[HISTORY: Adopted by the Board of Trustees of the Village
of Flower Hill 8-5-2013 by L.L. No. 9-2013. Amendments noted where
applicable.]
§ 235-1 Purpose.
§ 235-2 Definitions.
§ 235-3 Applicability.
§ 235-4 Provisions for location of use.
§ 235-5 Design.
§ 235-6 Removal.
§ 235-7 Application requirements.
§ 235-8 Approval considerations.
§ 235-9 Amateur radio antennas and towers.
§ 235-10 Satellite dishes.
§ 235-1 Purpose.
In recognition of advancing technology and the increased demand
and need for wireless communications towers and facilities, the Village
Board hereby determines that it is in the public interest to regulate
the siting and installation of such facilities within the Village
in order to protect public safety and welfare. When deliberating the
location of wireless facilities, due consideration shall be given
to existing land uses and development, environmentally sensitive areas,
aesthetics and other appropriate factors in approving sites for the
location of towers and/or facilities. These regulations are not intended
to prohibit or have the effect of prohibiting the provision of personal
wireless services.
§ 235-2 Definitions.
As used in this chapter, the following terms shall have the
meanings indicated:
- ACCESSORY WIRELESS FACILITY
- Any equipment, shed, fencing or structure, or combination thereof, containing any electrical components necessary for the proper operation of primary antennas.
- ALTERNATIVE TOWER STRUCTURE
- Any man-made trees, clock towers, steeples, light poles, flagpoles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers, subject to the review and approval of the Village Board of Trustees or its designee.
- ANTENNAS
- Any exterior transmitting and receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
- COMMERCIAL DISTRICTS
- All zoning districts except residential districts.
- FAA
- The Federal Aviation Administration.
- PREEXISTING TOWERS AND PREEXISTING ANTENNAS
- Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been completed or constructed, provided that such approved permit(s) is current and has not expired; or any tower which is constructed and has a certificate of compliance.
- ROOF-MOUNTED COMMUNICATIONS FACILITY
- A wireless communication facility which is mounted and supported on the roof or any rooftop appurtenance of a legally existing building or structure.
- TOWER
- Any structure that is designed and constructed for the principal purpose of supporting one or more antennas for telephone, personal communications services, common carrier services, radio and television transmission, microwave transmission, and similar communications purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes the structure and any support thereto.
- WALL-MOUNTED COMMUNICATIONS FACILITY
- A wireless communications facility which is mounted and supported entirely on the wall of a legally existing building, including the walls of architectural features, such as parapets, chimneys and similar appurtenances.
- WIRELESS COMMUNICATIONS FACILITY
- A facility that transmits and/or receives electromagnetic signals, including any tower or antenna, accessory wireless facility, wall and roof-mounted facilities, as defined herein.
§ 235-3 Applicability.
No new wireless communications facility shall be erected, moved,
reconstructed or altered to serve as a transmission, reception or
relay facility except by approval of the Board of Trustees, in compliance
with the regulations set forth in this section.
§ 235-4 Provisions for location of use.
A.
Residential. Wireless communications facilities located in residential
zoning districts are subject to site plan approval and special permit
approval from the Board of Trustees following a public hearing and
must meet the following requirements:
(1)
Wireless communications facilities on buildings shall meet the following
criteria:
(a)
Any antenna or equipment accessory to a roof-mounted antenna
shall be set back a minimum of four feet for every one foot in height
of the accessory equipment, but in no instance shall protrude more
than 15 feet above the average height of the building in order to
minimize its visibility from adjacent properties or roadways. Installation
of an antenna and associated equipment shall incorporate a design
that is contextual with the structure on which the antenna is co-locating.
(b)
Any wall-mounted antenna shall not protrude above the roof parapet
or roofline and shall be painted to match the color of the existing
structure. No portion of the antenna shall extend more than 18 inches
from the facade of the building. These requirements are to be maintained
to the extent feasible without impeding the functionality of the antenna.
(c)
Enclosures designed to conceal rooftop wireless communications
facilities shall not be deemed to contribute towards building height,
floor area ratio, gross floor area, or parking requirements, provided
that said enclosure does not contain equipment or materials that are
not accessory to the wireless communication facility and the enclosure
is contextual with the architecture of the structure and is minimized
to the furthest extent practical. All equipment within the enclosure
shall still be subject to the dimensional requirements set forth in
this chapter.
