As used in this article, the following terms shall have the meanings indicated:

ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA: Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

FAA: The federal aviation administration.

FCC: The federal communications commission.

GOVERNING AUTHORITY: The corporate authorities.

HEIGHT: Shall mean, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

PREEXISTING TOWERS AND ANTENNAS: Shall have the meaning set forth in subsection 12-11A-2D of this article.

TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. (2005 Zoning Code)

   A.   District Height Limitations: The requirements set forth in this article shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.

   B.   Public Property: Antennas or towers located on property owned, leased, or otherwise controlled by the governing authority shall be exempt from the requirements of this article, provided a license or lease authorizing such antenna or tower has been approved by the governing authority.

   C.   Amateur Radio; Receive Only Antennas: This article shall not govern any tower, or the installation of any antenna, that is under seventy feet (70') in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

   D.   Preexisting Towers And Antennas: Any tower or antenna for which a permit has been properly issued prior to the effective date hereof shall not be required to meet the requirements of this article, other than the requirements of subsections 12-11A-3E and F of this article. Any such towers or antennas shall be referred to in this article as "preexisting towers" or "preexisting antennas". (2005 Zoning Code)

   A.   Purpose And Goals: The purpose of this article is to establish general guideline for the siting of towers and antennas. The goals of this article are to:

      1.   Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;

      2.   Strongly encourage the joint use of new and existing tower sites;

      3.   Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

      4.   Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and

      5.   Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

   B.   Principal Or Accessory Use: Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.

   C.   Inventory Of Existing Sites: Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of its existing towers that are either within the jurisdiction of the governing authority or within one-fourth (1/4) mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning administrator may share such information with other applicants applying for administrative approvals or special use permits under this article or other organizations seeking to locate antennas within the jurisdiction of the governing authority; provided, however, that the zoning administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

   D.   Aesthetics And Lighting: The guidelines set forth in this subsection shall govern the location of all towers and the installation of all antennas governed by this article; provided, however, that the governing authority may waive these requirements if it determines that the goals of this article are better served thereby.

      1.   Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

      2.   At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

      3.   If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

      4.   Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

   E.   Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

   F.   Building Codes And Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable village building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the governing authority may remove such tower at the owner's expense. (2005 Zoning Code)

   A.   General: The uses listed in this section are deemed to be permitted uses and shall not require administrative review or a special use permit. Nevertheless, all such uses shall comply with subsections 12-11A-3D, E and F of this article and all other applicable ordinances.

   B.   Specific Permitted Uses: The following uses are specifically permitted:

      1.   Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in the village manufacturing districts; provided, however, that such tower shall be set back from any existing off site residence a distance equal to the height of the tower;

      2.   Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is fifty feet (50') in height or greater, so long as said additional antenna adds no more than twenty feet (20') to the height of said existing structure; and

      3.   Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than twenty feet (20') to the height of said existing tower and said existing tower is not a preexisting tower; provided, however, that such specific permitted use shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna. (2005 Zoning Code)

   A.   General:

      1.   The planning and zoning commission may administratively approve the uses listed in this section.

      2.   Each applicant for administrative approval shall apply to the zoning administrator, providing the information set forth in subsections 12-11A-6B and D of this article.

      3.   In connection with any such administrative approval, the planning and zoning commission may, in order to encourage shared use, administratively waive any zoning district setback requirements by up to fifty percent (50%).

      4.   If an administrative approval is denied, the applicant may appeal said denial in accordance with the provisions of this title concerning appeals of administrative decisions.

   B.   Specific Administratively Approved Uses: The following uses may be approved by the planning and zoning commission after conducting an administrative review:

      1.   Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is less than fifty feet (50') in height, so long as such addition does not add more than twenty feet (20') to the height of the existing structure.

      2.   Installing an antenna on an existing tower of any height, including a preexisting tower and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty feet (20') to the height of said existing tower.

      3.   Locating any alternative tower structure in a zoning district other than the village manufacturing district that, in the judgment of the planning and zoning commission, is in conformity with the goals set forth in subsection 12-11A-3A of this article.

