Only where the person, company or corporation wishing to site a tower can prove to the Planning and Zoning Board and the Village Board by clear and convincing evidence that no other location is possible, available or technologically feasible may the tower be sited in any residential neighborhood. Any such request to site a tower in a residential area shall be filed with the Zoning Administrator and public notice shall be given by the applicant by certified mail, return receipt requested, to all owners of record of property located within 500 feet of the boundaries of the proposed site. Such mailed notice shall be given not less than 30 days nor more than 45 days prior to the hearing. Notice of the hearing and application shall also be published in a newspaper of general circulation within the village on three consecutive weeks not less than 14 days prior to the hearing, nor more than 45 days prior thereto. The initial hearing shall be conducted before the Planning and Zoning Board, who shall take testimony from the applicant and all interested persons. At the conclusion of the testimony, the Board shall thereupon take a vote and make a recommendation to the Village Board to approve or deny the permit based on the evidence presented. The Village Board shall consider the application within 14 days thereafter, and shall act without taking further evidence or conducting any further examination of any persons under oath. Where the Planning and Zoning Board has recommended against the proposed siting, a three-fifths majority of the Village Board shall be required to approve the same.
(Ord. 2002-O-6, passed 2-19-02)