[Added 1-21-1998 by L.L. No. 2-1998]
A. Purpose; goals.
(1) The purpose of this section is to establish general
guidelines and requirements for the siting of wireless communications
towers and antennas. The goals of this section are to:
(a)
Protect residential areas and land uses from
potential adverse impacts of towers and antennas.
(b)
Encourage the location of towers in nonresidential
areas.
(c)
Minimize the total number of towers throughout
the community.
(d)
Strongly encourage the joint use of new and
existing tower sites as a primary option rather than construction
of additional single-use towers.
(e)
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal.
(f)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening and
innovative camouflaging techniques.
(g)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
(h)
Consider the public health and safety of communication
towers.
(i)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
(2) In furtherance of these goals, the Village shall give
due consideration to the Village's Comprehensive Plan, Zoning Map,
existing land uses and environmentally sensitive areas in approving
sites for the location of towers and antennas.
B. Definitions. As used in this section, the following
terms shall have the meanings set forth below:
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
ANTENNA
Any exterior transmitting or 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 communication signals.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
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 section, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and any support thereto.
C. Applicability.
(1) New towers and antennas. All new towers or antennas in the Village of North Hills shall be subject to these regulations, except as provided in Subsections
C(2) through
(4), inclusive.
(2) Amateur radio station operators. Notwithstanding the provisions of §
215-25 of this Code, amateur radio station antennas or towers, regardless of height, and owned and operated solely by a federally licensed amateur radio station operator may be permitted as structures and uses accessory to residential buildings, structures and uses on the same lot, provided that a permit is first obtained for such structure and use pursuant to Subsection
E of this section. However, no permit shall issue for such a structure or use pursuant to said Subsection
E in violation of or contrary to the terms of any restrictive covenant applicable to the property where such antenna or tower is proposed to be located. Any such permit shall be subject to reasonable conditions imposed by the Board of Trustees for the protection of the health, safety or general welfare of residents of the Village or the public.
[Amended 2-10-2000 by L.L. No. 1-2000]
(3) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsections
D(6) and
(7).
(4) AM array. For purposes of implementing this section,
an AM array, consisting of one or more tower units and supporting
ground system which functions as one AM broadcasting antenna, shall
be considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter of the towers
included in the AM array. Additional tower units may be added within
the perimeter of the AM array by right.
D. General requirements.
(1) Principal or accessory use. Antennas and towers may
be considered either principal or accessory uses. A different existing
use of an existing structure on the same lot shall not preclude the
installation of an antenna or tower on such lot, provided that the
same is otherwise permitted by this section.
(2) Lot size. 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 lot.
(3) Inventory of existing sites. Each applicant for an
antenna and/or tower shall provide to the Code Enforcement Officer
an inventory of its existing towers, antennas or sites approved for
towers or antennas 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 tower. The
Code Enforcement Officer may share such information with other applicants
applying for administrative approvals or special use permits under
this section, or other organizations seeking to locate antennas within
the jurisdiction of the Village; provided, however, that by sharing
such information, the Code Enforcement Officer shall not be deemed
in any manner or to any extent to have represented or warranted that
such sites are available or suitable.
[Amended 9-25-2002 by L.L. No. 3-2002]
(4) Aesthetics. Towers and antennas shall meet the following
requirements:
(a)
Towers shall either 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.
(b)
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 them into
the natural setting and surrounding buildings.
(c)
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.
(5) Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
(6) State or federal requirements. All towers must meet
or exceed current standards and regulations of the FAA, the FCC and
any other agency of the state or federal 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 section 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 different
compliance schedule is mandated by the controlling state or 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 at the owner's expense.
(7) 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
or 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 Code Enforcement Officer
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 bring such
tower into compliance with such standards within 30 days, or such
other period of time as may be specified by the Code Enforcement Officer.
Failure to bring such tower into compliance within said period of
time shall constitute a violation of this Code, and shall also constitute
grounds for the removal of the tower or antenna at the owner' s expense.
(8) Measurement. For purposes of measurement, tower setbacks
and separation distances shall be calculated and applied to facilities
located in the Village irrespective of municipal or other jurisdictional
boundaries.
