The purpose of this Chapter is to encourage the continued improvement of wireless telecommunications in the Village; to exercise the Village's zoning authority consistently with State and federal law concerning telecommunications facilities; and to regulate telecommunications facilities in a manner that will conserve the taxable value of land and buildings throughout the Village, will promote the public health, safety, comfort, and welfare, and will preserve sites, areas, and structures of historical, architectural, and aesthetic importance.

The following definitions (in addition to the definitions found in Section 17.04.040) are applicable to this Chapter 17.50:

Antenna means a device by which radio signals are transmitted, received, or both.

Facility means that part of the signal distribution system used or operated by a telecommunications carrier under a license from the FCC consisting of a combination of improvements and equipment including: (i) one (1) or more antennas; (ii) a supporting structure and the hardware by which antennas are attached; (iii) equipment housing; and (iv) ancillary equipment such as signal transmission cables and miscellaneous hardware.

Facility height means the total height of the facility's supporting structure and any antennas that will extend above the top of the supporting structure; however, if the supporting structure's foundation extends more than three (3) feet above the uppermost ground level along the perimeter of the foundation, then each full foot in excess of three (3) feet shall be counted as an additional foot of facility height. The height of a facility's supporting structure is to be measured from the highest point of the supporting structure's foundation.

Facility lot means the zoning lot on which a facility is or will be located.

Nonresidential zoning districts means all zoning districts designated under the Zoning Ordinance except for residential districts designated under Chapter 17.20.

Residential zoning districts means all zoning districts designated under Chapter 17.20 of the Zoning Ordinance.

Supporting structure means a structure, whether an antenna tower or another type of structure, that supports one (1) or more antennas as part of a facility.

Where a provision of this Chapter 17.50 conflicts with a provision in another chapter of the Zoning Ordinance, the provision from this Chapter shall control. Where a provision in this Chapter 17.50 conflicts with a federal or State of Illinois legal requirement, the federal or State of Illinois legal requirement shall control.

The Village Board may authorize a facility as a special use in any zoning district, subject to the following:

A.

The procedures and standards of Chapter 17.36 and of Section 17.44.060 are followed and met.

B.

The requirements of this Chapter 17.50 are met.

C.

All requirements of the zoning district in which the facility is proposed to be located are met, except for requirements which are inconsistent with this Chapter 17.50.

A facility may be authorized in a residential zoning district only if the application complies with Sections 17.50.040(A), (B), and (C) above; and the applicant establishes that no site available in a nonresidential zoning district or outside the Village would enable the telecommunications carrier for whom the application was submitted to provide the proposed service.

A facility shall be designed to accommodate the applicant plus two (2) additional telecommunications carriers if the facility height exceeds one hundred (100) feet, and shall be designed to accommodate one (1) additional telecommunications carrier if the cell tower height exceeds sixty (60) feet.

Except for any application to place a new facility on school district property, the Village Board shall not authorize a new facility as a special use unless the applicant establishes that the service planned for the proposed new facility cannot be achieved through use of an existing facility within a one-mile radius of the site proposed in the application. An application to place a new facility on school district property is not subject to this Section 17.50.070.

The Village Board may authorize a facility as a special use only if the applicant establishes that the facility operation would not interfere with fire protection, ambulance, or other public safety communication.

The applicant shall design the cell tower in a manner as harmonious as possible with the surrounding environment, through the use of color, camouflaging architectural treatment, and landscaping.

The height of a facility shall not exceed two hundred (200) feet in a nonresidential district, and shall not exceed seventy-five (75) feet in a residential district.

A facility's fall zone shall be one hundred ten percent (110%) of its height. A facility may not be located closer than its fall zone to a residential structure or to an outdoor area where people congregate.

A.

The regular yard and setback requirements of the zoning district in which the facility is proposed to be located are applicable, except that a facility must be set back at least fifty percent (50%) of its height from the facility lot lines in a nonresidential district, and must be set back at least one hundred percent (100%) of its height from the facility lot lines in a residential district.

B.

In addition, no facility may be set back less than its height from the nearest overhead electrical power line which serves more than one (1) dwelling or place of business.

C.

The regular yard and setback rules of the zoning district in which the facility would be located apply to equipment buildings and other accessory structures related to the facility.

D.

Peripheral anchors, guy wires, or other supporting devices shall be located no closer than ten (10) feet to any facility lot line.

E.

The antenna array shall not extend more than five (5) feet from the attachment structure at the point of attachment.

Where the lot on which the facility is proposed to be placed has an existing principal structure housing a principal use, the facility and all related or accessory structures shall be located behind the rear building line.

A.

The facility shall be illuminated only as required by federal or State law or regulation.

B.

Only reasonably-sized signs displaying equipment or warning information may be placed on the facility.

A.

After considering the following factors, the Zoning Board may grant a variance application from the rules and requirements set out in this Chapter 17.50, or from the rules of the zoning district in which the facility is proposed to be placed:

1.

Whether, but for the granting of the variance, the service that the applicant seeks to enhance or provide will be less available, impaired, or diminished in quality, quantity, or scope;

2.

Whether the conditions on which the variance application is based are unique in some respect or, if not, whether strict application of the regular zoning rules would result in a hardship to the applicant;

3.

Whether a substantial adverse effect on public safety would result from some aspect of the facility design, but only if that aspect of design is modifiable by the applicant;

4.

Whether there are benefits to be derived by the users of the services the applicant would provide, or benefits that would be enhanced;

5.

Whether the facility would benefit public safety and emergency response capabilities;

6.

Whether the proposed facility would encroach on a recorded easement without easement grantee approval;

7.

Whether the proposed facility would encroach on an existing septic field;

8.

Whether the proposed facility would meet legal requirements for special flood hazard areas or wetlands; and

9.

Whether the applicant proposes a facility that is as harmonious as possible with the surrounding environment.

B.

The procedures and standards applicable to variances generally, as are set forth in Chapter 17.44, also shall apply to variance applications under this Section 17.50.150.

After the initial granting of a special use permit for a facility, modifications to information or terms in the initial special use application, including a change in ownership of the facility or the property, a change in the technology used, an equipment addition or replacement, or a change in design, are subject to approval by the Village Board. The procedures, requirements and fees applicable to an initial special use application shall apply to an application for modification.

The facility owner shall be responsible for dismantling and removing the facility, along with related equipment and structures, within eighteen (18) months of the cessation of the operation of the facility, unless an additional six (6) months is requested for good cause and is granted by the Village Board.

A.

The zoning use permit application fee for a facility shall be fifteen dollars ($15.00) per vertical foot for a new facility, with a one thousand dollar ($1,000.00) minimum; and a flat fee of one thousand dollars ($1,000.00) if the application is for co-location on an existing facility.

B.

The special use permit applications fee for a facility shall be the regular fee currently applicable to special use applications.

C.

A zoning registration fee of one hundred dollars ($100.00) shall be due from the facility owner on the date the facility's zoning use permit is issued and on the same date each year thereafter until the facility is dismantled. This fee shall be accompanied each year by the following information: the names and addresses of the current facility owner and facility lot owner, the facility's co-location status and capability, and proof of liability insurance.

D.

If Village right-of-way must be used for access to a facility, a thirty dollar ($30.00) right-of-way fee shall be due from the facility owner on the date the facility's zoning use permit is issued and on the same date each year thereafter that Village right-of-way is used.