1032.08  HEIGHT LIMITATIONS.
   (a)   Antenna Installations: The maximum permitted height of a small wireless facility is ten (10) feet above the utility pole or wireless support structure on which the small wireless facility is collocated. 
   (b)   New Poles: The maximum permitted height of new or replacement utility pole or wireless support structure on which a small wireless facility is collocated is the higher of:
      (1)   Ten (10) feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on the date the application is submitted, and that is located within three hundred (300) feet of the new or replacement utility pole or wireless support structure and that is in the same right-of-way within the Village. In cases where a location is at the intersection of two (2) or more rights-of-way, the Village  may designate which intersecting right-of-way within three hundred (300) feet of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or
      (2)   Forty-five (45) feet above ground level.
   (c)   Variance Process:  A wireless provider may receive a variance from the Public Works Director pursuant to the procedures set forth in Section 1030.21 (Variances) of Chapter 1030 (Construction of Utility Facilities in the Rights-of-Way) of this code, from the maximum permitted height of a new pole set forth in this section, if the wireless provider, in addition to demonstrating the conditions set forth in Section 1030.21 have been established, can establish that:
      (1)   Because of a particular unusual condition, a particular hardship or practical difficulty to the wireless provider would result, as distinguished from a mere inconvenience, and such hardship or difficulty has not been created by the wireless provider; and
      (2)   Existing utility poles or wireless support structures, or a new utility pole at the maximum permitted height for a new pole allowed by this section cannot accommodate the wireless facility at a height necessary to function effectively, under reasonable terms and conditions; and
      (3)   The use of existing utility poles or other wireless support structures, or a new utility pole at the maximum permitted height for a new pole allowed by this section, is not technically feasible.
(Ord. 2018-25.  Passed 8-13-18.)