A. District Purpose. The requirements set forth in this chapter, together with other provisions set forth in the Building Code of the Village, have been adopted in order to establish regulations that will promote telecommunications service coverage within the Village while maintaining the integrity and character of the underlying zoning districts by establishing policies that deal with the issues of demand, visual mitigation, engineering, residual impacts and facility siting so as to minimize to the extent possible the amount of aesthetic degradation, property devaluation and safety implications related to the siting of WTSF. The requirements set forth in this chapter are further intended to encourage the placement of WTSF in locations that have the least impact on the character of existing single-family development in the Village and to encourage the placement of WTSF in locations and with equipment that are compatible with the external architectural scale, landscaping and other improvements in the immediate neighborhood.
B. Definitions. When used in this section, the following terms shall have the following meanings:
"Antenna" means any device or array that transmits and/or receives electromagnetic signals for voice, data or video communications purposes including, but not limited to television, AM/FM radio, microwave, cellular telephone and similar forms of communications.
"Applicant" means the person, entity, association, partnership, corporation, trust making application to the Village for the siting, construction, installation or modification of wireless telecommunication services facilities for personal wireless services, including both the telecommunications service provider and the owner of the property which is the subject of the application.
"Cabinet" means an exterior casing or console or other enclosure having horizontal dimensions of not more than four feet by six feet, and used to protect and provide security for equipment associated with one or more antennas.
"Concealed facility" means a wireless communications facility used as a mounting structure for antennas, which is designed to resemble a natural object, or architectural feature that is not a wireless communication facility, such as clock towers, bell steeples, light poles and similar alternative-designs.
"Co-use" and "collocation" mean the location and use of two or more antenna on a single monopole or mast.
"FAA" means the Federal Aviation Administration.
"FCC" means the Federal Communications Commission.
"Height," when referring to monopole or mast, means the distance measured from the finished grade to the highest point on the structure, including the base pad and any antenna.
"IEPA" means the Illinois Environmental Protection Agency.
"Mast" means a thin, self-supporting pole, not more than fifty (50) feet high, which resembles a light standard or a telephone pole and is used as a support structure for antennas.
"Monopole" means a self-supporting pole over fifty (50) feet high, which consists of a single shaft which has either a solid or hollow core, and which is used as a support structure for antennas, but which has neither lattice framework nor external support devices such as guy wires.
"Personal wireless services and personal wireless service facilities" shall be defined in the same manner as in 47, United States Code, Section 332(c)(7)(C), as amended.
"Shelter" means a building solely for the protection and security of communications equipment associated with one or more antennas, where access to the equipment is gained from the interior of the building.
"Wireless telecommunication service facilities (WTSF)" means and includes antennas, masts, monopoles, cabinets, shelters and similar or related structures and equipment, and all such other facilities as defined in 47 U.S.C. Section 332(c)(7)(C), as amended from time to time, except that WTSF shall not include towers or essential public uses, as defined in this code.
C. Locations of Overlay Districts. The shaded areas shown on the Appendix to the Official Village of Winnetka Zoning Map are zoned WTSF Overlay, Wireless Telecommunications Service Facilities Overlay, which overlay districts are generally described as follows:
1. That part of the Winnetka Park District Golf Course lying along the west and south boundaries of that golf course where it abuts the Cook County Forest Preserve, for a distance of twenty-five (25) feet from each such boundary;
2. The Village of Winnetka Public Works Yards at 1390 Willow Road;
3. The southwest quadrant of the Village of Winnetka landfill at 1390 Willow Road, being the area within the following boundaries: beginning at the southwest corner of the landfill, extending from the southwest corner of the landfill along the boundary between the landfill and the Forest Preserve District to a point three hundred fifty (350) feet west of the east boundary of the landfill, then extending from that point due north for a distance of three hundred (300) feet along the east boundary of the landfill, then extending due west from that point to the boundary between the landfill and the Village of Winnetka compost facility, along a line parallel to the south boundary of the landfill, and the south along the boundary between the landfill and the compost facility to the point of beginning;