(9) Not essential services. Towers and antennas shall
be regulated and permitted pursuant to this section, and shall not
be regulated or permitted as essential services, public utilities
or private utilities.
(10)
Franchises. Owners and/or operators of towers
or antennas shall certify that all franchises required by law for
the construction and/or operation of a wireless communication system
in the Village have been obtained and shall file a copy of all required
franchises with the Code Enforcement Officer.
(11)
Public notice. For purposes of this section, any special use request, variance request or appeal of an administratively approved use or special use shall require public notice by certified mail, return receipt requested, to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection
G(2)(e)[2], Table 2, in addition to any notice otherwise required by the Village Code for such applications.
(12)
Sign. No signs shall be allowed on an antenna
or tower.
(13)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection
H of this section.
(14)
Multiple antenna/tower plan. The Village encourages
the users of towers and antennas to submit a single application for
approval of multiple towers and/or antenna sites. Applications for
approval of multiple sites shall be given priority in the review process.
E. Permitted uses.
(1) The uses listed in this subsection are permitted with
approval from the Village as indicated, and are otherwise prohibited.
(2) The following uses are permitted:
(a)
In any zoning district, antennas or towers located
on property owned, leased or otherwise controlled by the Village are
permitted as principal uses or accessory uses, provided that a license
or lease authorizing such antenna or tower has been approved by the
Village.
(b)
Except as otherwise provided herein, in a residential
district, parabolic, hemispheric or other antennas or other outdoor
equipment for receiving audio, visual or data signals from the air
or space are permitted only as an accessory use, and only upon compliance
with the following conditions:
[1]
No more than one such antenna shall be located
at a single dwelling unit.
[2]
Such antenna shall be located on the principal
building on the lot or premises or, if located elsewhere on the lot
or premises, shall comply with the applicable setback requirements
and may not be located in a front yard.
[3]
The height of such antenna shall not exceed
six feet from the roof of the principal building.
[4]
In the case of a parabolic or hemispheric antenna,
the diameter shall not exceed two feet.
[5]
The owner of the property where the antenna
is to be located has first obtained a permit for such antenna, upon
payment of the required permit fee; provided, however, that no permit
or permit fee shall be required for such an antenna which has a diameter
not exceeding 20 inches.
F. Administratively approved uses.
(1) General. The tower and antenna uses described in this
subsection are permitted either as principal or accessory uses upon
issuance of an administrative approval.
(a)
The Code Enforcement Officer may administratively
approve the uses listed in this subsection.
(b)
Each applicant for administrative approval shall apply to the Code Enforcement Officer by providing the information set forth in Subsections
G(2)(a) and
(c) of this section and a nonrefundable fee as established by resolution of the Board of Trustees to reimburse the Village for the costs of reviewing the application.
(c)
The Code Enforcement Officer shall review the application for administrative approval and determine if the proposed use complies with Subsections
D and
G(2)(d) and
(e) of this section.
(d)
The Code Enforcement Officer shall respond to
each such application within 60 days after receiving it by either
approving or denying the application. If the Code Enforcement Officer
fails to respond to the applicant within said 60 days, then the application
shall be deemed to be approved.
(e)
In connection with any such administrative approval, the Code Enforcement Officer may, in order to encourage shared use, administratively waive any zoning district setback requirements in Subsection
G(2)(d) or separation distances between towers in Subsection
G(2)(e) by up to 50%.
(f)
In connection with any such administrative approval,
the Code Enforcement Officer may, in order to encourage the use of
monopoles, administratively allow the reconstruction of an existing
tower to monopole construction.
(g)
If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to Subsection
G prior to filing any appeal that may be available under the Zoning Code.
(2) List of administratively approved uses. The following
uses may be approved by the Code Enforcement Officer after conducting
an administrative review:
(a)
Locating a tower or antenna, including the placement
of additional buildings or other supporting equipment used in connection
with said tower or antenna, in any commercial zoning district.
(b)
Locating antennas on existing structures or towers consistent with the terms of Subsections
F(2)(b)[1][a] and [b] below.
