The regulations of this article provide regulations for wireless telecommunication facilities, including freestanding wireless telecommunications towers ("cell towers") and building- and tower-mounted cell antennas. The village recognizes the value of wireless telecommunications and the public's need for its safety, convenience and productivity. The village also recognizes the need to comply with the Telecommunications Act of 1996, as amended from time to time, and recognizes that the village's zoning and other regulations may not prohibit or have the effect of prohibiting wireless telecommunication facilities within the village and may not unreasonably discriminate among providers or functionally equivalent services. However, the village must weigh the public benefit of wireless telecommunications against the need of the village to protect land uses from the potential adverse impacts, including, but not limited to, adverse visual impacts, of wireless telecommunication facilities. The village desires specifically to keep the erection of new cell towers to a minimum and to maximize the use of existing cell towers. To that end, the village encourages new cell antennas to be located on existing buildings, existing structures, or existing cell towers. Additionally, the village encourages the co-location of cell antennas whenever possible.

(Ord. of 08-07-2025(1), 8-7-2025)

The regulations of this article apply to all wireless telecommunications facilities, as defined in section 6.08(E). The regulations do not apply to any of the following:

(A)

Amateur radio antennas;

(B)

Receive-only antennas, including satellite dish antennas; or

(C)

Small wireless facilities, as defined in 50 ILCS 835.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

Where allowed.

(1)

New or reconstructed cell towers and any enlargements or re-configurations of an existing cell tower are allowed only as indicated in Table VI-1.

(2)

Applicants requesting approval of a special use for a cell tower must demonstrate that it complies with the regulations of this article and special use criteria of section 14.04(H).

(3)

Cell towers are expressly prohibited in designated wetlands and floodplains.

(B)

Setbacks and yards.

(1)

Cell 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)

Cell 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)

Cell towers and all related cell 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)

Cell towers may be located on a lot with an existing principal use as long as all other requirements of this article are met.

(2)

Cell towers may be located within an easement area on a lot or parcel of record.

(D)

Separation distances between cell towers. Any new proposed cell tower greater than 50 feet in height must maintain a separation distance of at least 1,500 feet from any other existing cell tower. Any new proposed cell tower that is 50 feet in height or less must maintain a separation distance of at least 500 feet from any other existing cell tower.

(E)

Height. The height of a proposed cell tower must be the minimum height required to fill a significant gap in coverage, but in no event may the height exceed 150 feet. The burden is on the applicant to justify the proposed height of the proposed cell tower.

(F)

Extensions. Lateral extensions or arms on cell towers are discouraged. If proven by an applicant to be necessary for co-location purposes or other valid reasons, such lateral extensions or arms may not exceed 12 feet in length.

(G)

Landscaping, fencing and equipment structures.

(1)

The base of cell towers must be screened and protected by a six-foot tall solid, privacy-style fence with locked gate. The required fence may not conflict with any setback or sight triangle requirements. The required fence must be screened by shrubs or evergreen trees with an ultimate height of at least four feet and planted at an initial height of at least two feet. The required fence and landscaping must be continuously maintained and repaired or replaced as necessary.

(2)

Equipment and structures associated with a cell tower:

(a)

Must be located at the base of the tower structure and within the required six-foot tall solid fence;

(b)

May not exceed 144 feet in area;

(c)

May not exceed 15 feet 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)

Cell tower construction.

(1)

New cell towers are discouraged, and necessary cell antennas must be located on existing structures or co-located on existing cell towers whenever possible. When an applicant is able to demonstrate that location on existing structures or co-location on existing cell towers is not feasible, then new cell towers may be approved.

(2)

New cell towers must be able to accommodate at least three cell 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:

(a)

Stealth towers;

(b)

Monopole towers; or

(c)

Guyed towers or lattice towers.

(3)

The applicant must demonstrate the need for the proposed type of cell tower construction and must demonstrate why preferred alternatives are not feasible.

(I)

Illumination and lighting. Cell 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)

Cell towers must be painted or otherwise colored a neutral color that blends as much as possible with the existing landscape and surrounding structures.

(2)

Where reasonably feasible based on the cell tower construction, all cables and equipment (excluding cell antennas) must be enclosed within the tower and not visible (excluding ground equipment and structures). Any approved exterior cables and equipment located on a cell tower must be painted or otherwise colored to match the color of the cell tower.

(K)

Signs and advertising.

(1)

The use of any portion of a cell tower for signs or advertising purposes, including, without limitation, company name, banners, or streamers, is expressly prohibited.

(2)

Minimal announcement signs, such as "no trespassing", are permitted on the fence surrounding the cell 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 cell tower and related structures and equipment.