(2)
A tower base shall be set back from the property line by a minimum
distance equal to 110% of the height of the tower. Accessory wireless
facilities shall comply with all other dimensional requirements of
the underlying zoning district.
(3)
Any new tower shall consist of an alternative tower structure as
defined herein. Guyed (cable-supported), truss or lattice antenna
support structures are expressly prohibited.
(4)
No new tower shall be permitted unless it is demonstrated that adequate
service in accord with FCC guidelines cannot be provided within a
coverage gap area by exhausting all other available and reasonable
locations for the proposed tower in a nonresidential district to the
satisfaction of the Board of Trustees, except as provided herein.
B.
Commercial. Wireless communications facilities located in commercial
zoning districts are subject to site plan approval and special permit
approval from the Board of Trustees following a public hearing, except
as otherwise provided herein, and must meet the following requirements:
(1)
Wireless communication facilities on buildings shall protrude not
more than 15 feet above the average height of the building, and meet
the following criteria:
(a)
Equipment accessory to a roof-mounted antenna shall be set back
a minimum of four feet for every one foot in height of the accessory
equipment, but in no instance shall protrude more than 15 feet above
the average height of the building in order to minimize its visibility
from adjacent properties or roadways. Installation of an antenna and
associated equipment shall incorporate a design that is contextual
with the structure on which the antenna is co-locating, and antennas
shall not protrude more than 15 feet above the average height of the
building.
(b)
Any wall-mounted antenna shall not protrude above the roof parapet
or roofline and shall be painted to match the color of the existing
structure. No portion of the antenna shall extend more than 18 inches
from the facade of the building.
(c)
Enclosures designed to conceal rooftop wireless communications
facilities shall not be deemed to contribute towards building height,
floor area ratio, gross floor area, or parking requirements, provided
that said enclosure does not contain equipment or materials that are
not accessory to the wireless communication facility and the enclosure
is minimized to the furthest extent practical. All equipment within
the enclosure shall still be subject to the dimensional requirements
set forth in this article.
(2)
A tower base shall be set back from the property line by a minimum
distance equal to 110% of the height of the tower. Accessory wireless
facilities shall comply with all other dimensional requirements of
the underlying zoning district.
(3)
Wireless communications facilities located on preexisting structures
or buildings in commercial districts are not subject to special permit
approval, provided that they have all necessary Building Department
permits and are not visible to any residential use or zone as determined
by the Building Superintendent or his/her designee. New antennas co-locating
on an existing tower approved by the Board of Trustees shall not be
subject to this requirement.
(4)
No new tower shall be permitted within 500 feet of a residential
zone unless it is demonstrated that adequate service in accord with
FCC standards cannot be provided within a coverage gap area by exhausting
all other available and reasonable locations for the proposed tower
outside the five-hundred-feet area to the satisfaction of the Board
of Trustees.
C.
Parks. Wireless communications facilities are subject to site plan
approval and special permit approval from the Board of Trustees following
a public hearing, except as otherwise provided herein, and must meet
the following requirements: Wireless communications facilities shall
not be located at any designated park listed by any federal, state
or Village agency, except as specified by the following:
(1)
No new tower shall be permitted unless it is demonstrated that adequate
service in accord with FCC standards cannot be provided within a coverage
gap area by exhausting all other available and reasonable locations
for the proposed tower outside of the park to the satisfaction of
the Board of Trustees or their designee.
(2)
Any facility located in a park shall be located, designed and screened
to minimize the visual and aesthetic impacts.
(3)
Any facility located within a park shall not be located in an area
that would interfere with normal, day-to-day recreational activities
or operations.
(4)
Any facility located in a park which is co-located on or which replaces
an existing structure (e.g., ball-field light poles) shall not be
subject to special permit approval, provided that the height of the
new structure does not exceed the height of the preexisting structure
and is a minimum of 500 feet from the nearest residence.
(5)
Co-location. No new tower shall be permitted unless the applicant
demonstrates that no existing tower, structure or building can accommodate
the applicant's proposed antenna and unless it is demonstrated
that adequate service cannot be provided with co-location.
(6)
Any facility on Village owned property shall be subject to a separate
agreement regarding revenue to the Village.
