Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.030 Scope of regulations.
17.04.040 Regulations for unique uses.
17.04.060 Accessory buildings and structures.
17.04.080 Existing conditional uses.
17.04.090 Floodplain regulations.
17.04.100 Interpretation of use lists.
17.04.110 Satellite receiving antenna.
17.04.120 Satellite receiving antenna construction.
17.04.130 Residential districts.
17.04.150 Industrial districts.
17.04.170 Telecommunications facilities.
17.04.010 Interpretation.
A. In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity, and general welfare.
B. Where the conditions imposed by any provision of this title, upon the use of land or buildings or upon the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
C. Although the district requirements are couched in very specific terms in most instances, reasonable flexibility is offered through such devices as conditional use, planned development, and variations. A principal objective of this title is the encouragement of appropriate innovation.
D. This title is not intended to abrogate any easement, covenant, or any other private agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this title shall govern.
E. No building, structure, or use which was not lawfully existing at the time of the adoption of this title shall become or be made lawful solely by reason of the adoption of this title; and to the extent that, and in any manner that, said unlawful building, structure, or use is in conflict with the requirements of this title, said building, structure, or use remains unlawful hereunder. (1980 Zoning Code § 4.1)
17.04.020 Separability.
It is hereby declared to be the intention of the president and board of trustees that the several provisions of this title are separable, in accordance with the following:
A. If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this title not specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment. (1980 Zoning Code § 4.2)
17.04.030 Scope of regulations.
A. All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alteration or relocation of existing buildings occurring hereafter shall be subject to all regulations of this zoning code which are applicable to the zoning districts in which such buildings, uses, or land shall be located.
B. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this title; and provided, that construction is begun within six months of such effective date and diligently prosecuted to completion (completion to be accomplished within eighteen months of the adoption of this title), said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated – subject thereafter to the provisions of Chapter 17.05 RMC, nonconforming buildings, structures, and uses.
C. Where the zoning administrator has issued a permissive use permit, a conditional use permit, or a permit for a variation pursuant to the provisions of this title, such permit shall become null and void unless work thereon is substantially under way within twelve months of the date of the issuance of such permit by the zoning administrator, and completed within eighteen months of start of construction.
D. A conditional use permit shall be deemed to authorize only one particular conditional use and shall expire if the conditional use shall cease for more than twelve months for any reason.
E. Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this title, except that side yards shall not be required on lots used for garden purposes without buildings or structures and no side or front yards shall be required on lots used for public recreation areas.
F. No land which is located in a residence district shall be used for driveway, walkway, or access purposes to any land which is located in business, or industrial districts, or used for any purpose not permitted in a residence district. (1980 Zoning Code § 4.3)
17.04.040 Regulations for unique uses.
A. Fences, Walls, and Hedges.
1. Construction Permit Required. It shall be unlawful for any person to build, construct or erect any fence without a fence construction permit issued by the building department.
2. Permit Application. Any person desiring a fence construction permit shall apply in writing to the building department upon a form furnished by said department. In addition to the information required on said application, the application shall be accompanied by a sketch showing the proposed location of the fence in relation to lot lines and existing permanent improvements, the type of construction and materials to be used, and the proposed height of the fence.
3. Permit Fee. Every person desiring a fence construction permit shall submit, along with the application for same, a permit fee of ten dollars*.
4. Location with Reference to Lots or Easements – Releases. No fence shall be built, constructed or erected exceeding three feet in height so as to extend past the front yard building line as established by the zoning ordinance, nor shall any fence be built past the side street yard on a corner lot as established by the zoning ordinance.
5. Manner of Construction When Located in Easement – Liability of Village. Any fence allowed or permitted in an easement shall be so constructed that the fence and post may be readily removable. The village shall in no way be held liable for the replacement of any fence removed, or any other expense entailed by the removal or re-erection of any fence in said easement.
