[1]
Editor's Note: This article was originally adopted 10-9-2000.
The purpose and intent of this article are 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 New Lisbon
(hereinafter the "City") in regulating local zoning. 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 article are to protect residential areas and
land uses from the potential adverse impacts of towers and antennas;
minimize the total number of towers throughout the community; encourage
the joint use of new and existing tower sites as a primary siting
option rather than construction of additional single-use towers; minimize
the visual impact 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
article 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 article, the following terms shall have the
meanings set forth herein:
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.
The provision of multiple antennas of more than one commercial
wireless communication service provider or government entity on a
single tower or structure.
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.
A cabinet or building used to house equipment used by telecommunications
providers to house equipment at a facility.
A self-supporting structure, erected on the ground, which
consists of metal crossed strips or bars to support antennas and related
equipment.
A monopolar structure erected on the ground to support wireless
communication antennas and connecting appurtenances.
Commercial mobile services, unlicensed wireless services
and common carrier wireless exchange services as now defined in 47
U.S.C. § 332(c)(7)(C), as the same may be amended from time
to time.
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.
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.
A.Â
Registration and application requirements. All personal wireless
services carriers and providers that offer or provide any telecommunications
services for a fee directly to the public, either within the City
or outside the corporate limits from telecommunications facilities
within the City, and all telecommunications tower owners shall register
and provide to the City, pursuant to this article, on forms to be
provided by the City, and shall provide with each conditional use
application the following information:
(1)Â
The identity and legal status of the registrant, including any affiliates.
(2)Â
The name, address and telephone number of the officer, agent or employee
responsible for the accuracy of the registration statement.
(3)Â
A narrative and map description of the registrant's existing telecommunications
facilities within the City, adjacent cities, villages and townships.
(4)Â
Such other information as the City may reasonably require.
B.Â
Purpose of registration. The purpose of registration under this article
is to:
(1)Â
Provide the City with accurate and current information concerning
personal wireless services carriers and providers and telecommunications
tower owners that offer or provide services within the City or that
own or operate telecommunications facilities within the City.
(2)Â
Assist the City in enforcement of this article.
(3)Â
Assist the City in monitoring compliance with local, state and federal
laws.
C.Â
Enforcement. It shall be unlawful for any personal wireless services carrier or provider who offers or provides services within the City, or any telecommunications tower owner who owns or operates telecommunications facilities within the City, to fail to register and provide the information required in Subsection A above within 30 days of such a request by the City.
D.Â
Conditional use application requirements.
(1)Â
In addition to the requirements contained in Subsection A above, the conditional use application shall address the following:
(b)Â
A visual analysis, which may include photo montage, field mockup,
or other techniques, shall be prepared by or on behalf of the applicant
which identities the potential visual impacts and the design capacity
of the proposed facility to the satisfaction of the Plan Commission;
consideration shall be given to views from public areas as well as
from private residences. The analysis shall assess the impacts of
the proposed facility and other existing telecommunications facilities
in the area and shall identify and include all feasible mitigation
measures consistent with the technological requirements of the proposed
personal wireless services. All costs for the visual analysis and
applicable administrative costs shall be borne by the applicant.
E.Â
Minor alterations. Antennas affixed to an existing telecommunications tower or structure, together with the related support facilities and equipment buildings, or the replacement of a previously approved telecommunications tower and related antennas, support facilities and equipment buildings, may be authorized by issuance of a permit as a minor alteration to an existing conditional use or an existing permitted use when approved by the Zoning Administrator or City Administrator, which are compatible with the concept approved by the City Plan Commission and/or the standards in § 520-42 of this chapter. If said minor alteration is not approved, the applicant shall apply to the Plan Commission for said approval in accordance with the conditional use standards contained herein.[1]
F.Â
Inventory and tracking system. The Zoning Administrator shall compile
a list of existing telecommunications facilities within the City's
jurisdiction based upon information provided by personal wireless
services providers and telecommunications tower owners. The Zoning
Administrator shall maintain and update said list on a regular basis.
The list shall also include the location of public facilities that
may be available for co-location.
If a telecommunications facility shall cease to be used for
a period exceeding one year and a day, the owner or operator of said
facility shall remove the facility upon the written request of the
City at no cost to the City within 90 days of said request.
