A.   It is the intent of this chapter to provide rules and regulations for the size, placement and screening of antenna structures/earth satellite stations within the village.

   B.   The village has already taken numerous actions as part of a comprehensive strategy to create an aesthetically pleasing environment through extensive regulations pertaining to signage, landscaped public rights of way, landscaped setbacks and perimeter yards of zoning lots in business districts, screening of off street parking and loading facilities, and screening of rooftop mechanical equipment.

   C.   The physical characteristics of antenna structures/earth satellite stations make it necessary and essential to regulate such devices in order to further the aesthetic and safety objectives of the village, specifically to:

      1.   Promote the public health, safety and welfare of the community;

      2.   Provide sufficient space in appropriate locations for such residential and commercial use of antenna structures/earth satellite stations; and

      3.   Promote an orderly visual environment and protection of adjacent property values through screening of antenna structures/earth satellite stations from adjacent properties and public and private rights of way. (Ord. 92-77, 11-23-1992)

   A.   This chapter shall not apply to any antenna structure/earth satellite station that was erected or which was approved by the village prior to the effective date hereof; provided, however, that this chapter shall apply if the location of such an antenna structure/earth satellite station is changed, or if such an antenna structure/earth satellite station is increased in size or height, or if such antenna structure/earth satellite station is modified or repaired and the cost of such modification or repair exceeds fifty percent (50%) of the value of the antenna structure/earth satellite station. Before the location of an antenna structure/earth satellite station for which a permit has been issued can be changed, and before the size or height of an antenna structure/earth satellite station for which a permit has been issued can be increased, a new antenna structure/earth satellite station permit must be obtained.

   B.   The specific terms and conditions of this chapter shall prevail against other existing ordinances of the village to the extent that there might be any conflict.

   C.   Except for the limitation of subsection B of this section, the development of the subject property is subject to all terms and conditions of applicable ordinances and regulations of the village including, without limitation, this title and the building codes, subdivision regulations and regulations concerning the construction and design of public improvements. (Ord. 92-77, 11-23-1992)

For the purpose of this chapter, the following words and terms shall have the meanings ascribed to them in this section:

ANTENNA: A device, other than an earth satellite station, used for transmitting or receiving microwaves, radio waves (including, but not limited to, radio and television signals) and other electromagnetic energy signals.

ANTENNA STRUCTURE: The combination of an antenna and antenna tower.

ANTENNA TOWER: Any mast, pole, tripod or similar structure utilized to support an antenna.

EARTH SATELLITE STATION: An apparatus or device which includes a main reflector, subreflector, feed, amplifier and support structure that has been designed for the purpose of transmitting and/or receiving of microwave, television, radio, satellite, or other electromagnetic energy signals into or from outer space, but does not include conventional television, radio and amateur radio antennas.

HEIGHT: Either:

   A.   The vertical distance measured from the ground level or to the top of a ground supported antenna structure/earth satellite station in either residential or nonresidential districts, when the antenna structure/earth satellite station is extended to its fullest height; or

   B.   The distance measured from the surface of the roof to the top of the antenna structure/earth satellite station in a nonresidential district, when the antenna structure/earth satellite station is extended to its fullest height.

MAIN REFLECTOR: That part of an earth satellite station which, absent any protective covering, is dish shaped, parabolic, spherical or conical in configuration and design and which has been designed for the reception and/or transmission of microwave, television, radio or other electromagnetic energy signals.

PARAPET: The extension of the main walls of a building above the roof level.

VILLAGE: The municipal corporation of Bloomingdale, Illinois, including its associated elected and appointed officials, officers and staff. (Ord. 92-77, 11-23-1992)

An antenna structure/satellite station shall be permitted in any zoning district as an accessory use, subject to the provisions contained in this chapter. (Ord. 92-77, 11-23-1992)

   A.   Permit Required: The following shall not be constructed, erected or maintained within the village unless an antenna structure/earth satellite station permit has been issued by the village:

      1.   An earth satellite station;

      2.   A freestanding antenna structure; or

      3.   An antenna structure which is attached to a building and which extends more than five feet (5') above the highest point of the building to which the antenna is attached.

