(A) Definitions. For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ANTENNA. Any device that transmits and/or receives radio waves for voice, data or video communications purposes including, but not limited to, television, AM/FM radio, microwave, cellular
telephone and similar forms of communications. The term shall exclude satellite earth station antennas less than two meters in diameter (mounted within 12 feet of the ground or building-mounted) and any receive-only home television antennas.
AGL, ABOVE GROUND LEVEL. Ground level shall be determined by the average elevation of the natural ground level within a radius of 50 feet from the center location of measurement.
CABINET. A structure for the protection and security of communications equipment associated with one or more antennas where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four feet by six feet, and vertical height that does not exceed six feet.
DISGUISED SUPPORT STRUCTURE. Any free-standing, human-made structure designed for the support of antennas, the presence of which is camouflaged or concealed as an appropriately-placed architectural or natural feature. Depending on the location and type of disguise used, the concealment may require placement underground of the utilities leading to the structure. Such structures may include, but are not limited to, clock towers, campaniles, observation towers, light standards, flag poles and artificial trees.
FAA. The Federal Aviation Administration.
FCC. The Federal Communications Commission.
HEIGHT. The vertical distance measured from the average grade of the base of the structure at ground level to its highest point and including the main structure and all attachments thereto.
INCIDENTAL USE. Any use authorized herein that exists in addition to the principal use of the property.
MODIFICATION. Any addition, deletion or change, including the addition or replacement of antennas, or any change to a structure requiring a building permit or other governmental approval.
SHELTER. A building for the protection and security of communications equipment associated with one or more antennas and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennas is prohibited.
SUPPORT STRUCTURE. A tower or disguised support structure.
TOWER. A structure designed for the support of one or more antennas and including guyed towers, self-supporting (lattice) towers or monopoles but not disguised support structures or buildings. The term shall also include any support structure including attachments of 65 feet or less in height, owned and operated solely for use by an amateur radio operator licensed by the Federal Communication Commission.
(B) General requirements. The requirements set forth in this section shall be applicable to all towers, antennas and other support structures installed, built or modified after the effective date of this section to the full extent permitted by law.
(1) Principal or incidental use. Antennas and support structures are special uses in NU, I-1, B-3 and B-4 Zone Districts subject to any applicable district requirement relating to yard or setback or 20% of tower height setback whichever is greater.
(2) Building codes, safety standards and zoning compliance. To ensure the structural integrity of antenna support structures, the owner shall see that it is constructed and maintained in compliance with all standards contained in applicable state and local building codes and the applicable standards published by the Electronics Industries Association, as amended from time to time. In addition to any other approvals required by this section, no antenna, tower or support structure shall be erected prior to receipt of a certificate of zoning compliance and the issuance of a building permit.
(3) Regulatory compliance. All antennas and support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other state or federal agency with the authority to regulate communications antennas and support structures. Should such standards or regulations be amended, then the owner shall bring the devices and structure into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction or modification of any antenna or structure permitted by this section shall be granted for any applicant having an uncured violation of this section or any other governmental regulatory requirement related to the antenna or structures within the village.
(4) Security. All antennas and support structures shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build or modify antennas or support structures. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the village staff or by the Zoning Board of Appeals in the case of a special use permit.
(5) Lighting. Antennas and support structures shall not be lighted unless required by the FAA or other state or federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build or modify the antennas or support structure. Equipment cabinets and shelters may have lighting only as approved by the Village Board.
(6) Advertising. Except for a disguised antenna support structure in the form of an otherwise lawfully permitted pylon sign, the placement of advertising on structure regulated by this section is prohibited.
(7) Design.
(a) Subject to the requirements of the FAA or any applicable state or federal agency, towers shall be painted a color consistent with the natural or built environment of the site.
(b) Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located.
(c) Towers shall not exceed the height limitation of any airport overlay zone as may be adopted by the village.
(d) Antennas attached to a building or disguised antennas support structured shall be of a color identical to or closely compatible with the surface to which they are mounted.
(e) All towers shall be surrounded by a minimum ten-foot high security fence enclosure. For requirements of towers and equipment screening in other than industrial zone districts, see division (D) hereof.
(f) An alternative means of screening may be approved by the Village Board, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved.
(g) All towers, disguised support structures and related structures, fences and walls shall be separated from the property zoned for a residential use or public building at least a distance equal to one-third the height of the tower.
(h) Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning.
(i) On-site parking for periodic maintenance and service shall be provided at all antenna or tower locations consistent with the underlying zoning district.
(j) Shared use.
1. Existing towers. Prior to the issuance of any permit to alter or modify any tower existing on the effective date of this chapter, the owner shall provide to the village a written and notarized agreement committing to make the tower available for use by others subject to reasonable technical limitations and reasonable financial terms. The willful and knowing failure of a tower owner to agree to shared use or to negotiate in good faith with potential users shall be unlawful and shall, among other remedies of the village, be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the village.
