Notwithstanding specific statutory direction related to small wireless facilities, the purposes of this Chapter are as follows:

   (A)   To direct the location of wireless telecommunications facilities in the Village;

   (B)   To protect residential areas and land uses from potential adverse impacts of wireless telecommunications facilities, including antenna support structure failure and falling ice;

   (C)   To minimize adverse visual impacts of wireless telecommunications facilities through careful design, siting, landscape screening, and innovative camouflaging techniques;

   (D)   To accommodate the growing need for wireless telecommunications facilities;

   (E)   To promote and encourage collocation of existing and new wireless telecommunications facilities as a primary option rather than construction of additional single use antenna support structures, and to reduce the number of such structures needed in the future. (Ord. 2021-4931, 11-15-2021)

   (A)   This chapter shall not apply to wireless telecommunications facilities located on property or structures owned by the Village.

   (B)   This chapter shall not apply to small wireless facilities located in the right-of-way. Small wireless facilities located in the right-of-way shall comply with the applicable regulations of Title 7 of the Village Code. (Ord. 2021-4931, 11-15-2021)

   (A)   Wireless telecommunications facilities shall be permitted in all zoning districts as a special use.

      1.   Exception

         (a)   Small wireless facilities shall be a permitted use in all nonresidential zoning districts.

   (B)   Collocations

      1.   Collocated wireless telecommunications facilities on existing antenna support structures are a permitted use in all zoning districts.

         (a)   Exception

Collocated small wireless facilities on an existing utility pole in a residential zoning district shall be permitted as a special use. (Ord. 2021-4931, 11-15-2021)

   (A)   Wireless telecommunications facilities must be located and designed to minimize any adverse effect they may have on residential property values. Sites shall be placed in locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.

   (B)   Wireless telecommunications facilities located on property which is not used exclusively for nonresidential purposes shall be evaluated using the following criteria which are not listed in order of priority:

      1.   Topography as it relates to line of sight transmissions for optimum efficiency in service.

      2.   Availability of road access.

      3.   Availability of electrical power.

      4.   Availability of land based telephone lines or microwave link capability.

      5.   Leasable lands and landlords who want facilities to be located on their properties.

      6.   Screening of potential and existing vegetation, structures and topographic features.

      7.   Compatibility with adjacent land uses.

      8.   The least number of sites to cover the desired area.

      9.   The greatest amount of coverage, consistent with physical requirements.

      10.   Opportunities to mitigate possible visual impact.

      11.   Availability of suitable existing structures for antenna mounting.

   (C)   The following establishes the order of priorities for locating new wireless telecommunications facilities:

      1.   Place wireless telecommunications facilities on Village owned property and structures.

      2.   Place wireless telecommunications facilities on other government owned property and structures.

      3.   Place wireless telecommunications facilities on private institutional property and structures.

      4.   Place antennas on other appropriate existing structures such as buildings, antenna support structures, water towers, and smokestacks.

      5.   Place new wireless telecommunications facilities in nonresidential districts.

      6.   Place new wireless telecommunications facilities in residential districts only if locations for which a need has been demonstrated are not available on existing structures or in nonresidential districts. The telecommunication company is required to demonstrate that it contacted, in writing, the owners of other more appropriate properties and was denied, in writing, for reasons other than economic ones. (Ord. 2021-4931, 11-15-2021)

   (A)   Minimum Lot Area

      1.   Wireless telecommunications facilities must be located on a property that is compliant with the lot area requirement of the underlying zoning district.

         (a)   The minimum lot area for wireless telecommunications facilities located in a residential district is three acres

         (b)   There is no minimum lot area requirement for small wireless facilities

   (B)   Facility height. Wireless telecommunications facilities shall comply with the maximum building height for principal buildings of the underlying zoning district.

   (C)   Minimum setbacks. Wireless telecommunications facilities must be set back from property lines a distance equal to their height and comply with the setback requirements of the underlying zoning district.

   (D)   Required separation. Wireless telecommunications facilities must be separated from telecommunications facilities on other properties by a minimum of 1,500 feet.

      1.   Exception. Small wireless facilities

   (E)   Antenna support structures shall have a noncontrasting blue, grey, or black finish, or a similar color that minimizes their visibility, unless a different color is required by the FCC or FAA.

