[Amended 10-21-2014 by Ord. No. A-477]
A.
The purpose of this article is to regulate by zoning code the following:
(1)
Class 1 collocation, or the substantial modification, of an existing
support structure and mobile service facility.
(2)
Class 2 collocation of an existing support structure which does not
require the substantial modification of an existing support structure
and mobile support facility.
(3)
The siting and construction of new mobile support facilities, including
support structures.
B.
Avoid damage to adjacent properties from support structure failure
or structure icing.
C.
Encourage the joint use of support structures.
D.
Accommodate the communication needs of the residents and businesses
while protecting the public health, safety and general welfare.
In furtherance of these goals the City of Lodi shall give due
consideration to the Comprehensive Plan, Zoning Map, and existing
land uses and environmentally sensitive areas in approving sites for
the location of support structures and antennas.
As used in this article, the following terms shall have the
meaning indicated:
American National Standard.
Any device or equipment used for the transmission and/or
receiving of electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
An application for a permit under this article to engage
in the siting and construction of a new mobile service support structure
or the substantial modification of an existing structure or a Class
2 collocation.
The lines that connect a provider's support structures/cell
sites to one or more cellular wireless switching offices and/or long-distance
providers or the public switch telephone network.
The placement of a new mobile service facility on an existing
support structure such that the owner of the facility does not need
to construct a freestanding support structure for the facility but
does need to engage in substantial modification.
The placement of a new mobile service facility on an existing
support structure such that the owner of the facility does not need
to construct a freestanding support structure for the facility or
engage in substantial modification.
A Class 1 collocation or a Class 2 collocation.
A network of spatially separated antenna nodes connected
to a common source via a transport medium and that provides mobile
service within a geographic area or structure.
Electronic Industrial Association.
An area surrounding or adjacent to the base of an existing
support structure within which is located mobile communication facilities.
Federal Aviation Administration.
The area over which a mobile support structure is designed
to collapse.
Federal Communications Commission.
The vertical distance measured from the grade to the highest
point on a support structure, including the base pad.
The siting and construction of a new mobile service support
structure and facility that does not exist at the time of application.
Any tower, support structure or antenna for which a building
permit or conditional use permit has been properly issued prior.
A shape drawn on a map to indicate the general area within
which a mobile service support structure should be located to meet
radio frequency engineering requirements taking into account other
factors including topography and demographics of the service area.
The modification of a mobile service support structure, including
the mounting of an antenna on such a support structure, that does
the following:
For structures with an overall height of 200 feet or less, increases
the overall height of the structure by more than 20 feet.
For structures with an overall height of more than 200 feet,
increases the overall height of the support structure by 10% or more.
Measured at the level of the appurtenance added to the structure
as a result of the modification, increases, the width of the support
structure by 20 feet or more, unless a larger area is necessary for
collocation.
Increase the area of an existing equipment compound to a total
area of more than 2,500 square feet.
An existing or new structure that supports or can support
a wireless communication facility, including a mobile service support
structure, utility pole building or other structure.
Telecommunication Industry Association.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996, including FCC-licensed commercial
wireless telecommunications services such as cellular, personal communication
services (PCS), specialized mobile radio (SMR), enhanced specialized
mobile radio (ESMR), global system of mobile communications (GSM),
paging and similar services that currently exist or may be developed.
A.
Amateur radio station operators/receive-only antennas. This article
shall not apply to any support structure, or the installation of any
antenna, that is owned and operated by a federally licensed amateur
radio station operator and is under 60 feet in height or is used exclusively
for receive-only antennas.
A.
All towers and antennas shall comply with all FCC and FAA regulations.
B.
The owner of a support structure shall ensure that it is maintained in compliance with standards contained in applicable state and/or City of Lodi building codes and the applicable standards for support structures that are published by the EIA as amended from time to time. If upon inspection the Building Inspector concludes that a support structure 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 support structure, the owner shall have 30 days to bring the structure into compliance with such standards. Failure to bring such support structure into compliance within said 30 days shall authorize the City to remove the support structure or antenna and restore the site, as provided for under Subsection F below, and the cost of such removal and/or restoration may be assessed against the property on which the support structure is located as a special assessment.
C.
For leased sites, written authorization for siting the wireless communication
facilities from the property owner must be provided.
D.
Collocation/sharing of facilities.
(1)
No new support structure shall be permitted unless the applicant
demonstrates to the reasonable satisfaction of the Common Council
that no existing support structure can accommodate the applicant's
proposed antenna. Supporting evidence may consist of any of the following
conditions:
(a)
No existing support structures are located within the geographic
area required to meet the applicant's engineering requirements.
(b)
Existing support structures are not of sufficient height to
meet the applicant's engineering requirements.
(c)
Existing support structures do not have sufficient structural
strength to support the applicant's proposed antenna and related equipment.
(d)
The applicant's proposed system would cause electromagnetic
interference with the system on the existing support structure, or
the system on the existing support structure would cause interference
with the applicant's proposed system.
(e)
The fees, costs or contractual provisions required by the owner
to share an existing support structure or to adapt an existing support
structure for sharing are unreasonable. Costs are considered reasonable
if they conform to contractual terms standard in the industry or do
not exceed the cost of new support structure development.
