Fuel pumps and fuel tanks used for or intended for use as dispensing
equipment for motor vehicle fuel are prohibited in the R-1, R-2 and
R-3 zoning districts. In other districts any such equipment shall
be located according to Ch. ATCP 93, Wis. Adm. Code.
[Amended 11-17-2014 by Ord. No. 2014-05]
A. Ground-mounted and building-mounted dish antennas are permitted as
accessory uses provided that all applicable requirements of this section
are met.
B. Dish antennas shall be constructed and anchored in such a manner
to withstand winds of not less than 80 miles per hour and such installations
shall be constructed of noncombustible and corrosive-resistant materials.
C. Dish antennas shall be filtered and/or shielded so as to prevent
the emission or reflection of electromagnetic radiation that would
cause any harmful interference with the radio and/or television broadcasting
or reception on adjacent properties. In the event that harmful interference
is caused subsequent to its installation, the owner of the dish antenna
shall promptly take steps to eliminate the harmful interference in
accordance with Federal Communications Commission regulations.
D. Building-mounted dish antennas shall not extend beyond the existing
roof perimeter. Building-mounted dish antennas shall not exceed the
maximum height regulations of the zoning district in which they are
located.
E. Ground-mounted dish antennas shall meet all setback, height and yard
requirements for accessory structures in the district in which they
are located and are permitted in the rear yard only in residential
districts, provided that they shall be no closer than five feet to
the principal structure and any rear lot line, nor occupy more than
20% of the rear yard area. Ground-mounted dish antennas are permitted
in the side and rear yards in commercial, industrial and public/institutional
zoning districts provided that they shall be no closer than five feet
to the principal structure, shall not occupy more than 50% of a side
yard nor 75% of a rear yard area, and shall be no closer than three
feet to any side or rear lot line nor five feet to any alley line.
F. The installation of a dish antenna exceeding four feet in height
and three feet in diameter shall require a building permit. The property
owner shall submit, to the Building Inspector, plans which indicate
the appearance, proposed location and installation method of the dish
antenna. Dish antennas shall be located and screened to minimize their
visual impact on surrounding properties. If a property owner in a
residential zoning district proposes a building-mounted antenna location
in which the antenna would be visible from the front lot line, that
property owner must demonstrate that reception would not be possible
for a less conspicuous location. The property owner in a residential
zoning district who proposes a building-mounted antenna must also
submit a plan for screening the antenna from surrounding properties
whenever such screening can be accomplished in a manner that is appropriate
to the architecture of the building. The Building Inspector shall
refer to the Plan Commission any plans which do not clearly meet the
requirements of this section.
G. All dish antennas, and the construction and installation thereof,
shall conform to applicable City building code regulations and requirements.
Prior to the issuance of a building permit for a building-mounted
earth station dish antenna, the applicant shall submit a plan or document
prepared by the registered professional engineer which certifies that
the proposed dish antenna installation is structurally sound.
H. Any earth station dish antenna existing on the date of adoption of
this chapter which does not conform to these regulations shall be
brought into conformance within one year of the date of adoption of
this chapter.
[Added 6-21-2010 by Ord. No. 2010-03]
Wireless telecommunication towers and antennas may be installed,
erected and maintained pursuant to the provisions of this section.
A. Purpose and intent. The purpose of this section is to:
(1) Ensure the provision of personal wireless service within the corporate
boundaries of, and for the benefit of, the residents of the City of
Lancaster.
(2) Protect the public health, safety, and general welfare of the community,
public and private property, and community aesthetics.
(3) Minimize the visual impact of towers, antennas, and associated buildings
through design and siting standards.
(4) Maximize the use of existing and approved towers and buildings to
accommodate multiple antennas in order to reduce the number of towers
needed to serve the community.
(5) Avoid damage to adjacent properties from tower failure through structural
standards and setback requirements.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ACCESSORY EQUIPMENT STRUCTURE
A building or cabinet-like structure located adjacent to
or in immediate vicinity of a wireless telecommunications tower or
antenna to house equipment customarily incidental to the receiving
or transmitting of wireless broadcasts, cellular telephone calls,
voice messaging and paging services.
ANTENNA
Equipment used for transmitting or receiving radio frequency
signals which is attached to a tower, building or other structure,
usually consisting of a series of directional panels, microwave or
satellite dishes, or omnidirectional "whip" antennas.
ANTENNA SUPPORT STRUCTURE
Any building, pole, telescoping mast, tower, tripod or any
other structure which supports an antenna.
CO-LOCATION
The location of wireless telecommunications equipment from
more than one provider on a common tower, building or structure.
