Except as hereinafter specified, no building, structure or land
shall hereafter be used or occupied and no building or part thereof
or other structure shall be erected, relocated, extended, enlarged
or altered except in conformity with the permitted uses and area regulations
specified for the district in which it is located and with all other
regulations of this chapter, and then only after applying for and
securing all permits and licenses required by all laws and ordinances;
provided, however, that nothing in this chapter shall prevent the
strengthening or restoring to a safe condition of any part of any
building or structure declared unsafe by the Code Enforcement Officer
nor relieve from the necessity of complying with his lawful requirements.
[Amended 4-22-1970]
No building hereafter structurally altered or erected shall
be used or changed in use nor premises occupied or used until a certificate
of occupancy and compliance shall have been issued to the effect that
the buildings or premises complies with the provisions of this chapter.
A life certificate shall be issued to maintain, renew, change or extend
a nonconforming use. Said certificate of occupancy and compliance
for the whole or part of the building or premises shall be applied
for coincident with the application for a building or use permit and
shall be issued within 10 days after the erection or structural alteration
of such building or part shall have been completed in conformity with
the provisions of this chapter. No such certificate shall be issued
by the Village Clerk until it has been recommended by the Code Enforcement
Officer. A record of said certificate shall be kept in the office
of the Village Clerk. A building or premises vacant in excess of one
year shall have its certificate of occupancy and compliance rescinded.
The prior lawful use of any building or land existing at the
time of the enactment of this chapter, or at the time of any subsequent
amendment thereto, may be continued although such use does not conform
to the provisions of this chapter. This use shall continue only for
a period of time that the present owners or their successors shall
use said property for the same use as which said property is now being
used. If the present owners or their successors shall change the manner
of use in any way, then such property shall be governed by this chapter
as herein enacted. Repair and restoration of nonconforming buildings
and structures, if damaged to an extent of not more than 50% of their
assessed value, shall be permitted, provided that repairs are made
within one year.
Tents, trailers, trailer homes and other structures customarily
used for temporary dwelling purposes shall not be permitted, occupied
or used in any district.
[Added 4-22-1970]
All highways, roads, storm sewers and sanitary sewers and curbs
heretofore erected and constructed must be approved, prior to any
construction or erection, by the Village Board and the Village Engineer.
After the effective date of this amended chapter, there shall
be provided, at the time of erection of any main building or at the
time any main building is enlarged, off-street parking space which
shall be of sufficient size to adequately accommodate the car traffic
which is attracted by the business to be conducted, with the approval
of the Board of Trustees.
All accessory structures hereafter erected on the same parcel
must have a minimum of ten-foot separation from any other structure
to allow for emergency access.
[Added 8-12-2008 by L.L. No. 2-2008]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated in this subsection as follows:
CO-LOCATION
The use of an existing tower or structure to support antennas
for the provision of wireless services. A replacement tower that is
constructed on the same site as an existing tower shall be considered
a co-location as long as the new tower is no taller than the old tower
and that the old tower is removed in a reasonably short time after
the new tower is constructed.
HEIGHT
With reference to a tower or structure, the distance measured
from the preexisting grade level to the highest point on the tower
or structure, even if said highest point is an antenna or lightning
protection device.
PERSON
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
SPECIAL USE PERMIT
The permit by which an applicant is allowed to file for a
building permit to construct and use wireless telecommunications facilities.
WIRELESS TELECOMMUNICATIONS FACILITIES
Structures, facilities or locations designed or intended
to be used as or used to support antennas or other transmitting or
receiving devices, including but not limited to towers and structures
such as buildings, steeples, water towers and signs which may be used
as support for antennas intended for transmitting or receiving radio,
television, cellular communications, SMR, paging, personal communications
services (PCS), commercial satellite services, microwave transmissions
and any commercial wireless telecommunications not licensed by the
Federal Communications Commission. They include all related facilities
and equipment such as cabling, equipment shelters and other structures
associated with the site. They exclude facilities for private noncommercial
radio and television reception and private citizen's band, licensed
amateur radio and other similar noncommercial telecommunications and
further exclude facilities exclusively for providing unlicensed spread
spectrum technologies (such as Wi-Fi and Bluetooth) where the facility
does not require a new tower.
