§ 8-94. Conditions.

(a)

The proposed communications tower, antenna, or accessory structure will be placed in a reasonably available location which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by applicable communications regulations and the applicant's technical design requirements.

(b)

The applicant must show that:

(1)

The proposed antenna and equipment cannot be accommodated and function as required by applicable regulations and applicant's technical design requirement without unreasonable modifications on any existing structure or tower under the control of the applicant.

(2)

If a permit is sought in a residential district, the area cannot be adequately served by a facility placed in a nonresidential district for valid technical reasons.

(3)

Prior to consideration of a permit for location on private property which must be acquired, available publicly-owned sites, and available privately-owned sites occupied by a compatible use, are unsuitable for operation of the facility under applicable communications regulations and applicant's technical design requirements.

(4)

The new tower is designed to accommodate additional antennas equal in number to the applicant's present and future requirements.

(5)

All applicable health, nuisance, noise, fire, building, and safety code requirements are met.

(6)

By certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules.

(c)

The applicant must file with the board a written indemnification of the village and proof of liability insurance or financial ability to respond to claims up to $1,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the village, in a form approved by the municipal attorney.

(d)

The communications tower shall not be painted or illuminated unless provided by state or federal regulations.

(e)

A permit for a proposed tower site within 1,000 feet of an existing tower shall not be issued unless the applicant certifies that the existing tower does not meet applicant's structural specifications and applicant's technical design requirements, or that a collocation agreement could not be obtained.

(f)

Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations, except setback and height, shall apply to the use. The setback and height conditions in this article apply.

(g)

A tower must be a minimum distance equal to one-half the height of the tower from property designated historic or architecturally significant, and must be set back from all lot lines distances equal to the district setback requirements of 25 percent of the tower height, whichever is greater.

(Code 2004, § 18.23)