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§ 154.10 REMOVAL OF ABANDONED ANTENNAS AND TOWERS.
   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)
§ 154.11 NON-CONFORMING USES.
   (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)
§ 154.12 SPECIAL PROCEDURES FOR SPECIAL USE DETERMINATIONS.
   (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)
§ 154.13 SEVERABILITY.
   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)