6. Gate Required. A gate or opening shall be provided in all fence enclosures.
7. Construction Material Generally. Any suitable construction materials may be used for a fence except corrugated sheet steel, chicken wire, square-welded mesh wire, electrically charged wire, or a temporary snow fence. Except as otherwise provided, no fence shall be taped with sharp-edged materials; provided, however, that this prohibition shall not be construed to prohibit picket fences. The entire length of a fence shall be constructed of the same or of harmonious material.
8. Barbed Wire. Barbed wire may be used in commercial or manufacturing zoning districts; provided, that a fence constructed of same shall be located a minimum of seven feet from the established grade and the barbed wire shall be turned to the inside of the property upon which it is erected. No barbed wire shall be located closer than five feet from any public right-of-way.
9. Height Measurement. Except as otherwise provided, all height dimensions for a fence shall be measured from the established grade to the topmost section of the fence.
10. Variances. The village board may approve a variance from the provisions of this title.
11. Maximum Height.
a. The maximum fence height in a residential use district shall be six feet between buildings and shall be six feet in height in the rear yard behind the building.
b. The maximum height of a fence located in a manufacturing use district shall be twelve feet.
c. The maximum height of a fence located in a commercial or office use district shall be six feet.
d. Except as provided in RMC 17.04.070(E), a fence, wall or densely planted hedge or shrubbery may be erected, placed, maintained, or grown along a lot line on residentially zoned property or adjacent thereto to a height not exceeding six feet above the ground level, except that no such fence, wall, hedge or shrubbery which is located in a required front yard shall exceed a height of three feet. Fences located in required front yards shall be at least fifty percent open.
Where such lot line is adjacent to nonresidentially zoned property, there shall be a twelve-foot limit on the height of a fence, wall, hedge or shrubbery along such lot line.
e. No fence, wall, hedge or shrubbery shall be erected, placed, maintained or grown along a lot line on any nonresidentially zoned property, adjacent to residentially zoned property, to a height exceeding six feet. All business and industrial fences shall be noncombustible.
B. Mobile Homes. The following requirements shall apply to the location and use of mobile homes and house trailers:
1. Nonresidential Use. A mobile home shall not be considered to be permissible as an accessory building. However, a mobile home may be used as a temporary office or shelter incidental to construction on or development of the premises on which the mobile home is located only during the time construction or development is actively under way.
2. Location. No person shall park or occupy a house trailer (mobile home) for living purposes except in an approved mobile home park, in accordance with the following conditions:
a. Mobile home parks shall be allowed only as conditional uses and only in the R-3 and B-3 districts and shall comply with all requirements of those districts.
b. Each mobile home park shall have direct access or access via a connector street to a principal county, township, state or village arterial street or road.
3. Additional Regulations. All mobile homes and mobile home parks shall conform to all other applicable regulations contained in the Village Municipal Code.
C. Storage of Large Movable Objects. No recreational vehicle, trailer of any kind, boat, inoperative vehicle, or similar movable or portable object shall occupy or be stored on a residential zoning lot, except in a completely enclosed structure, for a continuous period exceeding fifteen days in length. No such object, if unenclosed, shall occupy or be stored on a lot for more than a total of thirty days in any one year. (Ord. 93-4, 1993; 1980 Zoning Code § 4.4)
* Code reviser’s note: Ordinance 2016-13 provides for fence construction permit fees to be in accordance with the fee schedule as established by the village board of trustees. At that time Ordinance 2016-12 was the most recent ordinance establishing the fee schedule for fence construction permits.
17.04.050 Minimum lot size.
Every residential building hereafter erected on a lot or parcel of land created subsequent to the effective date of this title shall provide a lot or parcel of land in accordance with the lot size requirement of the district within which it is located. In any residence district, on a lot of record on the effective date of this title, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of this title are complied with; however, where two or more contiguous substandard recorded lots are in common ownership and are of such size as to constitute at least one conforming “zoning lot,” such lots or portions thereof shall be so joined, developed and used for the purpose of forming an effective and conforming zoning lot or lots. Such contiguous substandard lots in common ownership shall be considered as being maintained in common ownership after the effective date of this title for zoning purposes. In no case shall a lot created illegally be considered a lot of record. (1980 Zoning Code § 4.5)
17.04.060 Accessory buildings and structures.
A. Time of Construction. No accessory building or structure constructed on any lot prior to the time of construction of the principal building to which it is accessory shall be used for living purposes.
