A. 
Establishment of New Uses. The use of a structure or lot established after the effective date of this comprehensive amendment shall be for a use which is herein specified as a permitted, special or accessory use in the district regulations applicable to the district in which such structure or lot is located.
B. 
Existing Building Permits and Existing Uses.
1. 
Where a building permit for a structure has been issued in accordance with law prior to the effective date of this comprehensive amendment, and where construction has been begun within six months of such effective date and is being prosecuted to completion, the structure may be completed in accordance with the approved plans and, further, may upon completion be occupied under a certificate of occupancy for the use originally designated.
2. 
Where the use of a structure or lot existing at the time of the adoption of this comprehensive amendment is rendered nonconforming under the provisions of this comprehensive amendment the provisions of Section 1410 shall apply to each use.
3. 
Where a structure and the use thereof or use of a lot lawfully exists on the effective date of this comprehensive amendment, and is classified by this comprehensive amendment as a special use in the district where it is located, such use shall be considered a lawful special use, but a special use permit issued in accordance with procedures herein set forth shall be required for any expansion or alteration of such existing legal special use.
A. 
Establishment of New Buildings. New buildings shall conform with the bulk regulations established herein for the district in which each such building is located.
B. 
Existing Buildings. Existing buildings shall not be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or further conflict with the bulk regulations of this comprehensive amendment for the district in which such buildings are located.
C. 
Existing Residential Lots of Record.
Where two or more lots of record, or combination of lots and/or portions of lots of record with continuous frontage, are developed as a single zoning lot under unified control at the time of passage or amendment of this ordinance, and where all or part of the lots do not meet the requirements established for lot widths and area, the lands involved shall be considered to be a single zoning lot for the purpose of this ordinance. No portion of said zoning lot shall be used or sold which would diminish compliance with lot width and area requirements established by this ordinance.
Lots or parts of lots resulting from the conveyance or any other transfer of interest of a portion of such zoning lots held in unified control shall not be entitled to zoning certificates or building permits as may be provided elsewhere in this ordinance, unless each parcel of land remaining after the conveyance meets all requirements of this ordinance.
D. 
Building Height:
1. 
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit of the district in which it is located-except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or singular equipment required to operate and maintain the building, and chimneys, fire and parapet walls, skylights, church spires, cupola domes, towers, monuments, flagpoles, electric and telephone service poles, water tanks, elevators or simple structures may be erected 18 feet above the height limit of the district in which it is located. The height of radio and television antennae is regulated by Section 1404.16 of this appendix.
2. 
Detached accessory buildings shall not exceed one story or 15 feet, whichever is lower.
3. 
Grade from which building height is measured shall be the existing or established grade at the building setback line midway between the two side lot lines, except that where the buildable area has an average slope of 10%, or more, between any two corners, the Director of Code Administration shall establish the grade from which the building height is measured.
E. 
Minimum Lot Area — Two or More Uses on a Lot. Where two or more permitted or special uses, each requiring a minimum lot area, are provided in the same building or on the same lot, the required lot area shall be the sum of the areas required for each use individually.
A. 
Required Yards. Yards and other open space as required by this comprehensive amendment shall be located on the same lot as the principal building or use, and shall have not less than the minimum width and area as herein required for the district in which such building or use is located, except as otherwise provided in this comprehensive amendment for planned developments.
B. 
Through Lots. On vacant through lots the front lot shall be along the street right-of-way designated by the Director of Code Administration, except that when a front lot line has been established on one or more lots in the same block and all have front lot lines established along the same street right-of-way line, the street right-of-way line designated as the front lot line for such lot or lots shall be the front line on all vacant through lots in such block. Only such obstructions as herein permitted in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except for lots backing to thoroughfares in subdivisions where no-access strips have been provided on the recorded plats.
C. 
Non-Transferable. No legally required yards, open space or lot area for any building or use shall be used to satisfy yard, open space or lot area requirements for any other building or use.
D. 
Corner Lots. On a corner lot, the front lot line shall be the lot line having the shortest dimension along a street right-of-way line.
E. 
Existing Yards. No yards allocated to a building or use existing on the effective date of this comprehensive amendment shall be subsequently reduced or further reduced below the yard requirements of this comprehensive amendment, except a yard adjoining a street may be reduced in depth equivalent to the amount of right-of-way taken or otherwise conveyed to a public authority for street or highway widening.
A. 
