Pursuant to the Telecommunications Act of 1996, being Pub. L. No. 104-104, Sec. 1(a), February 8, 1996, 110 Stat. 56, and the Village Council being duly notified of the person’s intent to construct a telecommunications tower in an area zoned R-1, R-2, and R-3 Residential Districts; public utilities or other functionally equivalent providers may cite a telecommunications tower as a conditional use; provided the following conditions are met.
   (A)   The applicant must provide proof that the proposal to construct a tower or attach equipment to an existing structure, has been approved by all other agencies and governmental entities with jurisdiction (for example, the Federal Communications Commission, Federal Aviation Administration, State Department of Transportation, and/or State Building Basic Code).
   (B)   The applicant is required to show cost of construction at this time.
   (C)   The applicant shall provide proof of notification to contiguous, or directly across the street, property owners as required by the Revised Code.
   (D)   The applicant must demonstrate at the time of application that no other existing towers are feasible for co-location, and that no technically suitable and feasible sites are available in a nonresidential district. There shall be an explanation of why co-location is not possible and why a tower at this proposed site is technically necessary.
   (E)   All underground installation shall be trenched and not plowed in. Damage to anything must be repaired, and ground restored to its original condition.
   (F) The applicant shall provide a signed statement indicating that the applicant agrees to allow for the potential co-location of other users on the same tower to the extent possible. All co-located and multiple-use telecommunication facilities shall be designed to promote facility and site sharing.
   (G)   All new towers shall be setback from the closest subdivision boundary line for all platted residential subdivisions, and for all non-platted residential districts from the closest residence, a distance equal to the height of the tower plus 50 feet.
   (H)   All new towers shall be setback from all road rights-of-way, public and private, a distance equal to the height of the tower plus 50 feet.
   (I)   All new towers shall be setback from any building that is not associated with, or accessory to, the telecommunications tower facility a distance equal to the height of the tower plus 50 feet.
   (J)   Any and all base station equipment, accessory structures, buildings, and the like used in conjunction with the tower shall be screened with fencing, masonry, shrubbery, or other screening materials.
   (K)   The applicant shall notify the Zoning Officer within 30 days of ceasing operations at the site, and shall remove all structures within 120 days of ceasing operations.
   (L)   Telecommunication towers shall not be artificially lighted unless required by the Federal Aviation Administration or other applicable regulatory authority. If lighting is required, the lighting design that would cause the least disturbance to the surrounding views shall be chosen. All telecommunication facilities shall be unlit except for security lighting, or when authorized personnel are present.
   (M)   No advertising or illumination, other than that required by law, may be located on the structure or on the required screening.
   (N)   An inspection report prepared by a qualified engineer licensed by the state shall be submitted to the zoning office every five years, which details the structural integrity of all towers and support structures on the property. The results of such inspections shall be provided to the County Building Regulations Department and the Village Zoning Officer. Based upon results of an inspection, the Village Council may require repair or removal of a communication tower. Any and all necessary repairs to the tower and/or support structures shall be made within a seven-day period or the tower, and/or structures, shall be removed. The tower owner (applicant) is responsible to cover the cost of all inspections, repair, and/or removal.
   (O)   The unstaffed storage building and/or unit that houses transmitting equipment is considered an accessory use and/or structure. Setbacks for accessory uses/structures will comply with distances in the zoned district of the tower location. These facilities may not include offices, long-term vehicle storage, other outdoor storage, or broadcast studios except for emergency purposes.
   (P)   A six-foot safety fence with a locked gate surrounding the tower is required. If high voltage is necessary, signs must be posted every 20 feet along the accessory building and fence saying “Danger—High Voltage”. The operator must also post “No Trespassing” signs.
   (Q)   The lot shall be mowed and maintained to control weeds.
   (R)   For each telecommunication tower, the owner or operator shall provide to the village a surety bond or a bank letter of credit so as to assure the village that the terms and conditions of this section are performed and complied with, including necessary repairs, repairs to public highways and roads, and the costs and expenses of removal in the event of abandonment; the bond shall equal anticipated demolition, and debris removal cost; the village may draw upon the performance bond to recover any costs, damages, or expenses incurred by the village that may arise out of the violations of this section, or the abandonment or discontinuance of the tower.
(Ord. 420, passed 3-4-1981) Penalty, see § 154.999