4. The site of the Village of Winnetka Water and Electric Plant at Lake Michigan and Tower Road;
5. The site of the Village of Winnetka Public Safety Building, commonly known as 410 Green Bay Road;
6. The site of the golf netting poles at the eastern edge of the Winnetka Park District Golf Driving Range;
7. The C-1 and C-2 Zoning Districts.
D. Use. No building or premises shall be used, and no building or structure shall be erected or altered, within a WTSF Overlay District unless otherwise permitted in this title and except for the following uses, which shall be accessory uses to an existing use permitted in accordance with the underlying zoning district regulations:
1. Permitted Use. Subject to the terms and conditions of this section, monopoles, masts and antennas, with related cabinets or shelters, shall be permitted as accessory uses in the following WTSF Overlay Districts:
a. The portion of the west and south boundaries of the Winnetka Park District Golf Course, adjoining the Cook County Forest Preserve, for a distance of twenty-five (25) feet from each such boundary;
b. The Village of Winnetka Public Works Yards at 1390 Willow Road;
c. The southwest quadrant of the Winnetka landfill at 1390 Willow Road;
d. The site of the golf netting poles at the eastern edge of the Winnetka Park District Golf Driving Range;
e. The site of the Village of Winnetka Public Safety Building at 410 Green Bay Road, but only for the location of antenna and related cabinet or shelter; and
f. The site of the Village of Winnetka Water and Electric Plant at Lake Michigan and Tower Road, but only for the location of antennas and related cabinets or shelters.
2. Special Use. Subject to the conditions and requirements set forth in this section and in Chapter 17.56, antennas and related cabinets or shelters shall be permitted as special accessory uses in the WTSF Overlay District that overlays the C-1 and C-2 Zoning Districts.
E. Priority of Overlay Districts. To minimize the adverse visual impacts of WTSF and minimize the impact of WTSF on residential area, WTSF will be permitted only in the following order of preference for locating new WTSF:
1. First Priority. New WTSF in the specified portions of the west and south boundaries of Winnetka Park District Golf Course, and at 1390 Willow Road, and at the Winnetka landfill at 1390 Willow Road. Replacement of existing WTSF at the Village of Winnetka Water and Electric Plant and Public Safety Building;
2. Second Priority. Replacement of golf netting poles on eastern edge of Winnetka Park District Golf Driving Range;
3. Third Priority. Antennas that are concealed facilities in the C-1 and C-2 Zoning Districts;
4. Fourth Priority. Wall-mounted antennas in the C-1 and C-2 Zoning Districts;
5. Fifth Priority. Roof-mounted antennas in the C-1 and C-2 Zoning Districts.
F. Zoning District Requirements. Unless otherwise specifically provided in this section, all uses and property in a WTSF Overlay District shall be subject to all applicable requirements of the underlying zoning district.
G. General Requirements. All WTSF, whether a permitted use or a special use, shall at all times comply with the following requirements:
1. Building Codes and Safety Standards. The WTSF shall meet or exceed all requirements of the Village Code and all other applicable local and state building codes, electrical codes and industry standards. If, upon inspection, the Village determines that a WTSF does not comply with any such code or standard and constitutes a danger to persons or property, then upon notice from the Zoning Administrator of Community Development to the owner of the WTSF, the owner shall bring the WTSF into compliance with such standards within the time specified in the notice. Failure to bring such facility into compliance within the specified time shall constitute grounds for the removal of the WTSF at the owner's expense.
2. Regulatory Compliance. The WTSF shall meet or exceed current standards and regulations of the FAA, FCC and any other federal or state agency with the authority to regulate antennas and support structures. In the event such standards or regulations are amended, then the owner shall bring the WTSF into compliance with the revised standards or regulations within six months of the effective date of the revision unless an earlier date is mandated by the regulatory agency. Failure to bring any WTSF into compliance with such revised standards and regulations as provided in this chapter shall constitute grounds for the removal of the WTSF at the owner's expense.