[1]
Antennas on existing structures. Any antenna
which is not attached to a tower may be approved by the Code Enforcement
Officer as an accessory use to any commercial, industrial, professional,
institutional or multifamily structure of eight or more dwelling units,
provided that:
[a] The antenna does not extend more
than 30 feet above the highest point of the structure.
[b] The antenna complies with all applicable
FCC and FAA regulations.
[c] The antenna complies with all applicable
building codes.
[2]
Antennas on existing towers. An antenna which
is attached to an existing tower may be approved by the Code Enforcement
Officer and, to minimize adverse visual impacts associated with the
proliferation and clustering of towers, collocation of antennas by
more than one carrier on existing towers shall take precedence over
the construction of new towers, provided that such collocation is
accomplished in a manner consistent with the following:
[a] A tower which is modified or reconstructed
to accommodate the collocation of an additional antenna shall be of
the same tower type as the existing tower, unless the Code Enforcement
Officer allows reconstruction as a monopole.
[b] Height.
[i] An existing tower may be modified
or rebuilt to a taller height, not to exceed 30 feet over the tower's
existing height, to accommodate the collocation of an additional antenna.
[ii] The height change referred to in Subsection
F(2)(b)[2][b][i] may only occur one time per communications tower.
[iii] The additional height referred to in Subsection
F(2)(b)[2][b][i] shall not require an additional distance separation as set forth in Subsection
G. The tower's premodification height shall be used to calculate such distance separations.
[c] On-site location.
[i] A tower which is being rebuilt
to accommodate the collocation of an additional antenna may be moved
on-site within 50 feet of its existing location.
[ii] After the tower is rebuilt to
accommodate collocation, only one tower may remain on the site.
[iii] A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Subsection
G(2)(e). The relocation of a tower hereunder shall in no way be deemed to cause a violation of Subsection
G(2)(e).
[iv] The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Subsection
G(2)(e) shall only be permitted when approved by the Code Enforcement Officer.
(c)
New towers in nonresidential zoning districts. Locating any new tower in a nonresidential zoning district other than industrial or heavy commercial, provided that a licensed professional engineer certifies that the tower can structurally accommodate the number of shared users proposed by the applicant; the Code Enforcement Officer concludes the tower is in conformity with the goals set forth in Subsection
A and the requirements of Subsection
D; the tower meets the setback requirements in Subsection
G(2)(d) and separation distances in Subsection
G(2)(e); and the tower meets the following height and usage criteria:
[1]
For a single user, up to 90 feet in height.
[2]
For two users, up to 120 feet in height.
[3]
For three or more users, up to 150 feet in height.
(d)
Locating any alternative tower structure in a zoning district other than industrial or heavy commercial that in the judgment of the Code Enforcement Officer is in conformity with the goals set forth in Subsection
A of this section.
(e)
Installing a cable microcell network through
the use of multiple low-powered transmitters/receivers attached to
existing wireline systems, such as conventional cable or telephone
wires, or similar technology that does not require the use of towers.
(3) Conditions of administratively approved uses. The following conditions shall be applicable to any application for administrative approval, and shall be a condition of any administrative approval by the Code Enforcement Officer and an application for such approval is deemed approved pursuant to this Subsection
F:
(a)
No such antenna or tower shall be used by more
than one user, and such user shall be an owner or tenant of the building
upon or in which the system is located.
(b)
Such antenna and tower shall be located only
on the roof of a building or structure.
(c)
In the case of a dish antenna, the diameter
of the antenna shall not exceed six feet, and the maximum height of
the antenna, measured from the roof of the building, shall not exceed
12 feet.
(d)
In the case of an antenna other than a dish
antenna, the height of the antenna shall not exceed 25 feet, measured
from the roof of the building; the diameter of the antenna shall not
exceed four inches; and the base upon which the antenna is located
shall not occupy a space on the roof more than two square feet in
area nor shall such base be more than two feet in height measured
from the roof of the building.
