A.   The purpose of this article is to establish general guidelines for the siting of wireless communications towers and antennas in the village.

   B.   The goals of this article are to:

      1.   Protect residential areas and land uses by minimizing the potential adverse impacts of towers and antennas;

      2.   Encourage the location of towers and antennas in nonresidential areas;

      3.   Minimize the total number of towers located in the community;

      4.   Promote and encourage the shared use of tower sites as a primary option, rather than construction of additional single use structures;

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

      6.   Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas and accessory buildings by means of careful siting, design, landscape screening, and innovative camouflaging techniques;

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

      8.   Avoid potential damage to adjacent properties from tower failure through sound and appropriate engineering and careful siting of tower structures; and to require removal of such structures when they are no longer used.

In furtherance of these goals, the village shall give due consideration to its comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. (Ord. 06-54, 9-21-2006)

For purposes of this article, the following terms shall have the meanings set forth below:

ANTENNA: Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

BACK HAUL NETWORK: The lines that connect any provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA: The federal aviation administration.

FCC: The federal communications commission.

FACILITIES: Any tower, antenna, support structure(s), pad, and/or equipment building or cabinet related thereto.

HEIGHT: When referring to a tower or other structure, the distance measured from the finished grade of the ground beneath the tower to the highest point on the tower or other structure, including the base pad and any antenna.

NO IMPACT ANTENNA FACILITY: An antenna facility which is either: a) virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure; or b) camouflaged so as to blend in with its surroundings to such an extent that it is no more obtrusive to the casual observer than the structure which it is: 1) placed on, such as a rooftop, lighting standard, or existing tower; or 2) replacing, such as a school athletic field light standard.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS: Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date hereof, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed 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. The term includes the structure and any support thereto. (Ord. 06-54, 9-21-2006)

   A.   New Towers And Antennas: Except as otherwise provided in this section, all new towers or antennas in the village shall be subject to these regulations.

   B.   Excluded Items:

      1.   Amateur Radio Station Operators/Receive Only Antennas: Any tower, or 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 as a receive only antenna shall not be required to meet the requirements of this article.

      2.   Preexisting Towers Or Antennas: Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of subsections 6-19-4F and G, and section 6-19-11 of this article.

      3.   AM Array: For purposes of implementing this article, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. (Ord. 06-54, 9-21-2006)

   A.   Principal Or Accessory Use: An antenna or tower may be considered either a principal or an accessory use. On any lot, an existing use or structure shall not preclude the installation of an antenna or tower on such lot.

   B.   Lot Size: For purposes of determining whether the installation of a tower or antenna complies with applicable regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements in the district in which the tower or antenna may be located, the dimensions of the entire lot shall control, even though the antennas or towers may be located on only a portion of such lot.

   C.   Inventory Of Existing Sites: Each application for an antenna and/or tower shall include an inventory of the applicant's existing towers, antennas, or sites which have been approved for towers or antennas, or for which applications or petitions for approval for towers or antennas have been filed, that are either within the jurisdiction of the village or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The village may share such information with other applicants applying for approvals or special use permits under this article or other persons or entities seeking to locate towers or antennas within the jurisdiction of the village; provided, however, that the village is not, by sharing such information, in any way representing or warranting that such sites are available or suitable for location of a tower or antenna.

   D.   Aesthetics: Towers and antennas shall meet the following requirements:

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

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

      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.

   E.   Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

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

   G.   Building Codes; Safety Standards: To ensure the structural integrity of a tower or antenna, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in applicable state or local 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 village 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. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

   H.   Measurement: For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the village irrespective of municipal and county jurisdictional boundaries.

   I.   Not Essential Services: All towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities, or private utilities.

   J.   Franchises: Any owner and/or operator of a tower or antenna shall certify that any and all franchises required by law for the construction and/or operation of the communication system served thereby within the village have been obtained prior to approval of any application, and shall file a copy of all agreements, licenses and the like related thereto with the village clerk.

   K.   Public Notice: For purposes of this article, any special use request, variance request, or appeal of a special use, shall require public notice and individual notice by the village at applicant's expense to all abutting property owners and within two hundred fifty feet (250') of the boundaries of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of "abutting", nor counted in calculating the two hundred fifty feet (250'), for purposes of this section.