2. Tower inventories. Prior to the issuance of any permit to install, build or modify any tower, the tower owner shall furnish the village staff an inventory of all of the towers in or within one and one-half miles of the village limits. The inventory shall include the tower's reference name or number, the street location, latitude and longitude, structure type, height, type and mounting height of existing antennas and an assessment of available ground space for the placement of additional equipment shelters. Upon being modified, any such tower shall be placed on the Multi-Use Interest Area Map for required collocation.
3. Shared use rewired; new towers. Any new tower approved at a height of 60 feet AGL (above ground level) or higher shall be designed and constructed to accommodate at least one additional user unless a larger number is indicated by the response to the notification provisions herein. A written agreement committing to shared use as required shall be submitted by the tower applicant. The willful and knowing failure of the owner of a tower built for shared use to negotiate in good faith with potential users shall be unlawful and shall be a violation of this section and, among other remedies of the village, shall be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the village.
4. Notice of tower applications. Prior to any application for the construction of a new tower or disguised support structure, a copy of the application or a summary containing the height, design, location and type and frequency of antennas shall be delivered by certified mail to all known potential tower users as identified by a schedule maintained by the FCC. Proof of the delivery shall be submitted with the application to the village. The village staff may establish a form required to be used for the notifications. Upon request, the village staff shall place on a list the name and address of any user of towers or prospective users to receive notification of applications. The village staff shall, before deciding on the application or forwarding it to the Village Board for consideration, allow all persons receiving notice at least ten business days to respond to the village applicant that the party receiving notice be permitted to share the proposed tower or locate within one mile of the area. The failure of the receiving party to use this process or respond to any such notice shall be considered cause for denying requests by the party for new towers or structures.
5. Appeal of shared use violations. Any party seeking shared use of a tower subject to this provision shall after responding to notice of an application, negotiate with the applicant for the use. The applicant may on a legitimate and reasonable business basis choose between multiple requests for shared use on the same tower or structure and may reject any request where legitimate technical obstacles cannot be reasonably overcome or where the party requesting shared use will not agree to reasonable financial terms. Any party believing that the applicant has breached its duty to negotiate in good faith for shared use shall immediately notify the applicant and the village staff in writing. A notice of breach of duty shall explain the precise basis for the claim and shall be accompanied by payment of an administrative review fee of $500 to the village to offset the cost of review. After the applicant's receipt of the notice, the applicant shall have ten calendar days to provide a written submission to the village staff responding to the alleged violation of the shared use requirement. If deemed necessary by the village staff, he or she may engage, at the cost of the party alleging the violation, a neutral, qualified technical consultant to provide an opinion on feasibility or cost of the shared use request. If the village staff receives a notice alleging a violation of the shared use requirement, the time for a decision on an administrative permit is automatically extended for up to 30 days until the village staff has determined that the applicant has complied. An application for special use permit shall not be deemed complete for acceptance until a decision on compliance is reached.
(C) Use. The placement of antenna and towers are special uses in NU, I-1, B-3 and B-4 Districts only.
(D) Authorization by administrative permit. The placement of antenna and towers are special use in the Zone Districts indicated in § 151.046, however, the following may be permitted without a special use with Village Board approval.
(1) The attachment of additional antennas or shelters to any tower existing on the effective date of this section or subsequently approved in accordance with these regulations and requiring the enlargement of the existing tower compound area as long as all other requirements of this section and the underlying zoning district are met.
(a) The attachment of additional or replacement of antennas or shelters to any tower existing on the effective date of this section or subsequently approved in accordance with these regulations; provided that, additional equipment shelters or cabinets are located within the existing tower compound area;
(b) The mounting of antennas on any existing building or structure, such as a water tower; provided that, the presence of the antennas is concealed by architectural elements or fully camouflaged by painting a color identical surface to which they are attached; and
(c) The installation of antennas or the construction of a tower or support structure on buildings or land owned by the village following the approval of a lease agreement by the Village Board.
(2) The one-time replacement of any tower existing on the effective date of this section or subsequently approved in accordance with these regulations so long as the purpose of the replacement is to accommodate shared use of the site or to eliminate a safety hazard. The new tower shall be of the same type as the original except that a guyed or self-supporting (lattice) tower may be replaced by a monopole. If the guyed or lattice tower to be replaced is 180 feet or less in height, it shall only be replaced with a monopole. The height of the new tower may exceed that of the original by not more than 20 feet with FAA approval. Subsequent replacements shall require the approval of a special use permit and FAA approval.
(3) The construction of a disguised support structure provided that all related equipment shall be placed underground or concealed within the structure when the structure is located in any district other than a district authorizing industrial uses. Equipment may be placed in a screened* cabinet if the disguised support structure is incidental to an industrial, commercial, institutional or other non-residential use. *Screening in this provision means to be completely enclosed by a wall, a solid fence or closely-planted shrubbery, at least ten feet in height and of sufficient density to block the view.