Required Setbacks. Minimum setbacks on lots abutting a street or thoroughfare shall be the distance required for a front yard, or side yard adjoining a street, in the districts where such lots are located, measured from the existing right-of-way line of the street or thoroughfare, or from the proposed right-of-way as designated on the Official Map of the Village, and as duly established by other ordinances of the Village or as established by county or state highway authorities-whichever has the greater right-of-way width requirements.
B. 
Established Setbacks. When the established setbacks is of a depth other than herein required for a front yard in the district in which the lot is located and where the contiguous street or thoroughfare is not designated on the Official Map for right-of-way widening, the setback for each remaining lot along such street shall be the average of the setbacks already established on adjacent lots, and if no setback is established on one of the adjacent lots, the setback for that lot shall be the average of the required front yard depth and the established setback on the adjacent lot.
A. 
Establishment of Accessory Uses. Accessory structures and uses are permitted and special uses may be allowed in the various districts. They shall be compatible with the principal use and shall not be established prior to the establishment of the principal use. Accessory uses shall not include the keeping, propagation, or culture of pigeons, poultry, rabbits, bees, livestock or other nonhousehold animals whether or not for profit.
B. 
Spacing. A detached accessory structure shall not be nearer than 10 feet from the nearest wall of the principal building.
C. 
Allowable Structural Encroachments in Yards:
1. 
Detached accessory structures in rear yards shall:
a. 
Have a coverage of not more than 30% of the area of the rear yard;
b. 
Observe side yard adjoining a street requirement;
c. 
Be located not less than 18 inches from the nearest side lot line and shall maintain a total distance of a minimum of six feet between the accessory structure and both side lot lines (e.g., an accessory structure located 18 inches (1 1/2 feet) from 1 side lot line must be located a minimum of 4 1/2 feet from the opposite lot line);
d. 
Be located not less than six feet from another accessory building located on the same lot.
D. 
Permitted Accessory Structures and Uses in Yards. The following structures and uses are permitted and may be encroachments in required yards and courts as follows:
Key:
F
Denotes front yards and side yards adjoining streets
S
Denotes interior side yards
R
Denotes rear yards
C
Denotes courts
Structure or Use
Allowed in
1.
Awnings or canopies, attached-projecting not more than 3 feet into a required yard or court
F
S
R
C
2.
Arbors or trellises, detached
R
C
3.
Arbors or trellises, attached
F
S
R
C
4.
Air conditioning equipment shelters
R
C
5.
Balconies-projecting not more than 5 feet:
1 to 5 units
S
R
C
6 units or more
F
S
R
C
6.
Bay windows-projecting not more than 3 feet and not more than 50% of the width of the room of which it is a part
F
R
7.
Chimneys, attached-projecting not more than 2 feet
F
S
R
C
8.
Eaves or gutters-projecting not more than 4 feet into a front and rear yard, and not more than 2 feet into a side yard or court
F
S
R
C
9.
Fallout shelters or other types of emergency shelters, attached or detached-to within 10 feet of a lot line
R
10.
Fences, open-not more than 6 feet in height. However, in residence districts such structures are not permitted in front of the principal building
S
R
11.
Fences, solid-not more than 6 feet in height; however, in residence district such structures are not permitted in front of the principal building
S
R
12.
Fire escapes, open or enclosed-projecting into a front or side yard adjoining a street not more than 5 feet, and projecting into interior side yards or courts not more than 3 1/2 feet
F
S
R
C
13.
Flagpoles
F
S
R
C
14.
Garages (not within 3 feet of rear lot line)
R
15.
Growing of farm and garden crops in the open
R
16.
Lawn furniture, such as benches, sun dials, bird baths and similar architectural features
F
S
R
C
17.
Loading berths
S
R
18.
Ornamental light standards
F
S
R
C
19.
Parking spaces-open to the sky
S
R
20.
Patios, outdoor fireplaces and open decks
R
21.
Playground and laundry drying equipment
S
R
C
22.
Playhouses and pergolas
R
23.
Signs and nameplates
F
S
R
C
24.
Sills, belt courses, cornices and ornamental features of the principal building-projecting not more than 24 inches
F
S
R
C
25.
Steps, open-for access to and from: a) a principal building or accessory structure and b) in gardens-including a raised landing not to exceed 100 square feet in area, and roofed porches
F
S
R
C
26.
Swimming pools, private
R
27.