   B.   Application For Permit; Issuance:

      1.   An application for an antenna structure/earth satellite station permit shall be filed with the village clerk on a form prescribed by the president and village board of trustees. The following materials and information shall accompany the application:

         a.   Site information, including:

            (1)   The names and addresses of the applicant and owner of the property upon which the antenna structure/earth satellite station is to be located;

            (2)   A copy of a plat of survey by a registered surveyor, including a legal description of the subject property; and

            (3)   Pictures of the proposed location of the antenna structure/earth satellite station, including its surroundings, and an illustration of the proposed antenna structure/earth satellite station;

         b.   A copy of the manufacturer's specifications;

         c.   The name and address of the person or persons who will be erecting, constructing or installing the antenna structure/earth satellite station;

         d.   A certified statement from a technologically qualified representative of the manufacturer or an independent engineer indicating:

            (1)   Any technological reasons why the antenna structure/earth satellite station must be located at a particular point on the property, or indicating any limitations as to its specific location on the lot; and

            (2)   Intended transmission/reception capabilities and type of data transmitted/received and a statement of proposed measures to mitigate the effects of any harmful signals which may be emitted from the antenna structure/earth satellite station, if applicable, which may or may not include enclosing the antenna structure/earth satellite station with a fence;

         e.   A site plan, if the antenna structure/earth satellite station is ground supported in accordance with section 11-15-7 of this chapter, illustrating:

            (1)   Date, scale and north arrow;

            (2)   The exact location of the proposed antenna structure/earth satellite station;

            (3)   The height of the proposed antenna structure/earth satellite station and the diameter of the main reflector, if applicable;

            (4)   Location of utilities and overhead wires;

            (5)   The proposed direction in which the antenna structure/earth satellite station will be faced, if applicable;

            (6)   Location and size of all buildings and structures, both existing and proposed;

            (7)   Existing and proposed fencing, berms, plantings or other barriers which will be used to provide protection and screening of the antenna structure/earth satellite station from view of adjoining properties and public or private rights of way;

            (8)   Yards and spaces between all structures; and

            (9)   Location and dimensions of all fences and walls.

         f.   Drawings and other site information, if the antenna structure/earth satellite station is roof mounted in a nonresidential zoning district, in accordance with section 11-15-8 of this chapter, illustrating:

            (1)   Date, scale and north arrow.

            (2)   The exact location of the proposed antenna structure/earth satellite station.

            (3)   The height of the proposed antenna structure/earth satellite station and the diameter of the main reflector, if applicable.

            (4)   Location of utilities and overhead wires.

            (5)   The proposed direction in which the antenna structure/earth satellite station will be faced, if applicable.

            (6)   Location and size of all buildings and structures, both existing and proposed.

            (7)   Elevations of the roof parapet and surface to which the earth satellite station will be mounted; and

            (8)   Sightline drawings, if determined to be necessary by the village.

         g.   Any other additional information that may be requested by the village.

      2.   All applications for an antenna structure/earth satellite station permit shall include a statement in writing by the applicant showing that the proposed installation of the antenna structure/earth satellite station shall conform to all standards and specifications contained in this chapter.

      3.   No permit for an antenna structure/earth satellite station in any zoning district shall be issued unless all information required by this subsection has been furnished by the applicant. (Ord. 92-77, 11-23-1992)

   C.   Fee And Deposit:

      1.   Permit Fee: A building permit fee as established by the village board of trustees shall be paid by the applicant for an antenna structure/earth satellite station permit.

      2.   Deposit:

         a.   In addition to the permit fee, the applicant shall agree to deposit a sum as established by the village board of trustees to cover the cost of review services provided by the village. (Ord. 92-77, 11-23-1992; amd. 2012 Code)

         b.   Any unused portion of the deposit shall be returned to the applicant.

         c.   If the cost of review services exceeds the amount of deposit, sufficient additional funds shall be deposited before an antenna structure/earth satellite station permit shall be issued.

   D.   Conditions Of Permit: All antenna structures/earth satellite stations must be constructed and maintained in accordance with any conditions that are placed on the issuance of the antenna structure/earth satellite station permit. (Ord. 92-77, 11-23-1992)

The following regulations shall apply in all zoning districts:

   A.   Location And Number:

      1.   The specific location of an antenna structure/earth satellite station shall be subject to the determination of the village. Placement shall be based upon the ability to minimize visual impacts to any adjacent properties or public rights of way, while at the same time maintaining sightlines required for the operation of the antenna structure/earth satellite station;

      2.   Location of existing fences, berms, landscaping and/or structures which would augment screening will be taken into consideration by the village when determining the placement of an antenna structure/earth satellite station on any lot;

      3.   Only one antenna structure/earth satellite station shall be permitted on the applicant's property; and

      4.   All antenna structures/earth satellite stations shall be located so that they do not constitute a potential hazard to utility lines.

