(1)
New towers, antennas, antenna support structures or personal wireless facilities shall not be erected or installed except in compliance with the provisions of this Article X. The provisions of this Article X apply to all towers, antennas, antenna support structures or personal wireless service facilities, whether such facilities are used as a principal use or as an accessory use. Towers, antenna support structures, antennas, or personal wireless service facilities located on property owned, leased or otherwise controlled by the Village shall be exempt from the requirements of this Article X, provided a lease, license or use agreement authorizing such facilities has been approved by the Village Board of Trustees.
(2)
preexisting towers, antenna support structures or personal wireless facilities or antennas in place prior to October 1, 2002, shall not be required to meet the requirements of this Article X except that all such preexisting towers, antenna support structure, personal wireless facilities and preexisting antennas shall meet and comply with the requirements of Sections 10.04(1), 10.04(4), 10.04(5), and 10.04(10), 10.04(12), 10.04(14), and 10.05 of this article, and any and all provisions and conditions to the special use permit for the specific preexisting tower, antenna support structure, personal wireless facility and preexisting antenna granted by the Village Board of Trustees; and any other applicable provisions of this Zoning Ordinance as of the date such special use was enacted by the Village Board of Trustees. Any alteration to a preexisting antenna support structure will require a Village permit to locate on the same antenna or antenna support structure.
(3)
Amateur radio station operators/receive only antennas. This Article X shall not govern any tower or installation of any antenna that does not exceed 12 feet in height which is owned and operated by a federally licensed amateur radio station operator as part of the amateur radio service, citizens band radio, or is used exclusively for receive only antennas. Direct to home satellite services are not included in the scope of this Article X. Where conflicts exist between this Article X and the remainder of this Zoning Ordinance, the provisions of this Article X shall govern.
To every extent possible, telecommunications providers shall
locate towers, antennas, antenna support facilities and personal wireless
facilities as follows:
(1)
In areas that have the least impact on the character of existing
residential development in the Village.
(2)
In areas zoned for manufacturing uses and areas of municipally
owned property including, but not limited to, the site where the Village
owned water tower is located.
(3)
Minimizing the total number of towers throughout the Village.
(4)
Utilizing joint location, co-location and co-use of new and
existing tower and antenna sites.
(5)
In areas where the overall adverse impact on the Village is
minimal.
(6)
Constructing, configuring and concealing them in a manner that
minimizes the adverse visual and aesthetic impact of towers and antennas.
(7)
Avoiding potential damage to adjacent properties from safety
related concerns.
(8)
Promoting telecommunications service coverage within the Village.
(9)
Antennas shall be located on lawfully preexisting antenna support
structures or other lawfully preexisting buildings or structures wherever
possible.
(1)
Special use required. A special use permit shall be required for the construction of towers, monopoles, antenna support structures, antennas, and personal wireless service facilities in all zoning districts, except in the R-1, R-2, and R-3 Zoning Districts, in which such facilities are prohibited, unless such facilities are antennas mounted on utility poles or light poles in the public right-of-way, or on existing utility poles or light poles in public utility rights-of-way, or are located on a lot owned by a unit of government or school district, and are other otherwise approved by the Board of Trustees or unless such facilities are not included within the scope of this Article X.
[Amended 9-1-2015 by Ord.
No. 2015-3167]
(2)
Additional use permitted on lot. Antennas and towers may be
considered either principal or accessory uses. A different existing
use or an existing structure on the same lot shall not preclude the
installation of an antenna or tower on such lot. For purposes of determining
whether the installation of a tower or antenna complies with district
bulk regulations, including but not limited to setback and lot requirements,
the dimensions of the entire zoning lot shall control, even though
the antennas or towers may be located on leased property within such
zoning lot(s).
(3)
Towers in the B, R-4
and M-B Districts.
i.
No stand alone towers shall be located in a B Business Zoning
District, O Office District or the R-4 Residential District.
ii.
Buildings in the R-4 Residential District where rooftop equipment
is to be installed shall be a minimum of five stories in height.
iii.
Location and setbacks.
1.
Towers shall be located in the rear or interior side yards or
on the roof of buildings.
2.
Towers shall be set back from residentially zoned property a
minimum distance equal to the height of the tower.
3.
Towers, poles or antenna structures shall comply with the rear
yard setback requirements of this Zoning Ordinance and the side yard
setback of said tower, pole or antenna structure shall be no less
than 40% of the lot width from each side lot line.
iv.
Number. No more than one tower shall be located on each zoning lot.
v.
Height.
i.
