§ 159.018 NUMBER OF BUILDINGS PER LOT.

STRUCTURE OR USE	FRONT YARD	CORNER SIDE YARD	REAR YARD	SIDE YARD	STRUCTURE OR USE	FRONT YARD	CORNER SIDE YARD	REAR YARD	SIDE YARD
Air conditioner condenser unit, window units	P	P	P	P	Gazebos, and pergolas			P
Animal houses, for domestic animals, not to exceed 16 square feet in area and 4 feet in height			P		Greenhouse, private in accordance with § 159.020			P
Antenna, freestanding, for non-commercial purposes			P		Lamp posts	P	P	P	P
Arbors, trellises	P	P	P	P	Landscaping	P	P	P	P
Architectural ornamentation, e.g. sills, belt courses, cornices	P	P	P	P	Laundry drying (clotheslines)			P
Awnings and canopies, projecting no more than 48 inches from the structure	P	P	P	P	Lawn and garden ornaments, sculpture and statuary less than 3 feet in height, and garden furniture	P	P	P	P
Basketball backboards, located no less than 6 feet from any public sidewalk and 5 feet from any lot line	P	P	P	P	Outdoor storage of firewood			P	P
Balconies, projecting no more than 60 inches from the structure but not less than 5 feet from any property line	P	P	P		Outdoor storage, in Industrial Districts in accordance with § 159.080 (F)			P	P
Barbeque grills, in-ground			P		Parking or storing of trucks in accordance with § 159.010 & 159.105 - 159.116			P	P
Bay windows, having no foundation and projecting no more than 36 inches from the structure	P	P	P	P	Parking spaces and aisles, loading berths, except covered or enclosed, in accordance with § 159.019 & 159.105 - 159.116	P	P	P	P
Cabanas			P		Patio, open to the sky			P*	P
Carport, permanent structure attached to the principal structure					Patio, permanently roofed-over			P
Children's playhouse, not to exceed 40 square feet in area			P		Porches, projecting no more than 8 feet from the structure and not less than 5 feet from any property line	P	P	P	P
Chimneys, having no foundation and projecting no more than 30 inches from the structure	P	P	P	P	Portico-chere, projecting no more than 14 feet from the structure	P	P	P	P
Decks, open to the sky and less than 36 inches above the ground as measured under the deck			P*	P	Public telephones, menu boards, and ATMs, except covered or enclosed, on a commercial or industrial lot and located not less than 10 feet from any property line	P	P	P	P
Decks, open to the sky and 36 inches or taller as measured under the deck			P		Rain barrels or rain garden			P	P
Decks, permanently roofed-over			P		Recreational equipment, e.g. childrens' swing set			P
Decks, level with main floor of home, 36 inches or taller projecting no more than 12 feet from the structure.			P*		Satellite antennas, freestanding in accordance with § 159.020		P	P	P
Dog runs, open to the sky and not to exceed 32 square feet in area			P		Signs and nameplates, in accordance with Part IV	P	P	P	P
Driveways and walkways	P	P	P	P	Solar energy devices, attached	P	P	P	P
Eaves and gutters, projecting no more than 36 inches from the structure	P	P	P	P	Solar energy devices, detached			P
Fall-out, storm shelters, attached or detached, above or below grade			P		Steps, at, above or below the first floor level	P	P	P	P
Fences and walls, more than three feet in height			P		Storing or parking of boats, trailers, campers, and recreational vehicles in accordance with § 159.019 & 159.105 - 159.116			P	P
Fences and walls, 3 feet or less in height	P	P	P	P	Swimming pools, hot tubs, Jaccuzi and outdoor spas in accordance with § 159.020			P
Fire escapes, open to the elements and projecting no more than five feet from the structure	P	P	P	P	Tennis, basketball courts			P
Fireplace, outdoor			P		Terraces, not more than 4 feet above level of adjoining ground	P	P	P	P
Flag poles, the height of which shall not exceed the distance from any lot line	P	P	P	P	Tool, garden shed or similar buildings or structures for domestic storage purposes in accordance with § 159.020			P
Garages, detached permanent structure in accordance with § 159.020			P		Trash receptacles and enclosures			P	P
Garden ponds, fountains, statuary and sculpture greater than 3 feet in height, artificial landscaping			P		Utility meters, distribution boxes, pedestals and other above ground appurtenances	P	P	P	P
Where 'P' indicates accessory structure or use is a permitted yard obstruction in the indicated yard as defined in this § 159.015 .
Where '*' indicates that decks and concrete patios that are attached to the primary structure are allowed to encroach into the rear building setback.
Accessory structures and uses not listed in this Table shall be considered as prohibited yard obstructions. Accessory structures and uses listed in this Table shall conform to the bulk regulations in § 159.020 unless otherwise specified in this Table.

