A.

The requirements set forth in this Chapter shall govern towers, antenna support structures, telecommunications and personal wireless service facilities requiring a special use but shall not pertain to small wireless facilities as set forth and covered by Chapter 12.22 of this Code.

B.

This Chapter shall not govern any tower, or the installation of any antenna, that is sixty feet or less in height, and is used only for non-commercial purposes.

(Ord. 2004-100 § 3 (part), 2004)

(Ord. No. 2018-036, § 4, 7-16-2018; Ord. No. 2023-157, § 1(Exh. B), 12-4-2023)

A.

The purpose of this Chapter is to provide regulations for the placement of commercial personal wireless communications facilities, including cellular antennas and towers.

B.

The provisions of this Chapter are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this Chapter be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent personal wireless services. To the extent that any provisions of this Chapter are inconsistent with or in conflict with any other provision of this Title, the provisions of this Chapter shall be deemed to control.

(Ord. 2004-100 § 3 (part), 2004)

A.

Petitions requiring a special use pursuant to this Chapter shall be filed with the Village Clerk for review by the Corporate Authorities and consideration of referral to the Planning and Zoning Commission for review and public hearing. The Planning and Zoning Commission shall act within a reasonable period of time after the petition is referred by the Corporate Authorities. Upon completion of the review and public hearing, the Planning and Zoning Commission shall forward its recommendation, including appropriate findings of fact, to the Corporate Authorities. A recommendation to deny a petition shall be in writing and shall be based on the evidence presented.

B.

In the event that a tower requires a height in excess of the maximum building height allowed in this Title for the specific zoning district of a proposed site, the petitioner shall request a variation of the applicable zoning standard. The Planning and Zoning Commission is authorized, pursuant to direction from the Corporate Authorities, to conduct a review and public hearing and whether to recommend a variation of said height standard. Upon completion of the review and public hearing, the Planning and Zoning Commission shall forward its recommendation, including appropriate findings of fact, to the Corporate Authorities. A recommendation to deny a petition shall be in writing and supported by evidence contained in a written record.

C.

In the event that application of this Chapter has the alleged effect of prohibiting a person or entity from providing personal wireless service or other telecommunications service to all or a portion of the Village, said person or entity may petition the Corporate Authorities for an amendment of this Chapter in the manner provided in Chapter 17.64. The Corporate Authorities shall, upon receipt of such a petition, undertake review of the petition and make a determination on the petition within a reasonable period of time, taking into account the nature and scope of the petition. A decision to deny such petition shall be in writing and supported by substantial evidence contained in a written record.

(Ord. 2004-100 § 3 (part), 2004)

(Ord. No. 2014-43, § 26, 6-16-2014)

In considering a petition for a special use, including variations, the Planning and Zoning Commission and Corporate Authorities shall apply the criteria and standards set forth in this Chapter, including the following:

A.

The petitioner shall comply with the requirements set forth in Chapter 17.28;

B.

The petitioner shall provide to the Village an inventory of all existing towers within the Village and within one-mile of the Village's boundaries, including the location, height service coverage area and capacity for collocation of each tower;

C.

The petitioner shall provide written documentation concerning the need for the facility at the proposed location and the contribution that the facility will make concerning the improvement of service in the area;

D.

The petitioner shall provide written documentation concerning compliance with applicable FCC regulations and identifying any adverse environmental effects that would be created by the facility;

E.

The petitioner shall provide written documentation that the facility will not create interference for existing communications transmissions nor disrupt or interfere with police, fire and public safety communications;

F.

The petitioner shall provide a cash bond or letter of credit to the Village equivalent to one hundred twenty-five percent of the sum of the estimated cost of maintenance for a ten-year period and the cost of removal and disposal of the entire installation;

G.

In considering a petition for a special use, including variations, the Planning and Zoning Commission and Corporate Authorities may require that the petitioner shall allow, on a commercially reasonable basis, other providers of telecommunications services to collocate additional personal wireless service facilities on a free-standing tower or antenna support structure, if such collocation is feasible;

H.

The design and placement of freestanding telecommunications facilities, including towers and antenna support structures shall comply with the following requirements:

1.

The visual design elements of telecommunications facilities shall be subject to review as set forth in the Village Appearance Plan;

2.

Height. The petitioner shall demonstrate that the antenna height is the minimum required to provide satisfactory operation of the personal wireless facilities or other telecommunications equipment;

3.

Color. Towers, antennas and other support structures shall be required to blend into the surrounding environment including a finish color to minimize visibility;

4.

Compatibility. Antennas shall be mounted on towers or other support structures in a manner providing the smallest possible silhouette, profile or cross-section. Towers, other support structures and equipment shall be architecturally compatible with adjacent buildings, structures and land uses to the extent possible. The petitioner shall make all reasonable efforts to minimize the visual impact by using "alternative tower" design including camouflage and stealth techniques. Existing vegetation shall be preserved and enhanced and disturbance of existing topography shall be minimized. In the event that relocation of vegetation or modification of topography would result in greater compatibility with adjacent buildings and land uses and less visual impact, said changes may be allowed by the Village;

5.

Equipment Structures. All ground level equipment structures shall comply with the Village Building Code. Structures shall be designed to blend in with the surrounding environment and buildings. Structures shall have a conventional peaked roof unless an alternative design would be more compatible with adjacent buildings as determined by the Village. Structures shall be screened from view by non-deciduous vegetation at least six feet in height, except where alternative screening would be more appropriate as determined by the Village. The floor area of ground level equipment structures shall not exceed three hundred square feet and the height shall not exceed fifteen feet. Structures providing space for multiple users may exceed three hundred square feet as approved by the Village. Multiple ground level equipment structures shall be prohibited;

6.

Fencing. To discourage unauthorized access and to minimize any danger to persons, all towers and other antenna support structures and ground-level equipment structures shall be enclosed by fencing at least six feet in height and otherwise meeting the requirements of this Title and Chapter 15.20, Village Fence Code;

7.

Lights and Signage. Lights, signals and/or signs of any kind are prohibited on any tower or other antenna support structure, personal wireless facilities, equipment structure and fencing, unless required by the FAA, FCC and/or other applicable authority;

8.

Off-street parking. Paved off-street parking shall be provided as necessary to accommodate the vehicles necessary to service a telecommunications or personal wireless facility. The design and location of said paving is subject to applicable Village regulations;

9.

Towers and other support structures shall be constructed to applicable standards of the Electronic Industries Association, FAA and FCC, as well as, applicable Village codes;

10.

Only one ground level tower or antenna support structure shall be permitted on a zoning lot, unless it is determined by the Village that multiple towers would he an appropriate use for a specific location and would be compatible with adjacent properties;

11.

Ground-level towers and other antenna support structures one hundred feet or greater in height shall be separated by a distance of at least one thousand feet unless the Village determines that closer spacing is appropriate;

I.

Any installation that is not operated for a continuous period of six months shall be considered to be abandoned. The owner of such installation shall remove same within thirty days of the mailing of written notice of abandonment to owner's address as filed with the Village. If owner fails to remove an abandoned installation with thirty days of notice by the Village, then the Village may effectuate said removal at the owner's expense. For the purposes of this section, "installation" includes the combination of antenna, tower, support building and related structures and improvements which collectively allow the reception and re-transmission of telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves.

J.

No public utility service which satisfies the definition of personal wireless service facility, including towers and other antenna support structures, shall be permitted in any zoning district in the Village unless said facility complies with all applicable federal laws and regulations concerning its use and operation.

(Ord. 2004-100 § 3 (part), 2004)

(Ord. No. 2014-43, § 26, 6-16-2014)