Tennis courts, private
R
28.
Trees, shrubs and other plants, except that on corner lots, no shrubs or other structures over 30 inches in height shall be located within 20 feet of the corner of the property forming the intersection
F
S
R
C
29.
Other accessory structures and uses as herein permitted in district regulations as accessory to a specific permitted or special use
Not allowed
The development of air rights above land utilized for railroad, streets and drainage channels shall be processed as planned developments.
No lot shall hereafter be divided into two or more lots for the purpose of transfer of ownership, unless all lots resulting from each such division shall have lot areas and widths as required by this comprehensive amendment.
A. 
Travel and Camping Trailers.
1. 
Trailers shall not be permanently affixed to the ground as a principal building or accessory structure on a lot in any district, and
2. 
Travel and camping trailers shall not be occupied for dwelling purposes nor parked or stored on any lot-except that, in residence districts, one travel trailer may be stored within a completely enclosed building on a lot. No more than one camping trailer may be parked or stored in the open and only when it is located within a rear yard on a paved surface.
B. 
Temporary Parking. Temporary parking and use of trailers shall be permitted when a permit has been issued by the Director of Code Administration for temporary office or storage uses incidental to and only for the period of time of construction of a building development, provided such trailers are located on the same or contiguous lots to the building department.
C. 
Tents. Tents shall not be erected, used or maintained on a lot, except such small tents as are customarily used for recreation purposes and located on the same lot as a dwelling and only when it is located within a rear yard. Temporary use of tents for community, religious, eleemosynary, educational, amusement, recreational and commercial purposes shall be permitted only when a permit has been issued by the Director of Code Administration in accordance with provisions set forth in Section 1411.02.
D. 
Boats. Boats may be stored in the open when customary in the operations of a lawfully established principal use, and one boat which is not equipped with an enclosed cabin area and not more than 24 feet in length may be stored or parked on a paved lot containing a dwelling, provided that it shall be located in a rear yard and no substantial repair, disassembly or rebuilding operations are conducted thereon-except that on such a lot an additional boat may be stored within a completely enclosed accessory building.
Each use hereafter established within the Village which requires sewerage and water facilities shall be served by public sewerage and water systems.
All future electric power transmission and telephone lines and other appurtenant installations-other than transformers and street lights-shall be installed underground, except within the C-1 Commercial District and except where such installation is determined to be not feasible or impractical by the Board of Trustees.
No single family dwelling may be expanded by construction of an additional floor or floors to the existing dwelling unless such construction is made in conformity with the following conditions:
A. 
Such additional floor or floors shall not contain any temporary or permanent kitchen facilities.
B. 
All access to the additional floor or floors shall be made by the use of internal staircases or elevators, and all outside entrances and staircases are specifically prohibited.
C. 
The owner shall execute a restrictive covenant, in form and substance satisfactory to the Village Attorney for recording in the official records of the County of Cook, which covenant shall provide for maintenance of the structure as a single family residence without conversion, expansion, use or occupancy as a multiple dwelling unit, and shall further provide that in default of such conversion the Village may terminate occupancy of such structure and require deconversion at the above owners sole cost and expense.
D. 
The provisions hereof are not applicable if such addition is made for the purpose of converting an existing single family dwelling to a conforming multiple family dwelling in a residence district permitting same.
E. 
In all respects such construction shall fully comply with all other provisions of the Zoning Ordinance, Building Code and Village as the same now exist or may hereafter be amended.
F. 
Any party violating the provisions hereof or permitting occupancy of any single residence as a multiple family dwelling unit shall be subject to a fine of $100 per day for each day such violation exists.
No dormer hereinafter erected on any existing structure in the Village shall exceed two-thirds the length of the building.
A. 
No permit, for any dormer in excess of 12 feet in length, shall be issued unless and until the applicant owner has executed a restrictive covenant, in form and substance satisfactory to the Village Attorney, for recording in the official records of the County of Cook.
1. 
Such covenant shall provide for maintenance of the structure as a single family residence without conversion, expansion or occupancy as a multiple dwelling unit and shall further provide that in default of such covenant the Village may terminate occupancy of such structure and require deconversion at the then owner's sole cost and expense.
2. 
Any party violating the provisions hereof or occupying or permitting occupancy of any single family residence as a multiple family dwelling unit shall be subject to a fine of $100 per day for each day such violation exists.
B. 
