The purpose and intent of this chapter is to
strike a balance between the federal interest concerning the construction,
modification and siting of telecommunications towers and antennas
for use in providing personal wireless services and the interest of
the City of Gillett (hereinafter the "City"). The regulations contained
herein are designed to protect and promote the public health, safety
and welfare of the community and the aesthetic quality of the City.
The goals of this chapter are to protect residential and commercial
areas and land uses from the potential adverse impacts of towers and
antennas and avoid potential damage to adjacent properties from tower
failure through engineering and careful siting of tower structures.
It is also the intent of this chapter to provide a public forum to
ensure a balance between public concerns and private interests in
establishing commercial telecommunications and related facilities.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
CO-LOCATION
The provision of multiple antennas of more than one commercial
wireless communication service provider or government entity on a
single tower or structure.
COMMERCIAL USE
A use that involves the exchange of cash, goods, or services,
barter, forgiveness of indebtedness, or any other remuneration in
exchange for goods, services, lodging, meals, entertainment in any
form, or the right to occupy space over any period of time.
LATTICE TOWER
A self-supporting structure erected on the ground which consists
of metal crossed strips or bars to support antennas and related equipment.
MONOPOLE
A monopolar structure erected on the ground to support wireless
communication antennas and connecting appurtenances.
PERSONAL WIRELESS SERVICES
Any mobile service that is not a commercial mobile service
or the functional equivalent of a commercial mobile service, as specified
by regulation by the Commission, 47 U.S.C. § 332(d)(3).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
RADIO TOWER
Any structure erected on the ground to support the transmission
and operation of video antennas or transmission and reception of audio
antennas.
TELECOMMUNICATIONS FACILITIES
Any plant or equipment used to carry wireless commercial
telecommunications services by radio signal or other electromagnetic
waves, including towers, antennas, equipment buildings, parking area
and other accessory development.
TELECOMMUNICATIONS TOWER
A mast pole, monopole, guyed tower, lattice tower, freestanding
tower, or other structure designed and primarily used to support antennas.
A ground- or building-mounted mast greater than 15 feet tall and six
inches in diameter supporting one or more antennas, dishes or arrays
shall be considered a telecommunications tower.
If a telecommunications facility or radio tower
shall cease to be used for a period exceeding one year and a day,
the facility or radio tower shall be deemed abandoned, and the owner
or operator of such facility or tower shall remove it upon the written
request of the City Clerk/Treasurer at no cost to the City and within
90 days of such request.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Every telecommunications facility and radio
tower shall be designed and constructed so as to comply with the requirements
of Ch. SPS 362, Wis. Adm. Code, as amended from time to time. If,
upon inspection, the City Clerk/Treasurer concludes that a facility
or tower fails to comply with such codes in effect at the time of
construction 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 or such time as determined by the City Clerk/Treasurer
to bring such tower into compliance with the applicable codes. Failure
to bring such tower into compliance within 30 days, or such time as
determined by the City Clerk/Treasurer, shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
All new telecommunications facilities and radio towers, except exempt facilities and towers as defined in §
8-9 below, shall be designed to blend into the surrounding environment to the greatest extend feasible. To this end, all the following measures shall be implemented:
A. Telecommunications and radio towers shall be constructed
out of metal or other nonflammable material, unless specifically permitted
by the City to be otherwise.
B. Telecommunications and radio support facilities (i.e.,
equipment rooms, utilities, and equipment enclosures) shall be constructed
out of nonreflective materials (visible exterior services only) to
the greatest extent possible and, where possible, shall be sited below
the ridgeline or designed to minimize their impact.
C. Telecommunications and radio equipment buildings,
shelters and cabinets shall be designed and finished to appear as
nearly as possible like other buildings or facilities found in the
area.
D. The City shall have the authority to require reasonable
special design (materials, architectural features and color) of telecommunications
facilities where findings of particular sensitivity are made (e.g.,
proximity to historic or aesthetically significant structures, views
and/or community features).
