Kirkland City Zoning Code
TELECOMMUNICATIONS TOWERS
AND ANTENNAS
§ 154.170 PURPOSE; GOALS; LEGISLATIVE FINDINGS; INTERPRETATION.
(A) Purpose. The purpose of this subchapter is to establish general guidelines for the siting of wireless communications towers and antennas in the village.
(B) Goals.
(1) The goals of this subchapter are to:
(a) Protect land uses and property values by minimizing the potential adverse impacts of towers and antennas;
(b) Protect the health, safety and welfare of the residents and businesses of the village;
(c) Minimize the total number of towers necessary to serve the community;
(d) Promote and encourage the shared use of tower sites as a primary option, rather than construction of additional single-use structures;
(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 and accessory buildings by means of careful siting, design, landscape screening, and innovative camouflaging techniques;
(g) Encourage the use of alternative, small cell distributed antenna systems as a means to mitigate the aesthetic impact of personal wireless telecommunications facilities in areas of special economic, historical or architectural value to the village;
(h) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; and
(i) 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.
(2) 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.
(C) Legislative findings. The Village Board makes the following legislative findings concerning the relationship these regulations have with the village's general plarrning efforts:
(1) The Planning and Zoning Commission has conducted several meetings with public hearings on this subchapter and has reviewed appropriate areas for towers and antennas in the village to minimize the impact.
(2) The Village Board generally adopts the findings and recommendations of the Planning and Zoning Commission.
(3) The Village Board encourages the location of the towers and antennas on properties owned by the village or other units of local government when the setbacks and separation distances set forth in this subchapter can generally be met.
(D) Interpretation.
(1) The provisions of this chapter are not intended to and shall not be interpreted or applied so as 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 between providers of functionally equivalent personal wireless services. To the extent that any provision or provisions of this chapter are inconsistent or in conflict with any provision of this subchapter, the provisions of this subchapter shall be deemed to control.
(2) In the course of reviewing any request for any approval required under this subchapter made by an applicant to provide personal wireless service or to install personal wireless service facilities, the Village Board shall act within a reasonable period of time after a complete request is duly filed with the village, taking into account the nature and scope of the request. There shall be a rebuttable presumption that a reasonable period of time to take final action on applications for collocated facilities is 90 days and for new facilities 150 days; provided that such period shall be tolled during any time the applicant needs to respond to reasonable requests for additional information. Any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record.
(3) No decision to deny an application for a conditional use permit or a zoning variation for the construction or installation of a personal wireless service facility may be based on the environmental effects of radio frequency emissions to the extent that such facility complies with the FCC's regulations concerning such emissions.
(4) Nothing herein shall be construed to release any applicant from compliance with all applicable federal, state and local building, electrical and occupational safety laws, regulations, codes and rules.
(Ord. 16-02, passed 2-22-2016)
§ 154.171 DEFINITIONS.
For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. Any exterior transmitting or receiving device mounted on a tower or base station 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.
BACKHAUL 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.
BASE STATION. Includes other structures, excluding towers, that support or house a personal wireless service facility as of the effective date of this subchapter or on which new personal wireless service facilities are granted permission to be erected.
DISTRIBUTED ANTENNA SYSTEM. A network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.
FAA. The Federal Aviation Administration.
FCC. The Federal Communications Commission.
HEIGHT.
(1) 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.
(2) ESTABLISHED HEIGHT. The height of a tower, excluding transmission equipment and other appurtenances, at the time that tower is constructed or on the effective date of this Code, whichever is later.
NO-IMPACT ANTENNA FACILITY. An antenna facility which is either:
(1) Virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure; or
(2) 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 base station which it is:
(a) Placed on, such as a rooftop, lighting standard, or existing tower; or
(b) Replacing, such as a school athletic field light standard.
PERSONAL WIRELESS SERVICE and PERSONAL WIRELESS SERVICE FACILITIES. As used in this subchapter, shall be defined in the same manner as in Title 47, United States Code, Section 332(c)(7)(C), as amended now or in the future. Generally, these terms refer to licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public. For the purpose of this chapter the term PERSONAL WIRELESS SERVICE FACILITIES includes each of its component parts, including ground-mounted support equipment, screening, landscaping, towers and/or antennas, as deemed appropriate in the context, and any other appurtenant improvements required as a condition of authority to construct such facilities.
PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS. Any personal wireless service facility for which a building permit has been properly issued prior to the effective date hereof, including permitted personal wireless service facilities that have not yet been constructed so long as such permit is current and not expired.
TOWER. Any structure that is designed and constructed primarily solely 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. 16-02, passed 2-22-2016)
§ 154.172 APPLICABILITY.
(A) New towers and antennas. Except as otherwise provided in this subchapter, all new personal wireless service facilities in the village shall be subject to these regulations.
(B) Excluded items.
(1) Amateur radio station/receive only antennas. Any tower, or any antenna, that is under 70 feet 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 subchapter, and shall be governed by this chapter.
(3) AM Array. For purposes of implementing this subchapter, 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. 16-02, passed 2-22-2016)
§ 154.173 GENERAL REQUIREMENTS.
(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) State or federal requirements.
(1) 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 personal wireless service facility governed by this section shall bring such personal wireless service facility into compliance with such revised standards and regulations within six months after:
(a) The effective date of any such standards and regulations; or
(b) The date the facilities are amortized at least 50%, whichever is later, unless a different compliance schedule is mandated by the controlling state or federal agency.
(2) Failure to bring any personal wireless service facility into compliance with such revised standards and regulations within such time shall constitute grounds for the removal of the personal wireless service facility at the owner's expense.
(C) Building codes; safety standards. To ensure the structural integrity of a personal wireless service facility, the owner of a personal wireless service facility shall ensure that it is designed, constructed and at all times maintained in compliance with standards contained in applicable state or local building codes, as amended from time to time. Owner shall submit plans, stamped by a professional engineer, sufficient for review and issuance of a building permit for the tower and all related facilities. 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 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the personal wireless service facility at the owner's expense. Prior to the issuance of a building permit the applicant shall post with the village a performance bond equal to the cost of removing the personal wireless service facility and all associated equipment.
(D) Lot size. For purposes of determining whether the installation of a personal wireless service facility complies with applicable regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements in the district in which the personal wireless service facility 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.
(E) 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 glare and obtrusiveness. The color of the tower shall be designed to facilitate the appearance of the tower to blend with the natural environment, subject to the approval of the Village Board.
(2) At a tower site, the design of the equipment building and/or cabinet, and any related structures shall, to the extent possible, use materials, colors, and/or textures that will blend them into the natural setting and surrounding buildings; in addition, the village may require as a condition for approval of the application for special use certain screening or landscaping.
(3) If an antenna is installed on a base station, 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 base station so as to make the antenna and related equipment as visually unobtrusive as possible.
(F) 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. Lighting is permitted during times which construction or maintenance is being performed on a tower.
(G) Measurement. For purposes of measurement, tower separation distances shall be calculated and applied to facilities located in and around the village irrespective of municipal and county jurisdictional boundaries.
(H) Signs. No signs shall be allowed on any antenna or tower, except for any safety warning or other sign required by applicable regulation and a sign bearing the identity of the owner of the personal wireless service facility.
(I) Buildings, cabinets, and support equipment. Buildings, cabinets, support equipment and other facilities associated with any antenna or tower shall comply with the requirements of § 154.175
(J) Not essential services. Personal wireless service facilities shall not be regulated or permitted as essential services, public utilities, or private utilities.
(K) Inventory of existing sites. Each application for a new personal wireless service facility shall include an inventory of existing personal wireless service facilities, or sites which have been approved for personal wireless service facilities, or for which applications or petitions for approval for personal wireless service facilities have been filed, that are either within the jurisdiction of the village or within one-quarter 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 subchapter or other persons or entities seeking to locate personal wireless service facilities 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 personal wireless service facility. The purpose of requiring this information is to facilitate and promote collocation of communication facilities.
(Ord. 16-02, passed 2-22-2016)
§ 154.174 PERMITTED USES.
(A) General. The uses listed in this section are deemed to be permitted uses and shall not require any special 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 subchapter.
(1) Any personal wireless service facility 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 antennas located on an existing tower or base station that does not substantially change the dimensions of the tower or base station more than described below:
(a) The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; or
(b) The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter; or
(c) The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; or
(d) The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.
(Ord. 16-02, passed 2-22-2016)
§ 154.175 SPECIAL USE PERMITS.
(A) General provisions. The following provisions shall govern the issuance of special use permits for personal wireless service facilities by the village.
