A. Intent: To encourage the location of aboveground service facilities that are four feet (4') or greater in any dimension into nonresidential areas and to minimize the total number of said aboveground service facilities in the community; to encourage the location of aboveground service facilities that are four feet (4') or greater in any dimension, to the greatest extent possible, in areas where the adverse impact on the community is minimal; to encourage designs and configurations that minimize the adverse visual impact; and provide public utilities the ability to provide services to the community.
B. Applicability: No aboveground service facility that is four feet (4') or greater in any dimension shall be erected or installed except in compliance with the provisions of this section.
The following aboveground service facilities shall be exempt from the provisions of this section:
1. Aboveground service facilities that are less than four feet (4') in all dimensions.
2. Aboveground service facilities located on property owned, leased or otherwise controlled by the village provided a lease, franchise or other written agreement is entered into with the village after September 16, 2007, or where a license authorizing such aboveground service facility has been approved by the village after September 16, 2007.
Where conflicts exist between this section and any other provision of the zoning ordinance, the provisions of this section shall control. (Ord. 2009-31, 7-16-2009)
C. Building Permit Requirements: A building permit shall be obtained prior to the installation of any aboveground service facility. Applications for a building permit to install an aboveground service facility shall include, in addition to any requirements contained in title 8 of this code, the following documents:
1. A spotted survey, drawn to scale, of the lot upon which the aboveground service facility is to be constructed, showing thereon the proposed location of the aboveground service facility. The survey shall include written dimensions of the distances between the aboveground service facility and the lot lines and structures on the lot, and shall also show the location, size and type of easements on the property.
2. Plans and specifications for the installation, including elevations and concrete pad construction. (Ord. 2007-49, 9-6-2007)
3. Landscape plan, including details and elevations of required screening, in accordance with subsection 9-13-8E of this title.
D. Location Restrictions:
1. Aboveground service facilities may be located on undeveloped lots that are zoned for nonresidential use and on nonresidential zoned lots developed with nonresidential uses in accordance with the following provisions, except as otherwise provided in subsection 9-12-4B2 of this title:
a. Front And Exterior Side Yards: Aboveground service facilities located in front and exterior side yards shall have a maximum height of six feet (6') or less and shall be screened in accordance with subsection 9-13-8E of this title.
b. Interior Side And Rear Yards: Aboveground service facilities may be located in interior side and rear yards except those yards adjacent to residential districts or residential uses and shall be screened in accordance with subsection 9-13-8E of this title.
c. Buildable Area: Aboveground service facilities located in the buildable area between a principal nonresidential building and the front or exterior side yards shall have a maximum height of six feet (6') or less and shall be screened in accordance with subsection 9-13-8E of this title.
2. Aboveground service facilities may be located on lots that are developed with residential uses, undeveloped lots that are zoned for residential use, and on residential zoned lots developed with nonresidential uses in accordance with the following provisions, except as otherwise provided in subsection 9-12-4B2 of this title:
a. Front And Exterior Side Yards: Aboveground service facilities shall not be located in front and exterior side yards.
b. Interior Side And Rear Yards: Aboveground service facilities may be located in interior side and rear yards and shall be screened in accordance with subsection 9-13-8E of this title. Notwithstanding anything contained in this subsection to the contrary, aboveground service facilities on lots developed with multi-family residential uses or on undeveloped lots zoned for multi-family residential use shall not be located in a required yard adjacent to a single-family residential use.
c. Buildable Area: Aboveground service facilities shall not be located in the buildable area between a principal residential building and the front or exterior side yards.
3. Aboveground service facilities shall be located a minimum of three feet (3') from any property line, except as otherwise provided in subsection 9-12-4B2 of this title. (Ord. 2009-31, 7-16-2009)
4. Aboveground service facilities shall not be located on easements without the express written consent of all parties to whom the easement is granted. Documentation of said consent shall be submitted to the director of community development prior to the issuance of any building permit related to the installation of the aboveground service facility. The village shall have the right but not the responsibility to install screening in said easement provided the village is permitted to do so under the terms of the easement or with the consent of the grantor of said easement. Aboveground service facilities shall not be located in stormwater detention facilities or over spillways.
5. If it is not possible to comply with the location restrictions set forth in this section, the director of community development may authorize relief from said restrictions at his or her discretion. Said relief shall be conditional upon the provision of any additional screening or other measures deemed necessary by the director of community development to mitigate the impact of the aboveground service facility upon the adjacent properties. Any mitigation measures provided in conformance with this subsection shall be provided solely at the applicant's expense. (Ord. 2009-31, 7-16-2009; amd. Ord. 2010-29, 5-20-2010)
E. Other Restrictions:
1. No signage, advertising, or information shall be allowed on or above aboveground service facilities other than four inches by six inches (4" x 6") identifying the service entity. (Ord. 2007-49, 9-6-2007)
2. No visible or audible signals or lights or illumination shall be permitted on an aboveground service facility except for warning lights on cell towers, monopoles, water towers and similar structures if required by the federal aviation administration. Aboveground service facilities shall be of earth tone colors and be maintained in good condition including, but not limited to, being free of peeling paint, rust and graffiti. Notwithstanding anything contained in this section to the contrary, cell towers, monopoles, water towers and similar structures shall be white, light gray or other similar color subject to the approval of the director of community development so as to be unobtrusive against the background of the daytime sky. (Ord. 2009-31, 7-16-2009; amd. Ord. 2011-21, 5-12-2011)
3. In the event the use of any aboveground service facility has been discontinued for a period of one hundred eighty (180) consecutive days, the aboveground service facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the zoning officer who shall have the right to request documentation and/or affidavits from the service entity regarding the use of the aboveground service facility. Upon the zoning officer's determination and written notification to the service entity of such abandonment, the service entity shall have an additional ninety (90) days within which to: a) reactivate the use of the aboveground service facility or transfer the aboveground service facility to another service entity which makes actual use of the facility, or b) dismantle and remove the aboveground service facility, and notify the zoning officer in writing of the completion of such removal.
4. Mobile or immobile equipment not used in direct support of an aboveground service facility shall not be stored or parked on the site of the facility except while repairs to such facility are being made. (Ord. 2007-49, 9-6-2007)
5. Aboveground service facilities shall be screened in accordance with subsection 9-13-8E of this title. (Ord. 2009-31, 7-16-2009)