(Ord. 07-0508, passed 2-21-07; Am. Ord. 09-0800, passed 12-16-09; Am. Ord. 22-1794, passed 9-21-22)

§ 159.016 LOT AREA AND DIMENSIONS.

(A) When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for the use.

(B) Any single lot or parcel of land held in one ownership which was of record at the time of adoption of this chapter, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts, or usable open spaces are not less than 75% of the minimum required dimensions or area, except as provided in § 159.147, "Exemptions" of this chapter.

(Ord. 07-0508, passed 2-21-07; Am. Ord. 22-1794, passed 9-21-22)

§ 159.017 STREET ACCESS.

(A) Except as otherwise provided for in this chapter, every residential building shall be constructed or erected upon a lot, or parcel of land which abuts upon a street unless a permanent easement of access to a street was of record prior to the adoption of this chapter.

(1) All residential property shall have only one point of ingress/egress to and from the property into the public right-of-way. In the situation of a corner lot having an existing driveway, upon the establishment of another driveway with the approval and acceptance by the Building Inspector the property owner shall remove the original driveway access to the opposite street and replace with seed or sod.

(2) Exception, shall be where the lot width exceeds 100 feet across the frontage of the property where the owner may provide a horseshoe type of driveway.

(B) Access for all business and manufacturing buildings shall be similar to division (A) above, and shall also be subject to the full requirements of ingress and egress onto streets as so outlined within §§ 159.070 through 159.075 and 159.080 through 159.083.

(Ord. 07-0508, passed 2-21-07; Am. Ord. 22-1794, passed 9-21-22)

§ 159.018 NUMBER OF BUILDINGS PER LOT.

Except in the case of a planned development, not more than one principal detached building shall be located on a zoning lot, nor shall a principal detached building be located on the same zoning lot with any other principal building.

(Ord. 07-0508, passed 2-21-07; Am. Ord. 22-1794, passed 9-21-22)

§ 159.019 PARKING OF VEHICLES.

(A) Residential districts. The parking of vehicles in all residential districts shall comply with the following regulations:

(1) No vehicle shall be parked between the street and the front lot line, nor in any area other than upon an approved parking area. The parking of vehicles shall be limited to vehicles of the first division (as defined in the State Motor Vehicles Code); vehicles of the second division having a gross vehicle weight, including vehicle and attached equipment and maximum load, of 8,000 pounds or less; and, vehicles registered as recreational vehicles of 10,000 pounds or less.

(2) No inoperative or partially dismantled vehicle shall be permitted on any residential property, unless it is within an enclosed garage.

(3) No vehicle used for transporting flammable liquids, explosives, toxic or noxious materials shall be parked or stored in any residential district.

(4) Nothing in the provisions of this section shall be construed to prohibit trucks or other service vehicles from being parked temporarily for purposes of making deliveries or rendering service to the property owner.

(B) Business districts. The parking of vehicles in all business districts is accessory to a principal structure and shall comply with the provisions of §§ 159.105 through 159.111, and with the following additional regulations:

(1) The parking regulations for residential uses within a business district are the same as those in the residential district.

(2) The outside parking or storage of any abandoned, damaged, inoperable, dismantled, or unregistered vehicle shall be prohibited in any business district except upon those properties for which that use has been established by this chapter.

(3) No vehicle used for transporting flammable liquids, explosives, toxic or noxious materials shall be parked or stored in any residential district.

(C) Trailers, boats and recreational vehicles. The parking of these vehicles shall comply with the provisions of §§ 159.105 through 159.111, and with the following additional regulations:

(1) Trailers of any type, herein defined, shall not be permanently affixed to the ground as a principal or accessory structure on a lot in any district.

(2) Travel, camping trailers or recreational vehicles of any type (not inclusive of boats, see below) shall not be parked or stored on any lot other than in a lawfully-established travel camp or trailer sales or manufacturing establishment; except that in a residential district, one travel trailer, camping trailer or recreational vehicle may be stored on a lot containing a dwelling unit, provided further that no major repair, disassembly, or rebuilding operations are conducted thereon; not more than one travel, camping trailer or recreational vehicle may be parked or stored in the open lot in a residential district, provided that it shall not be located within a required front or side yard setback for that district. In the event the trailer cannot be located within the rear yard area, it may be located within the required front or side yard, but the travel, camping trailer or recreational trailer when stored in the front, side or rear of the property, shall be located upon a properly maintained hard surface capable of supporting the weight of the vehicle, as approved by the Zoning Administrator and/or Code Enforcement Officer.