E. Telecommunications facilities and towers, and radio
facilities and towers, shall ensure that sufficient anti-climbing
measures have been incorporated into the facility or tower as needed
to reduce the potential for trespass and injury.
F. Equipment buildings shall be located, designed and
screened to reduce the visual impact to the extent feasible considering
the technological requirements of the proposed personal wireless services
and the need to be compatible with neighboring residences and the
character of the community.
G. Antennas shall be designed to blend with their supporting
structure. The color selected shall be one that, in the opinion of
the Planning Committee, will minimize the visibility of the antennas
to the greatest extent feasible.
All new telecommunications facilities and radio towers shall be located so as to minimize their visibility and the number of tower sites. To this end, a good faith effort in achieving co-location shall be required of the requestor and host entity, subject to existing co-location contracts, and all of the following measures shall be implemented for telecommunications facilities in addition to meeting the conditional use standards in §
8-3D of this chapter:
A. No telecommunications or radio tower shall be installed
closer than 1/4 mile to another telecommunications tower, measured
from the base of the telecommunications tower to the base of the proposed
tower, unless it is a tower situated on a multi-tower zoning lot or
credible evidence to a reasonable degree of certainty acceptable to
the Planning Committee is submitted to show both a clear need for
the proposed location of the new tower and that it is not feasible
to co-locate it on an existing site.
B. No telecommunications or radio tower shall be installed
on a zoning lot that is not already developed with a telecommunications
tower unless the applicant demonstrates that no tower in the area
in which the applicant's equipment must be located is of sufficient
height to meet the applicant's requirements and the deficiency in
height cannot be remedied at a reasonable cost; or the existing tower
is not of sufficient strength to support the applicant's equipment
and the deficiency in structural strength cannot be remedied at a
reasonable cost; or the applicant's equipment would cause electromagnetic
interference with equipment on the existing telecommunications tower(s)
within the area in which the applicant's equipment must be located
and the interference, from whatever source, cannot be eliminated at
a reasonable cost; or the fees, costs, or contractual provisions required
by the owner in order to co-locate on an existing communication tower
are unreasonable relative to industry norms; or the applicant demonstrates
that there are other factors that render existing communication towers
unsuitable or unavailable and establishes that the public interest
is best served by the placement or construction of a new telecommunications
tower.
C. No telecommunications or radio tower shall be located
on a lot in a residential or commercial district.
D. Telecommunications and radio towers, guy wires, appurtenant
equipment and buildings shall comply with the yard and setback requirements
of the zoning district in which they are located, and, in addition
thereto, all telecommunications towers and radio towers shall be set
back at least 100 feet from any property devoted to residential use.
The following facilities and towers are exempt
from the operation of this chapter:
A. Amateur radio towers installed, erected, maintained and/or operated in any residential zoning district by a federally licensed amateur radio operator and complying with the provisions of Chapter
21, Zoning, of this Code, so long as all of the following conditions are met:
(1) The antenna involved is accessory to the primary use
of the property which is not a telecommunications facility;
(2) In a residential zone, no more than one support structure
for a licensed amateur radio operator is allowed on the parcel;
(3) Sufficient anti-climbing measures have been incorporated
into the tower as needed to reduce the potential for trespass and
injury; and
(4) All height standards of Chapter
21, Zoning, are complied with.
B. Publicly owned and operated telecommunications facilities
required in the public interest to provide for and maintain a radio
frequency telecommunications system, including digital analog, wireless
or electromagnetic waves, for police, fire and other municipal services.
C. Currently existing antennas or businesses that currently
own antennas.
Any person or entity who or which violates any provision of this chapter or who or which fails to comply with any of its requirements shall, upon conviction, pay a fine or forfeiture as provided in Chapter
1, Article
II, Penalties and Enforcement. Each day any such violation continues shall be considered a separate offense.