For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   (a)   “Co-location.” The use of a wireless telecommunications facility by more than one wireless telecommunications provider.

   (b)   “Lattice tower.” A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.

   (e)   “Monopole.” A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

   (d)   “Open space.” Land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).

   (e)   “Telecommunication.” The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems,

   (f)   “Wireless telecommunications antenna.” The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition,

   (g)   “Wireless telecommunications equipment shelter.” The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

   (h)   “Wireless telecommunications facility.” A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

   (i)   “Wireless telecommunications tower.” A structure intended to support equipment used to transmit and/or receive telecommunications signals, including monopoles, guyed, and lattice construction steel structures.

(Ord. 1998-14. Passed 9-16-98.)

   Since the Village is composed of one zoning district, single-family residential, the location of wireless telecommunications facilities will be permitted as conditional uses in specific districts of the Village, contingent upon a number of requirements being met, These criteria are in place in an attempt to minimize adverse health, safety, public welfare or visual impacts through buffering, siting, design and construction, and reduction of the need for new towers.

(Ord. 1998-14. Passed 9-16-98.)

   Wireless telecommunications facilities are permitted under varying conditions, dependent upon their form and the location in which they are to be located. The following sections spell out these conditions.

   (a)   General. The following requirements apply to all wireless telecommunications facilities regardless of the location in which they are to be located. These general standards are to be supplemented with the specific regulations for residential districts as set forth in division (b) of this section.

      (1)   When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale of not less than one inch is equal to 100 feet shall be submitted. This plot plan shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.

      (2)   The location of the tower and equipment shelter shell comply with all natural resource protection standards established in the Zoning Code, including those for floodplain, wetlands, slopes, and river protection.

      (3)   Security fencing eight feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually as determined by the Planning Commission.

      (4)   The following buffer plantings may be located around the perimeter of the security fence as deemed appropriate by the Planning Commission: An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted five feet on center maximum.

      (5)   Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

      (6)   Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a two-mile radius of the proposed facility. The applicant shall inquire about potential co-location opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within 30 days. The applicant's letter(s), as well as response(s), shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.

      (7)   Any application to locate an antenna on a building or structure shall be subject to review by the Municipality's Architectural Review Board, or Building Commissioner, if there is no such review board.

      (8)   The tower shall be painted a non-contrasting gray or similar color, minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).

      (9)   No advertising is permitted anywhere on the facility, with the exception of identification signage.

      (10)   All providers utilizing towers shall present a report to the Building Commissioner notifying them of any tower facility located within two miles of the Municipality whose use will be discontinued, and the date this use will cease. If at any time the use of the proposed facility is discontinued for 180 days, a designated local official may declare the facility abandoned. This excludes any dormancy period between construction and the initial use of the facility. The facility's owner/operator will receive written notice from the Building Commissioner and shall be instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the municipality will remove or will contract to have removed the facility and assess the owner/operator the costs.

      (11)   No tower under 150 feet shall be artificially lighted, except to assure safety or as required by the FAA or the Village Planning Commission, Any tower between 150 and 200 feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter is permitted.

      (12)   “No Trespassing” signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency.

      (13)   Applicants will provide evidence of legal access to the tower site, thereby maintaining this access regardless of other developments that may take place on the site.

      (14)   A conditional use permit must be approved by the Planning Commission and Village Council with a subsequent building permit issued by the Building Commissioner for construction of new towers. Co-location of antennas on a single tower, or replacement towers to be constructed at the site of a current tower, are permitted uses and will not be subject to the conditional use permitting process.

      (15)   Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission.

      (16)   Underground equipment shelters are encouraged and may be requested by the Planning Commission. If an above-ground equipment building is required, it shall be a maximum height of 20 feet at its highest point measured from the natural grade.

   (b)   Location in Residential Districts. Wireless telecommunications facilities that include towers are not permitted in the residential district, with the exception of placement on any property a minimum of 1,000 feet within the boundary limes of the Metropolitan Park District owned and operated as part of the Metropolitan Park District. A wireless telecommunications facility may be located in this area of the Village subject to the following conditions:

      (1)   General. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance. This shall apply to division (b)(2) through (4) below.

      (2)   Combined with a nonresidential use. An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district, including, but not limited to a municipal or governmental building or facility, or a park or agricultural building. The following conditions shall be met:

         A.   Maximum height: 20 feet above the existing building or structure.

         B.   If the applicant proposes to locate the telecommunications equipment in a separate shelter, the shelter shall comply with a following:

            1.   The shelter shall comply with the minimum setback requirements for the subject zoning district.

            2.   The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.

            3.   A buffer yard shall be planted in accordance with division (a)(4) of this section.

            4.   Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

            5.   The maximum height shall be 20 feet above the natural grade.

      (3)   Located on a nonresidential-use property. A tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use within the residential district, including but not limited to municipal or government building, facility or structure, or park use, subject to the following conditions:

         A.   The tower shall be set back from any property line abutting residential lot or use by 1,000 feet.

         B.   Maximum height:

            Tower:   200 feet (includes antenna).

            Equipment shelter:   20 feet from natural grade.

         C.   The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.

         D.   Vehicular access to the tower and equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.

         E.   In order to locate a telecommunications facility on a property that is vacant or with a park use the tract shall be at least 2.5 acres.

      (4)   Located in open space. A wireless telecommunications facility is permitted on land that has been established as permanent open space, or a park subject to the following conditions:

         A.   The open space shall be owned by the Municipality, Metro Parks, County or State government, or a private, non-profit conservation organization.

         B.   Maximum height:

            Tower:   200 feet (includes antenna).

            Equipment shelter:   20 feet from natural grade.

         C.   The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is mare than one, 750 total square feet.

         D.   The tower shall be set back from any residential property line by 300 feet.

         E.   In order to locate a telecommunications facility on a property that is vacant or with a park use the tract shall be at least 2.5 acres.

(Ord. 1998-14. Passed 9-16-98.)

   (a)   A wireless telecommunications facility which includes a tower may be permitted as a conditional use in a residential district, or located on a governmental or Metro Park property in any residential district. In order to be considered for review, the applicant must prove that a newly-constructed tower is necessary in that opportunities for co-location on an existing tower are not feasible. The following steps must also be taken for the application to be considered for review in this category:

      (1)   The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.

      (2)   The applicant shall demonstrate that the telecommunications tower must be located where it is proposed in order to service the applicant's service area. There shall be an explanation of why a tower and this proposed site is technically necessary.

      (3)   Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that vehicular access is provided to the facility.

      (4)   Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential co-location opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within 30 days, The applicant's letter(s), as well as response(s), shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.

(Ord. 1998-14. Passed 9-16-98.)

   (a)   An initial review, inspection and permit fee of two thousand five hundred dollars ($2,500.00) shall be filed along with the initial plan application.

   (b)   Any and all professional reviews for the Village, such as engineering, architectural and legal shall be paid by the applicant with an advance deposit of one thousand five hundred dollars ($1,500,00) for same.

   (c)   An annual inspection fee of five hundred dollars ($500.00) shall be paid by May 1 of each year following the initial year of the permit.

(Ord. 1998-14. Passed 9-16-98.)