§ 235-5 Design.
A.
The tower shall be designed in such a manner as to minimize any visual
impacts.
B.
If a wireless communications facility is located on a building, it
shall be neutral in color, or similar in color to the building so
that it continues to maintain the architectural integrity of the building,
and every effort shall be made to conceal the facility.
C.
Accessory wireless facilities shall be screened, landscaped and shall
maximize use of building materials, colors and textures designed to
blend with the natural or existing surroundings to minimize any visual
impacts.
D.
The base area shall be surrounded by a six-foot-high fence or located
within a structure. The surrounding fence shall be screened as per
a landscaping plan to be approved by the Board of Trustees with input
from the Village Arborist.
E.
No signs are permitted on towers except safety instructions or similar
material.
F.
A tower shall not be lighted unless required by the FAA or otherwise
required by the Board of Trustees for safety reasons.
§ 235-6 Removal.
Any antenna or tower that is not operated for a continuous period
of 12 months shall be deemed abandoned. The owner of such antenna/tower/site
shall remove the same at the owner's expense within 90 days of
notice. The Village reserves the right, after 90 days' written
notice sent certified mail, return receipt requested, to the owner
or owner's designee, to remove the antenna or tower, and shall
bill the owner for any expense incurred. All costs associated with
same shall be assessed to the owner's next tax bill.
§ 235-7 Application requirements.
Applications shall include the following:
A.
The location, type and height of the wireless communications facility
and whether it is to be located on an existing structure, co-located
or on a telecommunications tower.
B.
Adjacent roadways, rights-of-way, land uses, structures and zoning
on land within 1/2 mile.
C.
Setbacks from property lines.
D.
Environmental assessment.
E.
Scaled drawing of the site, including elevation drawings of the structure,
a visual study showing where, within one mile, the tower could be
seen, the distance between all structures and proposed means of access.
F.
Landscape plan, including fencing and fence screening.
G.
Analysis of physical need for additional towers or antennas.
H.
Written site location alternative analysis describing the location
of other sites considered, the availability of those sites, the extent
to which other sites do or do not meet the provider's service
or engineering needs and the reasons why the subject site was chosen.
Written requests and responses for site location alternative analysis
shall be provided, in addition to the names, addresses and telephone
numbers of the current owner(s) of those sites. If the proposed plan
is to locate in a residential area, the applicant must show a good
faith effort to locate in a nonresidential area and that locating
in a commercial or industrial zone is not feasible.
(1)
Evidence of a good faith effort to co-locate or locate on existing
towers, structures or buildings and why it is not feasible. Written
requests and responses for co-location efforts shall be provided,
in addition to the names, addresses and telephone numbers of the current
owner(s) of those structures.
(2)
The application must provide evidence that the proposed wireless
communications facility can accommodate, at a minimum, three times
the capacity to allow for future lease and co-location. Competing
providers are required to negotiate fairly regarding co-location leases.
A future co-location applicant cannot be denied except for mechanical,
structural or regulatory reasons, and only with respect to Village
property.
I.
Location and separation distance between all other existing and proposed
facilities within the Village and/or within five miles.
J.
Coverage map(s) depicting existing and proposed coverage for each
proposed carrier. Said maps shall be submitted in both paper and electronic
form. Paper maps shall be at least 11 inches by 17 inches in size
and shall contain coverage areas superimposed over current aerial
photography. Electronic formats shall be submitted in any industry-standard
geographic information system (GIS) format. In addition, said maps
shall be accompanied by a certified report by a radio frequency engineer
and shall depict any existing and proposed signal strength levels.
K.
Other information as deemed necessary by the Board.
L.
Visual impact analysis.
(2)
In the event a crane or other equipment is utilized to simulate the
proposed tower on the subject property for the visualization photographs,
the owners of surrounding properties within 200 feet of the site and
the Board of Trustees shall be notified no less than 10 days prior
to the test by certified letter, return receipt requested. Said notification
shall include two rain dates in the event inclement weather prevents
the visualization study from taking place.
§ 235-8 Approval considerations.
A.
Priorities.
(1)
The Board may give priority to application for location on an existing
structure or building.
(2)
The Board may give priority to applications for collocation.
(3)
The Board may give priority to a single application for multi-antenna
proposals.
