The provisions of this chapter may be referred to as the TELECOMMUNICATIONS OVERLAY DISTRICT ORDINANCE. The purpose of this chapter is to provide specific regulations for the location, placement, construction and modification of personal wireless telecommunications facilities so as to protect residential, commercial and office areas and land uses from visual blight, aesthetic degradation of the community, reduction in property values and incompatible land uses, to preserve and maintain the character of the existing residential, commercial and office zoning districts, and to otherwise protect the public safety and welfare of the residents of the village. The provisions of this chapter are not intended and shall not be interpreted 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 manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. To the extent that any provisions of this chapter are inconsistent or in conflict with any other provision of this section, the provisions of this section shall be deemed to control. (Ord. 99-3-4, 3-16-1999)

"Personal wireless services" and "personal wireless service facilities", as used in this chapter, 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. The FCC refers to the federal communications commission. (Ord. 99-3-4, 3-16-1999)

In the course of reviewing any request for any approval required under this chapter made by an applicant to install personal wireless service facilities, the plan commission or the board of trustees, as the case may be, shall act within a reasonable period of time after request is duly filed with the village, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record. Should the application of this chapter have the effect of prohibiting a person or entity from providing personal wireless services to all or a portion of the village, such provider may petition the board of trustees for an amendment to this chapter, in the manner provided in section 9-11-8 of the Riverwoods zoning ordinance. The board of trustees, upon receipt of such petition, shall promptly undertake a review of the petition and shall make a determination on the petition within a reasonable period of time, taking into account the nature and scope of the petition, and any decision to deny such a petition shall be in writing and supported by substantial evidence contained in a written record. (Ord. 99-3-4, 3-16-1999)

The shaded areas shown on the overlay district appendix to the zoning map are hereby zoned wireless telecommunications overlay district, which overlay district is generally described as including the sites generally described as follows:

   Site 1:   The site owned by the village of Riverwoods west of the northernmost of a group of entrances from Saunders Road to the Ravinia Green Country Club, on which a village owned water tower has been erected.

   Site 2:   The properties in the village lying generally west of the Des Plaines River and south of Deerfield Road; also the property lying within a three hundred foot (300') radius of the northeast corner of Deerfield Road and Milwaukee Avenue.

   Site 3:   The eastern fifty feet (50') of the Deerfield park district golf course where such golf course is adjacent to the Tri-State Tollway.

   Site 4:   The eastern sixty feet (60') of the northern sixty feet (60') of the property that is the site of the Country Inn & Suites Hotel, located at 2600 Lake Cook Road, Riverwoods, Illinois. (Ord. 02-1-1, 1-8-2002)

   A.   Permitted Use: A personal wireless service facility shall be a permitted use, whether principal or accessory, in the wireless telecommunications overlay district, provided the land on which it is located is owned or leased by the Village. All such facilities are exempt from the provisions of this chapter. All agreements with operators allowing personal wireless service facilities on land owned or leased by the Village that have been authorized by or in connection with a special use permit:

      1.   May be extended, renewed, replaced, modified or canceled by action of the Board of Trustees; and

      2.   Shall continue in full force and effect according to their terms, except that a special use permit shall not be required.

   B.   Special Use: A personal wireless service facility may be classified as a special use, whether principal or accessory, in the wireless telecommunications overlay district, provided it complies with the regulations and standards in subsection B of this section and section 9-7-6 of this chapter. A special use application shall be processed in accordance with the procedures set forth in sections 9-11-9 and 9-11-10 of this title and in section 9-7-7 of this chapter. Notwithstanding the foregoing, a "microcell facility" shall be a permitted use and not require processing as a special use. For purposes of this Chapter, a "microcell facility" shall be defined solely as: 1) not more than two (2) so called "whip antennas" attached to any existing structure within the wireless telecommunications overlay district (each such whip antenna to be a pole antenna not exceeding 11/2 inches in diameter nor exceeding 3 feet in length); and 2) related equipment cabinets adjoining such existing structure with a total footprint not exceeding forty (40) square feet nor exceeding six feet (6') in height. A microcell facility shall remain subject to all existing zoning setbacks and other zoning regulations of the underlying zoning district in which it is located (to the extent not modified by the wireless telecommunications overlay district). Equipment cabinets shall be fenced or landscaped to screen from any residential properties. (Ord. 99-3-4, 3-16-1999)