   L.   Signs: No signs shall be allowed on any antenna or tower, except for any safety warning or other sign required by applicable regulation.

   M.   Buildings And Support Equipment: Buildings, support equipment and other facilities associated with any antenna or tower shall comply with the requirements of section 6-19-8 of this article. (Ord. 06-54, 9-21-2006)

   A.   General: The uses listed in this section are deemed to be permitted uses and shall not require any conditional use permit.

   B.   Permitted Uses: The following uses are specifically permitted in any zoning district within the village, so long as said antenna or tower conforms to all other requirements of this article:

      1.   Any antenna or tower located on property owned, leased, or otherwise controlled by the village, provided a license or lease authorizing such antenna or tower has been approved by the village.

      2.   Any no impact antenna or tower. (Ord. 06-54, 9-21-2006)

   A.   General: The following provisions shall govern the issuance of administrative approvals for towers and antennas:

      1.   The village may administratively approve the uses listed in this section, in accordance with the procedures set forth herein.

      2.   Each applicant for administrative approval shall file an application with the village clerk, including the information set forth in subsection 6-19-7B1 of this article and a deposit equal to two thousand dollars ($2,000.00) from which the village shall from time to time pay the application fee, and the costs of reviewing the application, including fees incurred for any consultant to review and report on the application. Any balance remaining on said deposit after final decision of the application shall be refunded to the applicant. The village board shall from time to time set a fee for such application.

      3.   The village engineer, village building official, and village zoning administrator shall review the application for administrative approval to determine if the proposed use complies with the requirements of this article, and deliver to the village board a recommendation or recommendations regarding the application.

      4.   The board of trustees shall thereafter review and approve, approve with conditions, or deny the application, as soon as practicable after receipt of the recommendation(s) described in subsection A3 of this section.

      5.   In connection with any such application for administrative approval, the village may, in order to encourage shared use of any facilities, reduce any setback requirements in subsection 6-19-7B4 of this article, or separation distances between towers in subsection 6-19-7B5 of this article by up to fifty percent (50%).

      6.   In connection with any such administrative approval, the village may, in order to encourage the use of monopoles, allow the reconstruction of an existing tower to monopole construction.

      7.   If an administrative approval is denied, the applicant shall prior to filing any appeal which may otherwise be available to the applicant under the village zoning regulations, file an application for a conditional use permit pursuant to section 6-19-7 of this article.

   B.   List Of Administratively Approved Uses: The following uses may be approved by the village after conducting an administrative review:

      1.   Zoning Districts: Antennas or towers located in the following zoning districts, provided the tower or antenna structure is located no less than two hundred feet (200') from any residential zoning district boundary line: O-R office research; O-M office manufacturing; M-1 restricted industrial; M-2 general industrial; and M-3 industrial zoning districts.

      2.   Existing Towers Or Structures: Locating an antenna on an existing structure or tower consistent with the terms of subsections B2a and B2b of this section.

         a.   Antennas On Existing Structures: Any antenna which is not attached to a tower may be approved by the village as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight (8) or more dwelling units, provided:

            (1)   The antenna does not extend more than thirty feet (30') above the highest point of the structure;

            (2)   The antenna complies with all applicable FCC and FAA regulations; and

            (3)   The antenna complies with all applicable building codes.

         b.   Antennas On Existing Towers: An antenna which is attached to an existing tower may be approved by the village and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on an existing tower shall take precedence over the construction of a new tower, provided such collocation is accomplished in a manner consistent with the following:

            (1)   Collocation: A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the village allows reconstruction as a monopole.

            (2)   Height:

               (A)   An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the tower's existing height, to accommodate the collocation of an additional antenna or antennas.

               (B)   The increase in height referred to in subsection B2b(2)(A) of this section may be allowed only one time per tower.

               (C)   The increase in height referred to in subsection B2b(2)(A) of this section shall not require an additional distance separation as set forth in section 6-19-3 of this article. The tower's premodification height shall be used to calculate distance separation.

            (3)   On Site Location:

               (A)   A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty feet (50') of its existing location.

               (B)   After such tower has been rebuilt to accommodate collocation, only one tower may remain on the site.

