1. New or reconstructed wireless telecommunications towers and any enlargements or re-configurations of an existing wireless telecommunications tower are allowed only as indicated in Table 5-1.
2. Applicants requesting approval of a special use permit for a wireless telecommunications tower must demonstrate that it complies with the regulations of this chapter and special use permit criteria of Section
10-12-4.
3. Wireless telecommunications towers are expressly prohibited in designated wetlands and floodplains.
1. Wireless telecommunications towers must be set back at a distance equal to the height of the tower from any lot line and from any principal building on the lot, excluding telecommunications equipment sheds and other accessory structures.
2. Wireless telecommunications towers with designed break-away features may be allowed to have a setback less than the height of the tower if such a reduced setback is expressly approved as part of the special use permit.
3. Wireless telecommunications towers and all related wireless telecommunications antennas, equipment and buildings are allowed in the rear yard or side yard only. They are expressly prohibited in front yards and side yards abutting a street.
C. Location on Lots with Existing Principal Uses:
1. Wireless telecommunications towers may be located on a lot with an existing principal use as long as all other requirements of this chapter are met.
2. Wireless telecommunications towers may be located within an easement area on a lot or parcel of record.
D. Separation Distances Between Wireless telecommunications towers: Any new proposed wireless telecommunications tower greater than fifty feet (50') in height must maintain a separation distance of at least one thousand five hundred feet (1,500') from any other existing wireless telecommunications tower. Any new proposed wireless telecommunications tower that is fifty feet (50') in height or less must maintain a separation distance of at least five hundred feet (500') from any other existing wireless telecommunications tower.
E. Height: The height of a proposed wireless telecommunications tower must be the minimum height required to fill a significant gap in coverage, but in no event may the height exceed one hundred and fifty feet (150'). The burden is on the applicant to justify the proposed height of the proposed wireless telecommunications tower.
F. Extensions: Lateral extensions or arms on wireless telecommunications towers are discouraged. If proven by an applicant to be necessary for co-location purposes or other valid reasons, lateral extensions or arms extending no more than twelve feet (12') in length may be approved.
G. Landscaping, Fencing and Equipment Structures:
1. The base of wireless telecommunications towers must be screened and protected by a six-foot (6') tall solid, privacy-style fence with locked gate. The required fence may not conflict with any setback or sight triangle (intersection visibility) requirements. The required fence must be screened by a hedge or shrubbery with an ultimate height of at least four feet (4') and planted at an initial height of at least two feet (2'). The required fence and landscaping must be continuously maintained and repaired or replaced as necessary.
2. Equipment and structures associated with a wireless telecommunications tower:
a. Must be located at the base of the tower structure and within the required solid fence;
b. May not exceed one hundred and forty-four feet (144') in area;
c. May not exceed fifteen feet (15') in height; and
d. Any proposed generator must comply with all applicable regulations of the village, including, but not limited to, fire code regulations, and may require appropriate sound mitigation measures.
H. Wireless Telecommunications Tower Construction:
1. New wireless telecommunications towers are discouraged, and necessary wireless telecommunications antennas must be located on existing structures or co-located on existing wireless telecommunications towers whenever possible. When an applicant demonstrates that location on existing structures or co-location on existing wireless telecommunications towers is not feasible, then new wireless telecommunications towers may be approved.
2. New wireless telecommunications towers must be able to accommodate at least three (3) wireless telecommunications antenna arrays of separate licensed telecommunication carriers, unless a smaller stealth tower is proposed and co-location is not feasible, and must be of one of the following types of construction, listed in order of preference:
c. Guyed towers or lattice towers.
3. The applicant must demonstrate the need for the proposed type of wireless telecommunications tower construction and must demonstrate why preferred alternatives are not feasible.
I. Illumination and Lighting: Wireless telecommunications towers may not be artificially illuminated except as may be required for minimum security and human safety purposes (at or around ground level) or as required by the Federal Aviation Administration. Ground-level buildings, equipment and fencing may contain be illuminated only as necessary for security and human safety purposes and must be downcast and shielded to prevent spillover light beyond the lot lines of the subject property.
J. Color and Concealment:
1. Wireless telecommunications towers must be a neutral color that blends as much as possible with the existing landscape and surrounding structures.
