CHAPTER 154: WIRELESS TELECOMMUNICATIONS TOWERS
Section
   154.01   Purpose
   154.02   Relationship to Zoning Ordinance
   154.03   Definitions
   154.04   Applicability
   154.05   General requirements
   154.06   Permitted uses
   154.07   Administratively approved uses
   154.08   Special use permits
   154.09   Buildings or other equipment storage
   154.10   Removal of abandoned antennas and towers
   154.11   Non-conforming uses
   154.12   Special procedures for special use determinations
   154.13   Severability
§ 154.01 PURPOSE.
   (A)   The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas.
   (B)   The goals of this chapter are to:
      (1)   Protect residential areas and land uses from potential adverse impacts of towers and antennas;
      (2)   Encourage the location of towers in non-residential areas;
      (3)   Minimize the total number of towers throughout the community;
      (4)   Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
      (5)   Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
      (6)   Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;
      (7)   Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;
      (8)   Consider the public health and safety of communication towers; and
      (9)   Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
   (C)   In furtherance of these goals, the village shall give due consideration to its Comprehensive Plan, zoning map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
(Prior Code, § 154.001) (Ord. 99-005, passed 3-1-1999)
§ 154.02 RELATIONSHIP TO ZONING ORDINANCE.
   This chapter is closely related to and shall be interpreted together with Ch. 157 of this code of ordinances. All terms contained in this chapter shall have the same meanings as when used in Ch. 157 of this code of ordinances, unless the context clearly indicates otherwise. However, in the event of any conflict between this chapter and Ch. 157 of this code of ordinances, this chapter shall control.
(Prior Code, § 154.002) (Ord. 99-005, passed 3-1-1999)
§ 154.03 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALTERNATIVE TOWER STRUCTURE. Human-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
   ANTENNA. Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
   BACKHAUL NETWORK. The lines that connect a provider’s towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
   FAA. The Federal Aviation Administration.
   FCC. The Federal Communications Commission.
   HEIGHT. When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
   PREEXISTING TOWERS AND PREEXISTING ANTENNAS. Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the ordinance codified in this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
   TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
   VILLAGE. The Village of Riverton.
   ZONING CHAPTER. Refers to Ch. 157 of this code of ordinances.
(Prior Code, § 154.003) (Ord. 99-005, passed 3-1-1999)
§ 154.04 APPLICABILITY.
   (A)   New towers and antennas. All new towers or antennas in village shall be subject to these regulations, except as provided in divisions (B) through (D) below.
   (B)   Amateur radio station operators/receive only antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
   (C)   Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of § 154.05(F) and (G) of this chapter.
   (D)   AM array. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
(Prior Code, § 154.004) (Ord. 99-005, passed 3-1-1999)
§ 154.05 GENERAL REQUIREMENTS.
   (A)   Principal or accessory use. Antennas and towers may be considered either principal or accessory uses under the zoning chapter. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
   (B)   Lot size. For purposes of determining whether the installation of a tower or antenna complies with zoning district regulations, including, but not limited to, setback requirements, lot-coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
   (C)   Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of village or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of village; provided, however, that, the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
   (D)   Aesthetics. Towers and antennas shall meet the following requirements.
      (1)   Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
      (2)   At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
      (3)   If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
   (E)   Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
   (F)   State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
   (G)   Building codes; safety standards.
      (1)   To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local Building Codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the village concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards.
      (2)   Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
   (H)   Not essential services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities or private utilities.
   (I)   Franchises. Owners and/or operators of towers or antennas shall certify, that all franchises required by law for the construction and/or operation of a wireless communication system in village have been obtained and shall file a copy of all required franchises with the Zoning Administrator.
   (J)   Public notice. For purposes of this chapter, any special use request, variance request or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Table 2 of § 154.08 of this chapter, in addition to any notice otherwise required by Ch. 157 of this code of ordinances.
   (K)   Signs. No signs shall be allowed on an antenna or tower.
   (L)   Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 154.09 of this chapter.
   (M)   Multiple antenna/tower plan. The village encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
(Prior Code, § 154.005) (Ord. 99-005, passed 3-1-1999) Penalty, see § 10.99
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