(B) If the personal wireless service facility is not a permitted use under § 154.174, then a special use permit shall be required for the construction of a tower or the placement of an antenna on a base station.
(C) Applications for special use permits under this subchapter shall be subject to the procedures and requirements of the zoning regulations in this chapter; in particular, any specific regulations of the zoning district in which the property on which the special use is to be located, except as modified in this subchapter. In the event of a conflict, the more restrictive regulation shall control.
(D) In granting a special use permit, the Zoning Board may recommend, and/or the Board of Trustees may impose, conditions for approval to the extent the village concludes such conditions are necessary to minimize any unique adverse effect of the proposed tower, any equipment building or cabinet, and other facilities related to the tower, but such conditions may not have the effect of prohibiting erection of a tower otherwise shown to be necessary at the proposed location.
(E) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(F) Each applicant for special use shall file an application with the Village Clerk, including the information set forth in § 154.173(B), together with the application fee and a deposit from which the village shall from time to time pay the costs incurred by the village for 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 and required deposit amount for such application.
(G) Towers.
(1) Information required. In addition to any information required for applications for special use permits under the the zoning regulations in this chapter, applicants for a special use permit for a tower shall submit the following information.
(2) 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 this subchapter, adjacent roadways, proposed means of access, setbacks from property lines and structures, elevation drawings of the proposed facilities, topography, parking, and other information deemed by the village to be reasonably necessary to assess compliance with this subchapter.
(3) The setback distance between the proposed tower and each of the following: the nearest residential unit; any residentially zoned property (including any unplatted residentially zoned property); and any other property planned for residential uses.
(4) A landscape plan showing specific landscape materials to be incorporated into the screening required, if any.
(5) A description of the finished color and, if applicable, the method of camouflage and illumination, including any fencing.
(6) A description of applicant's compliance with § 154.173(C), (D), (E), (F), (G), (H), (I) and (K) and divisions (E) and (F) of this section.
(7) A statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(8) A statement by the applicant describing how/why any existing towers or base stations cannot be used to provide the service proposed by the new tower.
(9) If the location is leased or to be leased to applicant, agreement by the owner to terms relating to removal of the personal wireless service facility and related facilities, as described in this section.
(H) Factors considered in granting special use permits for towers. In addition to any standards for consideration of a special use permit application pursuant to § 154.208 of this chapter, the Zoning Board and the Board of Trustees shall consider the following factors in determining whether to recommend issuance of a special use permit:
(1) Height of the proposed tower by comparison to the permitted height in the relevant zoning district, and whether the application qualifies for a height variance, if required;
(2) Whether uses on adjacent and nearby properties are particularly and uniquely sensitive to the impacts from towers, and the facts which distinguish the adjacent and nearby properties from other properties in the village;
(3) Whether topography of the land surrounding the proposed site of the tower affects the perceived height of the tower and the utility of the tower;
(4) Whether tree coverage and foliage surrounding the proposed site of the tower affects the applicant's ability to camouflage the tower;
(5) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(6) How the proposed ingress and egress to the proposed site of the tower affects nearby traffic patterns and whether the surrounding highway network is capable of supporting the vehicles used to install and service the tower; and
(7) Availability of suitable existing towers, other structures, or distributed antenna systems, as discussed in division (I) of this section.
(I) 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, base station or a distributed antenna system can accommodate the applicant's proposed coverage requirements. An applicant shall submit information requested by the village related to the availability of suitable existing towers, other structures or distributed antenna systems. Evidence submitted to demonstrate that no existing tower, base station or distributed antenna systems can accommodate the applicant's proposed antenna may consist of any of the following:
(1) There are no existing towers or base stations are located within the geographic area which meet applicant's engineering requirements.
(2) Existing towers or base stations are not of sufficient height to meet applicant's engineering requirements.
(3) Existing towers or base stations do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(4) The applicant's proposed antenna would cause electromagnetic interference with the antenna on existing towers or base stations, or the antenna on the existing towers or base stations would cause such interference with the applicant's proposed antenna.
(5) The fees, costs, or other contractual provisions for payment or expense required by the owner in order to share an existing tower or base station or to adapt an existing tower or base station 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.
(6) The applicant demonstrates by clear and convincing evidence that there are other limiting factors that render existing towers and base stations unsuitable.
