As used in this article, the following terms shall have the
meanings indicated:
Man-made structures such as light poles, elevated tanks,
electric utility transmission line towers, nonresidential buildings,
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending and/or receiving of
electromagnetic waves.
The Federal Aviation Administration.
The Federal Communications Commission.
The Village Board of the Village of Hobart.
[Amended 1-6-2015 by Ord.
No. 01-2015]
When referring to a tower or other structure, the distance
measured from ground level to the highest point on the tower or other
structure, even if said highest point is an antenna.
The meaning set forth in § 295-346D of this article.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, PCS towers, alternative tower structures,
and the like.
A.
District height limitations. The requirements set forth in this section
shall govern the location of towers that exceed, and antennas that
are installed at, a height in excess of the height limitations specified
for each zoning district. The height limitations applicable to buildings
and structures shall not apply to towers and antenna; however, in
no case shall any tower exceed the following height limitations:
B.
Public property. Antennas or towers located on property owned, leased,
or otherwise controlled by the Village Board shall be exempt from
the requirements of this section, provided a license or lease authorizing
such antenna or tower has been approved by the Village Board.
C.
Amateur radio; receive-only antennas. This section shall not govern
any tower, or the installation of any antenna, that is under 70 feet
in height and is owned and operated by a federally licensed amateur
radio station operator or is used exclusively as a receive-only antenna.
D.
Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this article other than the requirements of § 295-347E and F. Any such towers or antennas shall be referred to in this section as "preexisting towers" or "preexisting antennas."
A.
Purpose; goal. The purpose of this section is to establish general
guidelines for the siting of towers and antennas. The goals of this
section are to:
(1)
Encourage
the location of towers in nonresidential areas and minimize the total
number of towers throughout the community;
(2)
Strongly
encourage the joint use of new and existing tower sites;
(3)
Encourage
users of towers and antennas to locate them, to the extent possible,
in areas where the adverse impact on the community is minimal;
(4)
Encourage
users of towers and antennas to configure them in a way that minimizes
the adverse visual impact of the towers and antennas; and
(5)
Enhance
the ability of the providers of telecommunications services to provide
such services to the community quickly, effectively, and efficiently.
B.
Principal or accessory use. 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 development
regulations, including but not limited to setback requirements, lot
coverage requirements, and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lots. Towers that are
constructed, and antennas that are installed, in accordance with the
provisions of this section shall not be deemed to constitute the expansion
of a nonconforming use or structure.
C.
Inventory of existing sites. Each applicant for an antenna and or
tower shall provide to the Planning and Zoning Commission an inventory
of its existing towers that are either within the jurisdiction of
the Village Board, or within one mile of the border thereof, including
specific information about the location, height, and design of each
tower. The Planning and Zoning Commission may share such information
with other applicants applying for administrative approvals or conditional
use permits under this section or other organizations seeking to locate
antennas within the jurisdiction of the Village Board; provided, however,
that the Planning and Zoning Commission is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
D.
Aesthetics and lighting. The guidelines set forth in this subsection
shall govern the location of all towers, and the installation of all
antennas, governed by this section; provided, however, that the Village
Board may waive these requirements if it determines that the goals
of this section are better served thereby.
(1)
Towers shall maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related structures
shall, to the extent possible use materials, colors, textures, screening,
and landscaping that will blend the tower facilities to the natural
setting and built environment.
(3)
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.
(4)
Towers shall not be artificially lighted, unless required by
the FAA or other applicable authority. If lighting is required, the
Village Board may review the available lighting, alternatives and
approve the design that would cause the least disturbance to the surrounding
views.
(5)
Towers and antennas shall not be used for displaying any advertising.
If FCC rules require that the owner's name be shown on the tower or
antenna, it shall be posted no more than six feet above the ground
on a placard no larger than 1 1/2 square feet.
E.
Federal and state requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC, and any other agency
of the federal and state government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this article
shall bring such towers and antennas 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 managed by the controlling federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna by the Village Board at the expense of the tower or antenna
owner, or at the expense of the property owner in the case where the
owner of the tower or antenna is leasing the property upon which the
tower or antenna is installed.
F.
Building codes, safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state and local
building codes, and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. If upon inspection the Village Board concludes that a tower
fails to comply with such codes and standards and constitutes a danger
to persons or property, then upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. If the owner fails to bring such tower
into compliance within said 30 days, the Village Board may remove
such tower at the expense of the tower or antenna owner, or at the
expense of the property owner in the case where the owner of the tower
or antenna is leasing the property upon which the tower or antenna
is installed.
