4.13.1. Definitions.

Antenna. The array of wires, metal rods or panels used in the sending or receiving of wireless telecommunications. Dish type devices for said purposes are included in this definition.

Antenna support structure. Any mast, pole, tripod, tower, or similar structure used to support an antenna.

Antenna system height. The total height above grade of the antenna support structure, alternative antenna support structure and antenna.

Alternative antenna support structure. Existing light poles, water towers, roofs of buildings and similar mounting structures the primary function of which is not to support an antenna but which could be utilized for this purpose as a secondary function.

4.13.2. Location. Antenna support structure and alternative antenna support structure sites shall be allowed in B-1, BP, OR&D, and PIB zoning districts and shall require a special use permit. Antenna support structures and alternative antenna support structures in the COS and all residential zoning districts may be allowed only if, in addition to a special use, a variation, subject to village procedures is granted; it being the intent of this ordinance that hardship and unique circumstances, as well as proof why an antenna can not be located on an existing structure in an adjacent zoning district, must be established before the antenna support structure or alternative antenna support structure may be considered for special use approval. Such special use application shall be subject to the requirements of section 4.13.15.

4.13.3. Co-location. It is the purpose and intent of this ordinance to encourage and assist in co-location on antenna support structures and alternative antenna support structures wherever possible for the purpose of reducing visual blight and improving public safety from an overabundance of antenna support structures. A major factor in the consideration of approval of antenna support structures above 80 feet shall be whether or not co-locating multiple antennas on the same structure is possible. An existing antenna support structure on which a legal wireless telecommunication facility is already located shall be preferred as an antenna location over any new antenna support structure. A new antenna shall be permitted to be located on an existing antenna support structure or alternative support structure without requiring a special use permit, unless the existing antenna has not been granted a special use permit. In the event that a special use is not required for an antenna, said antenna shall require village board approval and meet the criteria stated in section 4.13.15.

To further the co-location goals, the following regulations shall apply: The height restrictions in this ordinance applicable to antenna support structures, shall be extended to allow as a matter of right an additional 15 feet of overall height for every additional co-location site provided on the proposed tower up to a maximum of 45 additional feet in overall height. In order to qualify for the additional height, the owner must agree to execute a co-location agreement in the form prescribed by the village. In the event the telecommunication provider, who constructed the antenna support structure, refuses to accept a co-locator on said antenna support structure at commercially reasonable rates, the special use granted for said structure shall expire without further action of the village and said structure must be dismantled and taken down.

4.13.4. Preferred sites. In an effort to assist the telecommunication providers in locating antenna support structures in appropriate locations in the village, those areas indicated on the village zoning map maintained in the village building department entitled "Telecommunication Antenna Support Structure Preferred Locations" shall require staff review to determine compliance with the criteria set forth in this telecommunication siting ordinance and then a final determination shall be made by the village board without the requirement of a special use permit.

4.13.5. Placement on site. Antenna support structures, equipment buildings and accessory equipment and appurtenances shall not be placed within the required front yard or in any public utility easements. Placement within the required rear and side yards may be permitted by the village board.

4.13.6. Screening ground mounted equipment from view. All the ground mounted equipment and other non-tower structures required by the wireless telecommunication transmission shall be fully screened from view from all sides by solid wood fencing and landscaping whenever possible. If the equipment can not be completely screened, the building structure and/or equipment cabinet shall, in addition to landscaping, be required to be built with materials that are compatible with the principal structure and/or adjacent structures on the lot and/or in the vicinity or be painted to blend in with their surroundings. Any roof mounted equipment shall be screened from view from all sides.

4.13.7. Routing 911 calls. When technology will permit a regional PSAP to receive and dispatch W911 calls with the same (or higher) operational efficiency as one central countywide PSAP, if the village seeks to cause the creation and implementation of a regional PSAP for W911 calls and such regional PSAP is to be implemented from the outset as part of an efficient PSAP administrative arrangement, then each provider shall cooperate with the village in its efforts to do so.

