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(A) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following.
(1) The cabinet or structure shall not contain more than 225 square feet of gross floor area or be more than 15 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 150 square feet of gross floor area or eight feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(2) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
(3) Equipment storage buildings or cabinets shall comply with all applicable Building Codes.
(B) Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following.
(1) In residential districts, the equipment cabinet or structure may be located:
(a) In a front or side yard; provided, the cabinet or structure is no greater than three feet in height or 16 square feet of gross floor area and the cabinet/structure is located a minimum of 15 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches and a planted height of at least 36 inches; and
(b) In a rear yard; provided, the cabinet or structure is no greater than five feet in height or 25 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(2) In commercial or industrial districts, the equipment cabinet or structure shall be no greater than five feet in height or 25 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(C) Antennas located on towers. The related unmanned equipment structure shall not contain more than 225 square feet of gross floor area or be more than 15 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
(D) Modification of building size requirements. The requirements of divisions (A) through (C) above may be modified by the Zoning Administrator in the case of administratively approved uses or by the Planning Commission in the case of uses permitted by special use to encourage collocation.
(Prior Code, § 154.009) (Ord. 99-005, passed 3-1-1999)
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the village notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(Prior Code, § 154.010) (Ord. 99-005, passed 3-1-1999)
(A) No expansion of non-conforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a non-conforming use or structure.
(B) Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
(C) Rebuilding damaged or destroyed non-conforming towers or antennas. Notwithstanding § 154.10 of this chapter, bona fide non-conforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in § 154.08(B)(4) and (B)(5) of this chapter. The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable Building Codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 154.10 of this chapter.
(Prior Code, § 154.011) (Ord. 99-005, passed 3-1-1999)
(A) The procedures for special uses shall be the same as in the zoning chapter with respect to a public hearing and approval of the special use by ordinance of the corporate authorities.
(B) However, the following requirements, peculiar to the Federal Telecommunications Act of 1996, shall apply.
(1) If the applicant shows that the antenna tower and the equipment to be installed thereon meet all requirements of the FCC, the Planning Commission shall disallow and disregard evidence regarding the environmental effects (including interference) of radio frequency emissions, and the Village Board shall disregard any such evidence in making its final determination.
(2) All findings of the Planning Commission shall be in writing and shall be based on substantial evidence.
(3) Since the Federal Telecommunications Act of 1996 requires a written record, there shall be a certified shorthand reporter present at any public hearing, and a written transcript shall be prepared of any public hearing.
(4) The Village Board shall not take final action on a special use permit application until all fees required to be paid, including reimbursement of the cost of an engineering review, have been paid.
(Prior Code, § 154.012) (Ord. 99-005, passed 3-1-1999)
The various parts, sections and clauses of this chapter are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the chapter shall not be affected thereby.
(Prior Code, § 154.013) (Ord. 99-005, passed 3-1-1999)