The purpose of this chapter is to regulate and control the location and construction of telecommunications carrier facilities. The provisions of this chapter are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provisions 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.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

   See § 22.011.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

   The following provisions shall apply to all personal wireless telecommunications facilities:

   (A)   No facility shall be constructed on residentially zoned lots.

   (B)   No building or tower that is part of a facility should encroach onto any recorded easement prohibiting the encroachment unless the grantees of the easement have given their approval.

   (C)   Lighting shall be installed for security and safety purposes only. Except with respect to lighting required by the FCC or FAA, all lighting should be shielded so that no glare extends substantially beyond the boundaries of a facility.

   (D)   No facility should encroach onto an existing septic field.

   (E)   Any facility located in a special flood hazard area or wetland should meet the requirements of the Village Watershed Development Code.

   (F)   Existing trees more than three inches in diameter should be preserved if reasonable feasible during construction. If any tree more than three inches in diameter is removed during construction a tree three inches or more in diameter of the same or similar species shall be planted as a replacement if reasonably feasible. Tree diameter shall be measured at a point three inches above ground level.

   (G)   All electronic and other related equipment and appurtenances necessary for the operations of any personal wireless services antenna shall, whenever possible, be located within a lawfully pre-existing structure or completely below grade.

   (H)   If any elevation of a facility faces an existing, adjoin residential use within a residential zoning district, low maintenance landscaping should be provided on or near the facility lot to provide at least partial screening of the facility. The quantity and type of that landscaping should be in accordance with any Village landscaping regulations of general applicability except that division (F) shall control over any tree related regulation imposing a greater burden.

   (I)   Fencing shall be installed around a facility. The height and materials of the fencing should be in accordance with any village fence regulations of general applicability.

   (J)   Any building hat is part of a facility shall be designed with exterior materials and colors that are reasonably compatible, harmonious with and blend with the natural features, buildings and structures surrounding the facility.

   (K)   Every personal wireless services antenna and antenna support structure shall be protected against unauthorized climbing or other access by the public.

   (L)   A facility may be located on the same zoning lot as one or more other structures or uses without violating any ordinance or regulations that prohibits or limits multiple structures building, or uses on a zoning lot.

   (M)   No minimum, lot area, width, or depth shall be required for a facility, and unless the facility is to be manned on a regular, daily basis, no off-street parking spaces shall be required for a facility. If the facility is to be manned on a regular, daily basis, one off-street parking space shall be provide for each employee regularly at the facility. No loading facilities shall be required.

   (N)   No portion of a facility’s supporting structure or equipment housing shall be less than 50 feet from the lot line of the facility lot or less than 25 feet from any other lot line.

   (O)   No bulk regulations or lot coverage, building coverage or FAR limitations shall be applied to a facility or to any existing use or structure coincident with the establishment of a facility.

   (P)   The village’s review of a building permit application for a facility shall be completed within 30 days. If a decision of the Village Board is required to permit the establishment of a facility, the village’s review of the application shall be simultaneous with the process leading to the Village Board’s decision.

   (Q)   The improvements and equipment comprising the facility may be wholly or partly freestanding or wholly or partly attached to, enclosed in, or installed in or on a structure or structures.

   (R)   Any public hearing authorized under this section shall be conducted in a manner determined by the Village Board. Notice of any such public hearing shall be published at least 15 days before the hearing in a newspaper of general circulation published in the village.

   (S)   Any decision regarding a facility by the Village Board or a village agency or official shall be supported by written findings of fact. The Circuit Court shall have jurisdiction to review the reasonableness of any adverse decision and the plaintiff shall bear the burden of proof, but there shall be no presumption of the validity of the decision.

   (T)   The height of any facility shall not exceed 150 feet.

   (U)   The horizontal separation distance to the nearest principal residential building shall not be less than the height of the supporting structure; except that if the supporting structure exceeds 99 feet in height, the horizontal separation distance to the nearest principal residential building shall be at least 100 feet or 80% of the height of the supporting structure, whichever is greater. Compliance with this division shall only be evaluated as of the time that a building permit application for the facility is submitted. If the supporting structure is not an antenna tower this division is satisfied.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

   (A)   Personal wireless telecommunication facilities may be located on any lot owned by or leased to the village and said facilities shall be exempt from the provisions of this subchapter.

   (B)   Personal wireless telecommunication facilities are not permitted, as of right, in any zoning district. However, such use is a conditional use in districts C-1 and I-1.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

   Personal wireless telecommunications facilities require the issuance of a conditional use permit under provisions of §§ 22.235 through 22.242, except that:

   (A)   On judicial review of an adverse decision, the issue shall be the reasonableness of the Village Board’s decision in light of the evidence presented on the siting consideration and the well-reasoned recommendation of the hearing officer or any other body that conducted the public hearing.

   (B)   Every ordinance granting approval of a conditional use permit for a personal wireless services antenna support structure shall state that any assignment or transfer of the conditional use permit or any of the rights thereunder may be made only with the approval of the Board of Trustees.

   (C)   When one or more antennas, an antenna support structure, or related equipment are not operated for the provision of personal wireless services for a continuous period of 12 months or more, such antenna, antenna support structure, or related equipment may be deemed to be abandoned by the village. The owner of such an antenna, antenna support structure or related equipment shall remove such items within 90 days following the mailing of written notice that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the village to such owner at the last known address of such owner. If two or more providers of personal wireless services use the antenna support structure or related equipment to provide personal wireless services, then the period of non-use under this provision shall be measured from the cessation of operation at the location of such antenna support structure or related equipment by all such providers.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)