B. Percentage of Required Yard Occupied. No detached accessory building or structures shall occupy more than forty percent of the area of a required yard.
C. Height of Accessory Buildings. No detached accessory building or structure shall exceed the height of the principal building or structure, with the exception of buildings or structures accessory to residential buildings in which case the maximum height shall be twenty-five feet.
D. On Reversed Corner Lots. On a reversed corner lot in a residence district, and within fifteen feet of any adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to two-thirds the least depth which would be required under this title for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory buildings shall be located within six feet of any part of a rear lot line which coincides with the side lot line or portion thereof of property in any residence district.
No accessory building shall be erected in or encroach upon the required side yard of a corner lot which is adjacent to the street, nor upon the required side yard of a reversed corner lot which is adjacent to the street.
E. Separation Between Buildings. Detached accessory buildings or structures shall be located no closer to any other accessory or principal building than ten feet, except where the accessory structure and principal building are of fire-resistive type construction as approved by the building inspector in which case the minimum separation shall be five feet. (1980 Zoning Code § 4.6)
17.04.070 Bulk regulations.
A. Continued Conformity with Bulk Regulations. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space, or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space, or minimum lot area requirements for any other building.
B. Division of Zoning Lots. No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all zoning lots resulting from each such division or sale shall conform with all the applicable bulk regulations of the zoning district in which the property is located.
C. Location of Required Open Space. All yards and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
D. Required Yards – Existing Buildings. No yards, now or hereafter provided for a building existing on the effective date of this chapter, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this title for equivalent new construction.
E. Permitted Obstructions in Required Yards. The following shall not be considered to be obstructions when located in the required yards specified:
1. In All Yards. Open terraces not over three feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch; awnings and canopies; steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting twenty-four inches or less into the yard; approved freestanding signs; arbors and trellises; flagpoles; window unit air conditioners projecting not more than eighteen inches into the required yard; and fences or walls subject to applicable height restrictions of RMC 17.04.040.
2. In Front Yards. One-story bay windows projecting three feet or less into the yards; and overhanging eaves and gutters projecting three feet or less into the yard.
3. In Rear Yards. Open off-street parking spaces; balconies; recreational and laundry drying equipment; fallout shelters; outside elements of central air-conditioning systems, extending not more than four feet into the yard; breezeways and open porches; one-story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard.
4. In Side Yards. Overhanging eaves and gutters projecting thirty inches or less into the yard; open off-street parking spaces.
Permitted obstructions and detached accessory structures shall not, in the aggregate, occupy more than forty percent of any required yard. (1980 Zoning Code § 4.7)
17.04.080 Existing conditional uses.
A. Where a use is classified as a conditional use under this title, and exists as a conditional or permitted use at the date of the adoption of this title it shall be considered to be a legal conditional use.
B. Where a use is not allowed as a conditional or permitted use under this title, and exists as a conditional or special use at the date of the adoption of this title, it shall be considered to be a nonconforming use and shall be subject to the applicable nonconforming use provisions of Chapter 17.05 RMC. (1980 Zoning Code § 4.8)
17.04.090 Floodplain regulations.
The regulations contained in this section shall be supplementary to any other comprehensive flood hazard and damage prevention regulations contained in the municipal code of the village. In the event of conflict the more restrictive provisions shall apply.
A. Purpose. The floodplain regulations contained in this section are established for the following purposes:
1. To avoid or lessen the hazards to persons or damage to property resulting from the accumulation or runoff of storm or floodwaters.
2. To maintain the capacity of the floodplain to retain floodwaters.
3. To provide for the development of floodplain lands with uses not subject to severe damage by flooding and compatible with the other uses permitted in various zones.