(3) Parking and use of trailers for temporary offices or storage uses shall be permitted provided that a permit has been issued by the Zoning Administrator, and when such use is incidental to and only for the period of time for the construction of the principal building. The trailer(s) must be located on the same or contiguous lot as the building being constructed.

(4) Boats may be parked or stored in the open when in the operation of a lawfully established principal use, and one boat may be stored or parked on a lot containing a dwelling unit, provided the boat shall not be parked or stored within a required front or side yard setback for the district, and provided further that no major repair, disassembly, or rebuilding operations are conducted thereon. In the event the boat cannot be located within a rear yard area, it may be located within the required front or side yard, but the boat when stored in the front, side or rear of the property, shall be located upon a properly maintained hard surface capable of supporting the weight of the vehicle, as approved by the Zoning Administrator and/or Code Enforcement Officer.

(5) Trailers, boats, and recreational vehicles shall not be converted and used for the storage of any household items.

(6) Amortization of all existing trailers, camping trailers, boats and recreational vehicles in violation of the regulations herein and shall be brought into conformance with all applicable regulations of this chapter within six months after notification of any violation.

(D) Temporary portable storage units. The use of temporary portable storage units, as defined in § 159.003, is allowed for periods less than 72 hours in conjunction with a move or a remodel, and shall comply with the following regulations:

(1) Temporary portable storage units shall not be placed on village owned property or public right-of-way.

(2) Temporary portable storage units shall be placed only on hard surfaces, such as asphalt or concrete.

(3) Temporary portable storage units shall not obstruct vision or be placed with the sight triangle, as defined in § 159.003.

(4) No more than one temporary portable storage unit may be placed on any residentially zoned property at any one time.

(5) Temporary portable storage units may be placed on a specific lot on not more than three occasions in any 6-month period.

(Ord. 07-0508, passed 2-21-07; Am. Ord. 22-1794, passed 9-21-22)

§ 159.020 ACCESSORY STRUCTURES OR USE.

No accessory structure or use, as defined herein shall hereafter be built, moved or remodeled, established, altered or enlarged unless such accessory structure or use is permitted by the ordinance. Accessory uses are permitted in any zoning district in connection with any principal use which is permitted within such district.

(A) Accessory use limitations and conditions. Each accessory structure and use shall comply with the applicable use limitations in the zoning district in which it is located and, in addition:

(1) Where an accessory structure is attached to the principal building, it shall be subject to and must conform to all regulations of this ordinance and other applicable ordinances of the village, i.e. Fire Prevention Code (Chapter 91), Building Code (Chapter 150).

(2) No accessory structure or use shall be constructed, occupied or established on any lot prior to the completion of the principal structure to which it is accessory.

(3) No accessory structure or use shall be permitted in any yard unless it is a permitted yard obstruction as provided in § 159.015.

(4) Outdoor storage, where permitted, shall be maintained in such a manner so as to prevent the over-growth of weeds, grasses and other obnoxious plant material, and the harboring of rodents and other animal and insect pests.

(5) Buildings and structures essential, incidental or customary to the pursuit of agriculture are exempt from the requirements of this section.

(6) On a corner lot occupied by a principal residential structure that is legally nonconforming with respect to the corner side yard set-backs, accessory uses and structures may be located in said corner side yard provided they maintain the same setback as the principal residential structure.

(7) The square foot area of all accessory buildings and structures, above grade level, shall be counted as part of the percentage of the total lot coverage as permitted in each zoning district. This shall include, but is not limited to, decks, sheds, detached garages, and swimming pools as defined in this section.

(8) Use restrictions. Except as permitted herein, accessory buildings or structures shall not be used for the keeping of livestock, poultry, or rabbits, whether or not for pecuniary gain unless the buildings and structures are located 50 feet from side and rear lot lines, and there shall be not more than one livestock for each 20,000 square feet of lot area with a minimum lot area of one acre.

(B) Permitted yard obstructions.

