This chapter shall be known as the TELECOMMUNICATIONS ANTENNAS ORDINANCE of the village. (Ord. 2009-36, 4-6-2009)

   A.   The purpose of the regulations set forth in this chapter is to further an overall plan for the enhancement of public safety, consistent community development, preservation of property values and the general welfare of the village. In order to accommodate the communication needs of the residents and businesses while protecting the public health, safety and general welfare of the village, the regulations are further intended to: facilitate the provision of wireless telecommunication services to the residents and businesses of the village; nonetheless preserve and protect property values; avoid potential damage to adjacent properties from tower failure; lessen congestion of land and air space; provide against undue concentrations of telecommunications antennas and antenna facilities which may create adverse visual effects and detraction from a neighborhood's character; establish reasonable standards for private and commercial use of telecommunications antennas; preserve the attractive character of the village; and recognize that the general welfare of the public includes a community plan that provides for a community that shall be aesthetically appealing, healthful, spacious, clean, and well balanced in its growth and development.

   B.   The promotion of public health and safety is to be accomplished by reducing the distractive characteristics of telecommunications antenna facilities or towers and ensuring that unless otherwise necessary, telecommunications towers or antenna facilities shall not be located in an established residential neighborhood.

   C.   The regulations of this chapter expressly distinguish between direct satellite dishes, amateur radio operator antennas, and commercial antennas. This distinction is necessary in order to ensure compliance with the federal aviation authority (FAA) and federal communications commission (FCC) policies and requirements as they affect the telecommunications industry. (Ord. 2009-36, 4-6-2009)

Any telecommunications antenna not expressly permitted by this chapter is prohibited in the village. All telecommunications antennas must comply with all applicable provisions of the building, electrical and municipal codes of the village, rules promulgated by the federal aviation authority (FAA) the federal communications commission (FCC) and regulations of any other agency of the state, federal or local unit of government with authority to regulate antennas. (Ord. 2009-36, 4-6-2009)

Where a definition is not specifically set forth herein, the term shall be defined as set forth in section 11-3-2 of this title.

COMMERCIAL MOBILE SERVICES: Mobile services that are for profit, are available to the public or a substantial portion of the public, and provide subscribers with the ability to access or receive calls from the public switched telephone network. Examples are personal communication services (PCS), cellular radio mobile service and paging.

HEIGHT: The vertical measurement from the ground to the vertical apex of the telecommunications antenna facility.

PERSONAL COMMUNICATIONS SERVICE: A digital, radio based service that transmits and receives low powered electronic signals through networks of linked transmitter/receiver sites with each transmitter/receiver or base station covering smaller areas.

PERSONAL WIRELESS FACILITIES: Transmitters, receivers, antenna facilities and other types of installation used for the provision of personal wireless services.

PERSONAL WIRELESS SERVICES: Commercial mobile services, cellular telephone services, specialized mobile radio services (SMR), unlicensed wireless services, and common carrier wireless exchange access services, as now or hereafter defined in title 47 United States Code, section 323(C)(7)(c).

RADIO BROADCAST: Traditional AM and FM radio broadcasts and amateur radio broadcasts (ham radio).

SATELLITE DISH ANTENNA: A telecommunications antenna shaped like a bowl or dish and used to receive wireless transmission of radio, data, or video from a satellite orbiting the earth.

TELECOMMUNICATIONS ANTENNA: A device affixed to the ground, a building or other structure, which device is used for the wireless transmission or reception of radio waves. "Telecommunications antenna" includes, but is not limited to, devices capable of transmitting or receiving radio waves supporting the following types of communication:

   A.   Television broadcast, multichannel multipoint distribution (wireless cable), and direct broadcast satellites (DBS).

   B.   Radio broadcast (including AM, FM, shortwave and amateur radio antennas).

   C.   Wireless telecommunications, personal communication services, personal wireless services, commercial mobile services, cellular telephone services, specialized mobile radio services (SMR), unlicensed wireless services and common carrier wireless exchange access services.

TELECOMMUNICATIONS ANTENNA FACILITIES: The mast, pole, latticework, structure, tower, building, equipment and other supporting material used to mount and operate a telecommunications antenna and the telecommunications antenna itself.