4. To avoid the creation of new flood problems.
B. Specific Regulations.
1. No new or existing building or structures shall be erected or moved within a floodplain – as indicated upon the floodplain zoning map – unless the lowest floor, including the basement floor, is at an elevation which is not less than two feet above the flood base elevation for the site; provided, however, that basement walls or the bottom of any opening therein is not less than two feet above such elevation, and if plans and calculations for such floor and walls prepared by a licensed engineer or architect clearly indicate that the design is adequate to withstand expected forces and pressures to which it may be subjected.
2. The elevation of the ground for a minimum distance of twenty-five feet immediately surrounding any building or structure erected or moved within a floodplain shall be at an elevation of two feet above the flood base elevation for the site and shall extend in width not less than twenty-five feet at, or above, said elevation to a public street or accessway.
3. The elevation of the finished surface at the crown of any new street constructed within a floodplain shall be not less than two feet above the flood base elevation for the area. The design of such streets or accessways shall be such that the normal direction or course of drainage or runoff through the area is not interrupted.
4. If fill or any type of construction which would displace floodwaters is placed within the floodplain, a flood reservoir shall be constructed which shall hold floodwaters of equal volume to the volume of such fill or construction placed below the flood base elevation. In the case of streams and channels, such excavation shall be made opposite or just upstream from the filled-in area. Each such flood reservoir shall have adequate provision of drainage to the waterway. Upon compliance with the requirements of this title, the president and board of trustees will, upon request of an affected property owner, authorize the village clerk to issue a certificate of compliance, all in accordance with the standard specifications of the village. (1980 Zoning Code § 4.9)
17.04.100 Interpretation of use lists.
The zoning administrator may allow land uses (permitted or conditional) which, though not contained by name in a zoning district list of permitted or conditional uses, are deemed to be similar in nature and clearly compatible with the listed uses. However, such nonlisted uses shall not be approved by the zoning administrator until the application for such use has been reviewed by the village plan commission.
All nonlisted uses which are tentatively approved by the zoning administrator shall be added to the appropriate use list by title at the time of periodic updating and revision. (1980 Zoning Code § 4.10)
17.04.110 Satellite receiving antenna.
An accessory structure whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources, and which consist of three main components: the antenna itself (often called a dish); a low-noise amplifier (LNA) and a receiver. The antenna and the LNA are located outdoors and are connected by coaxial cable to the receiver, which is located indoors. The height of the antenna shall be measured vertically from the highest point of the signal-receiving apparatus, when positioned for operation, to the bottom of the base which supports the antenna. (Ord. 85-20, 1985)
17.04.120 Satellite receiving antenna construction.
A. Before proceeding with the construction, alteration or repair of a satellite receiving antenna in the village, a permit for the same shall be first obtained by the owner or his agent from the village.
B. All satellite receiving antennas shall comply with BOCA and FCC requirements.
C. The construction and installation of all satellite receiving antennas shall conform to applicable village building code and electrical code regulations and requirements.
D. Electromagnetic Interference. Each satellite receiving antenna shall be filtered and/or shielded so as to prevent the emission of radio-frequency energy that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to the granting of a building permit, the owner of the dish antenna shall promptly take steps to eliminate the harmful interference in accordance with all applicable regulations.
E. Each satellite receiving antenna shall serve only the building located upon the zoning lot on which said satellite receiving antenna is constructed pursuant to this section.
F. Satellite receiving antennas shall be constructed of noncombustible and corrosive-resistant material.
G. Satellite receiving antennas shall be constructed and erected in a secure and wind-resistant manner. The antenna shall be wind-resistant enough to withstand eighty-five-mile-per-hour winds normally and seventy-mile-per-hour winds when combined with ice, without sustaining damage.
