[Ord. No. 146, 3-5-2007]
The purpose of this article is to provide a procedure for the
application, siting, regulation, construction and operation of towers,
structures and related facilities that utilize the radio frequency
spectrum for the purpose of transmitting, re-broadcasting or receiving
radio signals.
[Ord. No. 146, 3-5-2007]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
COLLOCATION
The location of two or more wireless communication providers
of wireless communication facilities on a common structure, tower,
or building, in an effort to reduce the overall number of structures
required to support wireless communication antennas within the community.
FEASIBILITY OF COLLOCATION
Collocation shall be deemed to be feasible for purposes of
this section where all of the following are met:
(a)
The wireless communication provider entity under consideration
for colocation will undertake to pay market rent or other market compensation
for colocation.
(b)
The site on which collocation is being considered, taking into
consideration reasonable modification or replacement of a facility,
is able to provide structural support.
(c)
The collocation being considered is technologically reasonable
(e.g.; the collocation will not result in unreasonable interference),
given appropriate physical and other adjustments in relation to the
structure, antennas, and the like.
(d)
The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the Village, taking into consideration the several standards contained in §
34-364.
TELECOMMUNICATIONS TOWER
Includes all structures and accessory facilities relating
to the use of radio frequency spectrum for the purpose of transmitting
or receiving radio signals. This may include, but shall not be limited
to, radio towers, television towers, telephone devices and exchanges,
microwave relay facilities, telephone transmission equipment buildings
and private and commercial mobile radio facilities. The term "telecommunications
tower" does not include citizen band radio facilities; short wave
receiving facilities; radio and television broadcast reception facilities;
federally licensed amateur (ham) radio facilities; satellite dishes,
and governmental facilities which are subject to state or federal
law or regulations which pre-empt municipal regulatory authority.
[Ord. No. 146, 3-5-2007]
Providing all the requirements of §
34-361 have been satisfied, the Village Council shall schedule a public hearing to be held no sooner than 28 days after the board meeting at which the public hearing was scheduled. All property owners within a half-mile radius of the proposed site shall be notified by first class mail of the public hearing.