The County has the specific authority under §§ 59.69 and 66.0404, Wis. Stats., to enact and enforce this chapter. Specifically, under the zoning authority authorized in § 59.69, Wis. Stats., this chapter shall be effective in all towns under the jurisdiction of the Adams County Comprehensive Zoning Ordinance, including both the Shoreland Protection and Floodplain Overlay Districts contained therein. The shoreland protection and floodplain regulations are further defined respectively in Chapter
396, Shoreland, Wetland and Habitat Protection, and Chapter
370, Floodplain Zoning, of this Code.
This chapter shall be known as, referred to, and cited as the
"Mobile Service Facilities and Support Structures Ordinance, Adams
County, Wisconsin" and is hereinafter referred to as "this chapter."
The purpose of this chapter is to regulate by zoning permit:
A. The siting
and construction of any new mobile service support structure and facilities;
B. With regard
to a Class 1 collocation, the substantial modification of an existing
support structure and mobile service facilities; and
C. With regard
to a Class 2 collocation, collocation on an existing support structure
which does not require the substantial modification of an existing
support structure and mobile service facilities.
The intent is to accommodate the communication needs of residents
and businesses while protecting health, safety, and welfare, to minimize
adverse visual effects of wireless facilities through careful design
and siting standards, to avoid potential hazards or damage to adjacent
properties from tower failure through structural standards and setback
requirements, to maximize the use of existing and approved towers
and structures for new wireless communications antennas, and to reduce
the number of towers needed to serve the area.
It is not intended by this chapter to repeal, abrogate, annul,
impair, or interfere with any existing easements, covenants, deed
restrictions, agreements, ordinances, rules, regulations, or permits
previously adopted or issued pursuant to law. However, wherever this
chapter imposes greater restrictions, the provisions of this chapter
shall govern.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the County and shall not be construed a limitation
or repeal of any other power granted by the Wisconsin Statutes.
A. It is intended that the County shall apply these regulations to accomplish
to the greatest degree possible the following:
(1) Maintain and ensure that a nondiscriminatory, competitive and broad
range of mobile services and high-quality mobile service infrastructure
consistent with the Federal Telecommunications Act of 1996 are provided
to serve the community, as well as serve as an important and effective
part of Adams County's police, fire, and emergency response network.
(2) Provide a process of obtaining necessary permits for mobile service
facilities and support structures while at the same time protecting
the legitimate interests of Adams County citizens.
(3) Encourage the use of alternative support structures, collocation
of new antennas on existing support structures, camouflaged mobile
service support structures, and construction of support structures
with the ability to locate three or more providers.
B. Furthermore, this chapter is not intended to regulate residential
satellite dishes or residential television antennas that are used
privately. Additionally, it is not intended to regulate satellite
dishes/antennas whose regulation is prohibited by § 59.69(4d),
Wis. Stats., or its successor sections, or as permitted by federal
law.