(1) No accessory structures and uses, except those which are permitted as obstructions in yards as indicated in § 159.015, Table of Permitted Yard Obstructions, shall be established, constructed or altered in, or moved to any yard. For the purpose of this section:

(a) Front yard shall refer to the open space on a lot between the front lot line and all of the vertical planes forming the front elevation of the principal structure;

(b) Rear yard shall refer to the open space on a lot between the rear lot line and all of the vertical planes forming the rear elevation of the principal structure, but excluding any corner side yard;

(c) Side yard shall refer to the open space on a lot between the side lot line and the vertical plane(s) forming the side elevation of the principal structure closest to the side lot line, but excluding any rear or front yard; and,

(d) Corner side yard shall refer to the open space on a lot between the corner side lot line and the vertical plane forming the side wall(s) of the principal structure closest to the corner side lot line, but excluding any rear or front yards.

(C) Location and height. All accessory structures and uses, permitted as obstructions in yards, as indicated in § 159.015, Table of Permitted Yard Obstructions, shall comply with the following requirements, unless provided otherwise in this ordinance:

(1) No accessory structure or use except fences shall be constructed, occupied or established on any public utility, drainage, or pipeline easement, except with the written permission of all utility companies and the village having rights to use the easement.

(2) No detached accessory structure, building or use, except fences and hedges, patios, walkways, driveways, hot tubs, or pergolas hereafter erected or altered shall be located less than ten feet from the principal building on the lot, or less than five feet from any other accessory structure on the lot.

(3) All accessory structures, buildings and uses, except fences, hedges, driveways, and walkways hereafter erected or altered shall be set back a minimum of five feet from the side lot line, ten feet from the rear lot line, and shall not be located in the required front or corner side yard setbacks, except as permitted in § 159.015. Except, in the area zoned R-5A an accessory structure may have a seven foot setback from the rear lot line.

(4) Detached accessory buildings or structures in residential districts shall not exceed one story in height. The total height of accessory buildings or structures shall not exceed 15 feet from the accessory structure pad to the ridge of the accessory structure, nor shall the height between the ground floor pad to the top of the finished wall exceed nine feet in height. Garage door height shall not exceed eight feet in height as measured form the floor pad of the garage.

(D) Time of construction. No accessory building, structure and/or use shall be constructed on any lot prior to the start of construction of the principal building to which it is an accessory.

(E) Use restrictions. Except as herein permitted for a specific permitted use, accessory buildings or structures shall not be used for the keeping of livestock, poultry, or rabbits, whether or not for profit unless the buildings or structures are located 50 feet from side or rear lot lines, and there shall be not more than one livestock for each 20,000 square feet of lot area with a minimum lot area of one acre.

(F) Types of buildings, structures and/or uses.

(1) Tents. Tents are temporary structures and shall not be erected, used, or maintained on any lot, except as provided herein.

(a) Temporary use of tents in residential districts is permitted for domestic recreational purposes subject to the following conditions:

1. That the tent is located on the same zoning lot as the principal structure.

2. That the tent shall comply with the yard and setback requirements of the district in which it is located.

3. That the tent shall be up for no more than 15 consecutive days and no more than three occurrences in a calendar year.

4. Tents in residential districts shall not be used for outdoor storage.

(b) Temporary use of tents in commercial and industrial districts is permitted subject to the following conditions:

1. That the tent is incidental to the business(es) located on the lot.

2. That the tent is used in conjunction with a special event or promotion by the business(es) on the lot.

3. That the tent is used adjacent an entrance of said business(es).

4. That the use of a tent occurs for a period not to exceed three consecutive days.

5. That not more than two such events shall be permitted on a lot during a calendar year.

6. That a personal property sales permit for a tent sale shall be obtained prior to erecting a tent.

(c) Temporary use of tents for religious, amusement or recreation purposes is permitted provided tents used for such purposes shall not:

1. Be used for a period to exceed one week.

2. Occur on a lot that will pose a safety hazard to pedestrians and motorists or interfere with the use and privacy of adjacent property.

3. Be located in any residential district, except on park, church, or school property, and shall comply with the yard requirements of the district in which it is located.

(2) Contractor's equipment. Contractor's equipment, supplies, or tools shall not be stored on any lot, unless the equipment, supplies, or tools are wholly enclosed within a building or vehicle. The use of storage containers to store contractor equipment shall be permitted solely on a lot with a valid building permit on which construction is taking place.

(3) Satellite television antenna, satellite dish, television, citizen band and amateur radio antenna's.

(a) In residential districts, no antenna or satellite dish shall be located in any front yard.

(b) In business, office, or manufacturing districts, no antenna or satellite dish shall be located in any front yard, and in all cases must be located in conformance with the setback requirements for accessory structures of the applicable zoning district.