(f)
The applicant demonstrates that there are other limiting factors
that render existing support structures unsuitable.
(2)
New support structures shall be designed structurally and electrically
to accommodate the applicant's antenna and comparable antennas for
additional users. Support structures must also be designed to allow
for future rearrangement of antennas on the structure and to accept
antennas mounted at different heights.
(3)
The holder of a permit for a support structure shall allow collocation
for as many additional users as the design and structural strength
of the support structure will allow and shall not make access to the
support structure and site for the additional users economically unfeasible.
If a potential additional user(s) demonstrates (through an independent
arbitrator or other pertinent means) that the holder of a support
structure permit has made access to such structure and site economically
unfeasible, then the support structure permit shall become null and
void.
E.
Design and installation of all support structures and antennas shall
comply with the manufacturer's specifications and with ANS/TIA/EIA
standards. Plans shall be approved and certified by a professional
engineer registered in the State of Wisconsin. Plans may be reviewed
by the City Engineer with the costs to be borne by the applicant.
F.
All unused support structures and antennas must be removed within
12 months of cessation of operation or use, unless a written exemption
is provided by the Zoning Administrator. After the facilities are
removed, the site, within six months after removal is completed, shall
be restored to its original condition or as close as possible, and
anchoring elements shall be removed from the ground to within four
feet of ground level. If such removal and/or restoration is not completed
within the stated times, the City is authorized to complete the removal
and site restoration, and the cost of such removal and/or restoration
may be assessed against the property on which the support structure
is located as a special assessment.
G.
The monopole design is the preferred support structure. Use of guy
or lattice support structures may be permitted with a conditional
use permit on the basis of collocation opportunities or specific structural
requirements.
H.
While the City is authorized to remove a support structure or antenna and/or restore a site under the circumstances set forth in Subsection B or F above, the City shall be under no obligation to do so. In any situation where the City removes a support structure and/or restores a site pursuant to the authority granted to the City hereunder, the owner of the support structure shall be liable to the City for all costs incurred by the City in such removal and/or restoration, and the City may proceed to collect such costs by any legal means, including the imposition of special assessments as authorized above.
A.
Security fencing, lighting and signage.
(1)
All support structures shall be reasonably protected against unauthorized
access. The bottom of the support structure from ground level to 12
feet aboveground shall be designed to prevent unauthorized climbing
and shall be enclosed with a minimum of a six-foot high fence with
a locked gate.
(2)
Security lighting for on-ground facilities and equipment is permitted,
as long as it is shielded to keep the light within the boundaries
of the site.
(3)
Signs shall be mounted on the fenced enclosure, or adjacent to the
gate prohibiting entry without authorization, warning of the danger
from electrical equipment and/or unauthorized climbing of the support
structure and identifying the owner of the support structure and telephone
number for contact in case of emergency.
Equipment storage buildings or cabinets shall comply with all
applicable building and zoning requirements. The equipment cabinet
or structure used in association with an antenna shall be sited in
accordance with the development standards of the zoning district in
which it is located.
A.
New support structure construction and Class 1 Collocation.
(1)
A conditional use or amended conditional use permit is required for
the siting and construction of any new support structure or facility
or the substantial modification of an existing support structure or
facility.
(2)
An application shall be completed by the applicant and be submitted
to the Zoning Administer.
(a)
The Zoning Administrator shall within 10 days determine if the
application is complete and notify the applicant in writing.
(b)
A complete application shall contain the following:
[1]
The name, business address of and the contact individual for
the applicant.
[2]
The location of the proposed or affected facility.
[3]
The location of the proposed support structure.
[4]
If an application is to construct a new mobile service support
structure, a statement why the applicant chose the proposed location
over collocation. This statement is to include a sworn statement from
the individual responsible for the placement of the structure attesting
that the collocation within the applicant's search ring would not
result in the same mobile service functionality, coverage, and capacity,
is technically not feasible, or is economically burdensome to the
provider.
[5]
If the application is to modify an existing support structure,
a construction plan which describes the proposed modifications to
the structure, including the equipment, and network components, including
antennas, transmitters, receivers base stations power supplies cabling
and related equipment.
(3)
If, as part of the application, the applicant provides engineering
certification showing that the support structure is designed to collapse
within an area smaller than the setback required by this article,
then those setbacks do not apply unless the City provides substantial
evidence that the certification is flawed.
(4)
Within 90 days of receipt of a completed application, the City shall
complete the following:
(5)
The fee for a conditional use permit for a Class 1 collocation shall
be set by the Common Council by resolution not to exceed $3,000 including
review costs.
B.
Class 2 collocation.
(1)
An application shall be completed by the applicant and be submitted
to the Zoning Administrator.
(a)
The Zoning Administrator shall within five days determine if
the application is complete and notify the applicant, in writing,
via mail or e-mail.
(2)
Within 45 days of receipt of a completed application, the City shall
complete the following:
(3)
The fee for a permit for a Class 2 collocation shall be set by the
Common Council by resolution not to exceed $500 including review costs.
All other provisions of the Code of the City of Lodi, including
but not limited to the other provisions of this chapter, shall apply
to wireless communication facilities, except where any of such provisions
are in conflict with the provisions of this article. The provisions
of this article shall control over any other provisions of the ordinances
of the City of Lodi which are in conflict therewith.
