1191.01 Purpose.
1191.02 Definitions.
1191.03 Use regulations.
1191.04 Permit required.
1191.05 Information to be submitted to Planning and Zoning Commission relative to need.
1191.06 Exemptions.
1191.07 Denial of request.
CROSS REFERENCES
Site Development Plans - see P.&Z. Ch. 1137
General Regulations for Zoning Districts - see P.&Z. Ch. 1135
Development Standards - see P.&Z. Ch. 1165
Administration - see P.&Z. Ch. 1181
The purpose of this chapter is to promote the public health, safety, comfort, convenience, prosperity and general welfare of the community by regulating the placement of wireless telecommunication facilities. Regulations for said telecommunication facilities shall:
(a) Accommodate the need for wireless telecommunication facilities while regulating their location and number within the Village;
(b) Minimize adverse visual effects of wireless telecommunication facilities and support structures through proper location, design, and screening;
(c) Avoid potential damage to adjacent properties from wireless telecommunication facilities and support structures to reduce the number of such structures needed in the future;
(d) Encourage the joint use of any new and existing wireless telecommunication facility and support structures to reduce the number of such structures needed in the future.
The following definitions shall apply to wireless telecommunication facilities:
(a) "Buffer" means a fence, landscape screen, and/or wall that will prevent access and that will be a least six (6) feet in height. Said buffer shall be located around the perimeter of said wireless telecommunication facility.
(b) "Collocation" means the use of a wireless telecommunication facility by more than one wireless telecommunication provider.
(c) "Lattice tower" means 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.
(d) "Monopole" means a structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation with a wireless telecommunication antenna(s).
(e) "Telecommunication" means 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) "Telecommunication" includes, but is not limited to the receiving or transmitting of cellular phones, pagers, radios, televisions, personal telecommunication services, or other ground-wired telecommunication systems.
(g) "Wireless telecommunication antenna" means the physical device through which electromagnetic, wireless telecommunication signals authorized by the Federal Communications Commission (FCC) are transmitted or received. These may be placed on the monopole or on a structure. Antennas used by amateur radio operators are exempted from this definition.
(h) "Wireless telecommunications equipment shelter" means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(i) "Wireless telecommunications facility" means a facility, containing not more than 2,500 square feet of area measured from the buffer perimeter, 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. The facility shall include the wireless telecommunications equipment shelter, the wireless telecommunications tower, wireless telecommunications antenna, buffer surrounding the shelter, antenna, tower, monopole, and any other apparatus associated with the facility.
(j) "Wireless telecommunications tower" means a monopole or lattice structure intended to support equipment used to transmit and/or receive telecommunications signals.
The following requirements and regulations shall apply to all wireless telecommunications facilities located within the Village:
(a) Wireless telecommunications facilities to be used to support antennae for use in the provision of cellular telephone, personal communication services, specialized mobile radio, AM and FM radio, microwave and television systems, common carriers and other like distribution systems may be erected in the Community Facilities, Restricted Industrial and Limited Industrial Districts provided:
(1) The wireless telecommunications tower shall be of monopole construction;
(2) The wireless telecommunications tower shall not require any guy wires;
(3) The wireless telecommunications tower shall not exceed two hundred feet in height from finished grade to the uppermost point of the tower or of any antennae or lightning rod attached thereto;
(4) The minimum setback of the wireless communications tower from the nearest residential use or district shall be a distance of at least 500 feet, "setback" means the distance from the property line to the nearest part of the tower;
(5) Security fencing eight feet in height shall surround the wireless telecommunications tower and the wireless telecommunications equipment shelter either completely or individually as determined by the Planning Commission;
(6) A comprehensive landscaping plan of evergreen hedges or evergreen shrubs to be planted around the security fencing as approved by the Planning and Zoning Commission is provided to minimize the visual impact at base elevation with existing trees and shrubs to be preserved to the maximum extent possible;
(7) The wireless telecommunication tower shall be painted a noncontrasting gray or similar color approved by the Planning and Zoning Commission, unless otherwise specifically required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA);
(8) No advertising is permitted on or at the facility;
(9) Facilities shall be kept in a state of good condition and repair and said facility must remain free of trash, outdoor storage, weeds and other debris;
(10) Obsolete, discontinued, and/or unused facilities shall be removed within twelve months of ceasing operation;
(11) No wireless telecommunications tower under one hundred fifty feet from finished grade shall be lighted except when required by the FAA. Any such tower between one hundred fifty feet and two hundred feet from finished grade shall have safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the wireless telecommunication equipment shelter is permitted.
(b) Equipment, mobile or immobile shall not be stored or parked on or at the site except in connection with the repair or maintenance of the wireless telecommunications facility;
(c) No employees shall be employed on a regular basis at the wireless telecommunication facility installation site; shall visit the facility only for periodic and necessary maintenance or during an emergency, and such facility shall be fully automated and unattended on a daily basis;
(d) All applicable FAA and FCC requirements and regulations are met and written evidence of such is provided to the Planning Commission prior to its approval. Written evidence of legal access to the wireless telecommunications facility site facility shall be provided by the applicant to the Planning and Zoning Commission which legal access shall be maintained in perpetuity regardless of any other development that may take place on the site;
(e) A telephone number shall be prominently displayed and maintained at the wireless telecommunication facility of whom is to be contacted in the event of an emergency and shall also be provided to the Mayor, Zoning Inspector, Building Department, Chief of Police, and the Fire Department;
(f) Any wireless telecommunication equipment shelter shall not exceed two hundred fifty square feet in area and the total square feet of area of all such shelters for any wireless telecommunications facility shall not exceed seven hundred fifty square feet in area. All shelters shall have facades constructed of materials as deemed appropriate by the Planning and Zoning Commission and, in no case, shall be metal. Any such shelter shall not exceed twelve feet in height above finished grade;
(g) Any driveway, access drive and/or parking area used as part of said facility shall be constructed of a sealed, dustless surface of asphalt or concrete.
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