      4.   Locating any tower in a zoning district other than the village manufacturing districts, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the planning and zoning commission concludes the tower is in conformity with the goals set forth in subsection 12-11A-3A of this article and the requirements of subsections 12-11A-3D, E and F of this article; the tower is to be set back from any existing off site residence a distance equal to the height of the tower; and that the tower meets the following height and usage criteria:

         a.   For a single user, up to ninety feet (90') in height;

         b.   For two (2) users, up to one hundred twenty feet (120') in height; and

         c.   For three (3) or more users, up to one hundred fifty feet (150') in height. (2005 Zoning Code)

   A.   General: The following provisions shall govern the issuance of special use permits:

      1.   If the tower or antenna is not a permitted use under section 12-11A-4 of this article or permitted to be approved administratively pursuant to section 12-11A-5 of this article, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

      2.   In granting a special use permit, the governing authority may impose conditions to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

      3.   Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

   B.   Information Required: Each applicant requesting a special use permit under this article shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the governing authority to be necessary to assess compliance with this article.

   C.   Factors Considered In Granting Special Use Permits: The governing authority shall consider the following factors in determining whether to issue a special use permit, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if the governing authority concludes that the goals of this article are better served thereby:

      1.   Height of the proposed tower;

      2.   Proximity of the tower to residential structures and residential district boundaries;

      3.   Nature of uses on adjacent and nearby properties;

      4.   Surrounding topography;

      5.   Surrounding tree coverage and foliage;

      6.   Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

      7.   Proposed ingress and egress; and

      8.   Availability of suitable existing towers and other structures as discussed in subsection D of this section.

   D.   Availability Of Suitable Existing Towers Or Other Structures: No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

      1.   No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

      2.   Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

      3.   Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

      4.   The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

      5.   The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

      6.   The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

   E.   Setbacks And Separation: The following setbacks and separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the governing authority may reduce the standard setbacks and separation requirements if the goals of this article would be better served thereby:

      1.   Towers must be set back a distance equal to the height of the tower from any off site residential structure.

      2.   Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.

      3.   In zoning districts other than industrial or heavy commercial zoning districts, towers over ninety feet (90') in height shall not be located within one-fourth (1/4) of a mile from any existing tower that is over ninety feet (90') in height.

   F.   Security Fencing: Towers shall be enclosed by security fencing not less than six feet (6') in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the governing authority may waive such requirements, as it deems appropriate.

   G.   Landscaping: The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the governing authority may waive such requirements if the goals of this article would be better served thereby:

      1.   Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet (4') wide outside the perimeter of the compound.

      2.   In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

      3.   Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large wooded lots, natural growth around the property perimeter may be a sufficient buffer. (2005 Zoning Code)

Any antenna or tower that is not operated for a continuous period of six (6) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the governing authority may remove such antenna or tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. (2005 Zoning Code)

   A.   Definitions:

    ADULT USES: This term shall be defined as "adult bookstores and adult film/video stores", "adult motion picture theaters", and "adult minimotion picture theaters" as defined below, or other similar establishments.

      Adult Bookstore Or Adult Film/Video Store: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, films or videos for rental, sale or viewing on premises by use of motion picture devices or any other coin operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas", or an establishment with a segment or section devoted to the sale or display of such material.

      Adult Entertainment Cabaret: A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features dancers, strippers, models or similar entertainers which are characterized by the exposure of specified anatomical areas.

      Adult Minimotion Picture Theater: An enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

      Adult Motion Picture Theater: An enclosed building with a capacity of fifty (50) or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

   SPECIFIED ANATOMICAL AREAS: In connection with adult uses, means:

      1.   Less than completely and opaquely covered: a) human genitals, pubic region; b) buttocks; and c) female breasts below a point immediately above the top of the areola; and

      2.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   SPECIFIED SEXUAL ACTIVITIES: In connection with adult uses, means:

      1.   Human genitals in a state of sexual stimulation or arousal.

      2.   Acts or representation of acts of human masturbation, sexual intercourse or sodomy.

      3.   Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.