   C.   Wireless Telecommunications Overlay District Regulations:

      1.   The personal wireless service facility must conform to all minimum setback and yard requirements of the underlying zoning district, and also conform to all federal laws and regulations concerning its use and operation. In the event such standards or regulations are amended, then the owner shall bring the personal wireless service facility into compliance with the revised standards or regulations within the date mandated by the regulatory agency. Failure to bring any personal wireless service facility into material compliance with such revised standards and regulations as herein provided after notice from the village and a reasonable opportunity to bring the facility into compliance, shall constitute grounds for the removal of the personal wireless service facility at the owner's expense.

      2.   No freestanding antenna pole in excess of thirty five feet (35') in height shall be permitted in any portion of the wireless telecommunications overlay district, except for site 4 described in section 9-7-4 of this chapter, and no variations from this prohibition shall be allowed. If a freestanding antenna pole is proposed for site 4, the height of the personal wireless service facility must not exceed one hundred twenty five feet (125') above grade; otherwise a height variance must be obtained pursuant to the customary procedures before the zoning board of appeals.

      3.   Other than in those cases where a freestanding antenna pole is expressly permitted by this section, the personal wireless service facility must be directly affixed to an existing structure; and, if the personal wireless service facility uses a roof mounted antenna pole, then the height of the personal wireless service facility must not exceed ten feet (10') above the roof of an existing building. (Ord. 99-3-4, 3-16-1999; amd. Ord. 02-1-1, 1-8-2002; Ord. 19-06-12, 6-18-2019)

   A.   In considering a request for approval of a special use or variations to permit the installation of a personal wireless service facility, the zoning board of appeals, plan commission or the board of trustees, as the case may be, shall be guided by the standards contained in sections 9-11-6 and 9-11-9 of the zoning ordinance, but shall also give due consideration and weight, in the case of an application for a freestanding tower, to whether:

      1.   The plans submitted will provide for collocation of other personal wireless service facilities on the same structure, so as to minimize the proliferation of freestanding antenna supporting structures.

      2.   The applicant has sought and been denied the opportunity to collocate its personal wireless service facility on an existing antenna supporting structure.

      3.   The applicant has used all reasonable efforts to cause the personal wireless service facility be concealed where possible, to blend into the surrounding landscaping and vegetation (for example, in the case of equipment boxes) or to express an architectural harmony with existing buildings and structures.

In considering a request for approval of a special use or variations to permit the installation of a freestanding pole type of personal wireless service facility, the Zoning Board of Appeals, Plan Commission or the Board of Trustees, as the case may be, may require, by express condition, that the applicant shall allow, on a commercially reasonable basis, other providers of personal wireless telecommunications services to collocate additional personal wireless service facilities on a freestanding pole which is part of the applicant's proposed personal wireless service facility, where such collocation is technologically and structurally feasible. (Ord. 99-3-4, 3-16-1999)

   A.   All applications for building permits and special use permits for the construction, installation, replacement or modification of any personal wireless service facility shall contain such of the information set forth in this Section as may be requested by the chairman of the Plan Commission, which shall be in addition to the building permit application requirements of Title 8 of this Code and in addition to the special use application requirements of Section 9-11-9 of the Zoning Ordinance. The information may be provided by using any combination of site plans, surveys, maps, technical reports or written narratives. An application shall not be deemed complete and shall not be processed until the applicant has submitted all of the required permit application information, including all additional information requested by the chairman of the Plan Commission. The date as of which all such information has been filed shall be deemed the date of filing. The information which may be requested is set forth below:

      1.   A description of all collocation and alternative sites that were considered, including justifications as to why such sites were not selected.