In all respects such construction shall fully comply with all other provisions in the zoning ordinance, building code and Village code as the same now exist or may thereafter be amended.
A. 
Definitions. For the purposes of this ordinance, the following words or terms shall be defined as follows:
ANTENNA
An apparatus, external to or attached to the exterior of a building together with any supporting structure, used for sending or receiving electromagnetic waves, including, but not limited to, television, radio, or data microwave signals from satellites or other sources.
COMMERCIAL ANTENNA
Any antenna used in conjunction with communication facilities for use in commerce or industry.
NONCOMMERCIAL ANTENNA
Any antenna used for private radio and television reception only.
B. 
Antennas as Accessory Uses. Antennas as accessory uses shall be permitted only as follows:
1. 
In zoning districts R-1, R-1A, R-1B, R-2, R-3, and R-4:
a. 
A noncommercial antenna shall be allowed in the rear yard only and said structures shall be a minimum of five feet from any lot line. On corner lots, no antenna shall be erected outside of the established building line of both street frontages.
b. 
No more than one antenna shall be installed on a zoning lot, except in an R-4 district when antennas are mounted on the roof of a building which exceeds 150 feet in height, additional antennas may be mounted on such roof so long as the building commissioner determines that the load bearing capacity of such roof is not exceeded.
c. 
Antennas shall not exceed 10 feet in diameter or 10 feet above the grade level in height measured to the highest point of the antenna, unless a special use permit has been granted by the corporate authorities.
d. 
All antennas shall be of a solid neutral color.
e. 
All ground mounted antennas shall be installed and landscaped so as to be compatible with surrounding properties. A solid landscape screen consisting of hedges and/or shrubs shall be provided on all sides of the antenna visible from an adjoining parcel, roadway, or right-of-way to a minimum height of four feet or 50% of the height of the antenna, whichever is greater. Antennas located in residential districts which exceed three feet in width shall be constructed in such a manner as to be at least 50% transparent by light and air.
f. 
Commercial antennas shall not be permitted, except in an R-4 district when mounted on the roof of a building which exceeds 150 feet in height.
2. 
In all other zoning districts: B-1, B-2, MU-1, C-1, and COS-1:
a. 
Commercial and noncommercial antenna shall be permitted in the rear yard or on the roof of a building. All antenna constructed in the rear yard shall be a minimum of five feet from any lot line. On corner lots, no antenna shall be erected outside of the established building line of both street frontages.
No antenna, whether erected in a yard or on a roof, shall exceed 10 feet in diameter or 12 feet in height measured from the grade level to the highest point of the antenna or from the lowest point of the roofline to the highest point of the antenna.
b. 
No roof mounted antenna shall protrude beyond the end of the roof.
c. 
No more than one antenna shall be installed on a zoning lot and all roof mounted antennas shall be so positioned so as to not be a hazard to any utility line.
C. 
General Conditions and Restrictions.
1. 
All antennas shall comply with IBC and FCC requirements.
2. 
All antennas shall be ground mounted, at a location closest to the ground, except when a higher location or a different location is needed for signal reception, in which event a special use permit shall be required for zoning districts R-1, R-1A, R-1B, R-2, R-3 and R-4.
3. 
All antennas shall be no larger in size than is necessary for the proper reception or transmission of signals, for the particular electronics application.
4. 
No antennas shall protrude in any manner upon the public way or adjoining property.
5. 
No advertising shall be permitted on any antenna.
6. 
No antenna shall be erected so as to impede the sightline of residential units located on adjoining or adjacent properties.
7. 
No antenna shall be erected prior to the issuance of a building permit for such antenna.
8. 
Any nonconforming antenna shall either be removed or brought into compliance with the provisions of this ordinance whenever the ownership of either said antenna or the real property upon which said antenna is located, is transferred to another owner.
A. 
Purpose. The purpose of this ordinance is to provide specific regulations for the placement, construction and modification of personal wireless telecommunications facilities. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the Village board finds that these regulations are necessary in order to:
1. 
Facilitate the provision of wireless telecommunication services to the residents and businesses of the Village;
2. 
Minimize adverse visual effects of towers through careful design and siting standards;
3. 
Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
4. 
Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.
B. 
Interpretation:
1. 
The provisions of this ordinance are not intended and shall not be interpreted to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this ordinance be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. To the extent that any provision or provisions of this ordinance are inconsistent or in conflict with any provision of the Village code, the provisions of this ordinance shall be deemed to control.