TOWER
Any pole, spire, structure, or combination thereof to which
an antenna could be attached, or which is designed for an antenna
to be attached, and all supporting lines, cables, wires and braces.
C. Existing towers or antennas. Antennas, towers and accessory structures for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, are, after the effective date hereof, declared to be nonconforming uses subject to the provisions of Article
X of this chapter.
[Amended 11-17-2014 by Ord. No. 2014-05]
D. Interpretation and applicability.
(1) This section shall be interpreted consistent with the provisions
of the Federal Communications Act of 1934 as amended by the Telecommunications
Act of 1996.
(2) This section shall apply to all persons, partnerships, corporations
and other entities seeking to locate, site, place, modify or construct
wireless telecommunications facilities within the corporate boundaries
of the City.
(3) This section reserves to the City all authority contained in state
law and existing City ordinances regarding land use, zoning and regulation
which has not been preempted by the federal government pursuant to
Section 704 of the Telecommunications Act of 1996 as to the placement,
construction, and modification of personal wireless service facilities.
(4) This section does not apply to the use or location of private, residential
citizen band radio towers, amateur radio towers or television antenna,
or public safety communication facilities owned or operated by the
City of Lancaster.
E. Permitted use and height limitations. Wireless telecommunications
antennas shall be allowed as a permitted use in all zoning districts
if located or attached as follows:
(1) Water towers. Wireless telecommunication antennas shall be permitted upon City-owned water towers provided the applicant complies with all siting and performance standards set forth in Subsections
F and
G below, the applicant enters into a lease agreement with the City, the applicant obtains a building permit and pays all applicable fees.
(2) Co-location on existing towers. Wireless telecommunication antennas shall be permitted to be attached to existing, conforming telecommunications towers provided said attachment complies with applicable siting guidelines and performance standards in Subsections
F and
G below, the applicant has obtained approval from the owner of the tower and has obtained an appropriated building permit and has paid all fees.
F. Co-location requirements. No proposal for the construction of a new
wireless telecommunications tower shall be approved unless the applicant
documents to the satisfaction of the Common Council that the antenna
planned for the proposed tower cannot reasonably be accommodated on
a City-owned water tower or on an existing, conforming co-location
tower due to one or more of the following:
(1) The antenna would exceed the structural capacity of the existing
or approved tower or building.
(2) The antenna would cause interference with other existing or planned
equipment at the tower or building.
(3) Existing or approved towers and buildings cannot reasonably accommodate
the antenna at a height necessary for the proposed antenna to provide
services to the residents and businesses of the City.
(4) Existing or approved towers and commercial buildings are outside
of the documented search area.
(5) The owners or lessors of the existing or approved towers and buildings
are unwilling to allow co-location upon their facilities.
G. Performance standards. The requirements of this section apply to
all wireless telecommunications towers and antennas erected, constructed,
placed, modified or replaced in the City of Lancaster. All wireless
telecommunications towers and antennas shall be designed and situated
to be visually unobtrusive and to minimize the impact upon neighboring
uses and shall conform to the following design and siting criteria:
(1) Setbacks. All new telecommunications towers shall not be located
within one mile of an existing telecommunications tower nor upon a
lot in any residential zoning district which is less than two acres.
Further, 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, a telecommunications tower
of such height to accommodate three antenna arrays is unwarranted.
Multiuser 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.
(2) Additional setbacks. The minimum setback from any property line or
public right-of-way for a wireless telecommunications tower shall
be equal to 200% of the height of the tower. Setbacks for accessory
building and equipment structures associated with wireless telecommunication
towers and antennas shall comply with the zoning district in which
the facility is located.
(3) Accessory equipment structures. All accessory equipment structures
adjacent to an antenna system and/or tower shall be screened or architecturally
designed to blend in with the surrounding environment and shall meet
the minimum setback requirements of the applicable zoning district.
(4) Fencing. When deemed applicable by the City, appropriate safety fencing
shall be incorporated within the site accommodating the tower and
its accessory equipment structures.
(5) Landscaping and screening. When deemed applicable by the City, proper
landscaping and screening shall be incorporated into the site accommodating
a tower and its accessory equipment structures.
(6) Color. The wireless telecommunication tower and antennas shall be
of a neutral color such as light gray or sky blue except as dictated
by the Federal Aviation Administration (FAA) and be designed to minimize
visibility and to blend into the surrounding environment. Towers with
antennas shall be designed to withstand applicable wind load requirements
as prescribed in the Uniform Building Code. Towers and/or antenna
systems shall be constructed of, or treated with, corrosive-resistant
material. A regular maintenance schedule shall be followed.
