(a)

The purpose of this chapter is to provide regulations for the placement, construction and modification of personal wireless facilities in the Village. The provisions of this chapter are not intended, and shall not be interpreted, to prohibit or have the effect of prohibiting such facilities or services in the Village, nor shall the provisions of this chapter be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent services. To the extent that any provision of this chapter is inconsistent, or in conflict, with any other provisions of the Village Planning and Zoning Code, the provisions of this chapter shall prevail and control.

(b)

In reviewing any request for approval to provide personal wireless services or to install a personal wireless service facility, the Village Plan Commission or the Village Board of Trustees shall act within a reasonable time after the request is filed with the Village, and any decision to deny such a request shall be in writing and shall be supported by evidence contained in a written record.

(c)

Should the application of this chapter have the affect 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 1274-10 of the Planning and Zoning Code. The Board of Trustees, upon receipt of such a petition, shall promptly review the petition and shall make a determination on the petition within a reasonable period of time; any decision to deny such a petition shall be in writing and supported by evidence contained in a written record.

(d)

The terms "personal wireless service" 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 from time to time.

(Ord. 1126. Passed 3-25-97.)

(a)

A public utility service use which satisfies the definition of personal wireless service facility, as referenced in Section 1269-01(d), shall be considered a permitted use, whether principal or accessory, and shall not require a height variation where:

(i)

The personal wireless service facility is to be located in an Industrial Zoned District or in a Public Facilities Zoned District of the village;

(ii)

The personal wireless service facility otherwise conforms to all applicable set-back requirements of the Planning and Zoning Code, and also conforms to all applicable Federal laws and regulations concerning its use and operation; and

(iii)

The personal wireless service facility is directly affixed to an existing building; or the height of the personal wireless service facility does not exceed ten (10) feet above the roof of an existing building if the personal wireless service facility uses a roof mounted antenna pole; or if the personal wireless service facility is mounted on a free-standing antenna pole, the height above grade of the personal wireless service facility (including the antenna pole structure) does not exceed the height permitted by applicable Federal Communications Commission and Federal Aviation Commission regulations then in effect and also does not exceed such height as is safe and reasonable under the circumstances, giving due consideration t such site-variable factors as proximity of the tower to occupied structures, roads and highways so as to avoid striking these structures in the event a free-standing antenna pole were toppled by wind or other stress.

(b)

A public utility service use which satisfies the definitions of personal wireless service facility, as reference in Section 1269-01(d) shall be considered a special use, whether principal or accessory, but shall not require a height variation where:

(i)

The personal wireless service facility is to be located in a B-1 Local Shopping District or in a P-Public, Private and Conservation Land District of the Village;

(ii)

The personal wireless service facility otherwise conforms to all applicable set-back requirements of the Planning and Zoning Code, and also conforms to all applicable Federal laws and regulations concerning its use and operation; and

(iii)

The personal wireless service facility is directly affixed to an existing building; or the height of the personal wireless service facility doe snot exceed ten (10) feet above the roof of an existing building if the personal wireless service facility uses a roof mounted antenna pole; or if a free standing antenna pole is used to support the personal wireless service facility the height above grade of the personal wireless service facility (including the structure of the free-standing antenna pole) does not exceed the height permitted by applicable Federal Communications Commission and Federal Aviation Commission regulations as then in effect and further does not exceed such height as is safe and reasonable under the circumstances, giving due consideration to such site-variable factors as proximity to occupied structures, roads and highways so as to avoid striking these structures in the event a free-standing antenna pole were toppled by wind or other stress.

(c)

A public utility service use which satisfies the definition of personal wireless service facility as referenced in Section 1269-01(d) shall be considered a special use, whether principal or accessory, in the B-2 Community Shopping Zoning Districts, provided that the personal wireless service facility is directly affixed to an existing building, or that the height of the personal wireless service facility does not exceed ten (10) feet above the roof of an existing building if the personal wireless service facility uses a roof mounted antenna pole. No free-standing antenna poles shall be permitted in the B-2 Community Shopping Districts, and no variations from the maximum height requirements set forth in this section shall be granted for personal wireless service facilities located in the B-2 Community Shopping Districts.