H. The satellite receiving antenna must be adequately grounded for protection against a direct strike of lighting.
I. Roof mounted satellite receiving antennas shall have a certification from a structural engineer regarding the location stating that the structure is capable of handling the antenna and that said antenna does not provide any additional stress which the structure cannot bear. (Ord. 85-20, 1985)
17.04.130 Residential districts.
A satellite receiving antenna may be located in any residential district; provided, that the same:
A. Shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches in height;
B. Shall be compatible with the appearance and character of the neighborhood;
C. Shall be limited to one per zoning lot;
D. Shall not exceed ten feet in diameter;
E. Shall not be roof mounted;
F. Shall be located only in a rear yard a minimum of ten feet from any lot line. (Ord. 85-20, 1985)
17.04.140 Business districts.
A satellite receiving antenna may be located in any business district; provided, that the same:
A. Shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches in height;
B. Shall be compatible with the appearance of the neighborhood;
C. Shall be limited to one per zoning lot or per building, whichever is less;
D. Shall not exceed twelve feet in diameter;
E. If roof mounted, shall be to a maximum height above ground level of thirty-five feet. Additional requirements shall apply to roof mounted satellite receiving antennas (see RMC 17.04.120(I));
F. Dishes must either be on the ground or on the roof. No mounting above ground on poles or other structures (this goes for all districts);
G. Ground mounting is not to be located between a building and a front lot line. The full impact of satellite receiving antennas shall be reduced by screening. If the subject parcel adjoins a residential district, all antennas shall be placed a minimum of ten feet from any lot line and effectively screened by a fence, wall, or dense screening hedge to a maximum height of six feet. Said fence, wall or hedge shall be located on or near the lot line bounding the residential district and shall otherwise comply with the applicable zoning requirements governing its location, shall be located only in a rear yard a minimum of ten feet from any lot line. (Ord. 85-20, 1985)
17.04.150 Industrial districts.
A satellite receiving antenna may be located in any industrial district; provided, that the same:
A. Shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches in height;
B. Shall be compatible with the appearance of the neighborhood;
C. Shall be limited to one per zoning lot or per building, whichever is less;
D. Shall not exceed twelve feet in diameter;
E. If roof mounted, shall be to a maximum height above ground level of thirty-five feet. Additional requirements shall apply to roof mounted satellite receiving antennas (see RMC 17.04.120(I));
F. Dishes must either be on the ground or on the roof. No mounting above ground on poles or other structures (this applies to all districts);
G. Ground mounting is not to be located between a building and a front lot line. The full impact of satellite receiving antennas shall be reduced by screening. If the subject parcel adjoins a residential district, all antennas shall be placed a minimum of ten feet from any lot line and effectively screened by a fence, wall, or dense screen hedge to a maximum height of six feet. Said fence, wall or hedge shall be located on or near the lot line bounding the residential district and shall otherwise comply with the applicable zoning requirements governing its location, shall be located in a rear yard a minimum of ten feet from any lot line. (Ord. 85-20, 1985)
17.04.160 Application.
Any person desiring to erect a satellite receiving antenna shall apply in writing to the village clerk’s office upon a form furnished by said office. Along with said application, a permit fee of ten dollars shall be paid. (Ord. 85-20, 1985)
17.04.170 Telecommunications facilities.
A. The purpose of this section is to provide specific regulations for the placement, construction and modification of telecommunications facilities. It is desired that a rational and reasonable balance amongst and between the interests of the residents and businesses of this community, those telecommunications providers desiring to provide services, and this community’s obligations under applicable antenna site provisions contained in the Federal Telecommunications Act of 1996 shall be fairly satisfied. It is the intent and goal of this section to encourage the location of telecommunications facilities in nonresidential areas. Further, where appropriate, location upon municipality owned lands and structures is desired, it being the opinion of the president and board of trustees that the public burden associated with the visual impact of a telecommunications facility may be offset or balanced by the public benefit generated by the leasing of municipally owned facility space. Providers are further encouraged, through the operation of these regulations, to limit the number of new tower sites and to encourage designs, locations and configurations that minimize adverse visual impact.