UNLICENSED WIRELESS SERVICE: The offering of telecommunications services using duly authorized devices which do not require individual licenses by the FCC, but does not mean the provision of direct to home satellite services. (Ord. 2009-36, 4-6-2009; amd. 2011 Code)

   A.   Residence Districts: Within all R residence districts, telecommunications antennas are permitted as follows:

      1.   Accessory use satellite dish receiving antennas exceeding one meter (1 m) in diameter shall be permitted on the following conditions:

         a.   Such antennas shall be located only on a roof or in rear yards and no closer than five feet (5') from a side or rear lot line and outside of easements of record; and

         b.   The vertical apex of the telecommunications antenna facility shall not exceed fifteen feet (15') in height from ground level for ground mounted, and fifteen feet (15') in height from the roofline for roof mounted.

      2.   Satellite dish receiving antennas, one meter (1 m) or less in diameter, television broadcast receiving antennas, multichannel multipoint distribution receiving antennas, radio broadcast receiving antennas, and amateur radio antennas (receiving and transmitting), provided all such antennas are accessory use antennas, shall be permitted on the following conditions:

         a.   Such antennas shall be located only on a roof or in rear or side yards unless such restriction precludes reception of an acceptable quality signal. In such case, such antennas may be placed anywhere on the lot except within an easement of record. Proof of inability to receive an acceptable quality signal shall be provided to the zoning administrator upon request; and

         b.   The vertical apex of the telecommunications antenna facility shall not exceed the greater of the district height limit or seventy feet (70') in height from ground level.

      3.   Other telecommunications antennas are prohibited unless the same are located on the village right of way or village easement pursuant to an agreement with the village.

   B.   Agriculture Districts: Within all A agriculture districts, telecommunications antennas are permitted subject to the bulk requirements applicable to such district.

   C.   Commercial And Manufacturing Districts: Within the C commercial districts, M-1 restricted manufacturing district, and M-2 general manufacturing district, telecommunications antennas are permitted as follows:

      1.   Accessory use satellite dish receiving antennas exceeding two meters (2 m) in diameter and accessory use mobile radio antennas shall be permitted on the following conditions:

         a.   Such antennas shall be permitted only on the roof or in the rear or side yards;

         b.   Such antennas shall not be placed on an easement of record or within five feet (5') of a property line; and

         c.   The vertical apex of the telecommunications antenna facility shall not exceed the greater of the zoning district height regulations, or fifteen feet (15') in height above the building roofline for roof mounted.

      2.   Satellite dish receiving antennas less than two meters (2 m) in diameter, television broadcast receiving antennas, multichannel multipoint distribution receiving antennas, radio broadcast receiving antennas and amateur radio antennas (receiving and transmitting), provided all such antennas are accessory use antennas, shall be permitted on the following conditions:

         a.   Such antennas shall be located only on a roof or in rear or side yards unless such restriction precludes reception of an acceptable quality signal. In such case, such antennas may be placed anywhere on the lot except within an easement of record. Proof of inability to receive an acceptable quality signal shall be provided to the zoning administrator upon request; and

         b.   The vertical apex of the telecommunications antenna facility shall not exceed the greater of the district height limit or seventy feet (70') in height from ground level.

      3.   Accessory use mobile radio antennas not meeting the conditions of this chapter and all other telecommunications antennas shall be permitted only as a special use pursuant to the procedures of section 11-5-6 of this title and the standards set forth herein. (Ord. 2009-36, 4-6-2009)

   A.   Purpose: The purpose of this section is to specify standards that shall be required to be met before the issuance of a special use permit.

   B.   Application Requirements:

      1.   Submission of a site plan, drawn to scale, showing the location and dimensions of existing and proposed buildings or structures, natural or manmade features, topography, elevations and location of landscaping and lighting.

      2.   Description of the proposed telecommunications antenna facility including certification by an engineer regarding the structural integrity of the facilities, and evidence of compliance with FCC emission standards.

      3.   Site needs and sharing capabilities. An inventory of the existing telecommunications antenna facilities including, but not limited to, existing antenna facilities, silos, water tanks, and buildings. Notification by way of certified mail shall be submitted as proof of exhausting possible avenues for sharing space.