3. Lighting. No WTSF shall be lighted unless required by the FAA or other federal or state agency with authority to regulate. In the event such lighting is required, a description of the required lighting scheme shall be filed with the Zoning Administrator of Community Development as part of the application to site a WTSF.
4. Signs and Advertising. Unless required by state or federal law, or by a rule of a state or federal regulatory agency, no signs or advertising of any kind shall be placed on a WTSF.
5. Use of Shelter. No shelter shall be used for office purposes, for storage of materials or equipment not used directly in support of the WTSF, or for any similar use.
6. Cat-Walks. No cat-walk or similar access platform may be installed on any monopole or mast.
H. Site Requirements--West and South Boundaries of Park District Golf Course. In addition to meeting all general requirements, the siting of monopoles in the specified portions of the west or south boundaries of the Park District Golf Course, adjoining the Cook County Forest Preserve, shall be subject to the following requirements:
1. Number of Sites. A maximum of two monopole sites shall be permitted.
2. Location of Monopoles. No monopole may be located within six hundred (600) feet of any single-family residence or within six hundred (600) feet of the northern edge of the Willow Road right-of-way. No monopole shall be located within three hundred (300) feet of another monopole.
3. Height. No monopole shall exceed a height of one hundred (100) feet.
4. Co-Use and Collocation. Each monopole shall serve two antenna sites for two telecommunications providers. Prior to issuance of any building permit, all applicants for the siting, construction, installation or modification of a monopole shall submit a notarized statement agreeing to make the proposed monopole available for use by one other telecommunications provider which will be located at the highest level on the monopole as is technically possible. The notarized statement will identify fifty (50) percent of the estimated costs to install the monopole which will be paid to the first telecommunications provider by the second provider as a one time co-use fee.
5. Color. Any part of a monopole, equipment cabinet or shelter that is below the tops of nearby streets or structures, shall be of a color that is harmonious with, and blends in with, such trees or structures. Unless otherwise required by the FAA, the FCC or any applicable federal or state agency, any part of a new monopole that extends above the tops of nearby trees or structures, shall be painted the color known as "overcast gray."
6. Park District Approval. The applicant shall submit proof acceptable to the Village that the applicant has a lease or license from the Winnetka Park District approving both the use of the Park District property and the site plan for the monopole, including the landscaping, fencing and location of the related cabinet or shelter.
I. Site Requirements--Public Works Yards at 1390 Willow Road. In addition to meeting all general requirements, the siting of monopoles at the Public Works Yards at 1390 Willow Road shall be subject to the following requirements:
1. Number of Sites. One monopole site shall be permitted.
2. Location of Monopole. The monopole shall be located behind the Village Yards and near to the Fire Training Tower.
3. Height. The monopole shall not exceed a height of one hundred (100) feet, except that the height of the monopole may be increased an additional twenty (20) feet if the Village decides to collocate its radio antenna on top of the monopole.
4. Co-Use and Collocation. The monopole shall serve two antenna sites for two telecommunications providers. Prior to issuance of any building permit, any applicant for the siting, construction, installation or modification of the monopole shall submit a notarized statement agreeing to make the proposed monopole available for use by one other telecommunications provider which will be located at the highest level on the monopole as is technically possible. The notarized statement will identify fifty (50) percent of the estimated costs to install the monopole which will be paid to the first telecommunications provider by the second provider as a one time co-use fee.
5. Design.
a. Color. Any part of a monopole, equipment cabinet or shelter that is below the tops of nearby trees or structures, shall be of a color that is harmonious with, and blends in with, such trees or structures. Unless otherwise required by the FAA, the FCC or any applicable federal or state agency, any part of a new monopole that extends above the tops of nearby trees or structures, shall be painted the color known as "overcast gray,"
b. Site Enclosure. A six and one-half foot high solid material security fence with locked gate shall enclose the monopole and equipment cabinets or shelters. Equipment cabinets or shelters shall be located inside the security fence and above ground.
c. Landscaping is not required at this site.
6. Additional Permit Requirements. No application for a building permit for construction of any WTSF at this site shall be processed unless the site has been approved by the IEPA and the Village Engineer, and the Village Council has approved a lease agreement for the monopole to be located on its land.
