The purpose of this Chapter is to establish standards for the siting of wireless communications towers and antennas.

The goals of this Chapter are to: a) protect residential areas and land uses from potential adverse impacts of towers and antennas; b) encourage the location of towers in nonresidential areas; c) minimize the total number of towers throughout the community; d) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; e) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; f) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; g) consider issues of public health and safety relative to communication towers; and h) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Village of Inverness (hereinafter "the Village") shall give due consideration to the Village's Official Comprehensive Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. (Ord. 97-599, 9-9-1997)

As used in this Chapter, the following terms shall have the meanings set forth below:

   ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative- design mounting structures that camouflage or conceal the presence of antennas or towers.

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

   BACKHAUL NETWORK: The lines that connect a 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.

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

   PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS: Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this Chapter, but as of this date there are no pre-existing towers within the Village of Inverness.

   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. 97-599, 9-9-1997)

   A.   New Towers And Antennas: All new towers or antennas in the Village shall be subject to these regulations, except as provided in subsections B through D, inclusive, of this Section.

   B.   Amateur Radio Station Operators/Receive Only Antennas: This Chapter shall not govern any tower, or the installation of any antenna, that is under thirty five feet (35') in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

   C.   Pre-Existing Antennas: Pre-existing antennas for which a building permit has been properly issued or for which a special use permit or variation has been granted shall not be required to meet the requirements of this Chapter, other than the requirements of subsections 5-7-4F and G of this Chapter.

   D.   AM Array: For purposes of implementing this Chapter, 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. 97-599, 9-9-1997)

   A.   Principal Or Accessory Use: Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot 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 district development regulations, including, but not limited to, setback requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

   C.   Inventory Of Existing Sites: Each applicant for an antenna and/or tower shall provide to the Zoning Enforcement Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, 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 Zoning Enforcement Officer may share such information with other applicants applying for administrative approvals or special use permits under this Chapter or other organizations seeking to locate antennas within the jurisdiction of the Village, provided, however that the Zoning Enforcement Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

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

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

      2.   At a tower site, the design of the 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 illuminated, 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 changed, then the owners of the towers and antennas governed by this Chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations 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 towers, the owner and operator of a tower 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, and unless there is an imminent peril to such persons or property, then upon notice being provided to the owner of the tower, the owner shall have ten (10) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said ten (10) 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: Towers and antennas shall be regulated pursuant to this Chapter. Towers and antennas shall not be exempt from this Zoning Ordinance nor shall they be permitted as essential services, as public utilities, or as private utilities.

   J.   Franchises: Owners and operators of any towers or antennas within the Village shall certify that all franchises required by law for the construction and/or operation of a wireless communication system within the Village have been obtained and shall file a copy of all required franchises with the Zoning Enforcement Officer.

   K.   Signs: No signs shall be allowed on an antenna or tower.

   L.   Buildings And Support Equipment: Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 5-7-8 of this Chapter.

   M.   Multiple Antenna/Tower Plan: The users of towers and antennas are encouraged to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process. (Ord. 97-599, 9-9-1997)

   A.   General: The uses listed in this Section are deemed to be permitted uses and shall not require administrative approval or a special use permit.

   B.   Permitted Uses: Antennas or towers located on property owned, leased, or otherwise controlled by the Village other than on a Village street or right of way shall be permitted uses, but only if a license or lease authorizing the location and maintenance of such antenna and/or tower has been approved by the corporate authorities of the Village. (Ord. 97-599, 9-9-1997)

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

      1.   The Zoning Enforcement Officer may administratively approve only those uses specified in this Section.

      2.   Each applicant for administrative approval shall apply to the Zoning Enforcement Officer providing the information set forth in subsection 5-7-7B1 and 3 of this Chapter and a nonrefundable fee as established by the President and Board of Trustees of the Village to reimburse the Village for the costs of reviewing the application.

      3.   The Zoning Enforcement Officer shall review the application for administrative approval and determine if the proposed use complies with Section 5-7-4, and subsection 5-7-7B4 and 5 of this Chapter.