(L)

Licensed wireless carriers. Cell towers will only be considered 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 cell tower. Towers must be constructed to accommodate a minimum of three co-located carriers, unless a smaller stealth tower is proposed and co-location is not feasible. Cell 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 cell tower.

(N)

Application requirements. In order to request a special use permit for a cell 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 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 cell tower.

(2)

A commitment of a licensed wireless carrier to locate on the proposed cell tower, signed by the licensed wireless carrier.

(3)

A certification signed by the applicant and supported by evidence explaining why existing cell towers or locations on existing structures cannot satisfy the needs and requirements of the applicant instead of constructing a new cell tower. This certification must list all existing towers, facilities and reasonably-potential structures within a two-mile radius of the proposed cell tower site. Reasons for not co-locating a needed cell antenna on an existing cell tower or on an existing structure may include, but not be limited to the following:

(a)

There are no existing towers or suitable structures within a two-mile radius of the proposed cell tower;

(b)

Existing cell towers or structures do not have sufficient structural strength to support the proposed cell antennas and related equipment, and modifications to such existing cell towers or structures are economically unfeasible or unfeasible from an engineering standpoint;

(c)

The location of the proposed cell antennas and equipment on an existing cell 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 cell towers or structures to entertain a reasonable co-location proposal; or

(e)

Existing cell 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 cell 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 cell 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 cell tower (including all cell 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 cell tower (including accessory buildings or structures, fencing, landscaping, etc.), including a color perspective drawing or photo simulation from at least two locations (at 180-degree increments) from between 200 to 600 feet away from the cell tower showing the relationship of the cell tower against the massing of surrounding structures, trees, and other intervening land masses.

(9)

A written statement summarizing how the proposed cell 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 cell 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, 100 percent 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 cell tower may not interfere with any public safety communication.

(12)

A signed report from a structural engineer certifying that the proposed cell 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 cell 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.

(O)

Other regulations.

(1)

In addition to complying with all other applicable regulations of this article, cell 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 article and the other provisions of this zoning ordinance or other ordinances and codes of the village, the provisions of this article 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 cell tower.

(P)

Abandonment, removal and bond.

(1)

If the use of all cell antennas and other permitted antennas or devices on a cell tower is discontinued or abandoned, or if such cell 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 12 months, the cell tower is deemed abandoned and the entire cell 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 60 days of such abandonment and must demolish and remove the cell tower and all related equipment and structures, and restore the site, within 60 days after receiving the demolition permit. If the applicant fails to cause the timely demolition and removal of the abandoned cell 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 cell tower, the special use for such cell 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 cell tower upon the abandonment of the cell tower, along with site restoration costs, in the event of the failure of the applicant to demolish and remove the cell tower and restore the site within the time parameters set forth in this article. 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. of 08-07-2025(1), 8-7-2025)

(A)

Building-mounted cell antennas.

(1)

Where allowed. Building-mounted cell antennas are permitted as an accessory use on buildings in all zoning districts, as long as such cell antennas comply with all other applicable provisions of this article. Co-location on existing cell towers is strongly preferred over locating cell antennas on buildings.

(2)

Location on building. Cell antennas must be roof-mounted. The height of proposed cell antennas may not exceed the height required to fill a significant gap in coverage, and in no event may the height of such cell antennas and related equipment exceed 15 feet above the building's height. The burden is on the applicant to justify the height of the proposed cell antenna.

(3)

Associated equipment. Equipment associated with a cell antenna must be roof-mounted where feasible. Where an applicant demonstrates that roof-mounted equipment is not feasible, ground-mounted equipment is allowed. Ground-mounted equipment is expressly prohibited in front yards and side yards adjoining a street and must be located in the rear yard or side yard only.

(4)

General regulations. Building-mounted antennas are subject to compliance with the general regulations for cell antennas, as indicated in section 8.04(C).

(B)

Tower-mounted cell antennas.

(1)

Where allowed. Tower-mounted cell antennas are permitted as an accessory use on existing cell towers and on cell towers that have received a special use permit as required by this article, provided that, in either case, such cell antennas comply with all other applicable provisions of this article.

(2)

General regulations. Tower-mounted antennas are subject to compliance with the general regulations for cell antennas, as indicated in section 8.04(C).

(C)

General regulations for all (building- and tower-mounted) cell antennas.

(1)

Lateral extensions. Lateral extensions or arms extending from a building or tower are discouraged. If proven by an applicant to be necessary for co-location purposes or other valid reasons, such lateral extension or arm may not exceed 12 feet in length and may not extend beyond the width of the building or tower to which the cell antenna is mounted.