(e)
The application for such antenna or tower shall
include the written consent of the owner of the building, and any
other person having ownership or control of the portion of the roof,
where the antenna or tower is to be located, consenting to semi-annual
inspections by the Village for the purpose of ensuring the safety
and security of such installation, and the portion of the roof or
other part(s) of the premises where the same may be located. The fees
for such inspections shall be established by the Board of Trustees. The Board of Trustees may require that such fees be paid
in advance of the required inspection.
[Amended 9-25-2002 by L.L. No. 3-2002; 11-20-2013 by L.L. No.
5-2013]
(f)
A provision that the Board of Trustees may,
without further notice, terminate such permit in the event that such
inspection fees are not timely paid within 10 days after written demand
from the Village.
(g)
The application for any such antenna or tower
shall also include the written certification from the applicant and
the owner and any person having possession or control over any portion
of the roof where such antenna or system is to be located that the
system will be used by no more than one user, who shall be an occupant
or tenant of the building, and specifying the location in the building
where any equipment in connection with such antenna or system use
is to be located.
(h)
No antenna or tower may be added to or removed
from any permitted facility without the prior approval of the Code
Enforcement Officer.
(i)
Any application for any such antenna or tower
shall include the written guarantee of the owner of the premises and
the applicant that the antenna and tower will conform to the requirements
of this Code at all times when it is in existence, and a document,
in a form approved by the Village Attorney, in which the said owner
and applicant indemnify and hold the Village harmless from and against
any and all claims, losses, liabilities or expenses, including attorneys'
fees, arising out of the approval, location, existence or operation
of the antenna or tower.
(j)
Any permit for such an antenna or tower shall
be valid for five years from the date of approval, and may be renewed
thereafter for additional periods of five years each.
(k)
Where an antenna or tower has been approved
by the Code Enforcement Officer pursuant to this subsection, such
system may be constructed without the approval of any other Village
board or agency, except that a building permit shall be required.
(l)
The Board of Trustees, after reasonable notice
to the owner of the premises where any such antenna or tower is located,
and to the holder of any such permit, may rescind, revoke or suspend
any such permit, and direct the removal of such antenna or tower within
a period of time to be specified by the Board of Trustees in the event
of a violation of any provision of this Code or any condition of approval
for such antenna or system.
G. Special use permits.
(1) General. The tower or antenna uses described in this
subsection shall be permitted only upon issuance of a special use
permit by the Board of Trustees.
(a)
If the tower or antenna is not a permitted use under Subsection
E of this section or permitted to be approved administratively pursuant to Subsection
F of this section, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
(b)
Applications for special use permits under this
subsection shall be subject to the procedures and requirements of
this chapter generally applicable to special use permit applications,
except as modified in this subsection.
(c)
In granting a special use permit, the Board
of Trustees may impose conditions to the extent the Board of Trustees
concludes such conditions are necessary to minimize any adverse effect
of the proposed tower on adjoining properties.
(d)
Any information of an engineering nature that
the applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer.
(e)
An applicant for a special use permit shall
submit the information described in this subsection and a nonrefundable
fee as established by resolution of the Board of Trustees to reimburse
the Village for the costs of reviewing the application.
(2) Towers.
(a)
Information required. In addition to any information
required for applications for special use permits pursuant to this
chapter, applicants for a special use permit for a tower shall submit
the following information:
[1]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), zoning classification of the site and all properties within the applicable separation distances set forth in Subsection
G(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Code Enforcement Officer to be necessary to assess compliance with this section.
[2]
Legal description of the parent tract and leased
parcel (if applicable).
[3]
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties
and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection
D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape
materials.
[6]
Method of fencing, and finished color and, if
applicable, the method of camouflage and illumination.
[8]
A notarized statement by the applicant as to
whether construction of the tower will accommodate collocation of
additional antennas for future users.
[9]
Identification of the entities providing the
backhaul network for the tower(s) described in the application and
other cellular sites owned or operated by the applicant in the municipality.
[10]
A description of the suitability of the use
of existing towers, other structures or alternative technology not
requiring the use of towers or structures to provide the services
to be provided through the use of the proposed new tower.