B. Definitions. For the purpose of this section, the following words and terms shall have the following meanings:
“Antenna” means an antenna device by which radio signals are transmitted, received, or both;
“Antenna support structure” means a structure, whether an antenna tower or other type of structure, that supports one or more antennas as part of a facility;
“Antenna tower” means a structure designed, manufactured 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, cellular and/or PCS towers and the like;
“FAA” means the Federal Aviation Administration of the United States Department of Transportation;
“FCC” means the Federal Communication Commission;
“Governing authority” means the president and board of trustees of the village;
“Horizontal separation distance” means the distance measured from the center of the base of the antenna support structure to the point where the ground meets a vertical wall of a principal residential building;
“Lot line setback distance” means the distance measured from the center of the base of the antenna support structure to the nearest point on the common lot line between the telecommunications facility lot and the nearest residentially zoned lot;
“Nonresidential zoning district” means all areas under the village’s zoning jurisdiction except those portions within any conservation and residential districts;
“Residential zoned lot” means a zoning lot in a conservation and residential zoning district;
“Residential zoning district” means a zoning district that is designated under the village’s zoning ordinance as a conservation and residential district;
“Telecommunications carrier” means a telecommunications provider or carrier as defined in the Public Utility Act of the state (as of January 1, 1997), a mobile services provider or carrier as defined in the Federal Telecommunications Act of 1996 and may more broadly be described as a provider, carrier, seller or supplier of cellular, PCS (personal communication services), two-way radio, specialized mobile radio, wireless local loop or other form of radio telephone or wireless communications service under a license from the FCC;
“Telecommunications facility” means any antenna, antenna support structure or tower, including any related equipment boxes, shelters and buildings required by a telecommunications carrier to provide telecommunications services.
C. Uses Allowed. All new telecommunications facilities shall comply with this title upon the date of passage. All telecommunications facilities existing on the date of passage of this section shall be allowed to continue their usage as they presently exist. New construction, other than routine maintenance on existing telecommunications facilities shall comply with the requirements of this section.
1. Specific Permitted Uses. All newly constructed telecommunication facilities require conditional use permits.
2. Conditional Uses.
a. If the proposed telecommunication facility is not a permitted use under subsection (C)(1) of this section, then a conditional use shall be required.
b. In granting a conditional use, the governing authority may impose zoning conditions to the extent the governing authority concludes conditions are necessary to buffer or otherwise minimize any adverse effect of the proposed antenna tower on adjoining properties.
c. Any applicant requesting a conditional use under this section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, scaled by appropriate professional engineers, showing the location and dimensions of all improvements, including information concerning topography, radii frequency coverage, tower-height requirements, setbacks, drives, parking, landscaping, adjacent uses, and other information necessary to assess compliance with this section. Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a qualified professional engineer.
d. Conditional uses shall be granted only upon approval by the president and board of trustees, after public hearing before and recommendation by the board of zoning appeals.
e. Factors Considered in Granting Conditional Uses. The governing authority shall consider the following factors in determining whether to issue a conditional use, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if, in the sole discretion of the governing authority, the goals of this section are better served thereby:
i. Height of the proposed tower;
ii. Proximity of the tower to existing residential structures;
iii. Nature of uses on adjacent and nearby properties;
iv. Surrounding topography;
v. Surrounding tree coverage and foliage;
vi. Designs of the tower, with particular characteristics that have the effect of reducing or eliminating visual obtrusiveness; and
vii. Availability of suitable existing towers and other structures in the vicinity. No new tower shall be permitted pursuant to a conditional use process unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant’s proposed antenna or antennas. Appropriate evidence used to demonstrate the lack of availability of any such structure may consist of the following:
(A) No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements.
(B) Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
(C) Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
(D) 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.
(E) The fees or costs required 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 unreasonable.
(F) Property owners or owners of existing towers or structures are unwilling to reasonably accommodate the applicant’s needs.
(G) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
viii. Setbacks and Separation. The following setbacks and separation requirements shall apply to all antenna towers and antennas for which a conditional use is required; provided, however, that the governing authority may, in its sole discretion, reduce the standard setback requirement if the goals of this title would be better served thereby.