2. 
In the course of reviewing any request for any approval required under this ordinance made by an applicant to provide personal wireless service or to install personal wireless service facilities, the Plan, Zoning and Development Commission or the Board of Trustees, as the case may be, shall act within a reasonable period of time after the request is duly filed with the Village, 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.
3. 
Should the application of this ordinance 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 ordinance in the manner provided in Section 1411.10 of this appendix.
C. 
Definitions. The terms "personal wireless service" and "personal wireless service facilities," as used in this ordinance, shall be defined in the same manner as in title 47, United States Code, Section 332(c)(7)(C), as amended now or in the future. Generally, these terms refer to licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public.
D. 
Placement of Personal Wireless Facilities:
1. 
A public utility service use which satisfies the definition of personal wireless service facility shall be considered a special use, whether principal or accessory, where the personal wireless facility is located in one of the following defined areas:
a. 
That portion of the COS-1 zoning district comprising the Oak Park Country Club lying south of Fullerton Avenue, west of 78th Avenue and north of Armitage Avenue (extended):
b. 
B-2 districts;
c. 
R-4 zoning district;
d. 
The MU-1 zoning district lying north of Grand, west of 76th Avenue and south of Schubert.
The proposed facility in these areas shall not require a height variation in the above referenced zoning districts if less than 90 feet in height and if mounted on a freestanding antenna pole, or if the personal wireless service facility is directly affixed to an existing building and the height of the personal wireless service facility does not exceed 15 feet above the roof of an existing building.
2. 
In all B-1, C-1, and R-3 districts, and the MU-1 districts not specifically listed in subsection D1 of this section, a public utility service use which satisfies the definition of personal wireless service facility shall be considered a special use, whether principal or accessory, and shall require a height variation for that portion of the height of the personal wireless service facility in excess of the maximum height requirements of the applicable district.
3. 
In all R-1, R-1A, R-1B and R-2 residential districts, and the COS-1 districts not specifically referenced in subsection D1 of this section, a public utility service use which satisfies the definition of personal wireless service facility shall be considered a special use, whether principal or accessory, and shall require a height variation for that portion of the height of the personal wireless service facility in excess of the maximum height requirements of the applicable district in all R-1, R-1A, R-1B, R-2 residential districts and the COS-1 zoning districts not referenced in subsection D1 of this section, provided that the facility satisfies the other requirements set forth in this section and is located only in the following locations:
a. 
Church sites, when camouflaged as a part of steeples or bell towers;
b. 
Government, school, utility and institutional sites; and
c. 
Residential sites, but only if it is demonstrated that there is no reasonable alternative for facility locations as set forth in subsection D1, D2, D3a, or D3b of this section.
E. 
Shared Use:
1. 
The shared use of existing towers and antenna facilities shall be preferred to the construction of new such facilities. The applicant shall submit a report inventorying existing towers and antenna sites within a reasonable distance from the proposed site outlining opportunities for shared use as an alternative to the proposed use.
2. 
The applicant must demonstrate that the proposed tower or antenna cannot be accommodated on an existing approved tower or facility due to one or more of the following reasons:
a. 
Unwillingness of the owner to entertain the proposed facility;
b. 
The planned equipment would exceed the structural capacity of existing and approved towers and facilities, considering existing and planned use for those facilities;
c. 
The planned equipment would cause interference with other existing or planned equipment, which cannot reasonably be prevented;
d. 
Existing or approved towers or facilities do not have space on which proposed equipment can be placed so it can function effectively and reasonably;
e. 
Other reasons make it impracticable to place the equipment proposed by the applicant on existing and approved towers or facilities;
f. 
The proposed collocation of an existing tower or antenna site would be, by virtue of the requirements in this section, considered a prohibited use.
3. 
Approval of a proposed antenna to share an existing tower or facility shall be contingent upon the applicant's agreement to pay all costs of adapting an existing facility to a new shared use. These costs can include structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes required to accommodate shared use.
F. 
Conditions:
1. 
The personal wireless service facility otherwise shall conform to all minimum setback and yard requirements of the zoning ordinance, and shall also conform to all applicable federal laws and regulations concerning its use and operation. No public utility service use which satisfies the definition of personal wireless service facility shall be permitted in any zoning district in the Village unless it complies with all applicable federal laws and regulations concerning its use and operation. In addition, no personal wireless facility shall be located between the front lot line and the principal building on the site.