   B.   Wires And Cables: All wiring and connecting cables between an antenna structure/earth satellite station and the principal building shall be buried underground.

   C.   Screening:

      1.   Views of ground supported antenna structures/earth satellite stations from adjacent residential and institutional properties and public and private rights of way shall be effectively screened on all sides through the use of fences, berms, plant materials, or other structures as shown in subsection 11-15-11A, figures 1, 2 and 3 of this chapter;

      2.   Plant materials to be used for screening shall consist of both tall and low deciduous and evergreen plants, selected from an approved list of materials as specified in subsection 11-15-11B of this chapter, unless the written approval of the village is obtained. The placement of approved plant materials shall be as shown in subsection 11-15-11A, figures 4 and 5 of this chapter;

      3.   Existing plant materials may be incorporated into the required screening of antenna structures/earth satellite stations with allowances for such plant materials to be granted at the discretion of the village;

      4.   Plant materials shall be installed to achieve a six foot (6') high screen and shall be spaced as specified in subsection 11-15-11B, tables 1 and 2 of this chapter;

      5.   All materials used for the purpose of screening must be maintained in good condition in order to minimize the visibility of antenna structures/earth satellite stations;

      6.   Proposed plans for effectively screening antenna structures/earth satellite stations shall be subject to the review and approval by the village; and (Ord. 92-77, 11-23-1992)

      7.   Plant materials to be used for screening shall be installed immediately upon erection of the antenna structure/earth satellite station, or if said plant materials cannot be installed due to inclement weather, the applicant shall post a bond or cash deposit, per tree, in an amount to be determined by the Building Commissioner, refundable upon tree installation. (Ord. 92-77, 11-23-1992; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

   D.   Color And Advertising:

      1.   All antenna structures/earth satellite stations shall be neutral in color and be compatible with the existing elements and characteristics of the property; and

      2.   Advertising of any kind shall not be permitted on an antenna structure/earth satellite station.

   E.   Use:

      1.   An antenna structure/earth satellite station in a residential district shall only be used by residents of the principal building on the applicant's property;

      2.   All antenna structures/earth satellite stations must be constructed and maintained in accordance with the manufacturer's specifications;

      3.   Any connections, by cable or otherwise, to adjacent properties shall constitute a violation of the terms and conditions of this section and sections 11-15-7 and 11-15-8 of this chapter, and shall be subject to the provisions contained in section 11-15-10 of this chapter; and

      4.   The construction and operation of an antenna structure/earth satellite station shall fully comply with all applicable Federal and State Statutes, regulations and requirements, including those pertaining to safety levels of radio frequency and electromagnetic fields with respect to human exposure. (Ord. 92-77, 11-23-1992)

The following regulations shall apply in residential zoning districts:

   A.   Location: An antenna structure/earth satellite station shall be erected only on the ground in a secure, nonmobile fashion, subject to the following:

      1.   Antenna structures/earth satellite stations shall be located in a rear yard only, and shall not be closer to any property line than the height of the antenna structure/earth satellite station, but never less than eight feet (8') from any property line;

      2.   An anchor for a guywire or cable, however, may be located in an interior side or rear yard, provided it is not closer than five feet (5') to such property line, and it is clearly visible and protected to prevent injury;

      3.   Antenna structures/earth satellite stations shall be located in one of three (3) areas within a rear yard:

         a.   Within an area entirely behind a principal building, but not more than twenty feet (20') from the exterior wall of said principal building, as measured from the pole/vertical support of the antenna structure/earth satellite station to the principal building's wall (see subsection 11-15-11A, figure 1 of this chapter);

         b.   Near the corner of a rear yard, so that the antenna structure/earth satellite station is located no closer than the height of the antenna structure/earth satellite station, but never less than eight feet (8') from the side and rear lot lines. Distances shall be measured from the pole/vertical support of the antenna structure/earth satellite station to the side and rear lot lines (see subsection 11-15-11A, figure 2 of this chapter); and

         c.   Within an area on that side of an accessory structure which faces the interior of the lot, but not more than fifteen feet (15') away from the exterior wall of the accessory structure, as measured from the pole/vertical support of the antenna structure/earth satellite station to the exterior wall of the accessory structure (see subsection 11-15-11A, figure 3 of this chapter).