2. Where reasonably feasible based on the wireless telecommunications tower construction, all cables and equipment (excluding wireless telecommunications antennas) must be enclosed within the tower and not visible (excluding ground equipment and structures). Any approved exterior cables and equipment located on a wireless telecommunications tower must be painted or otherwise colored to match the color of the wireless telecommunications tower.
K. Signs and Advertising:
1. The use of any portion of a wireless telecommunications tower for signs or advertising purposes, including, without limitation, company name, banners, or streamers, is expressly prohibited.
2. Safety and warning signs, such as "no trespassing", are permitted on the fence surrounding the wireless telecommunications tower.
3. A sign listing the name and phone number to contact the owner. manager and/or licensed wireless carrier is required and must be provided on the gate of the fence enclosing the wireless telecommunications tower and related structures and equipment.
L. Licensed Wireless Carriers: Wireless telecommunications towers will only be considered for special use permit approval when constructed for one or more licensed wireless carriers, who must co-sign the village's zoning application, and who must locate on the proposed wireless telecommunications tower. Towers must be constructed to accommodate a minimum of three (3) co-located carriers, unless a smaller stealth tower is proposed and co-location is not feasible. Wireless telecommunications towers for which there are no specific licensed wireless carriers proposed are expressly prohibited.
M. Maintenance: The applicant must continuously maintain the appearance and structural integrity of the wireless telecommunications tower.
N. Application Requirements: In order to request a special use permit for a wireless telecommunications tower, the applicant must complete the village's zoning application. In addition to providing all information required by the zoning application, an applicant must also submit the following documentation and evidence. Failure of the applicant to submit any of the following information constitutes grounds for denial of the special use permit request:
1. A copy of the applicant's FCC license, or if the applicant is not an FCC license holder, a copy of the FCC license of the proposed licensed wireless carrier who will utilize the wireless telecommunications tower.
2. A commitment of a licensed wireless carrier to locate on the proposed wireless telecommunications tower, signed by the licensed wireless carrier.
3. A certification signed by the applicant and supported by evidence explaining why existing wireless telecommunications towers or locations on existing structures cannot satisfy the needs and requirements of the applicant instead of constructing a new wireless telecommunications tower. This certification must list all existing towers, facilities and reasonably-potential structures within a two (2)-mile radius of the proposed wireless telecommunications tower site. Reasons for not co-locating a needed wireless telecommunications antenna on an existing wireless telecommunications tower or on an existing structure may include, but not be limited to the following:
a. There are no existing towers or suitable structures that would accommodate co-location and provide effective telecommunication service coverage within a two (2)-mile radius of the proposed wireless telecommunications tower;
b. Existing wireless telecommunications towers or structures do not have sufficient structural strength to support the proposed wireless telecommunications antennas and related equipment, and modifications to such existing wireless telecommunications towers or structures are economically unfeasible or unfeasible from an engineering standpoint;
c. The location of the proposed wireless telecommunications antennas and equipment on an existing wireless telecommunications tower or structure would cause undue radio frequency interference with other existing equipment located within the immediate vicinity that cannot be unreasonably prevented;
d. Unwillingness of the owners of existing wireless telecommunications towers or structures to entertain a reasonable co-location proposal; or
e. Existing wireless telecommunications towers or structures do not provide an acceptable location for requisite coverage for the applicant's communication network.
4. A description of the type of construction of the wireless telecommunications tower proposed. If a preferred construction type is not being utilized (e.g., stealth tower), a certification signed by the applicant must be provided with evidence demonstrating all factors to justify the type of construction method proposed.
5. A certification supported by evidence and signed by the applicant justifying the height of the proposed wireless telecommunications tower. In this regard, the applicant must utilize the lowest height possible in order to obtain the requisite coverage for the applicant's communication network.
6. A site plan, drawn to scale, depicting the details of the proposed wireless telecommunications tower (including all wireless telecommunications antennas, cables, equipment, ground structures or buildings. and ground equipment), the site boundaries, existing structures on the site, existing structures on neighboring properties (or such other nearby properties if within the height of the proposed tower), parking and access roads, and the zoning of immediately adjacent properties.
7. A landscape plan, drawn to scale, depicting the required fencing and required and other proposed landscaping on the site.
