(1)    Location. 

A.   No new wireless communications tower will be allowed within a two thousand five hundred (2,500) foot radius of an existing wireless tower. The Planning Commission may waive this requirement with the approval of Council for the purpose of the clustering of towers so long as the towers are visually compatible with the surrounding neighborhood.

B.   The location of the tower and equipment building shall comply with all natural resource protection standards established in this chapter - including floodplain, wetlands and steep slope regulations.

(2)    Area. A minimum lot area of one (1) acre shall be required for a tower. In addition, lot area shall be sufficient to provide for all requirements of setbacks, yards, and building coverage as specified in the underlying zoning district.

(3)    Tower Type. Monopole or lattice wireless communication towers, which do not utilize guy wires, and their associated supporting buildings shall be allowed in the Village. A wireless telecommunications tower which is supported by guy wires shall only be permitted if the applicant can prove that a monopole or lattice tower not requiring guy wires is not reasonably feasible, due to noneconomic reasons, such as specific site conditions, or is required to provide wireless communications to a specific area that cannot be served by a guyless monopole tower. In the event guy wires are required to support the wireless telecommunications tower, the guy wires shall be considered part of the wireless telecommunications facility and shall meet all setback and yard requirements.

A.   A landscaped buffer area of not less than fifteen (15) feet in depth shall be placed between the wireless telecommunication facilities and the public rights-of-way and any adjacent properties from which a direct view can be had of the facilities, other than the tower itself.

B.   The fifteen (15) foot landscaped buffer area shall consist of an evergreen screen of either a solid six (6) foot hedge, or a row of evergreen trees planted and spaced no more than ten (10) feet apart. These trees and shrubs shall be planted in any configuration which will best serve to buffer the site.

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

(8)    Compatibility.

A.   To the maximum extent possible, the entire facility must be aesthetically and architecturally compatible with the environment. The use of residentially compatible exterior materials such as wood, brick, or stucco is required for associated equipment buildings, which shall be designed to architecturally match the exterior of structures within the neighborhood. In no case will metal or concrete block exteriors be allowed for accessory buildings.

B.   The tower itself must be of such design and treated with an architectural material so that it is camouflaged or blends in with surrounding uses so as to be visually compatible with the neighborhood. 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)    Co-Location. No new wireless communication facility may be erected if there is a technically suitable space for a wireless communication facility available on an existing wireless communication tower within the applicant's search area in which the new wireless communication antenna is to be located. With the permit application, the applicant shall list the location of every tower, building or structure that could support the proposed antenna so as to allow it to serve its intended function.

   The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure and include the reasons therefor. If another communication tower is technically suitable, the applicant must show that it has requested to co-locate on the existing tower and the co-location request was rejected by the owner of the tower along with the reasons for said rejection. In all circumstances, owners of existing towers shall promptly respond to requests for co- location, but in no event shall they respond in more than thirty (30) days from the date of receipt of written request for co-location. If another communication tower is technically suitable, the applicant must further show that it has offered to allow the owner of the other tower to co-locate an antenna on the applicant's tower on reciprocal terms and that the offer was not accepted.

(10)    Arbitration of co-location disputes. As an additional condition of issuing the permit to construct and operate the tower in the Village, the owner/operator of the tower is required to sign a statement that all disputes with other providers concerning co-location and the terms and conditions of co-location shall be submitted to commercial arbitration under a system selected by the parties but if the parties are unable to agree, then under the auspices of the Commercial Arbitration Provision of the American Arbitration Association.

(11)    Discontinued use. If at any time the use of the facility is discontinued for one hundred and eighty (180) days, a designated local official may declare the facility abandoned. The facility's owner/operator will be contacted and instructed to either reactivate the facility's use within one hundred and eighty (180) days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the permit will expire on the three hundred and sixty first (361st) day. In the event that a facility is abandoned, the Village reserves the right, after written notice to the owner, to claim all right, title and interest in said facility for what ever use it deems appropriate.