(7) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a distributed antenna system, is unsuitable. It shall not be presumed that merely because costs of alternative technology exceed the cost of developing a new personal wireless service facility that the alternative technology is unsuitable.
(J) Setbacks. The following setback requirements shall apply:
(1) Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line.
(2) Guys and equipment buildings or cabinets must satisfy the minimum zoning district setback requirements, including the provision of transitional yards, if required.
(K) Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required:
(1) Separation from off-site uses/designated areas. 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.
(3) 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.
Table 1. | |
Off Site Use/Designated Area | Separation Distance |
Residential properties Whether single-family, duplex or multi-family Whether vacant or with a principal structure Whether platted or has a preliminary subdivision plan approved that is not expired | 400 feet |
Non-residentially zoned lands or non-residential used land | 100% of the tower height |
The Kishwaukee River, Bull Run or any watercourse | 300 feet, as measured from the shore |
Highways | 500 feet, from the right-of-way |
Table 2. Existing Towers - Type, Minimum Separation Distance | ||||
Lattice | Guyed | Monopole >75 Feet High | Monopole <75 Feet High | |
Lattice | 1,000 | 1,500 | 500 | 250 |
Guyed | 1,500 | 1,750 | 1,500 | 1,250 |
Monopole >75 feet high | 500 | 1,500 | 250 | 250 |
Monopole <75 feet high | 250 | 1,250 | 250 | 250 |
(L) Security fencing/anti-climbing. Notwithstanding anything else to the contrary contained in the zoning regulations in this chapter, a tower, and any equipment building or cabinet related thereto, shall be enclosed by fencing for security purposes. Said fencing shall be not less than six feet in height. The tower shall also be equipped with an appropriate anti-climbing device; or shall be designed to discourage climbing; provided however, that the Zoning Board may recommend and the Board of Trustees may approve a waiver of such requirement as it deems appropriate.
(M) Landscaping. In the event that landscaping is proposed by the applicant or is otherwise required as a condition for approval of the special use application, the following requirements shall govern:
(1) The standard landscape screen or buffer shall consist of a landscaped buffer of evergreen trees at least six feet high outside the perimeter of the facilities and/or any fence.
(2) In a location where the visual impact of the tower would be minimal, the landscaping standards may be reduced in the discretion of the village.
(3) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
(N) Recommendation; approval. The Zoning Board 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 subchapter, if either respectively concludes that the purposes and goals of this subchapter would be better served thereby; and specifically as to the setback requirement of this subchapter, may reduce the standard if enforcement of the requirement would effectively prohibit the proposed facilities.
(Ord. 16-02, passed 2-22-2016)
§ 154.176 EQUIPMENT BUILDINGS OR CABINETS AND OTHER RELATED FACILITIES.
The equipment building or cabinet, and other related facilities, used in association with a personal wireless service facility shall comply with the following.
(A) Antenna mounted on a structure or rooftop.
(1) For any structure or rooftop which is less than 65 feet in height, the related equipment building or cabinet, and other facilities, if greater than 150 square feet of gross floor area in size, or greater than ten feet in height, shall be located or screened so it is not visible from the ground.
(2) 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 the minimum size available for such equipment and are located a minimum of six feet 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 36 inches, and an ultimate height of at least 42 inches to 48 inches.
(b) In a rear yard, provided building or cabinet and related facilities shall be screened by an evergreen hedge with a planted height of at least 36 inches and an ultimate height of eight feet.
(2) 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 in height or an evergreen hedge with a planted height of at least 36 inches and an ultimate height of eight feet.
(3) Otherwise, any such building or cabinet and related facilities shall be screened by an evergreen hedge with a planted height of at least 36 inches and an ultimate height of 8 feet.
(C) Antenna located on a tower. Any equipment building or cabinet and related facilities 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 subchapter may be varied by the village by recommendation of the Zoning Board, 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. 16-02, passed 2-22-2016)
§ 154.177 REMOVAL OF ABANDONED ANTENNAS AND TOWERS.
(A) Any antenna or tower that is not used or operated for a continuous period of 12 months, or which fails to comply with the requirements of § 154.173(B) or (C) shall be considered abandoned. However, before an antenna or tower is considered abandoned, the Village Board shall provide the owner thereof and the owner of the property upon which it is located with at least 45 days advance written notice of the reasons why the village has determined it is abandoned, notice of the date and time of the meeting when the matter will be considered and advise them that they will be given the opportunity to be heard at the meeting.