   B.   Prohibition: No use hereinabove defined as an "adult use" shall be permitted in any residence district (R-1, R-2, R-3 and R-4) or in any business district (B-1, B-2, B-3 and B-4). (2005 Zoning Code)

A use defined in subsection 12-11B-1A of this article as an "adult use" shall be allowed as a permitted use in the M-1 or M-2 manufacturing districts, provided there is compliance with all general requirements and district requirements applicable to manufacturing districts generally (chapter 8 of this title); and further provided, that there is compliance with the conditions set forth in section 12-11B-3 of this article. (2005 Zoning Code)

   A.   License: A license must be obtained for all adult uses, and such establishment must comply will all village ordinances.

   B.   Minors: No person under the age of twenty one (21) years shall be allowed on the premises where an adult use is conducted.

   C.   Manager: During the hours or operation of an adult use, there shall be present a manager or other employee responsible for the operation of the premises who shall not be under the age of twenty one (21) years.

   D.   Alcoholic Beverages: No adult use shall be located on premises for which any license to sell alcoholic liquor has been issued.

   E.   Uses Separated: All adult uses shall be separated from one another by a distance of at least five hundred feet (500').

   F.   Location Near Schools, Churches, Playgrounds:

      1.   No adult use shall be located within one thousand feet (1,000') of any property on which a preexisting public or private school, place of worship, park or public playground is located, or within one thousand feet (1,000') of any property zoned for any residence district (R-1, R-2, R-3 and R-4), or for any business district (B-1, B-2, B-3 and B-4).

      2.   Such distances shall be measured along a straight line without regard to intervening structures or uses from the nearest property line of the adult use to the nearest property line of such preexisting use or property zoned as residential district or business district.

   G.   Location On Main Thoroughfares: No adult use shall be located on a main thoroughfare where there are businesses or offices in which the public frequents on a regular basis and where minor children may also frequent.

   H.   Booths: Any adult use establishment which contains booths for individual viewing of books, magazines, pictures, videos, motion pictures, or the like shall have at least one side of the booth open for view to an adjacent public room. Partitions comprising the other walls of the booths shall be solid with no apertures. (2005 Zoning Code)

Any use of property, defined in section 12-11B-1 of this article as an "adult use" as of the effective date hereof which shall become nonconforming under the terms, provisions, and regulations hereof may be continued for four (4) months after the effective date hereof whether said use is contained in a residence district, business or manufacturing district. Thereafter, the adult use shall be eliminated. Any request for an extension not to exceed two (2) months shall be made before the planning and zoning commission and shall be granted only upon a showing of good cause and financial hardship. (2005 Zoning Code)

It is hereby declared to be the intention of the president and board of trustees that the several provisions of this article are separable, in accordance with the following:

   A.   If any court of competent jurisdiction shall adjudge any provision of this article to be invalid, such judgment shall not affect any other provisions of this article not specifically included in said judgment.

   B.   If any court of competent jurisdiction shall adjudge invalid the application of any provisions of this article to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment. (2005 Zoning Code)

   A.   It shall be unlawful for any person, firm or corporation operating an adult use within the village to fail to comply with the conditions and regulations set forth in this article, or to suffer or permit noncompliance with such provisions.

   B.   Any person, firm or corporation convicted of any violation of this article shall be subject to a fine of seven hundred fifty dollars ($750.00) for each violation. Each day that a violation exists shall be deemed a separate violation. (2005 Zoning Code)

 

No person shall locate, operate, own, suffer, allow to be operated or aide, abet or assist in the operation of any recreational cannabis business establishment within the Village, and the following recreational cannabis business establishments are prohibited within the Village:

   Recreational Cannabis Craft Grower Recreational Cannabis Cultivation Center

   Recreational Cannabis Dispensary

   Recreational Cannabis Infuser

   Recreational Cannabis Processor

   Recreational Cannabis Transporter (Ord. 19-63, 11-5-2019)

The location or operation of any prohibited recreational cannabis business establishment within the Village in violation of the provisions of this Article is hereby declared a public nuisance and shall be abated pursuant to all available remedies. (Ord. 19-63, 11-5-2019)