[Added 10-18-2001]
As used in this article, the following terms
shall have the meanings indicated:
Man-made structures such as elevated tanks, electric utility
transmission line towers, nonresidential buildings, and similar alternative-design
mounting structures that camouflage or conceal the presence of antennas
or towers. Freestanding signs are not considered to be alternative
tower structures.
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending and/or receiving of
electromagnetic waves.
The Federal Aviation Administration.
The Federal Communications Commission.
The governing authority of the Town of Winneconne.
When referring to a tower or other structure, the distance
measured from ground level to the highest point on the tower or other
structure, even if said highest point is an antenna.
See § 310-53D of this article.
Any structure that is designed 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, common-carrier
towers, cellular telephone towers, PCS towers, alternative tower structures,
and the like.
A.
District height limitations. The requirements set
forth in this article shall govern the location of towers that exceed,
and antennas that are installed at, a height in excess of the height
limitations specified for each zoning district. The height limitations
applicable to buildings and structures shall not apply to towers and
antennas; however, in no case shall any tower exceed the following
height limitations:
B.
Public property. Antennas located on property owned,
leased, or otherwise controlled by the governing authority shall be
exempt from the requirements of this article, provided that a license
or lease authorizing such antenna or tower has been approved by the
governing authority.
C.
Amateur radio; receive-only antennas. This article
shall not govern any tower, or the installation of any antenna, that
is under 70 feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively as
a receive-only antenna.
D.
Preexisting towers and antennas. Any tower or antenna
for which a permit has been properly issued prior to the effective
date of this article shall not be required to meet the requirements
of this article, other than the requirements of § 310-54E
and F. Any such towers or antennas shall be referred to in this article
as "preexisting towers" or "preexisting antennas."
A.
Purpose; goals. The purpose of this article is to
establish general guidelines for the sitting of towers and antennas.
The goals of this article are to minimize the total number of towers
throughout the community, strongly encourage the joint use of new
and existing tower sites, encourage users of towers and antennas to
locate them, to the extent possible, in areas where the adverse impact
on the community is minimal, encourage users of towers and antennas
to configure them in a way that minimizes the adverse visual impact
of the towers and antennas, and enhance the ability of the providers
of telecommunications services to provide such services to the community
quickly, effectively, and efficiently.
B.
Principal or accessory use. Antennas and towers may
be considered either principal or accessory uses. A different existing
use or an existing structure on the same lot shall not preclude the
installation of an antenna or tower on such lot. 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 lots. Towers that are
constructed, and antennas that are installed, in accordance with the
provisions of this article shall not be deemed to constitute the expansion
of a nonconforming use or structure.
C.
Inventory of existing sites. Each applicant for an
antenna and/or tower shall provide to the Winnebago County Planning
and Zoning Department an inventory of its existing towers that are
either within the jurisdiction of the governing authority or within
one mile of the border thereof, including specific information about
the location, height, and design of each tower. The Winnebago County
Planning and Zoning Department may share such information with other
applicants applying for administrative approvals or conditional use
permits under this article or other organizations seeking to locate
antennas within the jurisdiction of the governing authority; provided,
however, that the Winnebago County Planning and Zoning Department
is not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
D.
Aesthetics and lighting. The guidelines set forth
in this subsection shall govern the location of all towers, and the
installation of all antennas, governed by this article; provided,
however, that the governing authority may waive these requirements
if it determines that the goals of this article are better served
thereby.
(1)
Towers shall 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.
(2)
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 the tower facilities to
the natural setting and built environment.
(3)
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.
(4)
Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the governmental authority may review the available lighting alternatives
and approve the design that would cause the least disturbance to the
surrounding views.
(5)
Towers and antennas shall not be used for displaying
any advertising. If FCC rules require that the owner's name be shown
on the tower or antenna, it shall be posted no more than six feet
above the ground on a placard no larger than 1 1/2 square feet.
E.
Federal requirements. All towers must meet or exceed
current standards and regulations of the FAA, the FCC, and any other
agency of the 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 article 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 more stringent compliance schedule is mandated
by the controlling 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 by the
governing authority at the expense of the tower or antenna owner,
or at the expense of the property owner in the case where the owner
of the tower or antenna is leasing the property upon which the tower
or antenna is installed.
F.