(2)

Equipment screening. Equipment structures associated with a cell antenna must be screened as follows:

(a)

Roof-mounted equipment must be screened with a solid screen as approved by the zoning administrator;

(b)

Ground-mounted equipment must be screened and protected by a solid fence at least six feet in height.

(3)

Illumination. Cell antennas 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.

(4)

Color and concealment. All cables must be enclosed within a chase to the extent possible. All cell antennas and equipment on a building, to the extent reasonably practical, must be painted or otherwise colored to match the building or tower color, or must be painted or otherwise colored a neutral color.

(5)

Signs and advertising. The use of any portion of cell antennas for signs or advertising purposes, including, without limitation, company name, banners, or streamers, is expressly prohibited.

(6)

Licensed wireless carriers. Cell antennas will only be considered when constructed for one or more specific licensed wireless carriers, who must co-sign the village's building permit application.

(7)

Maintenance. The applicant must continuously maintain the appearance and structural integrity of the cell antennas and related equipment and fencing/screening.

(8)

Other regulations. In addition to complying with all other applicable regulations of this article, cell antennas 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. In the event of a conflict between the provisions of this article and the other provisions of this zoning ordinance or other ordinances and codes of the village, the provisions of this article govern unless determined otherwise by the board of trustees. An applicant must obtain a building permit and any other required permits before commencing construction of any cell antennas.

(D)

Application requirements. In addition to providing all information required for a building permit, an applicant must also submit the following documentation and evidence:

(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 cell antennas.

(2)

A commitment of a licensed wireless carrier, signed by the licensed wireless carrier.

(3)

For proposed building-mounted cell antenna: A certification signed by the applicant and supported by evidence explaining why existing cell towers or locations on existing structures cannot satisfy the needs and requirements of the applicant instead of constructing a new cell tower. This certification must list all existing towers, facilities and reasonably-potential structures within a two-mile radius of the proposed cell tower site. Reasons for not co-locating a needed cell antenna on an existing cell tower or on an existing structure may include, but not be limited to the following:

(a)

There are no existing towers or suitable structures within a two-mile radius of the proposed cell tower;

(b)

Existing cell towers or structures do not have sufficient structural strength to support the proposed cell antennas and related equipment, and modifications to such existing cell towers or structures are economically unfeasible or unfeasible from an engineering standpoint;

(c)

The location of the proposed cell antennas and equipment on an existing cell 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 cell towers or structures to entertain a reasonable co-location proposal; or

(e)

Existing cell towers or structures do not provide an acceptable location for requisite coverage for the applicant's communication network.

(4)

Color elevations of the proposed cell antenna as it will appear on either a tower or a building, as applicable.

(5)

If new accessory buildings or structures, fencing, landscaping, or other improvements are proposed in conjunction with the cell antenna application, a site plan with elevations and a landscaping plan for these improvements is also required.

(6)

A certification signed by the applicant, supported by evidence, demonstrating a significant coverage gap for the proposed licensed carrier and demonstrating how the proposed cell antennas at the proposed location and at the proposed height will substantially close the significant coverage gap and provide needed cellular service. In this regard, 100 percent coverage is not the goal and occasional dead spots or areas of noncoverage are deemed acceptable in determining whether there is substantial coverage.

(7)

A certification signed by the applicant that the proposed cell antenna may not interfere with any public safety communication.

(8)

A signed report from a structural engineer certifying that the tower or building, along with the proposed cell antenna, meets all of the structural loading and wind loading requirements of applicable national standards.

(9)

Such other information, documents and evidence as reasonably required by the village or as deemed necessary by the applicant.

(E)

Abandonment and removal cell antennas. If the use of a cell antenna on a tower or building is discontinued or abandoned, or if such cell antenna becomes 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 12 months, the cell antenna is deemed abandoned and the cell antenna and all related equipment and structures must be promptly demolished and removed, and the site restored, at the applicant's expense. The applicant must obtain a building permit within 60 days of such abandonment and must remove the cell antenna and all related equipment and structures, and restore the site, within 60 days after receiving the building permit. If the applicant fails to cause the timely removal of the abandoned cell antenna and all related equipment and structures, and restore the site, the village may cause such removal and site restoration pursuant to its police powers and on grounds of public safety, health and welfare and recover its costs of removal and restoration from the applicant. The village may use any bond posted by the applicant to cover its removal and restoration costs.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

The zoning administrator is authorized to approve installation of cable microcell networks that operate using multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technologies that do not require the use of wireless telecommunications towers.

(B)

Signal transmissions may not interfere with any village or other governmental radio signals, including, police, fire, emergency dispatch and public works signals.

(Ord. of 08-07-2025(1), 8-7-2025)