               (C)   For any tower so relocated on site, separation distances shall continue to be measured from the original tower location for purposes of subsection 6-19-7B5 of this article. The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection 6-19-7B5 of this article; provided, however, that if such relocation would cause the tower to come within the separation distance required for any residential units or residentially zoned land as established in subsection 6-19-7B5 of this article, the relocation shall be permitted only with approval of the board of trustees.

      3.   New Tower In Nonresidential Zoning District: Locating any new tower in any business zoning district, provided the following conditions are met:

         a.   A licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant;

         b.   The village engineer and zoning administrator conclude the tower is in conformity with the goals set forth in section 6-19-1 of this article and the requirements of section 6-19-4 of this article;

         c.   The tower meets the setback requirements in subsection 6-19-7B4 of this article and separation distances in subsection 6-19-7B5 of this article; and

         d.   The tower meets the following height and usage criteria:

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

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

            (3)   For three (3) or more users, up to and including one hundred fifty feet (150') in height; and

            (4)   For a monopole, up to and including one hundred ninety feet (190') in height.

      4.   Cable Installation: Installing a cable microcell network through the use of multiple low powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers. (Ord. 06-54, 9-21-2006)

   A.   General: The following provisions shall govern the issuance of special use permits for towers or antennas by the village:

      1.   If the tower or antenna is not a permitted use under section 6-19-5 of this article, or permitted to be approved administratively pursuant to section 6-19-6 of this article, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna.

      2.   Applications for special use permits under this section shall be subject to the procedures and requirements of the zoning regulations, except as modified in this section, including recommendation by the Planning and Zoning Commission and approval by the board of trustees of the village.

      3.   In granting a special use permit, the Planning and Zoning Commission may recommend, and/or the board of trustees may impose conditions to the extent the village concludes such conditions are necessary to minimize any adverse effect of the proposed tower and accessory building including extension facade materials and design on adjoining properties, but such conditions may not have the effect of prohibiting erection of the tower.

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

      5.   Each applicant for special use shall file an application with the village clerk, including the information set forth in subsection B1 of this section and a deposit equal to five thousand dollars ($5,000.00), from which the village shall from time to time pay the application fee, and the costs of reviewing the application, including fees incurred for any consultant to review and report on the application. Any balance remaining on said deposit after final decision of the application shall be refunded to the applicant. The village board shall from time to time set a fee for such application.

   B.   Towers:

      1.   Information Required: In addition to any information required for applications for conditional use permits under the zoning regulations, applicants for a conditional use permit for a tower shall submit the following information:

         a.   A scaled site plan clearly indicating the location, type and height of the proposed tower, on site land uses and zoning, adjacent land uses and zoning (including properties outside the village's boundaries), comprehensive plan classification of the site and all properties within the applicable separation distances set forth in subsection B5 of this section, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facilities, topography, parking, and other information deemed by the village to be necessary to assess compliance with this article.

         b.   Legal description of the property on which the facilities are to be located, including a leased parcel (if applicable).

         c.   The setback distance between the proposed tower and the nearest residential unit, any residentially zoned property (including any unplatted residentially zoned property), and any other property planned for residential uses.

         d.   A landscape plan showing specific landscape materials.

         e.   A description of the finished color and, if applicable, the method of camouflage and illumination, including any fencing.

         f.   A description of applicant's compliance with subsections 6-19-4C, D, E, F, G, J, L, and M of this article, and subsections B4 and B5 of this section and all applicable federal, state or local laws.

         g.   A statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

         h.   A description of the unsuitability of existing towers, other structures, and/or alternative technology not requiring the use of towers or structures, to provide the service to be provided by the proposed new tower.

         i.   A description, in the event the proposed tower is erected, of the feasible location(s) for towers or antennas to be located within the village in the future, based upon existing physical, engineering, technological or geographical limitations.

         j.   If the location is leased or to be leased to applicant, agreement by the owner to terms relating to removal of the tower or antenna and related facilities, as described in section 6-19-8 of this article.

      2.   Factors Considered In Granting Conditional Use Permits For Towers: In addition to any standards for consideration of conditional use permit applications pursuant to subsection 6-14-3H of this chapter, the Planning & Zoning Commission and the board of trustees shall consider the following factors in determining whether to recommend issuance of a conditional use permit:

         a.   Height of the proposed tower;

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

         c.   Nature of uses on adjacent and nearby properties;

         d.   Surrounding topography;

         e.   Surrounding tree coverage and foliage;

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

         g.   Proposed ingress and egress; and

         h.   Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection B3 of this section.