Every telecommunications facility shall be designed and constructed
so as to comply with the requirements of the Wisconsin Administrative
Code, as amended from time to time. If, upon inspection, the City
concludes that a 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 to bring
such tower into compliance with said codes. Failure to bring such
tower into compliance within said 30 days or such time as determined
by the City shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
All new telecommunications facilities, except exempt facilities as defined in § 520-92 below, shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all the following measures shall be implemented:
A.Â
Telecommunications towers shall be constructed out of metal or other
nonflammable material, unless specifically permitted by the City to
be otherwise.
B.Â
Telecommunications support facilities (i.e., equipment rooms, utilities
and equipment enclosures) shall be constructed out of nonreflective
materials (visible exterior surfaces only) to the extent possible
and, where possible, shall be sited below the ridgeline or designed
to minimize their impact.
C.Â
Telecommunications equipment buildings, shelters and cabinets shall
be treated to look like a building or facility typically found in
the area.
D.Â
The City shall have the authority to require reasonable special design
(materials, architectural features and color) of the telecommunications
facilities where findings of particular sensitivity are made (e.g.,
proximity to historic or aesthetically significant structures, views
and/or community features).
E.Â
Telecommunications facilities shall ensure that sufficient anti-climbing
measures have been incorporated into the facility, as needed, to reduce
potential trespass and injury.
F.Â
Equipment buildings shall be located, designed and screened to reduce
visual impacts 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.Â
The antenna shall be designed to blend with its supporting structure.
The color selected shall be one that in the opinion of the Plan Commission
will minimize the visibility of the antenna to the greatest extent
feasible.
All new telecommunications facilities 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 § 520-42 of this chapter:
A.Â
No telecommunications 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 Plan Commission
is submitted showing a clear need for said new tower and the infeasibleness
of co-locating it on an existing site. For the purposes of this requirement,
exempt telecommunications facilities unavailable for co-location shall
not be included in the one-fourth-mile computation.
B.Â
No telecommunications 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 that 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 within the area in which
the applicant's equipment must be located, or the equipment on the
existing telecommunications tower(s) would cause interference with
the applicant's equipment, 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.[1]
C.Â
Telecommunications 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 shall be set back at least 100 feet from
any property devoted to residential use or 200 feet from any residential
building, whichever is less.
A.Â
Unless the applicant is submitting an application to locate or co-locate
upon an existing tower or structure, an analysis shall be prepared
by or on behalf of the applicant, subject to the approval of the Plan
Commission, which identifies all reasonable, technically feasible,
alternative locations and/or facilities which would be usable for
the proposed personal wireless services. The intention of the alternatives
analysis is to present alternative strategies which would minimize
the number, size and adverse environmental impacts, including aesthetics,
of facilities necessary to provide the needed services to the City
and surrounding rural and urban areas. The analysis shall address
the potential for co-location at an existing or a new site and the
potential to locate facilities as close as possible to the intended
service area. It shall also explain the rationale for selection of
the proposed site in view of the relative merits of any of the feasible
alternatives. Approval of the project is subject to the Plan Commission
making a finding that the proposed site results in fewer or less severe
environmental impacts, including aesthetics, than any feasible alternative
site. The City may require independent verification by a qualified
engineer of this analysis at the applicant's expense. Facilities which
are not proposed to be co-located with another telecommunications
facility shall provide a written explanation why the subject facility
is not a candidate for co-location.
B.Â
All new telecommunications towers shall be structurally and electrically designed to accommodate at least three separate antenna arrays, unless credible evidence is presented that said construction is economically and technologically unfeasible or the Plan Commission determines that, for reasons of aesthetics or to comply with the standards of § 520-42, a telecommunications tower of such height to accommodate three antenna arrays is unwarranted. Multi-user telecommunications towers shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights. Parking areas, access roads, and utility easements shall be shared by site users, at fair market rates as determined by customary industry standards, when in the determination of the Plan Commission this will minimize overall visual impact to the community.
The following facilities are exempt from this article:
A.Â
Amateur radio towers installed, erected, maintained and/or operated
in any residential zoning district by a federally licensed amateur
radio operator complying with the provisions contained in this chapter,
so long as all the following conditions are met:
(1)Â
The antenna use involved is accessory to the primary use of the property,
which is not a telecommunications facility.
(2)Â
In a residential zone, no more than one support structure for a licensed
amateur radio operator is allowed on the parcel.
(3)Â
Sufficient anti-climbing measures have been incorporated into the
facility, as needed, to reduce potential for trespass and injury.
B.Â
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.
Any person who violates any provision of this article or fails to comply with any of its requirements shall, upon conviction thereof, shall be subject to a penalty as prescribed in § 1-4 of this Code for each violation and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