(B) All abandoned or unused portions of a personal wireless service facility shall be removed within six months of the Village Board's determination that such facilities are abandoned, unless a time extension is approved by the Village Board. Before the Village Board makes a finding or issues an order for removal of the facility resulting from its abandonment, the applicant and the owner shall be given an opportunity for a pre-deprivation hearing in the manner described below:
(1) When the village believes all or any part of a facility has been abandoned, the Village Clerk shall cause a notice of facility abandonment to be sent via first class mail to the owner of the facility. The notice of facility abandonment shall state the name and address of the owner, the name and address of the property owner, a summary of the grounds for the village's determination and describe the opportunity for a hearing. If the village does not have any records identifying the owner of the facility, the village shall send notice to the owner, as identified by the tax records of the Chief County Assessment Officer.
(2) Failure to request a hearing within 21 days from the date of the notice will result in the Village Board making its determination solely on the basis of evidence presented by the village staff, agents and contractors.
(3) A person may challenge the validity of the notice of facility abandonment by requesting a hearing and appearing in person to submit evidence which would disprove abandonment, or the term for which the facility has not been used or operated is less than 12 months. Upon a request for a hearing, the Village Clerk shall schedule the hearing for a regular or special Village Board meeting.
(4) All parties shall be given a reasonable opportunity to present testimony and evidence at the hearing. A request for a continuance of the hearing date must be made in person before the Village Board and may be granted upon a showing of good cause. The formal rules of evidence will not apply at the hearing.
(5) Written notice of the Board's determination of abandonment shall be sent via regular mail, and via certified mail, return receipt requested, to the owner of the personal wireless service facilities and the owner of the property, as determined by reference to the records of the Chief County Assessment Officer.
(C) The owner of any antenna or tower designated by the Village Board as abandoned shall remove the same within 90 days of receipt of notice from the village.
(D) In order to guarantee said removal, the applicant for a building permit for placement of personal wireless service facilities must post and maintain as a condition of the permit an irrevocable letter of credit, performance bond or other security as approved by the Village Attorney, in an amount equal to 115% of the estimated cost of removal. Terms and conditions regarding the required removal and performance guarantee provisions of this subchapter shall be established as a condition of a special use ordinance, if required.
(E) If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(Ord. 16-02, passed 2-22-2016)
§ 154.178 NON-CONFORMING STRUCTURES.
(A) Expansion of non-conforming structure. Notwithstanding anything to the contrary contained in this chapter, towers that are constructed, and antennas that are installed, in accordance with the provisions of this subchapter shall not be deemed to constitute the expansion of any non-conforming use or structure.
(B) Pre-existing towers. Any pre-existing tower shall be allowed to continue such use as exists at the time of adoption of these regulations and may be expanded only to the extent described in § 154.174(B)(2). Routine maintenance shall be permitted on such a pre-existing tower, 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 subchapter.
(C) Rebuilding of damaged or destroyed nonconforming personal wireless service facilities. Notwithstanding any provision in this chapter to the contrary, bona fide non-conforming antennas, antenna structures or personal wireless service facilities that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this chapter.
(D) Except as permitted by § 154.174(B)(2), the type, height, and location of the personal wireless service facility on-site shall be of the same type and intensity as the original facility approval.
(E) A building permit to rebuild the personal wireless service facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the personal wireless service facility is damaged or destroyed.
(F) If no permit is obtained within said time, or if such permit thereafter expires, the personal wireless service facility shall be deemed abandoned as specified in § 154.177 and shall lose its designation as a non-conforming structure.
(Ord. 16-02, passed 2-22-2016)
§ 154.179 ANNUAL REPORTING OF INFORMATION.
Each owner of an antenna, antenna structure, or tower regulated under this subchapter, and any previously existing antenna, antenna structure, or tower which would have been regulated under this subchapter had it existed at the time of permitting 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 subchapter. Such information shall include:
(A) Changes in availability of space on any tower for collocation of additional antennas;
(B) Any plan to abandon a position on a tower (thereby leaving space for the possible collocation of another antenna);
(C) Any plan and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation;
(D) Any plan to abandon a tower structure;
(E) Such other non-proprietary information as may be required by the village to assist with the administration of this subchapter.
(Ord. 16-02, passed 2-22-2016)