A.   Advertising. No advertising is permitted anywhere on the facility.

B.   Lighting. The tower shall not be artificially lighted except to assure safety or as required by the FAA.

C.   Signage. Warning signs shall be posted around the facility with an emergency telephone number of whom to contact in the event of an emergency.

(15)    Approvals. An application must be considered and approved by the Planning Commission and Village Council with a subsequent Building Permit issued by the Building Inspector.

(1)    Sole use on a lot. A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:

A.   Minimum yard requirements. The minimum distance from a parcel on which a tower is proposed to any single-family use or district lot line shall be five hundred (500) feet. The minimum distance from a parcel on which a tower is proposed to a school/day care center/public park/residential lot line shall be five hundred (500) feet. The minimum distance from a parcel on which a tower is proposed to any nearby structure not previously stated in this subsection shall be equal to the height of the tower. All side, rear and setback requirements must be met.

B.   The maximum height of a tower, including antenna, shall be that which does not require identification markers or painting by the Federal Aviation Administration.

(2)    Combined with another use. A wireless telecommunications facility is permitted on a property with an existing use, or on a vacant parcel subject to the following conditions:

A.   The existing use on the property may be any permitted use in the district or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider.

B.   The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.

C.   The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment building, security fence and buffer planting. If the title to the land on which the wireless telecommunications facility is located is conveyed to the owner of the telecommunications facility, the land remaining with the principal lot shall continue to comply with the minimum lot area of the district.

D.   Minimum yard requirements. The minimum distance from a tower to nearby structures shall be equal to the height of the tower. The minimum distance from a parcel on which a tower is proposed to school/day care center/public park/residential lot line shall be three hundred (300) feet.

(3)    Combined with an existing structure. Where possible, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:

A.   The maximum height of such a facility shall be twenty (20) feet or twenty percent (20%) of the building height above the existing building or structure, whichever is greater.

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

1.   The minimum setback requirements for the subject zoning district.

2.   A buffer yard shall be planted in accordance with subsection (a)(7) hereof.

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

C.   Elevations of existing and proposed structures showing width, depth, height of the telecommunications facility and the statistical use date on the antenna and support structure shall be presented.

(1)    Documentation demonstrating that the height of the tower is the minimum necessary for operation.

(2)    Documentation that the tower is designed in accordance with the standards established in the Use Regulations section of this chapter for wireless telecommunications towers.

(3)    Documentation demonstrating that the proposed tower complies with all state and federal laws and regulations.

(4)    A current certified survey showing existing lots and property boundaries, streets, rights of way, servitudes, utilities, buildings and building setbacks, surrounding streets, and important physical features on the site, total square footage of the site and lot, permanent parcel number, and name of subdivision, if applicable.

(5)    A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to the Municipality to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.

(1)    A wireless facility may be permitted as a conditional use in a commercial, industrial, light manufacturing, or motor service district. In order to be considered for review, the applicant must prove that a newly-constructed tower is necessary and that opportunities for co-location on an existing tower is not feasible. Such an analysis shall include, but may not be limited to the following procedure and submissions:

A.   Provide the Commission with a list of the location of every tower, building, or structure that could support the antenna so as to allow it to serve its intended function.

B.   Demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure.

(2)    The following items must be submitted to the Planning Commission, along with the application, as a pre-requisite for the application to be considered for review:

A.   Documentation demonstrating that the height of the tower is the minimum necessary for operation.

B.   Documentation that the tower is designed in accordance with the standards established in the Use Regulations section of this chapter for wireless telecommunications towers.

C.   Documentation demonstrating that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.

D.   A current certified survey showing existing lots and property boundaries, streets, rights of way, servitudes, buildings and building setbacks, surrounding streets, and important physical features on the site, total square footage of the site and lot, permanent parcel number, and name of subdivision, if applicable.