(d)

A public utility service use which satisfies the definitions of personal wireless service faculty as referenced in Section 1269.01(d) shall be considered a special use, whether principal or accessory, in the B-3 Commercial District, and the B-4 Outdoor Commercial District, provided:

(i)

The personal wireless service facility is affixed to the roof of an existing building; or the height of the personal wireless service facility does not exceed ten (10) feet above the roof of an existing building if the personal wireless service facility is mounted on a roof mounted pole. No freestanding antenna pole shall be erected nor variations from the height requirements set forth in this paragraph shall be granted for personal wireless service facilities in the B-3 Zoning District. Freestanding poles may be erected in a B-4 District if the special use is granted. If a freestanding antenna pole is used to support the personal wireless service facility the height above grade of the personal wireless service facility (including the structure of the freestanding antenna pole) shall not exceed the height permitted by applicable Federal Communications Commission and Federal Aviation Commission regulations as then in effect and further shall not exceed such height as is safe and reasonable under the circumstances, giving due consideration to such site-variable factors as proximity to occupied structures, roads and highways so as to avoid striking these structures in the event a freestanding antenna pole were toppled by wind or other stress.

(Ord. 1126. Passed 3-25-97.)

The Plan Commission or the Board of Trustees, as the case may be, shall in addition to the standards for review set forth in Sections 1274-07 and 1274-11 of the Planning and Zoning Code also give due consideration and weight to whether the plans submitted will provide for co-location of other personal wireless service equipment on the same structure so as to minimize the proliferation of antennae supporting structures.

(a)

In considering the request for approval of a special use or variation to permit the installation of personal wireless service facilities as described in this section, the plan commission or the board of trustees, as the case may be, shall in addition to the standards for review set forth in Sections 1274-07 and 1274-11 of the Planning and Zoning Code also give due consideration and weight to whether the applicant has sought and has been denied the opportunity to co-locate its personal wireless service facilities on an existing antennae supporting structure; and if the proposed use is to be located within one of the areas delineated in Section 1269-02(b) and 1269-02(c), whether the applicant has made adequate efforts but is unable to obtain a site for its facility within one of the districts delineated in Sections 1269-02(a) and 1269-02(d). In considering a request for approval of a special use or variation to permit the installation of a personal wireless service facility as described in this section, the Plan Commission or the Board of Trustees as the case may be, may, by express condition, require that the applicant shall allow, on a commercially reasonable basis, other providers of personal wireless services to co-locate additional personal wireless service facilities on a freestanding pole which is part of the applicant's proposed personal wireless service facility where such co-location is technologically feasible.

(Ord. 1126. Passed 3-25-97.)

(a)

The relative located of property zoned for industrial and commercial uses in the Village would enable a provider of personal wireless services to provide service to the Village without the need to locate any facilities in any residential zoning districts. A public utility service use which satisfies the definition of personal wireless service facility as reference in Section 1269-01(d) shall be considered a prohibited use in any residential zoned district of the Village. No variation or special use permit shall be granted to permit such a facility in residential zoned districts.

(b)

No public utility service use which satisfies the definition of personal wireless service facility as referenced in Section 1269-01(d) shall be permitted in any zoning district in the Village unless it complies with all applicable Federal laws and regulations concerning this use in operation.

(Ord. 1126. Passed 3-25-97.)

Any personal wireless service facility installed and operating prior to the enactment of this Chapter 1269 which would be prohibited under Section 1269-04(a) shall be considered a legal nonconforming use and/or a legal nonconforming structure, as the case may be, and shall be subject to the rules on nonconformities provided in Chapter 1268 of the Planning and Zoning Code.

(Ord. 1126. Passed 3-25-97.)

Should any word, term or provision of this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, such invalid or unconstitutional word, term or provision shall be deemed severed from this chapter and such invalidity or unconstitutionality shall not affect any of the remaining words, terms, phrases and clauses of this chapter.

(Ord. 1126. Passed 3-25-97.)