J. Site Requirements--Winnetka Sanitary Landfill. In addition to meeting all general requirements, the siting of masts at the sanitary landfill at 1390 Willow Road shall be subject to the following requirements:
1. Number of Sites. A maximum of four masts shall be permitted.
2. Location of Masts. All masts shall be located on the southwest quadrant of the landfill.
3. Height. No mast shall exceed a height of fifty (50) feet.
4. Co-use and collocation are prohibited at this site.
5. Design.
a. Color. Unless otherwise required by the FAA, the FCC or any applicable federal or state agency, any new part of a new mast shall be painted the color known as "overcast gray."
b. Site Enclosures. A six and one-half foot high solid material security fence with locked gate shall enclose the mast and equipment cabinets or shelters. Equipment cabinets and shelters shall be located inside the security fence and above ground.
c. Landscaping is not required at this site.
6. Additional Permit Requirements. No application for a building permit for construction of any WTSF at this site shall be processed unless the site has been approved by the IEPA and the Village Engineer, and the Village Council has approved a lease agreement for the monopole to be located on its land,
K. Site Requirements--Golf Netting Poles Adjacent to Golf Driving Range. In addition to meeting all general requirements, the siting of monopoles at the Winnetka Park District Golf Course Driving Range shall be subject to the following requirements:
1. Number and Characteristics. Two monopoles may replace two existing golf netting poles; provided that, each monopole serves as a golf netting support.
2. Location of Monopoles. Each monopole shall be located on the eastern edge of the Winnetka Park District Golf Driving Range, but shall not be located within six hundred (600) feet of any single-family residence.
3. Height. Height shall not exceed eighty (80) feet.
4. Co-Use and Collocation are prohibited at this site.
5. Color. Any part of a monopole, equipment cabinet or shelter that is below the tops of nearby trees or structures, shall be of a color that is harmonious with, and blends in with, such trees or structures. Unless otherwise required by the FAA, the FCC or any applicable federal or state agency, any part of a new monopole that extends above the tops of nearby trees or structures, shall be painted the color known as "overcast gray."
6. Park District Approval. The applicant shall submit proof acceptable to the Village that the applicant has a lease or license from the Winnetka Park District approving the use of Park District property and a site plan for the monopole, including the landscaping, fencing and location of the related cabinet or shelter, and approving the color of the monopole.
7. Network Description. All applications for monopoles under this subsection shall include a written statement demonstrating how the proposed WTSF fits into the applicant's current and planned telecommunications network for the villages of Wilmette, Glenview, Kenilworth, Northfield, Northbrook, Deerfield, Glencoe and Highland Park.
L. Site Requirements--Power Plant Smoke Stack. In addition to meeting all general requirements, the siting of antennas at the water and electric plant at Tower Road and Lake Michigan shall be subject to the following requirements:
1. Number. A total of four antenna sites may be installed at this site.
2. Location of Antenna. The antennas shall be located on existing cat-walks on the power plant smoke stack.
3. Co-use and collocation are not applicable at this site.
4. Design.
a. Color. Any part of a new antenna shall be painted a color that is harmonious with, and blends in with the smoke stack.
b. Fencing is not required at this site.
c. Landscaping is not required at this site.
d. Equipment Cabinets and Shelters. Equipment cabinets and shelters shall be placed in a location approved by the Village as owner of the property. The location shall be either inside the power plant or in a place on top of the power plant roof that is not visible from any single-family residence.
5. Additional Permit Requirements. No application for a building permit for construction of any WTSF at this site shall be processed unless the site has been approved by the Director of Water and Electric, and the Village Council has approved a lease agreement for the proposed antenna array.
M. Site Requirements--Monopole at 410 Green Bay Road. In addition to meeting all general requirements, the siting of antennas at the Public Safety Building at 410 Green Bay Road shall be subject to the following requirements:
1. Number. One antenna site for one telecommunications provider may be located on the Village's monopole at 410 Green Bay Road.