B. Special use permit requirement.
(1) No person may site, place, build, construct, modify, or prepare any
site for the placement or use of wireless telecommunications facilities
without having first obtained a special use permit.
(2) The contents of the application and requirements for a special use
permit may be adopted and amended as needed by the Board.
(3) All wireless telecommunications facilities existing on or before
the effective date of the enactment of this section shall be allowed
to continue as they presently exist; provided, however, that any visible
modifications thereof will comply with this section.
(4) The Village Board is the body to which applications for special use
permits must be made. The Board may, in its discretion, delegate or
designate other officials of the Village to accept, review, analyze,
evaluate and make recommendations to the Board with respect to the
grant or denial of special use permits.
(5) No wireless telecommunications facilities shall be installed, constructed
or modified until the application is reviewed and approved and the
special use permit issued.
C. Code compliance. All wireless telecommunications facilities shall
be constructed and operated in strict compliance with all current
applicable technical, safety, and safety-related codes, including
but not limited to the most recent editions of the ANSI Code, National
Electrical Safety Code, and the National Electrical Code, as well
as accepted and responsible workmanlike industry practices and recommended
practices of the National Association of Tower Erectors. The special
use permit applicant must obtain and include an authorized electrical
inspection report.
D. Location.
(1) Wireless telecommunications facilities shall be located in accordance
with the following priorities:
(a)
On existing towers on Village-owned property.
(b)
On existing towers or other structures on other property in
the Village.
(c)
On a new tower on Village-owned property.
(d)
On a new tower on property in the M2 Industrial District.
(2) If the site is not proposed for the highest priority listed above,
then a detailed explanation must be provided by the applicant as to
why a site of a higher priority was not selected.
(3) An applicant shall address co-location as an option. The applicant
must indicate why co-location is commercially or otherwise impracticable.
(4) The Village shall prefer locating on existing towers or other structures
without increasing the height thereof.
E. Height. No tower constructed or erected after the effective date
of this section shall exceed the height which shall permit operation
without required artificial lighting of any kind in accordance with
any applicable state, federal or local law, statute or regulation
less 10 feet.
F. Visibility.
(1) Wireless telecommunications facilities shall not be artificially
lighted or marked.
(2) New towers shall be galvanized or painted with a rust-preventive
paint of an appropriate color to harmonize with the surroundings.
(3) All wireless telecommunications facilities shall be sited so as to
be the least visually intrusive as possible and to have the least
intrusive effect on the environment and its character, on existing
vegetation, and on residences in the vicinity.
G. Security.
(1) All wireless telecommunications facilities shall be fenced or otherwise
secured in a manner which prevents unauthorized access.
(2) All antennas, towers and other supporting structures, including guy
anchor posts and wires, shall be made inaccessible and constructed
or shielded in such a manner that they cannot be climbed.
(3) Transmitters and telecommunications control points shall be installed
so that they are readily accessible only to persons authorized to
operate or service them.
H. Setbacks. All proposed towers and any other proposed wireless telecommunications
facilities shall be set back from abutting parcels, public streets
or sidewalks by the greater of the following distances: a distance
equal to the height of the proposed tower or wireless telecommunications
facilities plus 10% of said height or the existing setback requirement
of the underlying district, whichever is greater. Any accessory structure
shall be located so as to comply with the applicable minimum setback
requirements for the property on which it is situated.
I. Application fee. Any person submitting an application for a special
use permit for a new tower shall pay a nonrefundable application fee
of $5,000; however, if the application is for a special use permit
for co-locating on an existing tower or other suitable structure,
where no increase in the height of the tower or structure is required,
the nonrefundable fee shall be $2,500.