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
and 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 governing authority 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 have 30 days to bring such
tower into compliance with such standards. If the owner fails to bring
such tower into compliance within said 30 days, the governing authority
may remove such tower at the expense of the tower or antenna owner,
or at the expense of the property owner in the case where the owner
of the tower or antenna is leasing the property upon which the tower
or antenna is installed, and assess said cost as a levy of a special
assessment pursuant to § 66.0703, Wis. Stats., or subsequent
process.
A.
General. The uses listed in this section are deemed to be permitted uses and shall not require a conditional use permit. Nevertheless, all such uses shall comply with § 310-54 of this article and all other applicable sections.
B.
Specific permitted uses. The following uses are specifically
permitted:
(1)
Installing an antenna on an existing alternative tower
structure, so long as said additional antenna adds no more than 20
feet to the height of said existing structure; and
(2)
Installing an antenna on an existing tower or silo
of any height, including a preexisting tower, and further including
the placement of additional buildings or other supporting equipment
used in connection with said antenna, so long as the addition of said
antenna adds no more than 20 feet to the height of said existing tower.
A.
General. The following provisions shall govern conditional
use permits:
(1)
If the tower or antenna is not a permitted use under § 310-55 of this article, then a conditional use permit shall be required prior to construction of any tower or the placement of any antenna.
(2)
Towers and antennas may only be located in the Agricultural
District (A-2), Commercial District (C-1), and Industrial District
(I-1).
(3)
If a conditional use permit is granted, the governing
authority may impose conditions to the extent the governing authority
concludes such conditions are necessary to minimize any adverse effect
of the proposed tower on adjoining properties.
(4)
Any information of an engineering nature that the
applicant submits, whether civil, mechanical, or electrical, shall
be certified by a licensed professional engineer.
B.
Information required. Each applicant requesting a
conditional use permit under this article shall submit a scaled site
plan and a scaled elevation view and other supporting drawings, calculations,
and other documentation, signed and sealed by appropriate licensed
professionals, showing the location and dimensions of all improvements,
including information concerning topography, frequency coverage, tower
height requirements, setbacks, drives, parking, fencing, landscaping,
adjacent uses, and other information deemed by the governing authority
to be necessary to assess compliance with this article.
C.
Factors considered in granting conditional use permits.
The governing authority shall consider the following factors in determining
whether to issue a conditional use permit, although the governing
authority may waive or reduce the burden on the applicant of one or
more of these criteria if the governing authority concludes that the
goals of this article are better served thereby:
(1)
Height of the proposed tower.
(2)
Capacity of the tower structure for additional antenna
equipment to accommodate expansion or to allow for collocation of
another provider's equipment.
(3)
Proximity of the tower to residential structures and
residential district boundaries.
(4)
Nature of uses on adjacent and nearby properties.
(5)
Surrounding topography.
(6)
Surrounding tree coverage and foliage.
(7)
Design of the tower, with particular reference to
design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
(8)
Proposed ingress and egress.
D.
Availability of suitable existing towers or other
structures. No new tower shall be permitted 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. Evidence submitted to demonstrate that no existing tower
or structure 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 required to meet 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 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.
E.
Setbacks and separation. The following setbacks and
separation requirements shall apply to all towers and antennas for
which a conditional use permit is required; provided, however, that
the governing authority may reduce the standard setbacks and separation
requirements if the goals of this article would be better served thereby:
F.
Landscaping. The following requirements shall govern
the landscaping surrounding towers for which a conditional use permit
is required; provided, however, that the governing authority may waive
such requirements if the goals of this article would be better served
thereby:
(1)
Tower facilities shall be landscaped with a mixture
of deciduous and evergreen trees and shrubs that effectively screen
the view of the tower compound from adjacent residential property.
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
altogether.
(3)
Existing mature tree growth and natural landforms
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 sufficient buffer.
Any antenna or tower that is not operated for
a continuous period of 12 months shall be considered abandoned, and
the owner of such antenna or tower shall remove the same within 90
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 90 days, the governing authority may remove such antenna
or tower at the expense of the tower or antenna owner, or at the expense
of the property owner in the case where the owner of the tower or
antenna is leasing the property upon which the tower or antenna is
installed, and assess said cost as a levy of a special assessment
pursuant to § 66.0703, Wis. Stats., or subsequent provisions.
If there are two or more users of a single tower, then this provision
shall not become effective until all users cease using the tower.