(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.
(c) For towers 81 to 120 feet the following standards shall apply:
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 settings and surrounding buildings.
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.
(c) On-site location.
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.
(c) Existing towers or structures are not of sufficient height to 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)