The purpose of this chapter is to provide specific regulations for the placement, construction and modification of telecommunications facilities. It is desired that a rational and reasonable balance amongst and between the interests of the residents and businesses of this community, those telecommunications providers desiring to provide services and this community's obligations under applicable antenna sitting provisions contained in the federal Telecommunications Act of 1996 shall be fairly satisfied. It is the intent and goal of this chapter to encourage the location of telecommunications facilities in nonresidential areas. Further, where appropriate, location upon municipally owned lands and structures is desired, it being the opinion of the president and board of trustees that the public burden associated with the visual impact of a telecommunications facility may be offset or balanced by the public benefit generated by the leasing of municipally owned facility space. Providers are further encouraged, through the operation of these regulations, to limit the number of new tower sites and to encourage designs, locations and configurations that minimize adverse visual impact.

(Ord. 299 § 4 (part), 1997: prior code § 182.100(1))

For the purposes of this chapter, the following words and terms shall have the following meanings:

"Antenna" means an antenna device by which radio signals are transmitted, received, or both.

"Antenna support structure" means a structure, whether an antenna tower or other type of structure, that supports one or more antennas as part of a facility.

"Antenna tower" means a structure designed, manufactured and constructed primarily for the purpose of supporting one or more antennas; including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, cellular and/or PCS towers and the like.

"FAA" means the Federal Aviation Administration of the United States Department of Transportation.

"FCC" means the Federal Communication Commission.

"Governing authority" means the president and board of trustees of the village.

"Horizontal separation distance" means the distance measured from the center of the base of the antenna support structure to the point where the ground meets a vertical wall of a principal residential building.

"Lot line setback distance" means the distance measured from the center of the base of the antenna support structure to the nearest point on the common lot line between the telecommunications facility lot and the nearest residentially zoned lot.

"Nonresidential zoned lot" means a zoning lot in a nonresidential zoning district.

"Nonresidential zoning district" means all areas under the village's zoning jurisdiction except those portions within any residential zoning district.

"Residential zoned lot" means a zoning lot in a residential zoning district.

"Residential zoning district" means a zoning district that is designated under the village's zoning ordinance as an "A" (residence), "B" (residence), "C" (six-flat residence) or "D" (multiple residence) district.

"Telecommunications carrier" means a telecommunications provider or carrier as defined in the Public Utility Act of the state of Illinois (as of January 1, 1997), a mobile services provider or carrier as defined in the Federal Telecommunications Act of 1996 and may more broadly be described as a provider, carrier, seller or supplier of cellular, PCS (personal communication services, two-way radio, specialized mobile radio, wireless local loop or other form of radio telephone or wireless communications service under a license from the FCC).

"Telecommunications facility" means any antenna, antenna support structure or tower, including any related equipment boxes, shelters and buildings required by a telecommunications carrier to provide telecommunications services.

(Ord. 299 § 4 (part), 1997: prior code § 182.100(2))

All new telecommunications facilities shall comply with the ordinance codified in this chapter upon the date of passage. All telecommunications facilities existing on the date of passage of said ordinance shall be allowed to continue their usage as they presently exist. New construction, other than routine maintenance, on existing telecommunications facilities shall comply with the requirements of this chapter.

A.

Specific Permitted Uses. The following uses are specifically permitted:

1.

Pursuant to Section 17.60.070, telecommunications facilities are exempted from the provisions of this chapter and may be freely located regardless of the zoning district or type (building mounted, new tower, water tower, etc.) of installation proposed;

2.

Locating an antenna tower in any nonresidential zoning district; provided, however, that any such tower be constructed so as to provide a horizontal separation distance form the nearest principal residential building a distance equal to its height. At minimum, any such antenna tower shall provide a lot line setback a distance at least equal to one-half its height from the nearest adjoining residential lot line, regardless of the existence or location of the nearest principal residential building. Further, the established setback requirements for buildings and structures in the relevant underlying zoning districts shall also be complied with;

3.

Installing a telecommunications facility upon an existing tower, building, water tower, or other structure, including the placement of additional buildings, shelters, cabinets, boxes or other supporting equipment used in connection with such antenna, as long as the addition of the antenna or antennas adds no more than twenty (20) feet to the height of the existing tower, building rooftop, water tower or other structure. This provision shall pertain to existing structures in any zoning district, except that placement upon existing structures located in residentially zoned districts shall be built only on those structures in excess of forty (40) feet in height. Additions to existing antenna towers may exceed twenty (20) feet as provided in Section 17.60.060(B).

B.

Special Use Permits. The following uses require special use permission:

1.

If this chapter applies, and proposed antenna tower is not a permitted use under subsection A of this section, then a special use permit shall be required.

2.

In gaining a special use permit, the governing authority may impose zoning conditions to the extent the governing authority concludes such conditions are necessary to buffer or otherwise minimize any adverse effect of the proposed antenna tower on adjoining properties.

3.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a qualified professional engineer.

4.

Any applicant requesting a special use permit under this chapter shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, scaled by appropriate professional engineers, showing the location and dimensions of all improvements, including information concerning topography, radio frequency converge, tower height requirements, setbacks, drives, parking, landscaping, adjacent used, and other information necessary to assets compliance with this chapter.

5.

Special use permits shall be granted only upon approval by the president and board of trustees, after public hearing before and recommendation by the board of zoning appeals.

6.

Factors Considered in Granting Special Use Permits. The governing authority shall consider the following factors in determining whether to issue a special use permit, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria, if in the sole discretion of the governing authority, the goals of this chapter are better served thereby:

a.

Height of the proposed tower;

b.