(A) Antenna towers must be set back a distance equal to the height of the tower from any off-site residential structure. At minimum, any such antenna tower shall provide a lot line setback at least equal to one-half its height from the antenna to all adjoining residential lot lines.
(B) Security Fencing. Antenna towers shall be enclosed by security fencing not less than six feet in height with barbed wiring or another appropriate anti-climbing device; provided, however, that the governing authority may, in its sole discretion, waive such requirements, as it deems appropriate.
ix. Landscaping. The following guidelines shall govern the landscaping surrounding antenna towers for which a conditional use is required; provided, however, that the governing authority may, in its sole discretion, waive such requirements if the goals of this section would be better served thereby.
(A) The ground surrounding the fenced area of a telecommunications facility containing an antenna tower shall be landscaped with plant materials that effectively screen the view of the fencing equipment shelter, cabinets or boxes of the telecommunications facility from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the facility.
(B) In locations where the visual impact of the antenna tower would be minimal, the landscaping requirement may be reduced or waived altogether.
(C) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as antenna towers sited on large, wooded lots, natural growth around the facility or property perimeter may provide a sufficient buffer.
D. Site Selection and Protocols. The governing authority encourages and desires that the following list of pointers for new telecommunications facility be observed and the telecommunications providers and carriers endeavor in good faith to use their best efforts to locate their facilities in accordance herewith:
1. Place telecommunications facilities upon property and structures owned by the village.
2. Place telecommunications facilities upon appropriate existing structures such as buildings, communication towers, water towers and smokestacks.
3. Place telecommunications facilities upon property or structures located within the business districts and industrial districts.
E. Co-location and Abandonment. All commercial wireless telecommunications towers erected, constructed, or located within the village shall comply with the following requirements:
1. A proposal for a new commercial wireless telecommunications service tower shall not be approved unless the village board finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius (one-half-mile search radius for towers under one hundred twenty feet in height, one-quarter-mile search radius for towers under eighty feet in height) of the proposed tower due to one or more of the following reasons:
a. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.
c. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
d. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
2. Any proposed commercial wireless telecommunications service tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the tower is over one hundred feet in height or for at least one additional user if the tower is over sixty feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
3. Any antenna or antenna tower that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety days, the governing authority may remove such antennas or tower at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all uses cease using the tower.
F. All telecommunications facilities must meet or exceed current standards and regulations of the FAA, FCC and any other agency of the federal government with the authority to regulate such facilities. In addition, the following regulations limitations and restrictions must apply:
1. The maximum height for any antenna tower, whether permitted by right or conditional use, shall be as follows:
a. One hundred twenty feet on any property zoned business district; and
b. One hundred eighty feet upon any property zoned industrial district.
2. The height of an existing antenna tower may be increased for the purpose of co-location or improvement of service and transmitting and receiving efficiency, as long as the overall height of the structure does not exceed the above stated maximums. No conditional use or height variation zoning process shall be required for any such height increase.
3. The maximum heights stated hereinabove may be exceeded only upon approval by variation by the governing authority after a public hearing and recommendation by the board of zoning appeals.
4. All antenna towers shall have a noncontrasting galvanized steel, blue, gray or black finish, or a similar color that minimizes their visibility, unless a different color is required by the FCC or FAA.
5. No signals, lights or signs shall be permitted on antenna towers unless required by the FCC or FAA.
6. All telecommunications facilities shall be built according to the standards of the Electronics Industry Association and all applicable construction and building codes.
7. Building mounted telecommunications facilities shall be architecturally compatible with the building upon which they are mounted.
8. No telecommunications facility shall cause interference with the reception of television and radio broadcasting to the property on which they are located or to surrounding properties.