2. Location. The monopole shall be permitted at any location adjacent to the Public Safety Building, as determined solely by the Village Council in the exercise of its discretion. The antenna on the monopole shall be located after the Village antennas for police, fire and other municipal services are placed on the monopole.
3. Height. The height of the monopole shall not exceed one hundred ten (110) feet.
4. Co-use and collocation are prohibited at this site, so as to assure that space is reserved for future Village radio communication antennas, which are an essential public use.
5. Design.
a. Color. Any part of the monopole and any part of an antenna that is below the tops of nearby trees or structures, shall be of a color that is harmonious with, and blends in with, such trees and structures. Unless otherwise required by the FAA, the FCC or any applicable federal or state agency, any part of the monopole or of any antenna that extends above the tops of nearby trees or structures, shall be painted the color known as "overcast gray."
b. Fencing is not required at this site.
c. Landscaping. The monopole shall be surrounded by a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of twenty (20) feet.
d. Equipment Cabinets and Shelters. All equipment cabinets and shelters shall be located inside the Public Safety Building in a location that the Council of the Village of Winnetka, in the exercise of its discretion, determines will not interfere with the Village's police, fire and emergency operations.
6. Additional Permit Requirements. No application for a building permit for construction of any WTSF at this site shall be processed unless the Council of the Village of Winnetka have approved a lease agreement for the monopole to be located on Village land.
N. Site Requirements--C-1 and C-2 Zones. In addition to meeting all general requirements, the siting of antennas in the C-1 and C-2 Zoning Districts shall be subject to the following requirements:
1. Network Description. All applications for antennas under this subsection shall be accompanied by a statement demonstrating how the proposed WTSF fits into the applicant's current and planned telecommunications network for the villages of Wilmette, Glenview, Kenilworth, Northfield, Deerfield, Glencoe and Highland Park.
2. Permitted Antenna Arrays. The following types of antenna arrays may be located in the C-1 and C-2 Zoning Districts, in order of their preference:
a. Concealed antennas may be located within the architectural features of an existing structure;
b. Antennas may be mounted on the walls of an existing, conforming structure; and
c. Antennas may be placed on the roof of an existing structure.
3. Concealed Antennas.
a. Location. Antennas shall be located at least two hundred fifty (250) feet from any single-family residence.
b. Height. Antennas shall not exceed the height requirements of the C-1 or C-2 Zoning District, except that an antenna may be concealed in or on an existing structure that is of a legally nonconforming height without increasing the degree of nonconformity.
c. Co-Use and Collocation. Co-use and collocation may be permitted; provided, all standards for special uses have been met.
d. Design. Color, fencing and landscaping requirements are not applicable to concealed antennas.
e. Equipment Cabinets and Shelters. All electronic and other related equipment and appurtenances necessary for the operation of any WTSF shall be located within an existing, conforming structure or concealed completely below grade.
4. Wall-Mounted Antennas.
a. Location. Antennas shall be placed on the side of an existing structure and shall be located at least two hundred fifty (250) feet from any single-family residence.
b. Height. Antennas shall not exceed the height limitation of the C-1 or C-2 Zoning District, except that an antenna may be wall-mounted on an existing structure that is of a legally nonconforming height without increasing the degree of nonconformity.
c. Co-Use and Collocation. Two antenna sites for two telecommunications providers are allowed per existing structure.
d. Design.
i. Color of Antennas. Antennas attached to the side of an existing structure shall be of a color identical to or closely compatible with the surface to which they are mounted.
ii. Fencing and landscaping requirements are not applicable.
iii. Equipment Cabinets and Shelters. All electronic and other related equipment and appurtenances necessary for the operation of any WTSF shall be located within a lawfully pre-existing structure or concealed completely below grade.
e. Architectural Compatibility. Wall-mounted antennas shall be architecturally compatible with the structure on which they are mounted, and designed and located so as to minimize any adverse aesthetic impact.
f. Mounting Requirements. Wall-mounted antennas shall be mounted in a configuration as flush to the wall as technically possible and shall not project above the wall on which they are mounted unless for technical reasons the antennas need to project above the roof line. If required to project above the roof line, the antennas may not project above the parapet of the roof by more than ten (10) feet.
g. Set Back. No wall-mounted antennas, antenna array, or support structure shall be erected or maintained closer to any street than the minimum set back for the zone in which it is located.