Proximity of the tower to existing residential structures;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Designs of the tower, with particular characteristics that have the effect of reducing or eliminating visual obtrusiveness; and

g.

Availability of suitable existing towers and other structures in the vicinity. No new tower shall be permitted pursuant to the special use process unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna or antennas. Appropriate evidence used to demonstrate the lack of availability of any such structure may consist of the following:

i.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

ii.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

iii.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

iv.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures, would cause interference with the applicant's proposed antenna.

v.

The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed unreasonable.

vi.

Property owners or owners of existing towers or structures are unwilling to reasonably accommodate the applicant's needs.

vii.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable;

h.

Setbacks and Separation. The following setbacks and separation requirements shall apply to all antenna towers and antennas for which a special use permit is required; provided, however that the governing authority may, in its sole discretion, reduce the standard setback requirements if the goals of this chapter would be better served thereby.

Antenna towers must be set back a distance equal to the height of the tower from any off-site residential structure. At minimum, any such antenna tower shall provide a lot line setback at least equal to one-half its height from the antenna all adjoining residential lot line;

i.

Security Fencing. Antenna towers shall be enclosed by security fencing not less than six feet in height and shall be equipped with an appropriate and climbing device; provided, however, that the governing authority may, in its sole discretion, waive such requirements, as it deems appropriate;

j.

Landscaping. The following guidelines shall govern the landscaping surrounding antenna towers for which a special use permit is required; provided, however, that the governing authority may, in its sole discretion, waive such requirements if the goals of this chapter be better served thereby.

i.

The ground surrounding the fenced area of a telecommunications facility containing an antenna tower shall be landscaped with a buffer of plant materials that effectively screens the view of the fencing equipment shelter, cabinets of boxes of the telecommunications facility from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the facility.

ii.

In locations where the visual impact of the antenna tower would be minimal, the landscaping requirement may be reduced or waived altogether.

iii.

Existing mature tree growth and natural land forms on the site shall be presented to the maximum extent possible. In some cases, such as antenna towers site on large, wooded lots, natural growth around the facility or property perimeter may provide a sufficient buffer.

(Ord. 299 § 4 (part), 1997: prior code § 182.100(3))

The governing authority encourages and desires that the following list of pointers for new telecommunications facility be observed and the telecommunications providers and carriers endeavor in good faith to use their best efforts to locate their facilities in accordance herewith:

A.

Place telecommunications facilities upon property and structures owned by the village;

B.

Place telecommunication facilities upon appropriate existing structures such as buildings, communications towers, water towers and smokestacks;

C.

Place telecommunications facilities upon property or structures within "F" (light manufacturing) and "G" (industrial) district properties.

(Ord. 299 § 4 (part), 1997: prior code § 182.100(4))

A.

In order to reduce the number of antenna support structures needed in the village in the future, any new support structure shall be designed to accommodate antennas for at least two users, unless the applicant demonstrates in writing why such design is unfeasible for technical or physical reasons.

B.

Any antenna or antenna 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 same within ninety (90) days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within the ninety (90) days, the governing authority may remove such antennas or tower at the owner's expense. If there are two or more users of a single tower, than this provision shall not become effective until all users cease using the tower.

(Ord. 299 § 4 (part), 1997: prior code § 182.100(5))

All telecommunications facilities must meet or exceed current standards and regulations of the FAA, FCC and any other agency of the federal government with the authority to regulate such facilities. In addition, the following regulations, limitations and restrictions shall apply:

A.

The maximum height for any antenna tower, whether permitted by right or special use permit shall be as follows:

1.

One hundred eighty (180) feet on any property zoned "G" (industrial);

2.

One hundred fifty (150) feet upon any property zoned "F" (light manufacturing);

3.

One hundred twenty (120) feet upon any property zoned "C" (commercial); and

4.

One hundred (100) feet upon all other properties.

B.

The height of an existing antenna tower may be increased for the purpose of co-location or improvement of service and transmitting and receiving efficiency, as long as the overall height of the structure does not exceed the above stated maximums. No special use or height variation zoning process shall be required for any such height increase.

C.

The maximum heights stated hereinabove may be exceeded only upon approval by variation by the governing authority after a proper public hearing and recommendation by the board of zoning appeals.

D.

All antenna towers shall have an noncontrasting galvanized steel, blue, gray, or black finish, or a similar color that minimizes their visibility, unless a different color is required by the FCC or FAA.

E.

No signals, lights or signs shall be permitted on antenna towers, unless required by the FCC or FAA.

F.

All telecommunications facilities shall be built according to the standards of the Electronics Industry Association and all applicable construction and building codes.

G.

Building mounted telecommunications facilities should be architecturally compatible with the building upon which they are mounted.

H.

No telecommunications facility shall cause interference with the reception of television and radio broadcasting to the property on which they are located or to surrounding properties.

(Ord. 299 § 4 (part), 1997: prior code § 182.100(6))

Antennas or towers located on publicly owned property shall be exempt from the requirements, rules and regulations of this title, as amended from time to time; including the terms, provisions, conditions and regulations in this chapter, provided a license or lease authorizing such antenna, tower or facility has been approved by the governing authority. "Publicly owned property" includes but is not limited to: parks, schools, water towers, existing communication structures, public works, yards, police and fire stations, village and other administrative offices, and the like. This provision shall include exemption from both use and bulk (height and setback) regulations pertaining to telecommunications facilities, regardless of location or zoning district, and regardless of the type (building mounted, water tower mounted, new monopole or lattice tower, etc.) of facility to be installed.

(Ord. 299 § 4 (part), 1997: prior code § 182.100(7))