[11]
A description of the feasible location(s) of
future towers or antennas within the Village based upon existing physical,
engineering, technological or geographical limitations in the event
that the proposed tower is erected.
(b)
Factors considered in granting special use permits
for towers. In addition to any standards for consideration of special
use permit applications pursuant to this chapter, the Board of Trustees
shall consider the following factors in determining whether to issue
a special use permit, although the Board of Trustees may waive or
reduce the burden on the applicant of one or more of these criteria
if the Board of Trustees concludes that the goals of this section
are better served thereby:
[1]
Height of the proposed tower.
[2]
Proximity of the tower to residential structures
and residential district boundaries.
[3]
Nature of uses on adjacent and nearby properties.
[5]
Surrounding tree coverage and foliage.
[6]
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
[7]
Proposed ingress and egress.
[8]
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in Subsection
G(2)(c) of this section.
(c)
Availability of suitable existing towers, other
structures or alternative technology. 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 alternative
technology that does not require the use of towers or structures can
accommodate the applicant's proposed antenna. An applicant shall submit
information requested by the Board of Trustees related to the availability
of suitable existing towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing tower, structure
or alternative technology 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 which meet the applicant's engineering
requirements.
[2]
Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient
structural strength to support the 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 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.
[6]
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
[7]
The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,
such as a cable microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(d)
Setbacks. The following setback requirements
shall apply to all towers for which a special use permit is required;
provided, however, that the Board of Trustees may reduce the standard
setback requirements if the goals of this section would be better
served thereby:
[1]
Towers must be set back a distance equal to
at least 75% of the height of the tower from any adjoining lot line.
[2]
Guys and accessory buildings must satisfy the
minimum zoning district setback requirements.
(e)
Separation. The following separation requirements
shall apply to all towers and antennas for which a special use permit
is required; provided, however, that the Board of Trustees may reduce
the standard separation requirements if the goals of this section
would be better served thereby:
[1]
Separation from off-site uses/designated areas.
[a] Tower separation shall be measured
from the base of the tower to the lot line of the off-site uses and/or
designated areas as specified in Table 1, except as otherwise provided
in Table 1.
[b] Separation requirements for towers
shall comply with the minimum standards established in Table 1.
[c] Table 1.
Off-Site Use
|
Designated Area Separation Distance
|
---|
Single-family or duplex residential units1
|
200 feet or 300% height of tower, whichever
is greater
|
Vacant single-family or duplex residentially
zoned land which is platted or has preliminary subdivision plan approval
which is not expired
|
200 feet or 300% height of tower2, whichever is greater
|
Vacant unplatted residentially zoned lands3
|
100 feet or 100% height of tower, whichever
is greater
|
Existing multifamily residential units greater
than duplex units
|
100 feet or 100% height of tower, whichever
is greater
|
Nonresidentially zoned lands or nonresidential
uses
|
None; only setbacks apply
|
NOTES:
|
1
|
Includes modular homes and mobile homes used
for living purposes.
|
2
|
Separation measured from base of tower to closest
building setback line.
|
3
|
Includes any unplatted residential use properties
without a valid preliminary subdivision plan or valid development
plan approval and any multifamily residentially zoned land greater
than duplex.
|
[2]
Separation distances between towers.
[a] Separation distances between towers
shall be applicable for and measured between the proposed tower and
preexisting towers. The separation distances shall be measured by
drawing or following a straight line between the base of the existing
tower and the proposed base, pursuant to a site plan, of the proposed
tower. The separation distances (listed in linear feet) shall be as
shown in Table 2.
[b] Table 2.
Existing Towers - Types
|
---|
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less Than 75 Feet in Height
|
---|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
Monopole less than 75 feet in height
|
750
|
750
|
750
|
750
|
(f)
Security fencing. Towers shall be enclosed by
security fencing not less than six feet in height and shall also be
equipped with an appropriate anti-climbing device; provided, however,
that the Board of Trustees may waive such requirements, as it deems
appropriate.
(g)
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which a special use
permit is required; provided, however, that the Board of Trustees
may waive such requirements if the goals of this section would be
better served thereby:
[1]
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from property used for residences. 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.