(c) All parts of an antenna or dish shall be located at least five feet from any side or rear lot line in residential districts, and at least ten feet from any side or rear lot line in business, office, or manufacturing districts.

(d) In residential districts, satellite antenna or dishes shall not be located more than 15 feet above grade, and shall not exceed eight feet in overall diameter. In all business districts, satellite antennas or dishes shall not exceed 15 feet in overall diameter.

1. New technology has added satellite dishes/antennas that are 18 inches or less in size and are permissible within the side and rear yard setbacks, but not beyond the front edge of the principal building or structure.

2. If the satellite dish/ antenna is less than 24 inches in diameter a permit for installation is not required, if it is greater than this size a building permit must be obtained from the village as described herein.

3. The small dish may be secured to the roof in accordance with the manufacturer specifications and local building code, provided, that the overall height of the dish/antenna does not extend beyond the maximum height of the roof peak causing the dish/antenna to be visible from the public street.

(4) Residential driveways and curb cuts. All driveways in residentially zoned districts shall comply with the following:

(a) Driveways shall be concrete or asphalt and shall conform with the building requirements in Chapter 150.

(b) The maximum width of the curb cut in residential district shall be 25 feet.

(d) Shared driveways between two properties are permitted in the R-5A zoning district with the prior recording of a cross access easement against both properties.

(5) Private/public swimming pools. As used in this section, "swimming pool" means an outdoor artificial basin for holding water that is constructed, modified, improved, or installed in or above the ground of private residential property for the purpose of swimming or wading and that is capable of having a depth of 24 inches or more covering more than 25 square feet or that has a capacity of more than 200 gallons of water.

(a) No swimming pool, as defined herein, shall be permitted on a lot unless the pool has a protective fence with a locking ladder attached to it, or the yard in which the pool is located is completely enclosed by a fence not less than four feet in height.

(b) No swimming pool shall be located less than ten feet from any overhead utility line or less than five feet from any buried electric, telephone or cable television line.

(c) All swimming pools shall be equipped to be completely emptied of water, and the discharge shall be disposed of in such a manner that will not create a public nuisance in the street or on adjoining property.

(6) Sheds. All permanent structure sheds shall comply with the following:

(a) The maximum size of a permanent structure shed is 180 square feet.

(b) Permanent structure sheds must be affixed to a concrete slab, designed per the building regulations in Chapter 150.

(d) A resin/plastic shed, that is 64 square feet or less, shall not be considered a permanent structure shed under this section. Such a shed must only meet the side and rear accessory structure setback and not be located in an easement.

(7) Yard lamps. Outdoor yard lamps, gas or electric, are permissible provided that the following is adhered to:

(a) Lamp must be located a minimum of six feet from the back side of the public side walk.

(b) Have a low intensity luminaire as to not interfere or cast light onto adjacent properties or into the street.

(8) Wooden decks and patios.

(a) Wooden decks shall be installed in accordance with all applicable building codes and standard specifications of the village per Chapter 150.

1. All wooden decks shall be placed on concrete footings;

2. All wooden decks shall be approved by the Zoning Administrator for lot coverage;

3. All wooden decks not exceeding 100 square feet in size in R-5 and R-6 zoning districts will be allowed to exceed the maximum impervious lot coverage of 50% provided that no other accessory structure is currently located or being proposed to be located in the rear yard of a lot and provided that the total lot coverage after the proposed deck is no more than 65%. The deck shall be constructed on gravel four inches thick. No deck shall be permitted within a required yard setback or any easement of any kind.

(b) Concrete patios and walkways shall be installed in accordance with all applicable building codes and standard specifications of the village per Chapter 150.

1. All concrete walkways shall be a maximum of five feet wide. Any concrete structure wider than five shall be considered a patio;

2. All concrete patios and walkways are included in the overall lot coverage calculations of the property and shall be approved by the Zoning Administrator;

3. No concrete walkway or patio shall inhibit or alter drainage (i.e. flow of storm water or surface water) through drainage ditches or over public utility and/or drainage easements. The village has the right to review any and all installations to evaluate any impact to drainage.

(c) Brick patios and walkways shall be installed in accordance with all applicable building codes and standard specifications of the village.

1. All brick patios and walkways are included in the overall lot coverage of the property and shall be approved by the Zoning Administrator.

2. Decorative patio stone or block under 100 square feet in area does not require a permit. Patio stone or blocks are included in the overall lot coverage.

