§ 46-453. Satellite dish antennas and towers.

Any exterior audiovisual dish antenna or receiver (referred to as a "satellite dish antenna") to be placed upon a lot, parcel or building shall be regulated the same as a principal building or as an accessory structure or building in the applicable zoning district. Wireless communication towers, including commercial television and radio towers and cellular telephone antennas, may be permitted in any zoning district within the village, subject to the following minimum conditions:

(1)

If the tower is to be located in a residential or office district, the property shall be owned and occupied by a governmental or educational entity.

(2)

All new towers shall be designed and constructed to allow for at least two additional collocators. Furthermore, the applicant shall commit to the village that it will negotiate in good faith and allow for leased, shared use of the tower at a reasonable market rate.

(3)

The height of the tower, including any and all attachments, shall not exceed 175 feet, unless a variance has been granted by the zoning board of appeals.

(4)

The tower shall be set back from any residential district a minimum distance of 50 feet, plus the overall height of the tower.

(5)

The tower shall be set back from any nonresidential district a minimum distance equal to the overall height of the tower. The setback may be reduced to one-half of the overall height of the tower if the applicant provides a written statement that verifies the ability of the tower to collapse in upon itself. Such statement shall be certified by a licensed engineer or architect.

(6)

Monopole structures shall be required when technically feasible. To minimize visual pollution the village encourages innovative design.

(7)

The site shall be landscaped in an aesthetically pleasing and functional manner with particular attention to those areas that abut residentially zoned property. The tower base, any accessory buildings and protective fencing shall be screened from abutting public rights-of-way and/or adjacent properties by means of an obscuring greenbelt. Landscaping shall also be provided along any access drives which serve the tower site.

(8)

When submitting an application for any proposed transmission tower, the applicant shall provide the following documents:

a.

A statement certified and sealed by a licensed engineer or architect, verifying a safe fall zone for the tower, antenna or pole and all attachments. Manufacturer specifications of a safe fall zone may be substituted for this requirement. No building, sidewalk, parking lot or other area in which pedestrian or vehicular traffic is anticipated shall be permitted within the safe fall area.

b.

A statement, certified and sealed by a licensed engineer or architect, verifying that the tower, antenna or pole and all attachments will withstand wind speeds up to 100 miles per hour with no ice, and 74 miles per hour with up to one-half inch of radial ice. Manufacturer specifications may be substituted for this requirement.

c.

A statement, certified and sealed by a licensed engineer, that the signal being transmitted will not interfere with the ability of surrounding uses to receive signals from different radio, television, telephone or other electronic equipment.

d.

A report that surveys all existing towers within a three-mile radius of the proposed site, including towers located in neighboring communities. The report shall, at a minimum, identify the owner and provider of each tower and shall provide information regarding the type, size and height of each tower. The report shall also contain written documentation of attempts by the applicant to collocate its transmission requirements on any of the existing towers, along with proof in writing why collocation was denied or why collocation on any of the existing towers is not feasible.

e.

A statement containing an agreement that, should any tower approved under this chapter cease to function in its approved capacity, it shall be removed from the site within 180 days. Removal shall also include any accessory facilities. In order to ensure compliance with this condition, the village may require that a removal bond of $10,000.00 be posted.

(9)

No sign, logo, lettering or advertising shall be displayed upon the tower. Signage for any accessory building on the site shall be in compliance with section 46-578

(Ord. No. 482, § 3.21, 7-17-2000; Ord. No. 491, 11-18-2002)