Village of North Hills, NY Article VI Accessory Uses

§ 215-25 Accessory uses and buildings.

A. An accessory building or use may be located in any side yard or rear yard, provided that:

(1) No such building may exceed 15 feet in height.

(2) Such buildings shall be set back at least 10 feet from any lot line.

(3) All such buildings in the aggregate shall not occupy more than 30% of the area of the required rear or side yard.

B. Accessory buildings constructed on two contiguous lots at the same time may be located along the common side lot line or rear lot line of such contiguous lots.

C. An accessory building on that portion of a lot not included in any required yard shall conform to the height regulations for principal buildings.

D. No accessory building shall project nearer to the street on which the principal building fronts than such principal building.

E. Accessory uses.

[Amended 10-27-1982 by L.L. No. 14-1982; 5-25-1983 by L.L. No. 3-1983; 3-23-1988 by L.L. No. 2-1988; 7-18-1990 by L.L. No. 4-1990; 7-6-1993 by L.L. No. 5-1993]

(1) No accessory use is permitted in a residential district except in accordance with this Subsection E and except with a building permit where required for any building or structure.

(2) The following accessory uses are permitted in a residential district, with an accessory use permit from the Board of Appeals, subject to the provisions of this section and other applicable provisions of this Code:

(a) Tennis courts.

(b) Swimming pools.

(c) Cabanas.

(d) Private auto garages.

(e) Garden sheds or tool sheds.

(f) Home occupations.

(g) Signs (where permission of the Board of Appeals is required).

(h) Fences.

(i) Walls.

(j) Hot tubs having a surface area greater than 100 square feet.

(3) The following accessory uses are permitted in a residential district, with an accessory use permit from the Code Enforcement Officer, subject to the provisions of this section and other applicable provisions of this Code:

(a) Signs (where permission of the Code Enforcement Officer is required).

(4) Any accessory use authorized by this section (except a sign or home occupation) and recreational facilities or areas accessory to a principal residential use and the use of which facilities is available only to owners of the residential property and their guests shall be permitted in a residential district where shown on a subdivision or site plan approved by the Planning Board.

(5) The following accessory uses are permitted in a residential district without an accessory use permit:

(a) Play equipment or playhouses no more than six feet in height.

(b) Hot tubs having a surface area no greater than 100 square feet.

(c) Barbecues or grills, provided that the structure in which such barbecue is located shall not exceed six feet in width, five feet in height or three feet in depth and further provided that such barbecue or grill is not located in a required yard setback area.

(d) Landscaping and ancillary landscape lighting, foundations and decorative features, provided that no glare or other obstructions are evident.

(e) Decorative freestanding trellises located in rear yards no closer than 10 feet to any property line and no greater than eight feet in height, supported by freestanding posts open on all sides (except that not more than one side may be shielded by trellis work or decorative wood fencing). The post-supported upper horizontal trellis may not exceed an outside horizontal space of 100 square feet and shall be constructed of an open-type framework. No such trellis shall be constructed or maintained without a building permit and a certificate of completion.

[Added 7-31-1996 by L.L. No. 13-1996]

(f) Freestanding decorative landscaping walls with a height no greater than 42 inches, located in any yard. No such wall shall be constructed or maintained without a building permit and a certificate of completion.

[Added 7-31-1996 by L.L. No. 13-1996]

F. Accessory uses permitted in a commercial district are surface parking lots, subsurface parking lots, fences, walls, signs (where permitted by this Code) and outdoor or underground pools. Signs shall require permits from the Board of Appeals or the Code Enforcement Officer, as provided elsewhere in this Code. All other accessory uses shall require a permit from the Board of Appeals, except that the Planning Board may grant a permit for an accessory use (other than a sign or home occupation) shown on a subdivision or site plan approved by the Planning Board. Ancillary landscape features and landscaping are permitted, provided that no glare or other obstruction is evident.[1]

[Amended 10-27-1982 by L.L. No. 14-1982; 5-25-1983 by L.L. No. 9-1983; 9-18-2019 by L.L. No. 3-2019]

[1] Editor's Note: Former Subsection G, regarding antennas, added 11-30-1983 by L.L. No. 22-1983, as amended, which immediately followed this subsection, was repealed 1-21-1998 by L.L. No. 2-1998.

§ 215-26 Wireless communications towers and antennas.

[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.[1] 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]

[1] Editor's Note: See Ch. 130, Fees.

(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.

[7] A description of compliance with Subsections D(3), (4), (5), (6), (7), (10), (12) and (13), G(2)(d) and (e) and all applicable federal, state or local laws, rules or regulations.

[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.

[4] Surrounding topography.

[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.