8. Color elevations of the proposed wireless telecommunications tower (including accessory buildings or structures, fencing, landscaping, etc.). and including a color perspective drawing or photo simulation from at least two (2) locations (at one hundred and eighty-degree (180°) increments) from between two hundred feet (200') to six hundred feet (600') away from the wireless telecommunications tower showing the relationship of the wireless telecommunications tower against the massing of surrounding structures, trees, and other intervening land masses.
9. A written statement summarizing how the proposed wireless telecommunications tower meets the requirements for a special use permit.
10. A certification signed by the applicant, supported by evidence, demonstrating a significant coverage gap for the proposed licensed carrier and demonstrating how the proposed wireless telecommunications tower at the proposed location and at the proposed height will substantially close the significant coverage gap and provide needed cellular service. In this regard, one hundred percent (100%) coverage is not the goal and occasional dead spots or areas of noncoverage are deemed acceptable in determining whether there is substantial coverage.
11. A certification signed by the applicant that the proposed wireless telecommunications tower may not interfere with any public safety communication.
12. A signed report from a structural engineer certifying that the proposed wireless telecommunications tower meets all of the structural loading and wind loading requirements of applicable national standards. Included in this report, or attached as a separate report, must be a certification that the soils of the site are suitable for the construction of the proposed wireless telecommunications tower.
13. Such other information, documents and evidence as reasonably required by the village or as deemed necessary by the applicant. If a special use permit is approved, the applicant must obtain a building permit before construction and additional information will be required at that time.
1. In addition to complying with all other applicable regulations of this chapter, wireless telecommunications towers must also comply with all other applicable sections of this zoning ordinance, all other ordinances and codes of the village, and all other applicable federal and state laws and regulations.
2. In the event of a conflict between the provisions of this chapter and the other provisions of this zoning ordinance or other ordinances and codes of the village, the provisions of this chapter govern unless determined otherwise by the board of trustees.
3. Upon approval of a special use permit, the applicant must obtain a building permit and any other required permits before commencing construction of the wireless telecommunications tower.
P. Abandonment, Removal and Bond:
1. If the use of all wireless telecommunications antennas and other permitted antennas or devices on a wireless telecommunications tower is discontinued or abandoned, or if such wireless telecommunications antennas or other permitted antennas or devices become non-operational, the applicant must immediately notify the village of such discontinued/abandoned use or non-operability. If such discontinued use/non-operation continues for a consecutive period of at least twelve (12) months, the wireless telecommunications tower is deemed abandoned and the entire wireless telecommunications tower and all related equipment and structures must be promptly demolished and removed, and the site must be restored, at the applicant's expense. The applicant must obtain a demolition permit within sixty (60) days of such abandonment and must demolish and remove the wireless telecommunications tower and all related equipment and structures, and restore the site, within sixty (60) days after receiving the demolition permit. If the applicant fails to cause the timely demolition and removal of the abandoned wireless telecommunications tower and all related equipment and structures, and restore the site, the village may cause such demolition, removal and site restoration pursuant to its police powers and on grounds of public safety, health and welfare and recover its costs of demolition, removal and restoration from the applicant. The village may use any bond posted by the applicant to cover its demolition, removal and restoration costs. Upon the abandonment of the wireless telecommunications tower, the special use permit for such wireless telecommunications tower automatically terminates.
2. Upon approval of a special use permit, and as a condition for issuance of a building permit, the property owner, or the applicant on behalf of the property owner, must post either a cash bond, surety bond, or letter of credit in favor of the village to cover the reasonable costs of demolition and removal of the wireless telecommunications tower upon the abandonment of the wireless telecommunications tower, along with site restoration costs, in the event of the failure of the applicant to demolish and remove the wireless telecommunications tower and restore the site within the time parameters set forth in this chapter. The property owner, or the applicant on behalf of the property owner, must submit evidence demonstrating the reasonable amount of the demolition, removal and restoration costs, and thus justifying the amount of the bond to be posted. The village may require a bond or letter of credit in a greater amount than proposed by applicant upon evidence justifying a greater amount. If the amount of the bond is insufficient to cover the village's demolition. removal and restoration costs, the village may recover the deficiency from the applicant. (Ord. 2025-1446, 10-9-2025)