Amateur radio towers and antennas. Amateur radio towers and antennas in all zoning districts, excluding properties owned and used by a unit of government, are subject to the regulations of this article.

1.

Location and setbacks:

A.

Ground mounted towers and antennas shall be located to the rear or side of a principal building. Ground mounted towers and antennas located to the side of a principal building shall be located adjacent to the rear 50 percent of the principal building. In the case of a corner lot, the corner side yard setback requirement shall be applied to ground mounted towers and antennas throughout the entire length of the lot abutting the side street. Roof mounted antenna structures shall be located on the principal building on a zoning lot.

B.

No part of a tower or antenna shall extend over a building setback line or an easement.

2.

Number: No more than one ground mounted tower and one roof mounted tower structure with antennas shall be located on each zoning lot.

3.

Diameter and width: The diameter of a tower shall not exceed two and one-half feet as measured from the farthest distance across the support structure. The width of any side of a tower shall not exceed two and one-half feet. Regarding yagi-style antennas, the horizontal portion of an antenna that directly affixes to the mast of the tower (the boom) shall not exceed 16 feet in any direction from the supporting tower structure. No part of a tower or antenna shall extend over the property line or violate an easement.

4.

Limited use: Towers and antennas in residential districts shall be used solely for communications directly related to on-site permitted uses and shall not be leased or used as part of or for any off site commercial purposes.

5.

Appearance standards:

A.

Color: Shall be monochromatic, non-reflective and neutral in color.

B.

Advertising prohibited: Shall not have any advertisement material, writing, picture, or signage other than warning notification(s), equipment identification or ownership information.

C.

Illumination: No portion of a tower or antenna shall be artificially illuminated except to the extent required by the FAA, FCC or other applicable authority.

D.

Access: Any free-standing tower or antenna shall be protected against unauthorized access by the public and no climbing foot pegs or rungs shall be permitted below 12 feet to prevent unauthorized climbing.

E.

Regulations: No tower or antenna shall be constructed or installed without a building permit issued by the village and shall comply with all building codes, electrical codes and generally recognized engineering standards.

F.

Use of guy wires: All towers and antennas shall be free standing and the use of guy wires is prohibited except when necessary to adequately stabilize a roof mounted antenna. If guy wires are necessary they shall be attached to the roof to stabilize the structure and in no instance shall guy wires be secured to the ground.

G.

Withstand wind velocity: All towers and antennas shall be constructed to withstand a minimum wind velocity of 90 miles per hour. A report prepared by a state-registered/licensed structural engineer or architect must accompany the application for a building permit.

H.

Long wire antennas: Long wire antennas shall be mounted a minimum of eight feet above grade.

(Ord. No. 10-10-04, 10-25-2010)

The height of a ground mounted tower or antenna shall not exceed 70 feet from grade measured from grade to the top of the tower or the top of the highest antenna, whichever is taller.

(Ord. No. 2010-10-39, § 1, 10-25-2010)

1.

Height limit and ground clearance: Roof and side mounted towers or antennas may extend to 25 feet above the height of the roof structure it is attached to.

2.

On flat roofs, the support structure shall be setback from the sides of the building facing a street at least one-third of the depth of the roof as it faces the street(s).

3.

On pitched roofs, no more than 50 percent of the support structure shall be mounted to any portion of the roof facing any street.

(Ord. No. 2010-10-39, § 1, 10-25-2010)

When a tower or antenna is not operated for a continuous period of at least six months, such tower or antenna and all related equipment shall be deemed abandoned. The owner of record of the property upon which such tower or antenna is located shall remove all equipment within 45 days thereafter. If the owner of record does not voluntarily remove the equipment and the village determines that a tower or antenna has been abandoned, then all equipment shall be removed by the owner of record within 45 days following receipt of written notification that removal is required. Such notice shall be sent by certified mail, return receipt requested, by the village to such owner of record at the last known address of such owner according to the tax records of the county. A principal structure or lot for sale, lease, or in foreclosure may be exempt, provided that the tower or antenna is maintained pursuant to this article.

(Ord. No. 2010-10-39, § 1, 10-25-2010)

If effective communications cannot be obtained when facilities are in compliance with the regulations set forth herein, the village board, following a public hearing before the planning and zoning commission may permit a waiver from the height, antenna width and location requirements of this article.

1.

The application for a waiver shall include at least the following:

A.

Technical evidence in the form of a report from a licensed professional engineer familiar with amateur radio operations, that effective communications cannot be obtained by facilities in compliance with the standards; and

B.

The minimum reasonable accommodations, in the form of a waiver from these regulations, required in order to permit effective communications.

2.

If a waiver of the height is necessary, the antenna shall be set back from adjacent property lines by a distance established by the village board.

(Ord. No. 2010-10-39, § 1, 10-25-2010)