The height of a single user tower shall not exceed 80 feet, measured
from grade to the top of the tower or to the top of an antenna, whichever
is taller, except as provided below.
ii.
The height of a tower designed to accommodate co-location for at
least three additional antennas shall not exceed 140 feet (beginning
at 80 feet and an additional 20 feet of overall height for every additional
co-location site provided on the proposed tower up to a maximum of
60 additional feet in overall height), measured from grade to the
top of the tower or to the top of the highest antenna, whichever is
taller. Said towers shall be subject to the regulations governing
setbacks.
iii.
The measurement of the height of facilities shall include antenna,
basepad, and other apparatuses and shall be measured from the crown
of the nearest improved right-of-way.
(4)
Lighting. No signals, lights or illumination shall be permitted
on a tower, antenna, antenna support structure or personal wireless
service facility unless required by the FCC, the FAA or the Village.
If lighting is required, the lighting alternatives and design chosen
must cause the least disturbance to the surrounding views and is subject
to the review and approval of the Zoning Officer.
(5)
Security lighting. The lighting alternatives and design chosen
must cause the least disturbance to the surrounding views and are
subject to the review and approval of the Zoning Officer.
(6)
Signage. No commercial advertising shall be allowed on any tower,
antenna, antenna support structure or personal wireless service facility.
(7)
Aesthetics. Antennas, antenna support
structures, towers and personal wireless facilities shall meet the
following requirements:
i.
Facilities shall either maintain a galvanized steel finish or,
subject to any applicable standards of the FAA, be painted so as to
reduce visual obtrusiveness.
ii.
At a facility site, the design of the accessory buildings and
related structures shall, to the extent possible, use materials, colors,
textures, screening, and landscaping that will blend them into the
natural setting and surrounding buildings.
iii.
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible. Omnidirectional,
whip, directional, dish or panel antennas when mounted on a building
or structure shall be of a material or color which matches the exterior
of the building or structure. Dish, directional, or panel antennas
when mounted on a building, structure or rooftop shall be located
or screened in an aesthetically acceptable manner so as to minimize
visibility from the adjacent properties and/or right-of-way. The Zoning
Officer shall determine whether dish, directional, or panel antennas
mounted on a building, structure, or rooftop matches the building,
structure, or rooftop and is screened from adjacent right-of-way(s)
and/or properties.
iv.
Dish antennas attached to a tower shall not exceed 40 inches
in diameter.
(8)
Landscaping. The following requirements
shall govern the landscaping surrounding facilities.
i.
Facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the compound from adjacent property.
The standard buffer shall consist of a landscaped strip at least 10
feet wide from the edge of the compound. In some cases, existing natural
growth around the property perimeter may be a sufficient buffer.
ii.
A landscape plan showing specific landscape materials shall
be provided unless waived by the Village.
iii.
Where the Village determines that landscaping is not practical,
the applicant will provide screening of facilities by installation
of a masonry wall to a height that effectively screens the facilities.
iv.
In locations where the visual impact of the facilities would
be minimal, the landscaping requirement may be reduced or waived.
(9)
Windloading standards. Windloading design standards shall be
those standards set forth in the TIA/EIA Standard "Structural Standards
for Steel Antenna Towers and Antenna Supporting Structures"©
Telecommunications Industry Association 1996 (1996 edition).
(10)
Security fencing. Telecommunications facilities shall be enclosed
by security fencing not less than six feet in height and shall also
be equipped with an acceptable anti-climbing device or design; provided,
however, that the Plan Commission may recommend, and the Village Board
of Trustees may grant, a waiver of such requirements, as deemed appropriate.
[Amended 3-2-2013 by Ord. No. 2013-3044]
(11)
Antennas on buildings. Antennas that are installed on buildings
shall conform with one of the following:
a.
Such antennas shall be located only on a lawfully pre-existing
building and shall not exceed the following dimensions:
b.
Such antennas and any necessary antenna support structures are
fully enclosed or shielded from view from any point located off the
zoning lot on which they are located by a structure otherwise permitted
on the zoning lot and all electronic equipment is fully enclosed in
a structure otherwise permitted on the zoning lot.
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All such antennas shall not exceed the maximum height authorized
by applicable zoning district regulations, and shall not extend above
the highest point of the building or structure to which they are attached
or more than two feet from the exterior of any wall or roof of the
building to which they are attached.
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(12)
Abandonment; removal of abandoned antennas and towers:
a.
Any telecommunications facility, tower, or antenna that is not
operated for a continuous period of six months shall be considered
abandoned, whether or not the owner or operator intends to make use
of such facility.
b.