[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 a sufficient buffer.
(h)
Conditions of approval. In addition to any other conditions of approval which may be authorized by law, the Board of Trustees may require as a condition of any special use permit granted pursuant to this subsection that the owner of the premises where the antenna or tower is to be located, or the permit holder, consents to inspections and payment of inspection fees in the same manner as applicable to an administratively approved permit pursuant to Subsection
F hereof.
H. Buildings or other equipment storage.
(1) Antennas mounted on structures or rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
(a)
The cabinet or structure shall not contain more
than 300 square feet of gross floor area or be more than 15 feet in
height. In addition, for buildings and structures which are less than
65 feet in height, the related unmanned equipment structure, if over
300 square feet of gross floor area or eight feet in height, shall
be located on the ground and shall not be located on the roof of the
structure.
(b)
If the equipment structure is located on the
roof of a building, the area of the equipment structure and other
equipment and structures shall not occupy more than 15% of the roof
area.
(c)
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
(2) Antennas mounted on utility poles or light poles.
The equipment cabinet or structure used in association with antennas
shall be located in accordance with the following:
(a)
In residential districts, the equipment cabinet
or structure may be located:
[1]
In a front or side yard, provided that the cabinet
or structure is no greater than 10 feet in height or 600 square feet
of gross floor area and the cabinet/structure is located a minimum
of 20 feet from all lot lines. The cabinet/structure shall be screened
by an evergreen hedge with an ultimate height of at least 48 inches
and a planted height of at least 36 inches.
[2]
In a rear yard, provided that the cabinet or
structure is no greater than 15 feet in height or 600 square feet
in gross floor area. The cabinet/structure shall be screened by an
evergreen hedge with an ultimate height of at least eight feet and
a planted height of at least 36 inches.
(b)
In commercial or industrial districts, the equipment
cabinet or structure shall be no greater than 15 feet in height or
600 square feet in gross floor area. The structure or cabinet shall
be screened by an evergreen hedge with an ultimate height of at least
eight feet and a planted height of at least 36 inches. In all other
instances, structures or cabinets shall be screened from view of all
residential properties which abut or are directly across the street
from the structure or cabinet by a solid fence eight feet in height
or an evergreen hedge with an ultimate height of at least eight feet
and a planted height of at least 36 inches.
(3) Antennas located on towers. The related unmanned equipment
structure shall not contain more than 600 square feet of gross floor
area or be more than 15 feet in height, and shall be located in accordance
with the minimum yard requirements of the zoning district in which
it is located.
(4) Modification of building size requirements. The requirements of Subsections
H(1) through
(3) may be modified by the Code Enforcement Officer in the case of administratively approved uses or by the Board of Trustees in the case of uses permitted by special use to encourage collocation.
I. Removal of abandoned antennas and towers. Any antenna
or tower that is not operated for a continuous period of 30 days shall
be considered abandoned, and the owner of such antenna or tower shall
remove the same within 30 days of receipt of notice from the Village
notifying the owner of such abandonment. Failure to remove an abandoned
antenna or tower within said thirty-day period shall be grounds for
the Village to remove the tower or antenna at the owner's expense.
J. Nonconforming uses.
(1) Expansion of nonconforming use. Towers constructed
and antennas installed in accordance with the provisions of this section
shall not be deemed to constitute the expansion of a nonconforming
use or structure.
(2) Preexisting towers. Preexisting towers and antennas
may continue to be maintained and used as they presently exist, provided
that they are not abandoned as provided in this section. Routine maintenance
(including replacement in the same location with a new tower of like
construction and height) shall be permitted. New construction other
than routine maintenance on a preexisting tower shall comply with
the requirements of this section.
(3) Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding the provisions of Subsection
I, bona fide nonconforming towers or antennas damaged or destroyed may be rebuilt in place and in kind without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in subsections. The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 90 days from the date the facility is damaged or destroyed. If no permit is obtained within such period of time or if said permit expires, the tower or antenna shall be deemed to have been abandoned as specified in Subsection
I.