      4.   Maintenance plan. A description of anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and traffic, noise and safety impacts on such maintenance.

      5.   Proof of approval or compliance with FAA standards.

      6.   Proof of liability insurance in the minimum single limit amount of two hundred thousand dollars ($200,000.00) with the village named as an additional insured.

   C.   Bulk Regulations:

      1.   Lot Size: Minimum lot size for the district in which the facilities are located.

      2.   Setback: A setback from adjoining property lines is required in order to minimize the adverse effects of falling ice or damage due to antenna collapse. A setback of fifty percent (50%) of the telecommunications antenna facility height shall be maintained, except a setback of five hundred feet (500') shall be maintained from all residential zoning districts and from buildings used for residential dwelling, daycare, or elementary or secondary schools.

      3.   Separation From Other Antenna Facilities: In order to encourage collocation of antennas on a common facility, all new antenna facilities exceeding seventy feet (70') in height shall not be located within one-fourth (1/4) mile (or 1,320 feet) of another antenna facility which exceeds seventy feet (70') in height.

      4.   Height: Antenna facilities shall not exceed one hundred five feet (105') in height.

   D.   Screening And Landscaping:

      1.   The facility and every element thereof shall be aesthetically and architecturally compatible with the architecture of surrounding area.

      2.   The proposed buildings, structures and use will be in harmony with the general character of the neighborhood.

      3.   Lighting shall be consistent with FAA guidelines and have a minimal spillover effect on adjoining property. Lighting not controlled by FAA guidelines shall comply with the provisions of this title.

   E.   Interference: The proposed facility shall not cause unreasonable interference with existing radio, television, telephone or DBS reception or services.

   F.   Effect On Adjoining Properties: The proposed facility will cause no objectionable noise, fumes, odors, glare, physical activity or effect that would impair the reasonable and peaceful enjoyment of neighboring properties.

   G.   Adequate Public Facilities: The proposed facility will be served by adequate public services and facilities, including police and fire protection, water and sanitary sewer, storm drainage, public roads and other public improvements.

   H.   FCC Compliance: The proposed facility shall meet FCC requirements.

   I.   Compliance With Other Codes: The proposed facility shall comply with all other building and housing codes per title 10, chapter 1 of the village code, the provisions of this title, and all other codes of applicable state, federal and local agencies with jurisdiction over such facility.

   J.   Abandonment: Facilities that remain unused for more than one year shall be demolished at the owner's cost.

   K.   Collocation Or Shared Use: Applicants shall be required to exhaust all possible avenues for sharing space on existing antenna facilities. Evidence shall be submitted showing the following:

      1.   The availability of space on existing telecommunications antenna facilities;

      2.   The willingness of the telecommunications antenna facility owner to execute a lease with the applicant and whether or not the terms of such lease are agreeable to applicant;

      3.   The ability of the applicant to reasonably meet its geographic service area requirements by locating on existing telecommunications antenna facilities;

      4.   Any radio, mechanical or electrical incompatibilities, conflicts, or interference caused by using an existing telecommunications antenna facility;

      5.   The comparative costs of new construction and collocation; and

      6.   Any FCC or other governmental restrictions on collocation.

   L.   Signs: No signs shall be permitted on antenna facilities other than warning or equipment signs; however, the antenna may be located on an existing sign structure.

   M.   Waivers: The mayor and board of trustees may modify or waive any of the foregoing special use standards where such waiver or modification is in the public interest or necessary to comply with federal law.

   N.   General Conditions: Standards applicable to all special uses include the following:

      1.   Ingress and egress to property and proposed structures shall be located and designed in a manner which will maximize automotive and pedestrian safety and convenience, facilitate traffic flow and control and provide easy and adequate access in case of fire or other catastrophe.

      2.   Off street parking and loading areas (see chapter 11 of this title), where required or provided, shall be located and designed in a manner which will maximize the items referred to in subsection N1 of this section and will minimize any adverse economic, noise, glare or odor effects of the special use on adjoining or nearby properties.

      3.   Refuse and service areas, if provided, shall be located and designed in a manner so as to accomplish the objectives specified in subsections N1 and N2 of this section.