(9) Garage, private. A single garage structure, housing all permitted vehicle stalls may be built into the principal building, attached to the principal building, or provided for in a detached garage as a freestanding permanent accessory structure, but the permitted vehicle stalls shall not be split between any of the above. The maximum permitted number of vehicle stalls shall not exceed three vehicle stalls. The minimum vehicle stall size, inside of a garage shall not be less than ten feet in width and 20 feet in length, nor shall the stall size exceed 12 feet in width or 24 feet in length, of clear space inside of supporting walls or partitions. The minimum clear ceiling height shall be a minimum of seven feet. Additional storage areas may be included within a garage provided the storage area does not exceed five feet in width and 120 square feet in area. Height of all motor vehicle garage doors shall not exceed eight feet in height from the garage pad. The use of temporary structures as a garage or carport is strictly prohibited.

(a) The number of garage stalls will only be allowed if the following criteria are met:

1. 4,000 to 7,500 square feet of lot area may have up to two stalls.

2. 7,501 and greater square feet of lot area may have up to three stalls.

(b) All garages must have a driveway connecting the garage to the street. The driveway must be asphalt or concrete and a minimum of nine feet wide in accordance with this section and with all applicable building codes and standard specifications of the village per Chapter 150.

(c) Attached garage conversions. For any lot within the R-5A zoning district, conversion of an existing attached garage into living area is permitted with the following conditions:

1. If a detached garage is being proposed on a lot with an existing attached garage, the attached garage must be converted to living space so that there is only one garage remaining on the property. Permits for both the detached garage and attached garage conversion can be issued simultaneously.

2. If a detached garage is being proposed on a lot with an existing attached garage and requires a new driveway, the existing driveway shall also be removed so that there is only one driveway remaining on the property.

3. Conversion of attached garages to living space in any zoning district other than R-5A is strictly prohibited.

(d) Carports. Carports are permanent structures with a roof and two or more sides open, attached to the principal structure. After January 1, 2023, no new carport structures shall be permitted.

(Ord. 07-0508, passed 2-21-07; Am. Ord. 07-0550, passed 7-18-07; Am. Ord. 07-0551, passed 7-18-07; Am. Ord. 07-0552, passed 7-18-07; Am. Ord. 07-0553, passed 7-18-07; Am. Ord. 16-1306, passed 9-7-16; Am. Ord. 17-1348, passed 2-1-17; Am. Ord. 22-1794, passed 9-21-22)

§ 159.021 PERSONAL COMMUNICATION FACILITY.

(A) Special use permit required. No person shall establish, construct, maintain, or operate a personal communication facility without first obtaining a special use permit authorized and issue by the Village Board in accordance with the standards and procedures set forth in this chapter.

(B) Purpose. The purpose of this section is to establish a comprehensive set of regulations pertaining to the location, siting, development, design and permitting of personal communication facilities for all districts in the village in order to:

(1) Facilitate the development of wireless communications infrastructure in the village for commercial, public and emergency uses;

(2) Encourage the collocation of personal communication facilities;

(3) Encourage users of personal communication facilities to configure them in a manner which minimizes the adverse visual impact of such facilities;

(4) Enhance the ability of the providers of wireless communications services to provide such services to the community quickly, efficiently, and effectively;

(5) Establish the rules and procedures for approving zoning applications for personal communications facilities; and,

(6) Minimize the total number of personal communications facilities in the village.

(C) Scope. The provisions of this section shall apply to all personal communications facilities, whether such facilities are used as a principal use or as an accessory use unless otherwise exempted from these regulations.

(1) Pre-existing towers or antennas. Towers and antennas existing on the date this section is adopted shall not be required to meet the requirements of this section other than the requirements of divisions (F)(8) and (G) of this section.

(2) AM array. For purposes of implementing this section, an AM array, consisting of one or more towers united and supporting a 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 including the AM array. Additional towers may be added within the perimeter of the AM array by right.

(D) Exemptions. The following uses and activities are exempt from the regulations of this section.

(1) Satellite dishes 40 inches or less in diameter or diagonal measurement.

(2) Existing towers and antennae and any repair, reconstruction, or maintenance of these facilities which do not create a significant change in visual impact.

(3) Any tower or installation of any antenna which is owned and operated by a federally licensed amateur radio station operator as part of the amateur radio service, citizens band radio, or is used exclusively for receive-only antennae.

(4) Antennae and equipment and other apparatus completely located within an existing structure whose purpose is to enhance or facilitate communication function of other structures on the site.

