The Village Board of the Village of Middleport
makes the following findings:
A. Requests to site personal wireless telecommunications
facilities may occur in the Village of Middleport.
B. The Village Board finds that the small Village atmosphere
and character of the Village of Middleport requires the stringent
regulation of telecommunications towers; that such towers inherently
detract from the nature and character of the Village of Middleport;
and this amendment is necessary to direct the location of personal
wireless telecommunications facilities within the boundaries of the
Village of Middleport to minimize the number of such towers, to protect
residential areas and other land uses from potential adverse impacts
of personal wireless telecommunications facilities, to minimize adverse
visual impacts of personal wireless telecommunications facilities,
to encourage shared use and collocation of existing and new personal
wireless telecommunications facilities and communications towers as
a primary option rather than construction of additional single-use
towers and to protect the general welfare of the citizens of the Village
of Middleport.
The following shall apply to this article:
PERSONAL WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
Persons, firms or corporations supplying personal wireless
telecommunications service, including all equipment, apparatus, facilities
and devices used in the supplying of personal wireless, telecommunications
service.
TELECOMMUNICATIONS ACCESSORY STRUCTURE
Accessory buildings and structures, including base stations,
designed and used to shelter telecommunications equipment and/or to
support personal wireless telecommunications facilities.
TELECOMMUNICATIONS ANTENNA
An antenna designed to transmit or receive communications
as authorized by the Federal Communications Commission (FCC). Design
examples of telecommunications antennas are described as follows:
whip; panel; and dish.
TELECOMMUNICATIONS TOWER
A tower greater than 35 feet in height and which does not
exceed 310 feet in height (including antenna) and which supports communications
(transmission or receiving) equipment. The term "telecommunications
tower" shall not include amateur radio operators' equipment as licensed
by the FCC. Design examples of telecommunications towers are described
as follows: self-supporting lattice; guyed; and monopole.
Subject to the provisions of this section, personal
wireless communications facilities and communications towers shall
be allowed only in the F-1 Districts.(Factory or Industrial Districts)
or upon Village-owned property in any district.
If the applicant violates any of the conditions
of its permit or violates any other local, state or federal laws,
rules or regulations, this shall be grounds for revocation of the
special permit. Revocation may occur after the applicant is notified
of the violations and the Zoning Board of Appeals holds a hearing
on the same.