      3.   Availability Of Suitable Existing Towers, Other Structures, Or Alternative Technology: No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the village that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the village related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

         a.   No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

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

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

         d.   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.

         e.   The fees, costs, or other contractual provisions for payment or expense 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. Total fees, costs or other contractual provisions for payment or expense which exceed the cost of developing and constructing a new tower are presumed to be unreasonable.

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

         g.   The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low powered transmitters/receivers attached to a wireline system, is unsuitable. It shall not be presumed that merely because costs of alternative technology exceed the cost of developing a new tower or antenna that the alternative technology is unsuitable.

      4.   Setbacks: The following setback requirements shall apply to all towers for which a special use permit is required:

         a.   Towers must be set back a distance equal to at least seventy five percent (75%) of the height of the tower from any adjoining lot line, except that a monopole needs to be set back a distance equal to twenty five percent (25%) of its height.

         b.   Guys and accessory buildings must satisfy the minimum zoning district setback requirements, including the provision of transitional yards, if required.

      5.   Separation: The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required:

         a.   Separation From Off Site Uses/Designated Areas:

            (1)   Tower separation shall be measured from the base of the tower to the lot line of the off site uses and/or designated areas as specified in table 1 including the exceptions noted therein.

            (2)   Separation requirements for towers shall comply with the minimum standards established in table 1 of this section.

         b.   New Towers: Separation distances between towers shall be applicable for new towers, and shall be measured as the distance between the proposed tower and any preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in table 2 of this section.

TABLE 1
SEPARATION REQUIREMENTS

 

 

TABLE 2
SEPARATION DISTANCES BETWEEN TOWERS

 

 

      6.   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; or designed to discourage climbing; to be provided however, that the Planning and Zoning Commission may recommend and the board of trustees may approve a waiver of such requirement as it deems appropriate.

      7.   Landscaping: The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Planning and Zoning Commission may recommend, and the board of trustees may approve, a waiver of such requirements if the goals of this article would be better served thereby.

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

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

         c.   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 sufficient buffer.

   C.   Waiver Of Requirements: The Planning and Zoning Commission may recommend, and/or the board of trustees may approve, a waiver or reduction of the burden of any one or more of the criteria set forth in this section if either respectively concludes that the purposes and goals of this article would be better served thereby; and specifically as to the setback requirement of subsection B4 of this section, may reduce the standard if enforcement of the requirement would effectively prohibit the proposed facilities. 

   D.   Modification Of Building Size Requirements: The requirements of this section may be varied by the village in the case of administratively approved uses or by recommendation of the Planning and Zoning Commission, and/or approval by the board of trustees in the case of uses permitted by special use, in order to accommodate or encourage collocation. (Ord. 06-54, 9-21-2006; amd. Ord. 21-15, 4-15-2021)

The equipment building or cabinet, and other related facilities, used in association with a tower or antenna shall comply with the following:

   A.   Antenna Mounted On A Structure Or Rooftop:

      1.   For any structure or rooftop which is less than sixty five feet (65') in height, the related equipment building or cabinet, and other facilities, if greater than one hundred fifty (150) square feet of gross floor area in size, or greater than ten feet (10') in height, shall be located on the ground and shall not be located on the roof of the structure.

      2.   For any other structure or rooftop, the related equipment building or cabinet, and other related facilities shall contain not more than four hundred fifty (450) square feet of gross floor area, and be not more than fifteen feet (15') in height; provided, when located on a rooftop, such building, cabinet and other related facilities shall also occupy no more than two hundred (200) square feet and in any case not to exceed twenty five percent (25%) of the square footage of the roof area.