      4.   The Zoning Enforcement Officer should respond to each such application within sixty (60) days after receiving it by either approving or denying the application.

      5.   If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to Section 5-7-7 of this Chapter prior to filing any appeal that may otherwise be available under this Zoning Ordinance.

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

      1.   Locating a new tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in the B-2 Zoning District, but only if a license or lease authorizing the location and maintenance of such antenna and/or tower has been approved by the corporate authorities of the public entity owning such property.

      2.   Locating antennas on existing structures or towers consistent with the terms of subsection B2a and b of this Section.

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

            (1)   The antenna does not exceed the maximum permitted height of the structure as authorized by this Zoning Ordinance and/or by any other applicable ordinances of the Village.

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

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

         b.   Co-Location: The co-location of one or more antennas on a tower which has already been authorized by a special use permit granted in accordance with the provisions of this Chapter provided that such co-location shall meet the following conditions:

            (1)   Visual Impacts: There shall be no adverse visual impacts associated with such co-location of antennas;

            (2)   Tower Modification: Any tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower or such tower shall be replaced with a monopole;

            (3)   Height:

               (A)   A tower authorized by a special use permit granted in accordance with the provisions of this Chapter may be modified or rebuilt to a taller height, not to exceed ten percent (10%) over the tower's existing height, to accommodate the co- location of one or more additional antennas.

               (B)   The height change referred to in subsection B2b(3)(A) of this Section may only occur one time per tower.

               (C)   The additional height referred to in subsection B2b(3)(A) of this Section shall not require an additional distance separation as set forth in Section 5-7-7 of this Chapter. The tower's premodification height shall be used to calculate such distance separations.

      3.   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, provided all necessary franchises have been obtained to authorize the establishment and maintenance of such a network within the Village. (Ord. 97-599, 9-9-1997)

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

      1.   If the tower or antenna is not a permitted use under Section 5-7-5 of this Chapter or permitted to be approved administratively pursuant to Section 5-7-6 of this Chapter, then a special use permit granted by an ordinance approved by the corporate authorities of the Village shall be required for the construction of a tower or the placement of an antenna in any zoning district.

      2.   Applications for special use permits under this Section shall be subject to the procedures and requirements of Chapter 6 (relative to special uses and planned developments) of the Zoning Ordinance, except as otherwise modified in this Section.

      3.   In recommending the grant of a special use permit, the Plan Commission may recommend the imposition of such conditions to the extent the Plan Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

      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.   An applicant for a special use permit shall submit the information described in this Section and such fees and deposits as otherwise required by the Village Code.

   B.   Towers:

      1.   Information Required: In addition to any information required for applications for special use permits pursuant to Chapter 6 of the Zoning Ordinance, applicants for a special 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 when adjacent to other municipalities), the Official Comprehensive Plan recommended classification of the site and all properties within the applicable separation distances set forth in subsection 5-7-7B5 of this Section, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Enforcement Officer to be necessary to assess compliance with this Chapter.

         b.   Legal description of the parent tract and leased parcel (if applicable).

         c.   The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

         d.   The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection 5-7-4C of this Chapter shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

         e.   A landscape plan showing specific landscape materials.

         f.   Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

         g.   A description of the applicant's compliance with Section 5-7-4 and subsection 5-7-7B4 and 5 of this Chapter and all applicable Federal, State or local laws.

         h.   A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

         i.   Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Village.

         j.   A description of the suitability of the use of existing towers, other structures and alternative technology not requiring the use of towers or structures to provide the services intended to be provided through the use of the proposed new tower.

         k.   A description of the feasible location(s) of future towers or antennas within the Village based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

      2.   Factors Considered In Granting Special Use Permits For Towers: In addition to any standards for consideration of special use permit applications pursuant to Chapter 6 of the Zoning Ordinance, the Plan Commission and the corporate authorities of the Village ("the Village Board") should consider the following factors in determining whether to issue a special use permit, although the Village Board may waive or reduce the burden on the applicant of one or more of these criteria if the Village Board concludes that the goals of this Chapter are better served thereby:

         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 5-7-7B3 of this Chapter.