The Zoning Officer shall ascertain on an annual basis whether
any telecommunications facility, tower or antenna has been abandoned.
c.
If upon inspection by the Zoning Officer it is determined that
a telecommunications facility, tower, or antenna is abandoned, or,
upon receipt by the Village of the owner's notice to the FCC of intent
to cease operations, the Zoning Officer shall send a written notice
of such abandonment to the owner of the telecommunications facility
and the owner of the property if such owner is different from the
owner of such facility. Such notice shall be mailed by certified mail,
return receipt requested.
d.
The owner of the telecommunications facility, tower, or antenna
and the owner of the property if such owner is different from the
owner of such facility, shall have 60 days after mailing of the notice
to remove all of such facility, including any and all footings and
foundation.
e.
If such telecommunications facility is not removed within 60
days after receipt of notice from the Village notifying the owners
of such abandonment, the Village may remove such facility and file
a lien against the property in the office of the Cook County Recorder
of Deeds for the costs of removal.
f.
The Village may pursue any and all available legal remedies
to insure that an abandoned telecommunications facility, tower, or
antenna is removed.
g.
Any delay by the Village in taking action to enforce the removal
of an abandoned telecommunications facility, tower, antenna support
structure or antenna against the owner of the telecommunications facility,
tower, or antenna and the owner of the property if such owner is different
from the owner of such facility, shall not waive the Village's right
to take any action at a later time.
h.
The Village may seek to have the telecommunications Facility
removed regardless of the owners' or operator's intent to operate
such facility, and regardless of any permits, federal, state or otherwise,
which may have been issued or granted.
(13)
Equipment. Mobile or immobile equipment not used in direct support
of a facility shall not be stored or parked on the site of the facility
unless repairs to such facility are being made. Backup generators
shall only be operated during power outages and for testing and maintenance
purposes. Noise attenuation measures shall be included to reduce noise
levels. Testing and maintenance of generators shall only take place
on only on weekdays between the hours of 7:00 a.m. and 6:00 p.m.
(14)
Compliance with plans. Every personal wireless services facility,
antenna, tower, and antenna support structure shall comply with all
plans approved by the Village.
The telecommunications support facilities used in association
with such antennas shall comply with the following:
a.
The telecommunications support facilities shall not contain more
than 120 square feet of gross floor area or be more than 10 feet in
height. If telecommunications support facilities are shared by more
than one user said facilities shall not exceed 150 square feet of
gross floor area or 10 feet in height. Such facilities shall be located
on the ground and shall not be located on the roof of the structure,
unless alternative architecturally acceptable screening is utilized.
A structural analysis shall be provided as set forth below, and that
is subject to the review and approval of the Zoning Officer.
b.
If the telecommunications support facilities are located on the roof
of a building, the area of the telecommunications support facilities
and other equipment and structures shall not occupy more than 25%
of the square footage of the roof area.
c.
A structural analysis prepared by a licensed structural engineer
must be submitted to the Village and shall include the engineer's
certification that the roof of the building where the proposed facilities
are to be located possesses the structural integrity to safely support
the proposed telecommunications facilities.
d.
Telecommunications support facilities shall comply with all applicable
building codes. Required building permits shall be obtained prior
to commencing construction of any telecommunications facilities.
(1)
Federal requirements. All towers, antenna support structures,
antennas and personal wireless service facilities shall meet or exceed
the current standards and regulations of the FAA, FCC, and any other
agency of the federal government with the authority to regulate such
facilities. If such standards and regulations are changed, then the
owner(s) of the facilities shall bring such facilities into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a more stringent
compliance schedule is mandated by the controlling federal agency,
or unless facilities are grandfathered by such revised standard. Failure
to bring such facilities into compliance with such revised standards
and regulations shall constitute grounds for the removal of the wireless
service facilities at the owner's expense.
(2)
Building codes; safety standards. To ensure the structural integrity
of telecommunications facilities, towers and antennas, the owner shall
ensure that they are maintained in compliance with standards contained
in applicable the Village building codes and the applicable standards
published in the National Electrical Code, as amended from time to
time. If, upon inspection, the Village concludes that any telecommunications
facility, tower or antenna fails to comply with such codes and standards
and constitutes a danger to persons or property, then upon notice
being provided to the owner, the owner shall have 30 days to bring
such structure into compliance with such code and/or standard which
constitutes a danger to persons or property. Failure to do so within
such 30 days shall constitute grounds for the removal of the telecommunications
facility, tower or antenna at the owner's expense.