(5) Personal communication facilities located on property owned, leased or otherwise controlled by the village or other government entity. Provided the lease or license authorizing such personal communication facility has been approved by the appropriate governing board and that the facility incorporates a monopole design. These facilities shall be for government purposes and uses. They shall not be for commercial use.

(6) Antennas not attached to a tower and incorporating stealth design amateur radio operation/receive only antennas. This section shall not govern any towers or the installation of any antenna that is 50 feet or less in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas. No receive-only antennas shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten feet.

(E) Definitions. As used in this section the following word and terms shall have the meanings set forth herein:

(1) "ANCILLARY BUILDING." The building(s), cabinets(s), vault(s), closure(s) and equipment required for operation of telecommunication systems, including, but not limited to repeaters, equipment housing, relay equipment, ventilation and other electrical and mechanical equipment.

(2) "ANTENNA." A device commonly in the form of a metal rod, wire panel or dish, for transmitting or receiving electromagnetic radiation. An "ANTENNA" is typically mounted on a supporting tower, pole, mast, building, or other structure.

(3) "COLLOCATION." The placement of two or more antenna systems or platforms by separate FCC license holders on a structure such as a support structure, building, water tank, or utility pole.

(4) "GUYED TOWER." A tower which is supported by the use of cables (guy wires) which are permanently anchored.

(5) "LATTICE TOWER." A tower characterized by an open framework of lateral cross members, which stabilize the tower.

(6) "MAST." A vertical element consisting of a tube or rod which supports an antenna.

(7) "MONOPOLE." A single upright pole engineered to be self-supporting that does not require lateral cross supports or guys.

(8) "PERSONAL WIRELESS SERVICES." Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

(9) "PERSONAL WIRELESS SERVICES FACILITIES." Facilities for the provision of personal wireless services.

(10) "STEALTH DESIGN." A personal wireless service facility that is designed or located in such a way that the antennas and/or towers are camouflaged, concealed, disguised and otherwise not readily recognizable as telecommunications equipment. Examples of stealth design include concealing antenna in clock-towers, bell steeples, on light poles, and integrating antenna into architectural elements on buildings by color, shape or location on the building.

(11) "TOWER." A vertical framework of cross elements which supports either an antenna, mast or both.

(12) "UNLICENSED WIRELESS SERVICE." The offering of telecommunications services using duly authorized devices which do not require individual licenses issued by the FCC, but does not mean the provision of direct-to-home satellite services as defined by the FCC.

(13) "WIRELESS COMMUNICATION FACILITY." An unstaffed facility for the transmission or reception of radio frequency (RF) signals, usually consisting of an equipment shelter, cabinet or other enclosed structure containing electronic equipment, a support structure, antennas or other transmission and reception devices. Amateur radio facilities and facilities used exclusively for the transmission of television and radio signals are not considered wireless communication facilities.

(14) "WIRELESS COMMUNICATION FACILITY, ATTACHED." A wireless communication facility that is affixed to an existing structure, e.g., an existing building wall or roof, mechanical equipment, tower or pole, water tank, utility pole, or light pole, that does not include an additional wireless communication support structure.

(15) "WIRELESS COMMUNICATION SUPPORT STRUCTURE." A new structure, tower, pole, or mass erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to monopoles, lattice towers, wood poles, and guyed towers.

(F) Performance standards.

(1) Equipment. Mobile or immobile equipment not used in direct support of a personal wireless service facility shall not be stored or parked on the site of a personal wireless service facility unless repairs to such facility are being made. Back-up generators shall be operated only during power outages and for testing and maintenance purposes. Noise attenuation measures shall be included to reduce noise levels. Testing and maintenance of generators shall occur only on weekdays between the hours of 8:00 a.m. and 5:00 p.m.

(2) Lighting. No signals or lights or illumination shall be permitted on a personal wireless service facility, unless required by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), or the village. If illumination is required, the illumination alternative and design chosen must cause the least disturbance to the surrounding views.

(3) Signs. No personal wireless service facility shall be used or serve as a sign or bear any advertising emblem or logo other than the name of the manufacturer or provider in letters or graphics not to exceed four inches in height, unless orherwise required by the FCC.

(4) Aesthetics. The aesthetic standards for towers vary depending on the height. The height categories are 0-40 feet, 41-80 feet, and 81-120 feet. No tower may exceed 120 feet in height. Towers and antennas shall comply with the following requirements for each category:

(a) For towers 0 to 40 feet tall, the following standards apply:

1. All towers shall be totally screened or incorporate stealth design.

(b) For towers 41 to 80 feet tall the following standards apply:

1. Towers shall, 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 settings and surrounding buildings.

3. Lattice towers are prohibited. Guy wires are prohibited. Towers must be a monopole design.

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.