      4.   Utilities provided in connection with the special use shall be designed and located so as to encourage the efficient and economic utilization, extension and expansion of the public utility system.

      5.   Screening and buffering materials shall be sufficient to ensure that the proposed special use will have no greater impact on surrounding land uses than other uses authorized as a matter of right.

      6.   Proposed exterior lighting shall be located and designed to maximize traffic safety and compatibility and harmony with adjoining or nearby properties and so as to minimize glare, noise and adverse economic impact on surrounding properties or authorized land uses.

      7.   Required yards and open spaces shall be sufficient to ensure that the proposed special use will have no greater impact on surrounding land uses than other uses authorized as a matter of right.

      8.   The site on which the special use is located shall be designed to make the proposed use generally compatible with adjoining or nearby properties.

      9.   The special use shall in all other respects conform to the applicable regulations of the district in which it is located and of the village code, except as such regulations may in each instance be modified by the board of trustees pursuant to the recommendations of the zoning board of appeals or as allowed for a planned unit development. (Ord. 2009-36, 4-6-2009)

   A.   Application For Permit: Application for a special use permit shall be submitted in the office of the village clerk on forms approved by the village clerk. No application shall be processed unless accompanied by the appropriate filing fee.

   B.   Hearing On Application: Upon receipt in proper form of an application and supporting material, the zoning board of appeals shall hold at least one public hearing on the application for a special use permit, in the manner provided in section 11-5-6 of this title.

   C.   Action By Zoning Board Of Appeals: No special use permit shall be recommended by the zoning board of appeals until written findings of fact are made indicating:

      1.   The extent to which the special use standards specified in section 11-9-6 of this chapter are met.

      2.   Recommendations, if any, of conditions deemed reasonably necessary to meet any or all of such general or specific special use permit standards.

   D.   Action By Village Board: The mayor and board of trustees must grant or deny any application for a special use permit after receiving the report of findings and recommendation of the zoning board of appeals including the recommended stipulations of additional conditions and guarantees when they are deemed necessary for the protection of the public interest. All decisions of the mayor and board of trustees shall be in writing and based on written findings of fact.

   E.   Protests: In case a written protest against any proposed special use permit, signed and acknowledged by the owners of twenty percent (20%) of the frontage to be altered, the owners of twenty percent (20%) of the frontage directly opposite the frontage to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley therefrom, is filed with the village clerk, the special use permit cannot be granted except on the favorable vote of two-thirds (2/3) of all members of the board of trustees.

   F.   Refiling Period: No application for a special use which has been denied wholly or in part by the mayor and board of trustees shall be resubmitted for a period of one year from the date of said denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the mayor and board of trustees. (Ord. 2009-36, 4-6-2009)

In the event the standards and requirements of this chapter impair the receipt or transmission of an acceptable signal quality for an accessory use antenna (except accessory use mobile radio antennas), the board of trustees, after a public hearing is held by the zoning board of appeals, may grant a variance in the strict application of this chapter and the provisions of this title. Such variance shall be no greater than reasonably necessary to receive or transmit an acceptable quality signal and shall be conditioned, where necessary, to protect public safety. See section 11-5-5 of this title for the regulations and procedures of variances. (Ord. 2009-36, 4-6-2009)

In considering any special use permit and variation request, the following federal policy directives shall be followed:

   A.   All requests shall be processed within ninety (90) days after the application is properly filed with the village clerk. The ninety (90) day time limit may be extended by agreement.

   B.   The substantive decision made by the appropriate body shall not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provisions of the particular telecommunications technology in the village. (Ord. 2009-36, 4-6-2009)

Nonconforming telecommunications antennas and antenna facilities which are lawful at the effective date hereof or amendment hereto that could not be built under the terms of this title, may continue so long as the same remains otherwise lawful, subject to the following:

   A.   No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

   B.   Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty percent (50%) of its fair cash market value prior to the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.

   C.   Should such nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

   D.   Ordinary repairs may be made to an extent not exceeding fifty percent (50%) of the fair cash market value of the nonconforming structure. (Ord. 2009-36, 4-6-2009)