(1)
Identity of owner and lessee: the name, address, telephone number
and facsimile number of the owner and lessee of the parcel of land
as well as for the owner and operator of the telecommunications facility
which is the subject of the application. If the applicant is not the
owner of the parcel of land, the written consent of the owner shall
be evidenced in the application.
(2)
Alternative site analysis: Each applicant requesting a special use permit under this Article X shall submit an alternative site analysis prepared and attested to by a professional engineer which identifies all reasonable technically feasible alternative sites which would provide the proposed services; a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including topography, radio frequency coverage, tower height requirements, setbacks, drives, adjacent roadways, proposed means of access, parking, fencing, landscaping, adjacent uses; and other information reasonably deemed by the Zoning Officer to be necessary to assess compliance with this Article X.
(3)
Inventory of existing sites: Every applicant shall provide to the Zoning Officer an inventory of its existing telecommunications facilities, towers and antennas, or sites which have been approved for telecommunications facilities, towers and antennas, or for which applications or petitions for approval have already been filed, that are either within the jurisdiction of the Village or within one mile of the border thereof, including specific information about the location, height and design of each telecommunications facility, tower and antenna. The Zoning Officer may share such information with other applicants applying for special use permits under this Article X or with other organizations seeking to locate telecommunications facilities within the jurisdiction of the Village, provided, however that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4)
Code compliance: a statement of compliance with this Code and
all applicable federal or state laws and Village ordinances.
(5)
Radio frequency coverage map: current radio frequency coverage
prediction maps showing the area served both prior to and after construction
of the proposed telecommunications facility and technical performance
goals for the desired signal strength.
(6)
Drive test results: drive test results which confirm or refute
the areas shown on coverage maps used in planning the system used
by the telecommunications provider.
(7)
Engineer's statement: a written statement from a licensed professional
engineer(s) that the construction and placement of the telecommunications
facility, tower or antenna will not interfere with public safety communications
and the usual and customary transmission or reception of radio, television
or other communications services enjoyed by adjacent properties.
(8)
Statement agreeing to removal: a statement by the owner of the
parent tract (if the location is leased) agreeing to the terms relating
to removal of the facility, as set forth herein.
(2)
Special provisions. The following provisions relating to special use permits pursuant to this Article X shall supplement the special use provisions set forth in Article V of this Zoning Ordinance.
i.
An applicant for a special use permit shall submit the information described in this Article X, any other information required by this Zoning Ordinance for special uses, and the fees required as set forth in the Annual Fee Resolution to reimburse the Village for the costs of reviewing the application.[1]
[Amended 12-6-2011 by Ord. No. 2011-2979]
ii.
No special use permits authorizing construction of a new antenna
support structure or addition to or expansion of an existing antenna
support structure or existing building or structure shall be authorized
unless the applicant is able to demonstrate that no lawfully preexisting
antenna support structure or lawfully preexisting building or structure
is available, on commercially reasonable terms, and sufficient for
the location of an antenna necessary for the provision of personal
wireless services.
iii.
In granting a special use permit, the Plan Commission may recommend,
and the Village Board may impose conditions necessary to minimize
any adverse effect of the proposed facilities on adjoining properties.
iv.
In recommending or granting a special use permit, the Plan Commission
may recommend, and the Village Board of Trustees may impose a condition
requiring that the applicant allow, on a commercially reasonable and
technologically feasible basis, a minimum of one other provider of
wireless services to co-locate additional facilities on a tower which
is part of the applicant's proposed facility.
v.
Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical shall be certified
by a licensed professional engineer.
vi.
Concurrent with the approval by the Board of Trustees of a special use permit pursuant to this Article X, the applicant shall deposit with the Village a surety bond in the sum of $10,000 ("surety bond"). Said surety bond shall be held by the Village as security for the removal of facilities in accordance with the requirements of this Article X. If the applicant abandons its facilities, antennas, towers, or antenna support structures and the applicant does not remove its facilities, antennas, towers, or antenna support structures as required herein, the Village may use, apply or retain all or a part of the surety bond to compensate the Village for any loss, damage or expense incurred or suffered by the Village in removing the abandoned facilities, antennas, towers, or antenna support structures.
(3)
Additional factors considered in granting special use permits. In addition to the standards identified in Article V of the Zoning Ordinance, the following factors may be considered in determining whether to issue a special use permit:
i.
Height of the proposed antenna or tower.
ii.
Proximity of the antenna or tower to residential structures
and residential district boundaries.
iii.
Nature of uses on adjacent and nearby properties.
iv.
Surrounding topography.
v.
Surrounding tree coverage and foliage.
vi.