5. Roof-Mounted Antennas.
a. Location. Antennas shall be located on the roof of an existing structure and must be located at least two hundred fifty (250) feet from any single-family residence.
b. Height. No portion of the antennas may extend more than ten (10) feet above the parapet of the roof.
c. Co-Use and Collocation. Collocation of multiple antenna sites on the roof of an existing structure is prohibited.
d. Design.
i. Color of Antennas. Any part of a new antenna that is adjacent to an existing structure shall be of neutral color that is harmonious with, and blends in with, the structure surrounding such facility. Unless otherwise required by the FAA, the FCC or any applicable federal or state agency, any part of a new antenna that extends above the tops of nearby structures, shall be painted the color known as "overcast gray."
ii. Fencing and landscaping requirements are not applicable.
iii. Equipment Cabinets and Shelters. All electronic and other related equipment and appurtenances necessary for the operation of any WTSF shall be located within a lawful pre-existing structure or concealed completely below grade.
O. Abandonment. Any WTSF no longer used for its original communications purpose shall be removed at the owner's expense. The owner and applicable co-users shall provide the Village with a copy of any notice to the FCC of the intent to cease operations and shall have ninety (90) days from the date of ceasing operations to remove the WTSF and any related facilities. In the case of co-use, this provision shall not become effective until all users cease operations. Any WTSF not in use for a period of one year shall be deemed a public nuisance and may be removed by the Village at the owner's expense.
P. Letter of Credit. Prior to the issuance of a building permit the Village requires that the owner or operator must deposit with the Village a cash bond or irrevocable letter of credit in the amount of five thousand dollars ($5,000.00) in a form acceptable to the Village. The letter of credit or cash bond is intended to ensure the faithful performance of all conditions required of the owner or operator, including, but not limited to, the removal of the WTSF.
Q. Transfer of Certificate or Permit. Because the construction and operation of any WTSF is permitted only as an accessory use, neither the certificate of zoning use and occupancy nor a special use permit for the construction and operation of any WTSF shall create a property right that runs with the land. The transfer of any such certificate or permit by assignment, subleasing, sale or otherwise shall be prohibited unless the transferee applies for and obtains all necessary approvals from the Village pursuant to this code.
R. Application Requirements. All applications for building permits and special use permits for the construction, installation, replacement or modification of any WTSF shall contain the information set forth in this subsection, which shall be in addition to the building permit application requirements of Title 15 of this code and in addition to the special use application requirements of this chapter. The information may be provided by using any combination of site plans, surveys, maps, technical reports or written narratives. An application shall not be deemed complete and shall not be processed until the applicant has submitted all of the required permit application information, including all additional information requested by the Zoning Administrator of Community Development. The date as of which all such information has been filed shall be deemed the date of filing.
1. Siting Priorities. No WTSF shall be permitted at any site in a WTSF Overlay District unless all sites having a higher location priority, as established by this section, have been fully utilized or the applicant submits engineering data, certified by the appropriate Illinois licensed professional, establishing to the satisfaction of the Village that the use of a higher priority location is not technically feasible and that the requested location is a matter of engineering necessity;
2. A scaled site plan clearly indicating the location, type and height of the proposed WTSF, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, set backs from property lines, elevation drawings of the proposed monopole, mast, building, antenna array, fencing, landscaping, and all other items required by this title;
3. A current map and aerial showing the location of the proposed WTSF;
4. A map indicating the approximate distance between the proposed WTSF and the nearest single-family residential unit;
5. A landscape plan showing specific landscape materials;
6. Method of fencing and finished color and, if applicable, the method of concealment and illumination;
7. Structural Engineering Certifications. All applications shall be accompanied by the certification of a structural engineer licensed by the state, which shall state that the proposed WTSF is utilizing the best materials and technology available to minimize the diameter of the monopole and antenna and that the proposed means of support for the antenna is structurally sound. Where collocation is required, the structural engineer's certification shall address the silhouette and structural integrity of the proposed WTSF for use and occupancy by two telecommunications providers;
8. A notarized letter signed by the applicant representing and warranting that the WTSF will comply with all applicable federal and state laws and regulations and with the Village Code and, where collocation is required, that the monopole will accommodate collocation of one additional array of antennas for one future user; and
9. Permits and Licenses Required. No applications for a special use permit or permit to construct, use or occupy a WTSF site will be processed unless it is accompanied by an authenticated copy of the applicant's or owner's FCC license to operate as a personal wireless provided (if required to be so licensed by the FCC) and, where the applicant or owner is not the licensee, by copies of signed agreements with an FCC licensed personal wireless services provider (if required to be so licensed by the FCC) for the use or lease of the WTSF.