      2.   Technical performance goals such as the desired signal strength which the applicant wishes to achieve and, if requested by the Village, engineering data, certified by the appropriate Illinois licensed professional, establishing that such goals can be achieved by the proposed site.

      3.   Current radio frequency coverage maps showing the area to be served and a radio frequency coverage prediction map that predicts coverage after the new site is operational with sufficient detail to determine signal levels from such maps.

      4.   The results of a drive-out test, if applicable, to confirm or refute the projected coverage maps.

      5.   If a roof-mounted or building-attached facility is proposed, a sketch or rendering of the building clearly indicating the location, type, and height of the proposed personal wireless service facility and its relation to the underlying building or structure; and elevation drawings of the proposed panel, whip, monopole or mast antennas. The types of materials by which the antenna is to be concealed or made to blend in with the materials of the existing structure should be indicated.

      6.   If a freestanding antenna pole is proposed, a scaled site plan clearly indicating the location, type, and height of the proposed personal wireless service facility, on-site land uses, adjacent land uses, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed monopole, mast, building, antenna array, fencing and landscaping, and, if there is a single-family residential unit within three hundred feet (300') of the facility, a scaled map indicating the distance between the proposed personal wireless service facility and such single-family residential unit; a landscape plan showing specific landscape materials should be included; and the method of fencing and finished color and, if applicable, the method of concealment and illumination.

      7.   A certification of a structural engineer licensed by the State, stating that the proposed means of support of the antenna is structurally sound. Where collocation is required, the structural engineer's certifications shall address the silhouette and structural integrity of the proposed personal wireless service facility for use and occupancy by two (2) telecommunications providers.

      8.   A notarized letter signed by the applicant representing and warranting that the personal wireless service facility will comply with all applicable Federal and State laws and regulations and with this Code and, where collocation is required, the proposed facility is designed to comply with such requirement; and

      9.   A copy of the applicant's or owner's FCC license (certified as true and correct by the applicant) to operate as a personal wireless service provider (if required to be so licensed by the FCC) and, where the applicant or owner is not the licensee, by copies of signed agreements with an FCC licensed personal wireless service provider (if required to be so licensed by the FCC) for the use or lease of the personal wireless service facility. (Ord. 99-3-4, 3-16-1999)

   A.   No personal wireless service facility shall be lighted unless required by the FAA or other Federal or State agency with authority to regulate. In the event such lighting is required a description of the required lighting scheme shall be filed with the Plan Commission as part of the special use application.

   B.   Unless required by State or Federal law, or by a rule of a State or Federal regulatory agency, no signs or advertising of any kind shall be placed on personal wireless service facility, other than operator identification signs which shall be placed upon equipment boxes or buildings maintained by such operator and no trespassing signs which shall be placed upon the fencing which encloses the personal wireless service facility; provided, however, no more than four (4) signs of each type shall be permitted, and the maximum square footage of each such sign shall not exceed three (3) square feet. Notwithstanding the foregoing, such signage shall be permitted only if adequate landscape screening is provided in accordance with the recommendation of the Plan Commission to shield such signage from view.

   C.   No shelter shall be used for office purposes, for storage of materials or equipment not used directly in support of the personal wireless service facility, or for any similar use.

   D.   The design of the personal wireless service facility shall receive architectural review and approval from the Plan Commission in keeping with the standards in this Chapter.

   E.   Any personal wireless service facility no longer used for its original communications purpose shall be removed at the owner's expense. The owner and applicable co-users shall provide the Village with a copy of any notice to the FCC of intent to cease operations and shall have ninety (90) days from the date of ceasing operations to remove the personal wireless service facility and any related facilities. In the case of co-use, this provision shall not become effective until all users cease operations. Any personal wireless service facility not in use for a period of one year shall be deemed a public nuisance and may be removed by the Village at the owner's expense. (Ord. 99-3-4, 3-16-1999)