(4) Towers erected and maintained for a period not to exceed 45 days for the purpose of replacing an existing tower, testing an existing or proposed network or special events requiring mobile towers.
(E) Special use permit required. All proposals to install, build or modify an antenna or support structure not covered under division (D) hereof shall require the approval of special use permit following a duly advertised public hearing by the Village Board, subject to the forthcoming limitations.
(1) Applications for special use permits shall be filed and processed subject to the requirements of and in the manner and time frame as herein established. A decision by the Village Board shall be accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the public hearing by the applicant or others. The applicant/petitioner must submit, with the special use petition, the document issued by the Federal Aviation Administration (FAA) indicating a "determination of no hazard to air navigation".
(2) No special use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of an antenna on an existing support structure is not technologically or economically feasible. The Village Board may consider current or emerging industry standards and practices, among other information, in determining feasibility.
(3) In addition to the determinations or limitations specified herein, the Village Board shall also base its decision upon, and shall make findings as to, the existence of the following conditions:
(a) No existing towers, structures or buildings within the necessary geographic area for the applicant's tower meet the applicant's necessary engineering requirements considering:
1. Height;
2. Structural strength;
3. Resulting signal interference;
4. Feasibility of retrofitting;
5. Feasibility of redesigning the applicant's tower network; or
6. Other limiting conditions that render towers, structures or buildings within the applicant's area unsuitable.
(b) The design of the tower or structure, including the antennas, shelter and ground layout maximally reduces visual degradation and otherwise complies with provisions and intent of this section. New towers shall be of a monopole design, unless it is shown that an alternative design would equally or better satisfy this provision.
(c) The proposal minimizes the number and/or size of towers or structures that will be required in the area.
(d) The applicant has not previously failed to take advantage of reasonably available shared use opportunities or procedures provided by this chapter or otherwise.
(e) No land owned by any agency of the federal or state government, or by any political subdivision of the state, is available for locating the structure or tower. If any one, but not more than one, of the determinations is not satisfied, approval may be granted only on a finding of unique circumstances otherwise necessitating approval to satisfy the purposes of this section.
(4) No tower shall be approved at a height exceeding 150 feet AGL unless applicant clearly demonstrates that such height is required for the proper function of the applicant's system or that of a public safety communications system of a governmental entity sharing the tower. The showing must also be supported by the opinion of a telecommunications consultant hired by the village at the expense of the applicant. The opinion of the consultant shall include a statement that no available alternatives exist to exceeding the height limit or the reason why the alternatives are not viable and that the FAA has approved the height requested.
(F) Obsolete non-complying tower structure. Any upper portion of a tower which is not occupied by active antennas for a period of 12 months, and any entire tower which is not so occupied for a period of six months, shall be removed at the owner's expense. Removal of upper portions of a tower manufactured as a single unit shall not be required. Failure to comply with this provision shall constitute a nuisance that may be remedied by the village at the tower or property owner's expense. Any applicant for a new tower or disguised structure not built as disguised part of another existing or permitted structure shall place a bond or other security with the village prior to any final approval for the purpose of removing any tower or disguised structure as required herein and to compensate the village for performing proper maintenance of the towers or disguised structures to ensure the structures do not become unsafe or otherwise fail to be maintained in compliance with this chapter. The bond or security shall be in the form approved by the village staff, and in the amount of $15,000, or such other amount as is determined by the village staff to satisfy the requirements hereof with regard to the specific tower or structure to which it would apply.
(G) Commercial operation of unlawful tower or antennas. Notwithstanding any right that may exist for a governmental entity to operate or construct a tower or structure, it shall be unlawful for any person to erect or operate for any private purpose of any antenna, tower or disguised support structure in violation of any provision of this chapter, regardless of whether the antenna or structure is located on land owned by a governmental entity.
(H) Penalty. Any person violating this provision shall be subject to a fine of not more than $500 or 90 days in jail or both. Each day the violation continues shall constitute a separate offense.
(I) Applications for permits required by this section shall be made on the appropriate forms to the village staff and accompanied by payment per § 151.166(J), or such other fee as may be established by the Board.
(1) A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating all existing and proposed improvements including buildings, drives, walkway, parking areas and other structures, public right-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydroponic features and the coordinates and height AGL of the existing or proposed tower.
(2) The application shall be reviewed by the Zoning Administration to determine compliance with the above standards and transmit the application for review and comment by other departments and agencies as may be affected by the proposed facility, and forwarded to the Village Board of Trustees.
(J) Application fee.
(1) Application review fee for permits covered by this section to be per § 34.01.
(2) Applications requiring a special use permit shall also include the associated fee per § 34.01.