A.
General. The uses listed in this section are deemed to be permitted uses and shall not require a conditional use permit. Nevertheless, all such uses shall comply with § 295-347 of this article and all other applicable sections.
B.
Specific permitted uses. The following uses are specifically permitted:
(1)
Installing an antenna on an existing structure other than a
tower (such as elevated tanks, electric utility transmission line
towers, or nonresidential buildings), so long as said additional antenna
adds no more than 20 feet to the height of said existing structure;
and
(2)
Installing an antenna on an existing tower or any height, including
a preexisting tower, and further including the placement of additional
buildings or other supporting equipment used in connection with said
antenna, so long as the addition of said antenna adds no more than
20 feet to the height of said existing tower.
A.
General. The following provisions shall govern conditional use permits:
(1)
If the tower or antenna is not a permitted use under § 295-348 of this article, then a conditional use permit shall be required prior to construction of any tower or the placement of any antenna.
(2)
Towers and antennas may only be located in the Agricultural, Exclusive Agricultural, Limited Industrial and Industrial Park Zoning Districts. Conditional use permits for towers and antennas proposed in the Exclusive Agricultural Zoning District may only be approved if all the criteria identified in § 295-213B(1) are applicable.
[Amended 12-16-2014]
(3)
If a conditional use permit is granted, the Village Board may
impose conditions to the extent the Village Board concludes such conditions
are necessary to minimize any adverse effect of the proposed tower
on adjoining properties.
(4)
Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical shall be certified
by a licensed professional engineer.
B.
Information required. Each applicant requesting a conditional use
permit under this section shall submit a scaled site plan and a scaled
elevation view and other supporting drawings, calculations, and other
documentation, signed and sealed by appropriate licensed professionals,
showing the location and dimensions of all improvements, including
information concerning topography frequency coverage, tower height
requirements, setbacks, drives, parking, fencing, landscaping, adjacent
uses, and other information deemed by the Village Board to be necessary
to assess compliance with this section.
C.
Factors considered in granting conditional use permits. The Village
Board shall consider the following factors in determining whether
to issue a conditional use permit, although the Village Board may
waive or reduce the burden on the applicant of one or more of these
criteria if the Village Board concludes that the goals of this section
are better served thereby:
(1)
Height of the proposed tower;
(2)
Capacity of the tower structure for additional antenna equipment
to accommodate expansion, or to allow for co-location of another provider's
equipment;
(3)
Proximity of the tower to residential structures and residential
district boundaries;
(4)
Nature of uses on adjacent and nearby properties;
(5)
Surrounding topography;
(6)
Surrounding tree coverage and foliage;
(7)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(8)
Proposed ingress and egress;
D.
Availability of suitable existing towers or other structures. No
new tower shall be permitted unless the applicant demonstrates to
the reasonable satisfaction of the Village Board that no existing
tower or structure can accommodate the applicant's proposed antenna.
Evidence submitted to demonstrate that no existing tower or structure
can accommodate the applicant's proposed antenna may consist of any
of the following:
(1)
No existing towers or structures are located within the geographic
area required to meet applicant's engineering requirements.
(2)
Existing, towers or structures are not of sufficient height
to meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(4)
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.
(5)
The fees, costs, or contractual provisions required by the owner
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.
(6)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
E.
Setbacks and separation. The following setbacks and separation requirements
shall apply to all towers and antennas for which a conditional use
permit is required; provided, however, that the Village Board may
reduce the standard setbacks and separation requirements if the goals
of this section would be better served thereby.
F.
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a conditional use permit is required;
provided, however, that the Village Board may waive such requirements
if the goals of this section would be better served thereby.
(1)
Tower facilities shall be landscaped with a mixture of deciduous
and evergreen trees and shrubs that effectively screens the view of
the tower compound from adjacent residential property. The standard
buffer shall consist of a landscaped strip at least four feet wide
outside the perimeter of the compound.
(2)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived altogether.
(3)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large wooded lots, natural growth around the
property perimeter may be sufficient buffer.
Any antenna or tower that is not operated for a continuous period
of 12 months shall be considered abandoned, and the owner of such
antenna or tower shall remove same within 90 days of receipt of notice
from the Village Board notifying the owner of such abandonment. If
such antenna or tower is not removed within said 90 days, the Village
Board may remove such antenna or tower at the expense of the tower
or antenna owner, or at the expense of the property owner in the case
where the owner of the tower or antenna is leasing the property upon
which the tower or antenna is installed. If there are two or more
users of a single tower, then this provision shall not become effective
until all users cease using the tower.
