(A) This procedure has been developed to permit certain building mounted antennas in certain zoning districts to be approved by the Zoning Trustee, or his or her designee, when such antennas meet established standards set forth in this subchapter.
(B) Upon receiving an application for an antenna for administrative approval, the Zoning Trustee, or his or her designee, shall process the application to determine its conformity with the application standards. If the antenna and its structure meets the standards, a building permit application may be applied for. Approval of the administrative review does not ensure issuance of the building permit. If the antenna or its structure does not meet the standards, the permit shall be denied. The Zoning Trustee’s denial may be appealed to the Zoning Board of Appeals, pursuant to § 154.096. Action on application shall take place within a reasonable amount of time. Approval or denial of application shall be in writing.
(C) The standards for application review by the Zoning Board shall be as follows.
(1) The request for administrative review shall be in writing, in petition format, signed by the applicant or a legal representative and include the legal description and common address, a site plan and an elevation drawing.
(2) The applicant shall be the owner of the property or have beneficial interest in the property.
(3) The request for administrative review shall include two sets of sealed plans from a structural engineer or architect.
(4) Photos of similar, previously constructed antennas shall be included with the request.
(D) The standards for approval by the Zoning Board shall be as follows.
(1) The proposed location, design and method of operation of such antenna will not have a detrimental effect on the surrounding properties.
(2) All construction shall conform to the best standards for safety and meet the current building code of the village.
(3) All antennas and their structures shall be architecturally designed to blend with the surrounding environment to minimize visibility. Antennas and their structures shall be constructed of a non-reflective material.
(E) The Zoning Trustee is explicitly authorized, at his or her discretion, to employ on behalf of the village an independent technical expert to review any technical materials submitted, including, but not limited to, those required under this subchapter and shall pay all the reasonable costs of said review, including any administrative costs incurred by the village. Any proprietary information disclosed to the village or the expert hired shall remain confidential and shall not be disclosed to any third-party.
(F) The Zoning Trustee may revoke a use granted with administrative approval upon giving the owner and any interested persons who applied for the use at least ten days’
(1) The owner or interested person applying for the approval has knowingly furnished false or misleading information or withheld relevant information on any application;
(2) The owner, his or her agent, employee, officer, tenant, licensee or occupant has violated any of the provisions of this chapter required to obtain the facility, antenna, tower or satellite dish with administrative approval, or that the property no longer complies with the standards necessary to obtain such device with administrative approval; and
(3) The property has become a nuisance.
(G) The property owner shall be responsible for the acts of his or her agents, employees, officers, tenants, licensees and occupants.
(H) A property shall be considered a nuisance when any of the following shall occur:
(1) The antenna or its structure, in the opinion of the Building Inspector, becomes structurally unsound, unsafe or dangerous; and
(2) The antenna interferes with the reception of other legal pre-existing antennas in the area.
(Prior Code, § 154.079) (Ord. 2000-03-01, passed 3-13-2000) Penalty, see § 154.999