      3.   Equipment storage buildings or cabinets shall comply with all applicable building codes.

   B.   Antenna Mounted On A Utility Pole Or Light Pole:

      1.   In residential zoning districts, the equipment cabinet or structure may be located:

         a.   In a front or side yard, provided the equipment building or cabinet and related facilities are no greater than twenty four (24) square feet in size, and not more than four feet (4') in height, and the building or cabinet and related facilities are located a minimum of six feet (6') from all lot lines. Such building or cabinet and related facilities shall be screened by an evergreen hedge with a planted height of at least thirty six inches (36"), and an ultimate height of at least forty two inches (42") to forty eight inches (48").

         b.   In a rear yard, provided the equipment building or cabinet and related facilities are no greater than two hundred forty (240) square feet in gross floor area, and no greater than six feet (6') in height. Such building or cabinet and related facilities shall be screened by an evergreen hedge with a planted height of at least thirty six inches (36") and an ultimate height of eight feet (8').

      2.   In all business and industrial districts, any equipment building or cabinet and related facilities shall be no greater than sixty four (64) square feet in gross floor area and no greater than six feet (6') in height.

         a.   Any equipment building or cabinet and related facilities shall be screened from view of all residential properties which abut or are directly across the street from such building or cabinet and related facilities by a solid fence six feet (6') in height or an evergreen hedge with a planted height of at least thirty six inches (36") and an ultimate height of eight feet (8').

         b.   Otherwise, any such building or cabinet and related facilities shall be screened by an evergreen hedge with a planted height of at least thirty six inches (36") and an ultimate height of eight feet (8').

   C.   Antenna Located On A Tower: Any equipment building or cabinet and related facilities shall contain not more than two hundred forty (240) square feet of gross floor area or be more than ten feet (10') in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which the antenna and tower are located.

   D.   Modification Of Building Size Requirements: The requirements of this section may be varied by the village in the case of administratively approved uses or by recommendation of the zoning board of appeals, and/or approval by the board of trustees in the case of uses permitted by special use, in order to accommodate or encourage collocation. (Ord. 06-54, 9-21-2006)

   A.   Any antenna or tower that is not operated for a continuous period of twelve (12) months, or which fails to comply with the requirements of subsection 6-19-4F or G of this article, shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the village notifying the owner of such abandonment.

      1.   Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds for the village to remove the tower or antenna at the owner's expense, and the village shall thereupon have a lien on the property, including the landlord's interest in same, to secure its reasonable costs of removal, including reasonable attorney fees incurred, and to secure judicial approval of removal and to enforce said lien.

      2.   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. (Ord. 06-54, 9-21-2006)

   A.   Expansion Of Nonconforming Use: 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.

   B.   Preexisting Towers: Preexisting towers shall be allowed to continue such use as exists at the time of adoption of these regulations. Routine maintenance shall be permitted on such preexisting towers, which shall include replacement with a new tower of like construction and height, provided such new construction otherwise shall comply with the requirements of this article.

   C.   Rebuilding Of Damaged Or Destroyed Nonconforming Towers Or Antennas: Notwithstanding section 6-19-9 of this article, a nonconforming tower or antenna that is damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit, and without having to meet the separation requirements specified in subsections 6-19-7B4 and B5 of this article.

      1.   The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approval.

      2.   A building permit to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the tower or antenna is damaged or destroyed.

      3.   If no permit is obtained within said time, or if such permit thereafter expires, the tower or antenna shall be deemed abandoned as specified in section 6-19-9 of this article. (Ord. 06-54, 9-21-2006)

   A.   Each owner of an antenna, antenna structure, or tower regulated under this article, and any previously existing antenna, antenna structure, or tower which would have been regulated under this article had it existed at the time a permit for or construction of such facility, shall, on an annual basis, file with the village clerk such information as is required by the village to aid with the administration of this article.

   B.   Such information shall include:

      1.   Changes in availability of space on any tower for collocation of additional antennas,

      2.   Any plan to abandon a position on a tower (thereby leaving space for the possible collocation of another antenna),

      3.   Any plan and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation,

      4.   Any plan to abandon a tower structure,

      5.   Such other nonproprietary information as may be required by the village. (Ord. 06-54, 9-21-2006)

The owner of any tower or antenna structure shall pay to the village an annual lease administration fee at a rate established from time to time by the board of trustees. Upon written notice from the village, the owner of any tower and/or antenna structure in existence at the time of the effective date hereof, which tower and/or antenna structure would otherwise be regulated by this chapter, shall register with the village, and shall provide such nonproprietary information as is deemed useful by the village for administration of this chapter. This section is specifically deemed to have retroactive effect. (Ord. 06-54, 9-21-2006)