G. Exemptions. With the exception of the applicability of subsections (E)(3), (H), and (I) of this section, antennas or towers located on publicly owned property shall be exempt from the requirements, rules and regulations of the zoning code of the village including the terms, provisions, conditions and regulations contained therein being the preceding above stated subsections regarding “telecommunications facilities,” provided a license or lease authorizing such antenna, tower or facility has been approved by the governing authority. All telecommunications facilities must comply with subsections (E)(3), (H) and (I) of this section. Publicly owned property shall include but not be limited to: parks, schools, water towers, existing communication structures, public works yards, police and fire stations, village and other administrative offices, and the like. This provision shall include exemption from both use and bulk (height and setback) regulations pertaining to telecommunications facilities, regardless of location or zoning district, and regardless of the type (building mounted, water tower mounted, new monopole or lattice tower, etc.) of facility to be installed.
H. Inspection and Disturbances.
1. At least every twenty-four months, the tower shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of communication towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection check list provided in the Electronics Industries Association Standard 222, “Structural Standards for Steel Antenna Towers and Antenna Support Structures,” and the fee shall be paid by the applicant.
2. In the case of any disturbance to a street or other public property caused by an operator during the course of constructing or maintaining its system facilities, an operator shall, at its own expense, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or other public property disturbed to as good or better condition as before the disturbance in accordance with applicable federal, state and local laws, rules, regulations or administrative decisions. The duty to restore the street or other public property shall include the repair of any area identified by the director of public works as being weakened or damaged as a result of a cut or other invasion of the pavement of a street or other public property.
I. Application. An application shall include:
1. Written authorization from the property owner of the proposed tower site.
2. A site plan:
a. Drawn to scale;
b. Showing the property boundaries;
c. Showing any tower guy wire anchors and other apparatus;
d. Existing and proposed structures;
e. Scaled elevation view;
f. Access road(s) location and surface material;
g. Parking area;
h. Fences;
i. Location and content of (any or warning) signs;
j. Exterior lighting specifications;
k. Landscaping plan;
l. Land elevation contours;
m. Existing land uses surrounding the site;
n. Proposed transmission buildings and/or other accessory uses with details including:
i. Elevations;
ii. Proposed use.
3. A written report including:
a. Information describing the tower height and design;
b. A cross-section of the structure;
c. Engineering specifications detailing construction of tower, base and guy wire anchorage;
d. Information describing the proposed painting and lighting schemes;
e. Information describing the tower’s capacity, including the number and type of antennas that it can accommodate;
f. Radio frequency coverage;
g. All tower structural information to be certified by a licensed professional engineers;
h. Wireless telecommunications data to be certified by an appropriate wireless telecommunications professional;
i. Information discussing unavailability of other sites for one or more of the following reasons:
i. Refusal by current tower owner;
ii. Topographic limitations;
iii. Adjacent impediments blocking transmission;
iv. Site limitations to tower construction;
v. Technical limitations of the system;
vi. Equipment exceeds structural capacity of facility or tower;
vii. No space on existing facility or tower;
viii. Other limiting factors rendering existing facilities or towers unusable;
j. An updated appraisal report for sites requested in residential areas;
k. An update of capacity on an existing tower.
An application that does not include all the above-mentioned items can be reviewed only at the discretion of the zoning board of appeals and village board.
Each applicant for an antenna and/or tower shall provide to the planning and zoning department an inventory of its existing towers that are either within the jurisdiction of the governing authority or within one and one-quarter mile of the border thereof, including specific information about the location, height and design of each tower. The planning and zoning department 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; provided, however, that the zoning administrator is not, by sharing said information, in any way requesting or warranting that such sites are available or suitable.
J. Headings. The headings for the subsections of this section are inserted solely for the convenience of reference and form no substantive part of this section nor should they be used in any interpretation or construction of any substantive provisions of this section.
K. State Law Adopted. All applicable provisions of the Illinois Compiled Statutes relating to the purpose of this section are hereby incorporated herein by reference.
L. Federal Law Adopted. All applicable provisions of Section 704 of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332(c)(7), relating to the purposes of this section are hereby incorporated herein by reference. (Ord. 99-56, 1999)