For purposes hereof, the term "W911 Calls" means wireless telecommunication 911 calls; the term "PSAP" means a public safety answering point, as such term is in common use within the telecommunications industry; the term "operational efficiency" means the demonstrable percentage of all W911 calls within the county on an annual basis that are received at the proper PSAP without having been transferred from another PSAP; the term "device" means a transmitting or receiving device that is part of a wireless telecommunication transmission site used to provide service; the term "server" means one or more devices installed singly or as a group so as to provide service within an intended geographic area; and the term "efficient PSAP administrative arrangement" means an implementation arrangement for routing and handling W911 calls that (1) provides for allocation of all of the servers within the county to no more than five PSAPs serving the county; (2) provides for the allocation of all of the servers within the county in such a manner as to prevent any geographic area from being unserved by a PSAP, and (3) includes either a consortium of the county governmental units or a single intergovernmental agency or countywide administrator or administrative body, with (a) the authority to determine for all of the county which PSAP will be the routing recipient of W911 calls from each server of each wireless telecommunication transmission site within the county; and (b) the authority to set and enforce minimum standards for PSAP equipment, equipment upgrade or replacement, and personal hiring, training, scheduling and performance.

4.13.8. Permits required. Antenna support structures and antennas greater than two meters in length or diameter shall not be installed without first obtaining a special use permit and a building permit, unless located on the map referenced in section 4.13.4 and unless the antenna is located on an antenna support structure for which a special use has been previously granted. Antennas less than two meters in length or diameter shall only require a building permit. Due to the location of the FAA Vortac flight navigation facility within the village, all antenna support structures and alternative antenna support structures within the village, which are above 50 feet in height, shall require an approval from the FAA prior to a special use or building permit being issued.

4.13.9. Antenna size. The wireless telecommunication service provider shall utilize the smallest antennas that will properly perform the intended functions and shall be installed at a minimum height to achieve the intended function. The village may, at its discretion, retain the services of an independent consultant to evaluate the data provided by the petitioner. All reasonable costs associated with such evaluation shall be borne by the petitioner(s).

4.13.10. Appearance. The antenna, its supporting structure and the service equipment shall be kept in a sightly condition, straight and free of rust and peeling paint. No logos or company insignia shall be displayed on such antennas. The initial color and any subsequent changes shall be approved by the village board. No illumination shall be permitted, unless required by FAA.

4.13.11. Proximity to residential zoning districts. Antenna support structures shall not be installed closer than 1,000 feet to any Vernon Hills residential zoning district except that any property shown as a preferred sites as defined in section 4.13.4 and zoned PIB, Public and Institutional Buildings, shall be exempt from the requirements of this section.

4.13.12. Antennas locating in residential zoning districts. Antennas may be located in any residential zoning district, subject to a special use permit and building permit, it if can be installed in such a manner that it is not visible to the residents. Antenna support structures shall be prohibited in the residential zoning districts.

4.13.13. Termination of use. One of the conditions of a special use permit shall be that all equipment, structures and foundations be removed if the antenna and/or the antenna support structure is not in service. The telecommunication service provider shall provide the village with a copy of the FCC notice that an antenna site is taken out of service. Failure to provide such copy of the FCC notice, or failure to remove the antenna support structure within six months of the date of such FCC notice shall result in a penalty of $10,000.00. Further, the village retains the right to remove said antenna and/or antenna support structure after said six month period and charge all reasonable costs and expenses of removal and restoration to the owner.

4.13.14. Application information. Each petitioner for a special use permit to install an antenna or antenna support structure within the village limits shall, along with a special user permit application and its related information, submit the following information:

a.

Written facility description with a list of all existing facilities and, upon specific request by the village staff, all known future cellular facilities within the village corporate limits. The location of each cell site should be presented on a map, including the type of structure (stand alone vs. roof top, antenna system height, etc.)

b.

Letter delineating how the proposed facility meets the guidelines established in sections 4.13.2 through 4.13.15.

c.

Written documentation establishing the efforts undertaken to locate on or in an existing structure at publicly used buildings and structures, co-location sites and industrial sites and the results of these efforts.

4.13.15. Additional evaluation criteria. In addition to the antenna support siting criteria described above, the following point scoring shall be utilized in the evaluation of the acceptability of placement of an antenna support structure within the village limits. The purpose of the point scoring is to discourage single user antenna support structures above 40 feet in height and to encourage co-location for antenna support structures above 90 feet. In order to be considered for a special use permit a proposed antenna support site shall accumulate at least 20 points.

a.

Antenna support structure height without co-location:

b.

Antenna support structure location:

c.

Co-location sites:

[d.

Located within certain roads:]

Designed for co-location means that the antenna support structure has been designed so as to enable placement of antennas and the accessory equipment by one or more additional service providers and that the antenna support structure owner has a written policy outlining the commercially reasonable terms and conditions of such co-location.

(Ord. No. 96-20, §§ I, II, 3-5-96; Ord. No. 96-50, § I, 7-16-96; Ord. No. 98-37, § I, 6-2-98; Ord. No. 2008-060, § Ib., 10-7-08)