      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 Board 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 Plan Commission or requested by the Village Board 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 antennas on the existing towers or structures, or the antennas on the existing towers or structures would cause interference with the applicant's proposed antenna.

         e.   The fees, costs, or contractual provisions 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.

         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, or the costs of alternative technology are unreasonable.

      4.   Setbacks: In addition to those setbacks otherwise required by this Zoning Ordinance, the following additional setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Village Board may vary or reduce these setback requirements as part of the ordinance granting the special use permit if the goals of this Chapter would be better served thereby:

         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 or property line.

         b.   Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

      5.   Separation: The following separation requirements shall apply to all towers and antennas for which a special use permit is required by this Chapter; provided, however, that the Village Board may vary or reduce these standard separation requirements as part of the ordinance granting the required special use permit if the goals of this Chapter would be better served thereby:

         a.   Separation From Residentially Zoned Lands:

            (1)   Tower separation shall be measured from the base of the tower to the lot or property line of any residentially zoned land as specified in Table 1 below.

            (2)   Separation requirements for towers shall comply with the minimum standards established in Table 1 below.

   Table 1

 

 

         b.   Separation Distances Between Towers: Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing 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 below.

 

 

      6.   Security Fencing: Towers shall be enclosed by security fencing not less than six feet (6') in height and shall also be equipped with appropriate anti-climbing devices; provided, however, that the Village Board may waive such requirements, 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 Village Board may waive such requirements if the goals of this Chapter 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.

      8.   Co-Location Of Public Service Antennas: As a condition of the acceptance of a special use permit granted for a tower or antenna pursuant to the authority of this Chapter, the applicant for such special use permit shall agree to provide the necessary and appropriate space on the applicant's tower for the co-location of not less than one antenna serving public service uses, such as, but not limited to, fire protection, and emergency services and/or police services. Such necessary and appropriate space shall also include, if reasonably available, coaxial cable connections on the tower and from the tower to any cabinet space within the interior of the premises occupied by the applicant's facilities of the site, but only if such co-location is reasonably possible without interfering with the applicant's intended use of the tower in question. No amendment to such existing special use permit shall be required in order to authorize the co-location of such public antenna facilities on the tower or antenna in question. (Ord. 97-599, 9-9-1997)

The equipment cabinets or structures used in association with antennas shall comply with the following:

   A.   Size: A cabinet or structure for equipment storage located on the ground shall not contain more than two hundred (200) square feet of gross floor area or be more than fifteen feet (15') in height.

   B.   Roof Cabinet Requirements: If the equipment structure or cabinet is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten percent (10%) of the roof area and shall not exceed the maximum height permitted for the building on which the cabinet or equipment structure is located.

   C.   Building Code Compliance: Equipment storage buildings and cabinets shall comply with all applicable building codes.

   D.   Location: In any event, no tower, antennas, or any related equipment cabinet or structure shall be located in any front, side or rear yard as required by this Zoning Ordinance.

   E.   Screening: Any antenna and/or tower and any related equipment, cabinet or structure shall be screened by an evergreen hedge with an ultimate height of at least twelve feet (12') and an initial planted height of at least sixty inches (60").

   F.   Residential Property Screening: Any antenna and/or tower and any related equipment structures and cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet (8') in height and an evergreen hedge with an ultimate height of twelve feet (12') and an initial planted height of at least sixty inches (60").

   G.   Modification Of Building Size Requirements: The size limitations of this Section may be increased by the Zoning Enforcement Officer in the case of administratively approved uses by as much as fifty percent (50%) or by the Village Board, to the extent the Village Board deems necessary, in the case of uses permitted by special use, in order to encourage co-location of antennas. (Ord. 97-599, 9-9-1997)

Any antenna or tower that is not operated for a continuous period of twelve (12) months 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. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds for the removal of the tower or antenna at the owner's expense pursuant to the order of a court of competent jurisdiction. 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 for a continuous twelve (12) month period. (Ord. 97-599, 9-9-1997)