2. 
In considering a request for approval of a special use or variation(s) to permit the installation of personal wireless service facilities the Plan, Zoning and Development Commission or the Board of Trustees, as the case may be, shall, in addition to other relevant standards for approval, also give due consideration and weight to whether the applicant has sought and been denied the opportunity to collocate its personal wireless service facility on an existing antenna supporting structure.
G. 
Nonconformities. Any personal wireless service facility installed and operating prior to the enactment of this ordinance which would be prohibited under this section shall be considered to be a legal nonconforming use and/or a legal nonconforming structure, as the case may be, and shall be subject to the rules on nonconformities provided in Section 1410 of this appendix.
H. 
Tower and Antenna Design Requirements. Proposed or modified towers and antennas shall meet the following design requirements.
1. 
Commercial wireless telecommunication service towers shall be of a monopole design unless the Village board determines that an alternate design would better blend into the surrounding environment.
2. 
Towers and antennas shall be designed to blend into the surrounding environment through the use of color or camouflaging architectural treatment, where possible. A tower shall be painted a single, neutral color and shall be well maintained at all times.
3. 
Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lights are specifically required by a federal or state authority. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.
I. 
Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers or portions of towers shall be removed as follows:
1. 
All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Village Manager. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the Village and the costs of removal assessed against the property.
2. 
Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new special use permit.
J. 
Interference with Public Safety Telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the Village at least 10 calendar days in advance of such changes and allow the Village to monitor interference levels during the testing process.
K. 
Additional Submittal Requirements. In addition to the information required elsewhere in the Code, development applications for a wireless telecommunication antenna or tower shall include the following supplemental information:
1. 
A statement of the applicant's purpose and need;
2. 
Existing adjacent facilities, including existing and estimated capacities;
3. 
A site plan including tower and equipment elevations indicating how visual impacts will be minimized;
4. 
Demonstration from a qualified and licensed professional engineer that alternative locations are unavailable or impractical and that the equipment cannot be mounted on an existing tower;
5. 
A report from a qualified and licensed professional engineer which:
a. 
Describes the tower height and design including a cross section and elevation;
b. 
Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;
c. 
Describes the tower's capacity, including the number and type of antennas that it can accommodate;
d. 
Documents what steps the applicant will take to avoid interference with established public safety telecommunications;
e. 
Includes an engineer's stamp and registration number;
f. 
Includes any other information necessary to evaluate the request.
6. 
For all commercial wireless telecommunication service towers and facilities, a letter of intent committing the owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
L. 
Village Owned Land. The Village of Elmwood Park has determined that a uniform policy for reviewing requests from wireless telecommunication providers to place wireless telecommunication antennas and towers on Village owned property is desirable.
1. 
Priority of Users. Priority for the use of Village owned land for wireless telecommunication antennas and towers will be given to the following entities in descending order:
a. 
Village of Elmwood Park;
b. 
Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the Village of Elmwood Park and private entities with a public safety agreement with the Village of Elmwood Park;
c. 
Other governmental agencies, for uses which are not related to public safety; and
d. 
Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public.
2. 
Minimum Requirements. The placement of wireless telecommunication antennas or towers on Village owned property must comply with the following requirements:
a. 
The antennas or tower will not interfere with the purpose for which the Village owned property is intended;
b. 
The applicant obtains adequate liability insurance and commits to a lease agreement which includes equitable compensation as determined by the Village board for the use of public land and other necessary provisions and safeguards;
c. 
The applicant will submit a letter of credit, performance bond, or other security acceptable to the Village to cover the costs of the antenna's or tower's removal;
d. 
The antennas or tower will not interfere with other users who have a higher priority;
e. 
Upon reasonable notice, the antennas or tower may be required to be removed at the user's expense;
f. 
The user must obtain all necessary land use approvals.
3. 
Village Owned Sites. Village owned sites, except for parks, are potentially available for personal wireless commercial facilities, subject to the above requirements.
4. 
Application Process. All applicants who wish to locate a wireless telecommunication antenna or tower on Village owned property must submit to the Village Manager a completed application and detailed plan that complies with the submittal requirements of Section 1411.11 of this appendix regarding special uses along with other pertinent information requested by the Village, and follow the procedures for special uses.
5. 
Reservation of Right. The Village board reserves the right to deny, for any reason, the use of any or all Village owned property by any one or all applicants.