Design of the antenna, support structure or tower, with particular
reference to design characteristics that have the effect of reducing
or eliminating visual obtrusiveness.
vii.
Demonstrated ability for co-location of antennas by more than
one wireless service carrier on the facility proposed to be constructed.
Demonstrated ability shall include, but not be limited to, landlord
approval if proposed tower site is to be leased, commercially reasonable
sublease agreement, facility constructed to structurally accept co-locations,
and antenna or tower site of sufficient size to accept co-locations.
viii.
Availability of suitable existing
towers and other structures as set forth herein. No new antenna or
tower shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the Village that no existing antenna, tower
or antenna support structure or other existing structure can accommodate
the applicant's proposed antenna. Evidence submitted to demonstrate
that no existing tower, antenna support structure or existing structure
can accommodate the applicant's proposed antennas may consist of the
following:
a.
No existing towers or structures are located within the geographic
area required to meet applicant's engineering requirements.
b.
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
c.
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
d.
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
e.
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
f.
The applicant's demonstration that there are other limiting
factors that render existing towers and structures unsuitable.
(4)
Term limitation of special use permit. Every ordinance granting
approval of a special use permit for a personal wireless services
antenna, tower, or antenna support structure may provide that:
i.
Where the provider of personal wireless or telecommunications
services is not the owner of the land on which such facility is located,
the term of the special use permit is limited to the term of the lease
or other agreement granting rights to use the land; and
ii.
The special use permit shall be subject to review by the Board
of Trustees, at five-year intervals, to determine whether the technology
in the provision of personal wireless or telecommunications services
has changed such that the necessity for the special use permit at
the time of its approval has been eliminated or modified, and whether
the special use permit should be modified or terminated as a result
of any such change.
(5)
Special use permit limited to applicant. Every ordinance granting approval of a special use permit pursuant to this Article X shall state that any assignment or transfer of the special use permit or any of the rights there under may be made only with the approval of the Board of Trustees following a public hearing before the Plan Commission and a report and recommendation of the Plan Commission. The Village may require that any applicant for assignment or transfer of a special use permit previously granted hereunder fully comply with the application requirements of this Article X.
The following setbacks and separation requirements shall apply to all towers and antennas for which a special use permit is required. The standard setbacks and separation requirements may be reduced on recommendation of the ZBA as approved by the Village Board or Trustees, if the goals of this Article X would be better served thereby.
(1)
Required setback from residential property. Towers shall be
set back from the closest adjacent residential principal structure
a distance equal to the height of the tower or 20% of the height of
the tower from the adjacent property line, whichever is greater.
(2)
Setback requirements. Towers and accessory facilities must satisfy
the minimum zoning district setback requirements.
(3)
Setback for towers in excess of 50 feet in height. Towers over
50 feet in height shall not be located within one-quarter of a mile
from any existing tower that is over 50 feet in height. To minimize
adverse visual impacts associated with the proliferation and clustering
of wireless service facilities, installing wireless service facilities
with the demonstrated ability for co-location of antennas by more
than one wireless service carrier on an existing or new tower; and/or
technical evidence acceptable to the Zoning Officer concluding no
other site or latest technology could be used to provide the intended
services, and denial of the proposed site would create a gap in providing
services to the residents of the Village shall eliminate the separation
requirement.
In the course of reviewing any request for any approval required under this Article X, the ZBA or the Board of Trustees, as the case may be, shall act within a reasonable period of time after the request is duly filed, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record.
Should the application of this Article X have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the Village, such provider may petition the Board of Trustees for an amendment to this Article X in accordance with the provisions and procedures set forth in Section 5.16 of this Zoning Ordinance.
Any facility installed and operating prior to the enactment of this Article X, which would be prohibited by this Article X, shall be considered a lawful existing nonconforming use and/or structure, as the case may be, and shall be subject to the rules on Nonconforming Buildings, Structures and Uses as set forth in Article IX of this Zoning Ordinance.
[Amended 12-6-2011 by Ord. No. 2011-2979]
The Plan Commission, ZBA, Zoning Officer, and the Board of Trustees are authorized to employ an independent technical expert on the Village's behalf to review any technical materials submitted including, but not limited to, those required under this Article X. The applicant shall pay all reasonable costs of said review, including any administrative costs incurred by the Village in the manner provided for in the Annual Fee Resolution.[1] Hourly rates charged by the independent technical expert
shall not exceed those hourly rates customarily charged by technical
experts within the radio engineering industry. Any proprietary information
disclosed to the Village or the expert hired shall remain confidential
and shall not be disclosed to any third party.
