A. General: The following provisions shall govern the issuance of administrative approvals for towers and antennas:
1. The zoning administrator may administratively approve the uses listed in this section.
2. Each applicant for administrative approval shall apply to the zoning administrator providing the information set forth in subsections 13-1-8B1 and B3 of this chapter and a nonrefundable fee of two hundred fifty dollars ($250.00) to reimburse the village of Pawnee for the costs of reviewing the application.
4. The zoning administrator shall respond to each such application within sixty (60) days after receiving it by either approving or denying the application. If the zoning administrator fails to respond to the applicant within said sixty (60) days, then the application shall be deemed to be denied.
5. In connection with any such administrative approval, the zoning administrator may, in a case involving shared use, administratively waive any zoning district setback requirements in subsection 13-1-8B4 of this chapter or separation distances between towers in subsection 13-1-8B5 of this chapter by up to fifty percent (50%).
6. In connection with any such administrative approval, the zoning administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
7. If an administrative approval is denied, the applicant's administrative remedy shall be limited to filing an application for a special use permit pursuant to section 13-1-8 of this chapter.
B. List Of Administratively Approved Uses: The following uses may be approved by the zoning administrator after conducting an administrative review:
1. Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial zoning district.
2. Locating antennas on existing structures or towers consistent with the terms of subsections B2a and B2b of this section.
a. Antennas On Existing Structures: Any antenna which is not attached to a tower may be approved by the zoning administrator as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight (8) or more dwelling units, provided:
(1) The antenna does not extend more than thirty feet (30') above the highest point of the structure;
(2) The antenna complies with all applicable FCC and FAA regulations; and
(3) The antenna complies with all applicable building codes.
b. Antennas On Existing Towers: An antenna which is attached to an existing tower may be approved by the zoning administrator and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
(1) Type: A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning administrator allows reconstruction as a monopole.
(2) Height:
(A) An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the tower's existing height, to accommodate the collocation of an additional antenna.
(B) The height change referred to in subsection B2b(2)(A) of this section may only occur one time per communication tower.
(C) The additional height referred to in subsection B2b(2)(A) of this section shall not require an additional distance separation as set forth in section 13-1-8 of this chapter. The tower's premodification height shall be used to calculate such distance separations.
(3) On Site Location:
(A) A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty feet (50') of its existing location.
(B) After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
(C) A relocated on site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection 13-1-8B5 of this chapter. The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection 13-1-8B5 of this chapter.
(D) The on site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in subsection 13-1-8B5 of this chapter shall only be permitted when approved by the zoning administrator.
3. New towers in nonresidential zoning districts. Locating any new tower in a nonresidential zoning district other than industrial provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the zoning administrator concludes the tower is in conformity with the goals set forth in section 13-1-1 of this chapter and the requirements of section 13-1-5 of this chapter; the tower meets the setback requirements in subsection 13-1-8B4 of this chapter and separation distances in subsection 13-1-8B5 of this chapter; and the tower meets the following height and usage criteria:
a. For a single user, up to ninety feet (90') in height;
b. For two (2) users, up to one hundred twenty feet (120') in height; and
c. For three (3) or more users, up to one hundred fifty feet (150') in height.
4. Installing a cable microcell network 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. (Ord. 02-02, 2-11-2002)