   (F)   Required screening. All ground mounted wireless telecommunications facilities shall be enclosed with a solid six foot high fence.

   (G)   Driveways and parking areas must be provided as necessary for wireless telecommunications facilities. If any site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.

   (H)   Building mounted wireless telecommunications facilities must be architecturally compatible with the building on which they are mounted and designed and located so as to minimize any adverse aesthetic impact. Any antenna support structure or mechanical equipment must be screened or enclosed in such a manner as to mask such equipment. Said screening shall be of noncombustible material and of the same color, character and design as the building upon which the screening is erected. An antenna may be mounted to the wall of a building or extend above the roof of a building without said screening provided the antenna is painted, or otherwise made to match the color of the building or structure or background against which they are most commonly seen. Wireless telecommunications facilities shall not occupy more than an aggregate total of ten percent (10%) of the roof area of any building.

   (I)   New wireless telecommunications facilities shall be located in accordance with the site selection and protocol requirements of this chapter and shall be designed to accommodate antennas for more than one user. All wireless telecommunications facilities must be architecturally compatible with surrounding buildings and land uses or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical. (Ord. 2021-4931, 11-15-2021; amd. Ord. 2023-5042, 12-18-2023)

Applications for special use permit or building permit for a wireless telecommunications facility shall include the following:

   (A)   A scaled site plan clearly indicating the location, type and height of any proposed small wireless facility or telecommunications facility, on site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed facilities and any other structures.

   (B)   Map and/or aerial photograph showing the proposed wireless telecommunications facility location and surrounding areas within 1,500 feet.

   (C)   Legal description of the property proposed for wireless telecommunications facility.

   (D)   Exact distances, locations and identifications of surrounding residential properties or other telecommunications facilities.

   (E)   Method of fencing, color of facilities, and, where applicable, the method of camouflage and illumination.

   (F)   Construction drawings prepared by an Illinois licensed Design Professional.

   (G)   Structural analysis prepared by an Illinois licensed Structural Engineer.

   (H)   A statement by the applicant as to whether the construction of the wireless telecommunications facility will accommodate collocation of additional antennas for future users.

   (I)   Evidence of agreements with FCC licensed telecommunications provider for lease/utilization of the antenna support structure space, written proof of which must be offered by the applicant.

   (J)   The applicant must demonstrate how the proposed site fits into its overall network within the Village and plans must include any expected future facilities to be constructed within the Village.

   (K)   The applicant for a new antenna support structure shall demonstrate that a diligent effort has been made to locate the proposed telecommunications facilities in accordance with the site selection and protocol requirements of this chapter and that, due to valid considerations including physical restraints and economic or technological feasibility, no more appropriate location is available.

   (L)   The applicant is required to demonstrate that it contacted, in writing, the owners of tall structures within a 1,500 feet radius of the site proposed, asked for permission to install the antenna on those structures, and was denied in writing, for reasons other than economic ones.

   (M)   The applicant proposing to construct an antenna support structure or mount an antenna on an existing structure is required to demonstrate, using technological evidence that the antenna must go where it is proposed in order to satisfy its function in the company’s grid system.

   (N)   The applicant must demonstrate by technological evidence that the height requested is the minimum height necessary to fulfill the telecommunications facilities function in the company’s grid system.

   (O)   In order to reduce the number of antenna support structures needed in the Village in the future, any new proposed support structure shall be designed to accommodate antennas for more than one user, unless the applicant demonstrates in writing why such design is unfeasible for technical or physical reasons. (Ord. 2021-4931, 11-15-2021)

Upon abandonment, the owner / operator of a wireless telecommunications facility shall have 90 days to reactivate the use of the facility, transfer the facility to another owner / operator who makes actual use of the facility, or dismantle and remove the facility. The Zoning Administrator is authorized to determine the date of abandonment and shall have the right to request documentation and/or affidavits from the facility owner/operator regarding the issue of facility usage.

   (A)   Any wireless telecommunications facility which has not been operated for a period of 180 consecutive days shall be deemed to be abandoned.

      1.   Exception

Any small wireless facility which has not been operated for a continuous period of 12 months shall be deemed abandoned, after which the owner shall notify the Village within 90 days. Even where there is no notice from the owner of the facility, a determination of the date of abandonment shall be made by the Zoning Administrator. (Ord. 2021-4931, 11-15-2021)