(4)
The Board may give priority when necessary for health and/or security.
B.
Other considerations.
(1)
The minimum height necessary to render adequate service.
(2)
Proximity to residential districts and other structures.
(3)
Nature of existing or proposed uses of adjacent property.
(4)
Site and/or surrounding topography.
(5)
Surrounding tree coverage and foliage.
(6)
Design of tower, in particular the characteristics that have the
effect of reducing or eliminating visual obtrusiveness.
(7)
Availability of suitable existing towers and structures.
(8)
Proposed ingress and egress.
(9)
No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Board of Trustees that no existing
tower, structure or building can accommodate the applicant's
proposed antenna.
(10)
Impact on wireless service.
C.
The Board may waive or reduce the burden on the applicant of one
or more of these criteria if it concludes that the goals of this section
are better served thereby.
D.
The Village Board authorizes the Board of Trustees to retain the
services of such persons, expert or otherwise, including but not limited
to competent radio frequency engineers, real estate experts and/or
attorneys where reasonably necessary to review an application or proposal,
including, but not limited to, reviewing expert testimony provided
on behalf of the applicant and supplementing submissions. The consultant(s)
may review coverage maps, alternative site locations, co-location
opportunities or other criteria that may be associated with the application
or proposal. The consultant shall review all submissions in accordance
with all applicable federal, state and local codes, rules and regulations
and make recommendations to the Board of Trustees. The cost of retaining
such competent consultants shall be borne by the applicant. The costs
of any consultant shall be reasonable and the work and associated
billing shall be viewable by the applicant upon request.
E.
In the event a denial of an application would constitute an unlawful
prohibition or effective prohibition of cellular service under applicable
federal or state law (including the Telecommunications Act of 1996,
see 47 U.S.C. § 609 et seq., the "TCA"), the Board of Trustees
shall grant the special permit and shall have the authority to impose
conditions upon such granting consistent with this chapter and such
federal or state law.
F.
If the Board of Trustees determines that the interests of this chapter
would otherwise be satisfied, the Board of Trustees may, in its discretion,
but shall not be required to, deem individual requirements and conditions
satisfied by issuing a waiver or relaxation in relation thereto. Any
waiver or relaxation may only be made in the event that the requirements
and conditions for which a waiver or relaxation is made are found
not to be requisite in the interest of public safety or general welfare
and may only be exercised in the event that the Board of Trustees,
in issuing a waiver or relaxation, makes specific findings that the
interests of this chapter would otherwise be satisfied, the waiver
or relaxation is reasonably necessary for the provision of wireless
communications services consistent with the interests of both this
chapter and the TCA and the applicant has taken all reasonably available
mitigation measures. Every special permit shall also conform to all
special findings that are specified herein.
§ 235-9 Amateur radio antennas and towers.
Facilities are subject to site plan approval and special permit
approval from the Board of Trustees, and must meet the following requirements:
§ 235-10 Satellite dishes.
A.
Satellite dishes shall be permitted as an accessory structure within
any use district, subject to the requirements contained herein and
subject to the issuance of a building permit from the Building Department.
C.
Ground-mounted satellite dishes shall not be located in any front
or side yard area, with the exception of a corner or a cul-de-sac
lot where the side yard is larger than the rear yard.
D.
Ground-mounted satellite dishes shall not exceed 10 feet in diameter
or exceed a height of 15 feet above the average grade level.
E.
Ground-mounted satellite dishes shall be screened at the base with
evergreen plants, shall be finished in a color that blends with the
surrounding environment and shall not be visible from any street as
long as adequate reception in accord with FCC requirements is maintained.
F.
Roof-mounted satellite dishes shall not exceed two feet in diameter
or project above the ridgeline of any building on the property and
visibility from the street shall be shielded to the extent adequate
reception in accord with FCC requirements is maintained.
G.
Ground-mounted satellite dishes shall be placed only in the rear
yard, excluding the rear yard setback areas.
H.
Roof-mounted satellite dishes shall be mounted on the rear half of
the building roof and shall not exceed 10 feet in diameter.
I.
Satellite dishes shall not be visible from any street so long as
adequate reception in accord with FCC requirements is maintained.
An architectural screen consisting of material compatible with the
building type and style or landscaping may be utilized, subject to
the review and approval of the Building Department.