   B.   Size:

      1.   The height of an antenna structure/earth satellite station shall not exceed fifteen feet (15'); and

      2.   The diameter of the main reflector of an earth satellite station shall not exceed twelve feet (12'). (Ord. 92-77, 11-23-1992)

   A.   Earth Satellite Stations:

      1.   In business, manufacturing, office, hotel-motel resort and recreational, and business park zoning districts, an earth satellite station may be erected either on the ground or on the roof of the principal building, in a secure, nonmobile fashion. If the earth satellite station is to be ground mounted, the regulations in section 11-15-7 of this chapter shall apply. If an earth satellite station is to be roof mounted, it shall be subject to the following:

         a.   It shall be fully screened from public view on all sides of the building. Screening shall be accomplished by the roof or parapet walls as shown in section 11-15-11, figure 6 of this chapter. However, if the earth satellite station is to be installed on a multi-tenant retail center, where roof mounted mechanical equipment already exists, and screening has been provided on only three (3) sides of the building, screening on the fourth side shall not be required. This exception shall not, however, apply to single-tenant structures. (Ord. 92-77, 11-23-1992)

         b.   The earth satellite station shall be so constructed and installed to withstand the wind load, ice load and other forces, as provided under the village building code, and in that respect, shall be subject to the review and approval of the village.

         c.   All applications shall include certification by an engineer, registered in the state of Illinois, that the proposed installation complies with those standards listed in the village building code. Furthermore, written documentation of such compliance, including load distributions within the building's support structure, shall be furnished. (Ord. 92-77, 11-23-1992; amd. 2012 Code)

      2.   However, if the earth satellite station is to be installed on a multi-tenant retail center where roof mounted mechanical equipment already exists and screening has been provided on only three (3) sides of the building, screening on the fourth side shall not be required. This exception shall not, however, apply to single-tenant structures.

   B.   Antenna Structures: In business, manufacturing, office, hotel-motel resort and recreational, and business park zoning districts, a ground supported antenna structure may be erected subject to the following:

      1.   The height shall not exceed forty feet (40'); and

      2.   The antenna tower, or base, shall be screened subject to subsection 11-15-6C of this chapter. (Ord. 92-77, 11-23-1992)

   A.   The planning and zoning commission shall decide upon authorized variations of the provisions of this chapter and shall grant them only in the specific instances where there are demonstrated practical difficulties or particular hardships in implementing the regulations of this chapter. (Ord. 92-77, 11-23-1992; amd. Ord. 2014-48, 10-27-2014)

   B.   Any individual, firm, or corporation applying for a variation shall be subject to the procedures contained in section 11-3-6 of this title; except, that the applicant shall not be required to pay any additional review fees as stated in subsection 11-15-5C2 of this chapter. (Ord. 92-77, 11-23-1992)

   C.   The decision by the planning and zoning commission to grant a variation in the regulations specified in sections 11-15-6, 11-15-7 and 11-15-8 of this chapter shall be based upon the criteria listed below: (Ord. 92-77, 11-23-1992; amd. Ord. 2014-48, 10-27-2014)

      1.   Whether the proposed antenna structure/earth satellite station will have an adverse effect upon the ability of the persons who own, occupy or reside on nearby properties to use and enjoy their properties;

      2.   Whether the antenna structure/earth satellite station will constitute a hazard to the safety of persons or property;

      3.   Whether the proposed antenna structure/earth satellite station will have an adverse effect on the value of nearby properties;

      4.   Whether the proposed antenna structure/earth satellite station has been adequately screened from view of adjacent properties and public and private rights of way; and

      5.   Whether the proposed antenna structure/earth satellite station will be detrimental to the public welfare. (Ord. 92-77, 11-23-1992)

Any person causing or allowing a violation of the terms and conditions of this chapter to occur shall, upon conviction, be punishable as provided in section 1-4-1 of this code for each offense. In addition, the village may pursue such other remedies as shall be appropriate to prevent the violation of this chapter. (Ord. 92-77, 11-23-1992; amd. 2012 Code)

   A.   Appendix A, Diagrams:

   B.   Appendix B, Plants Permitted For Screening:

   TABLE 1. TALL SCREENING PLANT MATERIAL1

 

Note:

   1.    May be installed on a berm to achieve a 6 foot high screen.

   TABLE 2. LOW SCREENING PLANT MATERIAL

 

(Ord. 92-77, 11-23-1992)