S. Processing of Applications. All applications for building permits and special use permits for the construction, installation, replacement or modification of a WTSF shall be submitted and processed in the manner provided in Title 15 of this code, except that the certificate of appropriateness of design provisions of Section 15.40.010 shall not apply. In addition to meeting the procedures of Title 15, the following procedures shall apply to all such applications for building permits and special uses:
1. Decision of Zoning Administrator. Within a reasonable time after the complete application is received by the Zoning Administrator shall either approve the application as submitted, approve the application subject to such modifications and conditions as the Zoning Administrator may deem reasonably necessary to protect the safety or general welfare of the citizens of the Village, or deny the application. Any decision either to approve an application subject to modifications or conditions or to deny an application shall be made in writing and shall state the specific reasons for the modifications, conditions or denial.
2. Third Party Technical Review. All applications for special use or for use of the golf netting poles shall be subject to technical review by an independent expert. The Village may require such a technical review for other applications for the siting of WTSF facilities if the Zoning Administrator of Community Development determines that such review is necessary due to technical issued raised by the application. The scope of all third party technical reviews shall be as defined in subsection T of this section. All such reviews shall be conducted at the sole expense of the applicant.
3. Appeals from a decision of the Zoning Administrator of Community Development shall be taken to the Village Council within thirty (30) days after the Zoning Administrator's decision.
4. If the Village Council determines that the application meets requirements of this title, it shall direct that the building permits are issued.
5. If the Village Council determines that the application does not meet the requirements of this title, it shall enter a written order denying the appeal and setting forth specific findings of fact, consistent with the guidelines, requirements and considerations established in this chapter, upon which the denial is based.
6. The decision of the Village Council on an appeal from the Community Development Zoning Administrator's denial of a building permit application for a WTSF shall be final.
T. Technical Review Procedures. All required technical reviews shall be performed according to the following procedures:
1. Selection of Expert. The Village shall select a qualified expert to perform the technical review. The Village may select the expert with the agreement of the applicant. In the alternative, at the sole discretion of the Village, the Village may select the expert; provided that, the applicant and interested parties are given a reasonable opportunity to review and comment on the proposed expert and review his/her qualifications.
2. Scope of Review. The technical review is intended to be a site-specific review of technical aspects of the WTSF and not a subjective review of the site selection. The scope and type of review shall be determined by the Village, based on the specific technical parameters of the WTSF. The review may include, but shall not be limited to, such issues as expected coverage area, antenna configuration, structural design and integrity, the suitability of a proposed WTSF site for the safe installation of the proposed type of support structure and related equipment, the availability of other suitable sites, and topographic constraints that affect signal paths. The review shall address the accuracy and completeness of the technical data, the applicability and validity of the analysis techniques and methodologies, the validity of the conclusions reached, and any specific technical issues identified by the Village Council, Plan Commission, Zoning Board of Appeals or Village staff.
3. Results of Review. Based on the results of the third party review, the Village may require changes to the application for the WTSF to comply with the recommendations of the expert.
(Ord. MC-195-97 § 14, 1997: prior code § 22.12A)
(MC-6-2005, Amended, 09/20/2005)