3. Lattice towers are prohibited. Guy wires are prohibited. Towers must be a monopole design.

(d) 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.

(5) Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the village as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of 24 or more dwelling units, provided:

(a) The antenna does not extend more than 30 feet above the highest point of the structure;

(b) The antenna complies with all applicable FCC and FAA regulations;

(c) The antenna complies with all applicable building codes and safety standards as referenced in division (F)(7) of this section; and,

(d) The antenna utilizes stealth design.

(6) Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the village. Also, 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.

(a) 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 village allows reconstruction as a monopole.

(b) Height.

1. An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna and such height not exceeding 150 feet in total.

2. The height change referred to in this division may only occur one time per communication tower.

3. The additional height referred to in division (F)(6) of this section. shall not require a distance separation. The tower's pre-modification height shall be used to calculate such distance separations.

1. A tower which is being rebuilt to accommodate the collocation of additional antenna may be moved onsite within 50 feet of its existing location.

2. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

3. A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of tower hereunder shall in no way be deemed to cause a violation of this section.

(7) Building codes/safety standards. To ensure the structural integrity of towers, the owner of the tower shall ensure that it is maintained in compliance with standards contained in the current and applicable state and local building codes and the applicable standards to towers that are published by the Electronic Industry 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 danger to person 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. Failure to bring such tower into compliance within 30 day period shall constitute grounds for removal of the tower or antenna at the owner's expense.

(8) 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 communications system in the village have been obtained and shall file a copy of all required franchises with the Village Administrator.

(9) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers and antennas, that are either within the jurisdiction of the village or within one mile of the border thereof, including specific information about the location, heights, and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals of special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the village, provided however that the Zoning Administrator is not, by sharing such information, in any way representing or warranting such sites are available or suitable.

(10) Lot size. For purposes of determining whether the installation of a tower or antenna complies with the district bulk regulations, including, but limited to setback requirement, 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 or easements with such lots.

(11) Measurement. For purposes of measurement, tower setback and tower separation distances shall be calculated and applied to facilities located in the village irrespective of municipal jurisdictional boundaries.

(12) Multiple antenna/tower plan. The village encourages all plans for tower and antenna sites to be submitted in 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.

(13) Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(14) Principal or accessory use. Antennas and towers may be considered principal or accessory uses. 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.

(15) State or federal requirements. All towers must meet or exceed current standards or regulations of the FAA, the FCC, or 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 section shall bring such towers and antennas into compliance with such revised standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.

(G) Additional application requirements. In addition to any information required for applications for special use permits pursuant to § 159.176, applicants for a special use permit for a personal communication facility shall submit the following information:

(1) A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all adjoining, adjacent roadways, proposed means of access, setbacks from the property lines, elevation drawings of the proposed tower and any other structure, topography, parking, and other information deemed by the Zoning Administrator to be necessary to assess compliance with this section.

(2) Legal description of the parent tract and leased parcel (if applicable).

(3) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(4) The separation from the other towers described in the inventory of existing sites submitted pursuant to division (F)(9) of this section shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

(5) A landscape plan showing specific landscape materials.

(6) Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(7) A description of compliance with division (F) of this section and all applicable federal, state or local laws.

(8) A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(9) Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

(10) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(11) A description of the feasible location(s) of future towers or antennas within the village based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(H) Factors considered in granting special use permit for towers. In addition to any standards for consideration of special use permit applications pursuant to § 159.176, the Planning and Zoning Commission shall consider the following factors in determining whether to issue a special use permit, although the Planning and Zoning Commission may waive or reduce the burden on the application of one or more of these criteria if the Planning and Zoning Commission concludes that the goals of this section are better served thereby:

(1) Height of the proposed tower;

(2) Proximity of the tower to residential structures and residential district boundaries;

(3) Nature of uses on adjacent and nearby properties;

(4) Surrounding topography;

(5) Surrounding tree coverage and foliage;

(6) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(7) Proposed ingress and egress; and

(8) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures.

(a) Availability of suitable existing towers, other structures, or stealth design. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning and Zoning Commission that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate that applicant's proposed antenna. An applicant shall submit information requested by the Planning and Zoning Commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(b) No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

(d) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(e) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(f) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(g) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(h) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitter/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(Ord. 07-0508, passed 2-21-07; Am. Ord. 11-0924, passed 10-5-11)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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