shall not exceed 20 feet in height.

      (4)   Maximum size of equipment shelter: No single shelter or support facility shall exceed 300 square feet in size, or if there is more than one, 750 square feet in aggregate size.

   (D)   Combined with another use. A wireless communications facility may be located on a property as a conditional use with an existing use subject to the following conditions:

      (1)   The existing use(s) on the property may be any permitted use in the district, an approved conditional use, or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility shall not be considered an addition to the structure or value of a nonconforming use.

      (2)   Minimum lot area: The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment shelter or supporting facilities, security fencing, and buffer plantings.

      (3)   Minimum yard requirements: Towers shall not be located closer than 300 feet to any residentially used or zoned property. The equipment shelter or support facility shall meet the minimum setback requirements of the district in which the facility is to be located.

      (4)   Access: Service access to the facility shall, whenever feasible, be provided along the circulation driveways of the existing use. The applicant shall provide documentation that the owner of the property has granted an easement or entered into a lease for the property facility and that vehicular access is provided to the facility. Vehicular access to the facility shall not interfere with parking requirements or vehicular circulation on the site for the principal use.

      (5)   Maximum height: No tower, including the antenna, shall exceed 200 feet in height. All equipment shelters or support facilities shall not exceed 20 feet in height.

      (6)   Maximum size of equipment shelter: No single equipment shelter or support facility shall exceed 300 square feet in size, or if there is more than one, 750 square feet in aggregate size.

   (E)   Combined with an existing structure. An antenna for a wireless communications facility may be attached to an existing structure or building subject to the following conditions:

      (1)   Maximum height: 20 feet or 20% of the building or structure height above the existing building or structure, whichever is greater.

      (2)   If the applicant proposes to locate the telecommunications equipment in a separate shelter or support facility (not located on, or attached to, the building or structure), the shelter or support facility shall comply with the following:

         (a)   The minimum setback requirements of the district in which it is to be located.

         (b)   Landscaping shall be planted in accordance with § 501.03(1)(B)(2).

         (c)   Vehicular access to the shelter or facility shall not interfere with the parking or vehicular circulation on the site for the principle use.

         (d)   The maximum size of a single shelter or facility shall not exceed 300 square feet, or if there is more than one, 750 square feet in aggregate size.

   (F)   Exemption. Wireless communications facilities may be located, with Village Council approval, on any municipally owned land, buildings or structures. Wireless telecommunications towers located on municipally owned land, buildings or structures are exempt from the requirements of this section.

   (G)   Community rental facilities as defined in § 153.005.

(Ord. 8-96, § 502.04, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 16-2009, passed 10-19-09; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999