(7) Lights. No antenna or tower shall have affixed or attached to it
in any way any lights, reflectors, flashers, daytime strobes, or steady
nighttime light or other illuminating devices except as may be required
by the FAA.
(8) Signs and advertising. No signs and/or advertising message shall
be affixed to the antenna or tower structure.
(9) Other attachments. No antenna or tower shall have constructed thereon,
or attached thereto, any platform, catwalk, crow's nest, or like structure
for the purpose of human support except during periods of construction
and repair.
H. Obsolete or unused towers. All obsolete, damaged, unused, or abandoned
towers and accompanying accessory facilities shall be removed with
12 months of the cessation of operations unless a time extension is
approved by the Lancaster Common Council. If the tower is not removed,
it may be deemed a nuisance pursuant to Wisconsin Statutes. In the
event a tower is determined to be a nuisance, the City may act to
abate such nuisance and require the removal of the tower at the property
owner's expense. The owner shall provide the City with a copy of the
notice of the Federal Communication Commission's (FCC) intent to cease
operations and shall be given 12 months from the date of ceasing operations
to remove the obsolete tower and all accessory structures. In the
case of multiple operators sharing the use of a single tower, this
provision shall not become effective until all users cease operations
for a period of 12 consecutive months. The equipment on the ground
is not to be removed until the tower structure has first been dismantled.
After the facilities are removed, the site shall be restored to its
original or to an improved state.
I. Procedural requirements. Applicants proposing to erect wireless telecommunication towers or antennas shall follow procedures as set forth in §
455-79 of this chapter. Additional application materials shall include the following:
(1) A document from the property owner or lessor that allows the applicant
to apply for a conditional use permit and building permit to erect
a wireless telecommunications tower and/or antenna.
(2) A "scaled" site plan which shows property lines, location of wireless
telecommunication tower or antenna, setback distances, any accessory
equipment structure, fencing and landscaping proposed.
(3) An artist's or architect's sketch, concept or rendition of the site
as built which demonstrates to the satisfaction of the Common Council
that the proposed site will be as aesthetically in keeping with its
surroundings as possible, including elevations, landscaping, screening,
appropriate camouflage and fencing.
(4) Sufficient information to show that construction, installation and
maintenance of the wireless telecommunication tower and/or antenna
will not create a safety hazard or damage to the property of other
persons.
J. Building permits. No person shall place, construct, or modify a wireless
telecommunication tower or antenna without first having obtained a
building permit. All towers and antennas are subject to plan review
and inspection by the City to determine compliance with Uniform Building
Code construction standards. No building permit shall be issued by
the City without prior approval of a conditional use permit (CUP)
by the Plan Commission. The applicant shall provide to the City all
information as required by this chapter and other applicable ordinances
of the City at the time of application for a building permit. In addition
to any other requirements of this section or any other section of
this Code, the building permit application shall include the following:
(1) A report and plan from a qualified and registered engineer or firm
that specifies the following:
(a)
The tower height and design including cross-section and elevation.
(b)
The height above grade for all potential mounting positions
for co-location antennas and the minimum separation distances between
antennas.
(c)
Structural mounting designs and materials list.
(d)
The capacity of the tower, including the number and type of
antennas that the tower can accommodate.
(e)
As applicable, an engineer's stamp and number.
(2) Structural and electrical plans showing how the proposed tower will
accommodate the co-location of the applicant's antenna and comparable
antennas of additional users and the plans and specifications whereby
the proposed tower is designed to allow for future rearrangement of
antennas to accommodate additional users and the mounting of additional
antennas at varying heights.
(3) Plans and specifications showing how the proposed facility will be
maintained in keeping with uniform building codes adopted by the City.
K. Inspection. The City may, at any time, inspect any telecommunications
tower, antenna or other facility to ensure its structural integrity.
If, upon such inspection, the City's duly designated inspector determines
that the facility fails to comply with such applicable codes and that
such failure constitutes a danger to person or property, then, upon
notice being provided to the owner of the facility, the owner shall
have 30 days to bring the facility into compliance with the applicable
codes and standards. Failure to bring the facility into compliance
within said 30 days shall constitute cause for the removal of the
facility at the owner's expense.
L. Noninterference. All new or existing telecommunications services
shall comply with all relevant Federal Communication Commission (FCC)
and Federal Aviation Administration (FAA) standards and shall not
interfere with public safety and other City and private telecommunications
operations.
M. Insurance. The applicant shall provide the City with proof of liability
insurance which protects against losses due to personal injury or
property damage resulting from the construction, operation or collapse
of the tower, antennas or accessory equipment.
N. Enforcement. The provisions of this section shall be enforced and
penalties imposed for violations hereof as set forth herein and in
the City's Code.