§ 34-1294. General requirements.

(a)

Permitted or special exception use. Antennas and towers shall be a permitted use on village owned property and a special exception use in the remainder of the G government district and CG commercial general district. The use and the structure shall be classified as accessory, and an existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(b)

Inventory. Each applicant for an antenna and/or tower shall provide to the building official an inventory of all existing towers or antennas, or sites for which towers or antennas have been applied for or approved, that are either within the jurisdiction of the village or within two miles of the border thereof, including specific information about the location, height and design of each tower and antenna, or proposed tower and antenna.

(c)

Aesthetics. Towers and antennas shall meet the following requirements:

(1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration (FAA), be painted a color so as to reduce visual obtrusiveness.

(2)

At a tower or antenna site, the design of the buildings and related structures shall, to the maximum extent possible, use materials, colors, textures, screening and landscaping that will blend such buildings and related structures into the natural setting and surrounding buildings, and which shall require specific approval by the village council as part of the site plan review.

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be, to the maximum extent possible, of stealth or camouflaged design.

(d)

Lighting. Towers and antennas 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.

(e)

State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the Federal Communications Commission (FCC) and any other agency of the state or federal government with the authority to regulate towers and antennas. Specifically, the tower owner must demonstrate proof of compliance to the building official of the FCC with standards for nonionizing electromagnetic radiation (NIER), and other emissions must be met prior to the issuance of a construction permit. If such standards and regulations are changed, the owners of the towers and antennas governed by this subdivision 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.

(f)

Compliance with building codes and safety standards required. Prior to the issuance of a building permit to construct an antenna or tower, the owner/applicant shall provide the village with all applicable approvals from federal, state and county agencies. To ensure the structural integrity of a tower, the owner of the tower and the owner of any private property upon which the tower is sited shall be responsible to maintain the tower 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 village manager or his designee 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 and/or the owner of the property, such owner shall have 30 days to bring the tower into compliance with such standards. Failure to bring such tower into compliance within such 30-day period shall constitute grounds for the removal of the tower or antenna, at the owner's expense.

(g)

Measurements. Measurement of tower setbacks and separation distances shall be calculated and applied in relation to all adjacent facilities, whether located inside or outside the boundaries of the village.

(h)

Classification. Towers and antennas shall be regulated and permitted pursuant to this subdivision, but are not classified, regulated or permitted as essential services, public utilities or private utilities.

(i)

Franchises and/or site permits or leases. Owners and/or operators of towers or antennas shall certify that all franchises and/or site permits or leases 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 building official.

(j)

Signs. One unlighted, painted wall or single sided, freestanding sign, not larger than 24 feet by 24 feet, shall be provided on the base of the tower, antenna or ancillary structure, identifying the name of the owner, mailing address, telephone number and radio frequency (RF). No other signs, except regulatory signs, such as "Danger—High Voltage," shall be permitted on any antenna or tower.

(k)

Public policy preferences; shared use and stealth construction. To lessen proliferation, the village encourages the owners and users of towers and antennas to submit a single application for approval of more than one user on a single site. In addition to any other requirements contained in this subdivision, single user applicants must show good cause why they are unable to construct a stealth tower or antenna. Site applications for use by more than one user shall be given priority in the review process, and, if more than one application is pending, regardless of the date of the application, and as a matter of public policy, a clear preference shall be extended to stealth towers and shared use sites.

(Code 1994, § 30-907)