City of Onalaska, WI Use-Specific Standards

[1]

Editor's Note: Former Subsection F, School, college/university/trade/business, was repealed 9-13-2022 by Ord. No. 1745-2022. This ordinance also redesignated former Subsection G as Subsection F.

Accessory dwelling units.

Accessory dwelling units shall only be allowed as a new, freestanding structure; as a conversion of an existing, detached garage; or as an addition to an existing detached garage.

Only one accessory dwelling unit is allowed in R-1, R-2 and MU-N Districts.

The accessory structure containing the accessory dwelling unit shall have a six-foot side yard setback and meet all other required setbacks for an accessory structure. An existing accessory structure may not be converted into an accessory dwelling unit if required setbacks are not met.

The accessory dwelling unit must be at least 300 square feet in size and no more than 800 square feet in size.

Off-street parking spaces must be available for use by the owner-occupant(s) and tenant(s) with at least two spaces available for the principal residence and one space available for the accessory dwelling unit.

Any outside entrance serving the accessory dwelling unit shall be located on the side or rear of the accessory structure, if new.

Water and sewer for the accessory dwelling unit shall be connected to the principal residence.

An owner of the property must occupy either the principal dwelling unit or the accessory dwelling unit unless there is a bona fide temporary absence approved by the Planning Department.

Prior to the issuance of a permit for the construction of the accessory dwelling unit, the owner(s) shall file a deed restriction with the Office of the La Crosse County Register of Deeds stating that the independent sale of the accessory dwelling unit is not allowed.

Accessory structures.

[Amended 1-11-2022 by Ord. No. 1720-2022]

An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction on the same parcel. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.

Accessory structures greater than 25 square feet and privacy screens require a building permit.

Retaining walls are allowed as follows:

No individual retaining wall shall exceed six feet in height and is required to provide a terrace of at least three feet in width between any series of such walls.

Retaining walls are allowed to be installed on side and rear property lines that are not adjacent to rights-of-way.

Retaining walls must be set back a minimum of three feet from street rights-of-way.

Privacy screens are allowed as follows:

Privacy screens are allowed up to eight feet in height.

Privacy screens are allowed up to 20 feet in overall length.

Privacy screens shall adhere to setback locations for accessory structures in residential districts as set forth in Subsection B.6 below.

Privacy screen building materials and design shall be approved by the Zoning Administrator prior to construction. Acceptable building materials include, but are not limited to, lattice, masonry, treated wood, plastics, ironwork or equivalent material.

Lawn accessories such as walks, drives, paved terraces and purely decorative garden accessories, including ponds, fountains, statuary, sundials, and flagpoles, shall be permitted in all setback areas, but not closer than three feet to an abutting property line.

Residential districts.

Accessory structures shall not involve the conduct of any business, trade or industry except for allowed home occupations as defined herein. Accessory structures shall not be used for residential purposes.

Decks constructed in a manner where the principal structure provides structural support (is load bearing) are considered "attached" and part of the principal structure. In these instances, setbacks for the principal structure apply to attached decks. Decks constructed in a manner where they support themselves but abut a principal structure are considered detached accessory structures.

Accessory structures shall be set back a minimum of 10 feet from a principal structure unless one of the following applies:

The applicable building code regulations in regard to fire-resistive construction are complied with allowing a minimum four-foot setback.

ii.

The accessory structure is located in a mobile home park. The minimum separation required for mobile home parks is four feet between any principal structure, accessory structure, and deck on the same lot.

Accessory structures shall not occupy any portion of the street yard and/or required side yard setback.

In no event can the accessory structure be forward of the front line of the principal structure.

Accessory structures shall not exceed 20 feet in height.

Accessory structures shall not occupy more than 25% of the rear yard.

Accessory structures shall not be located within three feet of any other accessory structure or parcel line, or within five feet of an alley right-of-way line.

When an accessory structure is located on the rear of a reversed corner parcel, it shall not be located beyond the minimum front yard setback required on the adjacent interior parcel, or closer than three feet to the side parcel line of the adjacent structure.

Nonresidential districts.

Accessory structures in a nonresidential district may be established in the rear yard or side yard setback area.

Accessory structures shall be set back from a principal structure as based on the construction type and classification as required in the International Building Code (Table 602).

Accessory structures shall be set back a minimum of 10 feet from all parcel lines.

Accessory structures shall not exceed 30 feet in height.

In no event can an accessory structure be forward of the front line of a principal structure.

Agriculture: keeping of bees.

All properties which include agriculture—keeping of bees as an accessory use shall comply with Section 7.04.12.

Agriculture: keeping of chickens.

All properties which include agriculture—keeping of chickens as an accessory use shall comply with Section 7.04.13.

Billboard or outdoor advertising.

All properties which include billboards or outdoor advertising must comply with the regulations of Title 14, Sign Code.

Central utility plant or electrical generator.

The central utility plant or electrical generator must be screened in accordance with Chapter 03, Division 5.

Noise from the central utility plant or electrical generator must meet standards in Section 13.03.12.A and state requirements.

Child-care center, licensed family.

Must comply with all state and local standards.

No person, other than members of the family residing on the premises, shall be engaged or employed. This shall not apply to a substitute nonresident person providing care on the premises while the owner/operator is sick or otherwise unable to provide care on a short-term basis.

The use of any accessory building or accessory structure for a day care is not allowed.

Play equipment, swings, sand boxes, or structures shall not be located in front yards or required side yards adjacent to streets.

If required to have an outdoor play area, such play area shall be fully enclosed by a fence, wall, or hedge of at least four feet in height.

Drive-through facilities.

[Amended 3-8-2022 by Ord. No. 1724-2022]

Drive-through facilities may be allowed as an accessory use to a specialty food or coffee shop, restaurant, financial institutions, and commercial establishments, and other similar type uses as approved by the Planning Department.

Drive-through facilities are limited to one drive-through lane in the B-1 and MU-N Districts.

Drive-throughs must not be operated between the hours of 10:00 p.m. and 6:00 a.m. if within 300 feet of properties used for residential purposes.

A drive-through canopy must meet principal structure setbacks.

All elements of the drive-through service area, including but not limited to menu boards, order stations, teller windows, and vehicle lights from stacking lanes, must be screened from view of residences through one of the following:

Opaque fence at least six feet high;

Landscaped berm at least six feet high; or

Two staggered rows of evergreen trees with trees in each row spaced a maximum of 12 feet.

In addition to meeting the noise regulations included in Title 11, if within 300 feet of residential properties, speakers must not produce noise that exceeds 75 dBa as measured five feet from the speaker.

Vehicle stacking spaces for drive-through facilities shall be provided according to the following provisions:

Stacking spaces shall be a minimum of 10 feet by 20 feet in size. Required width for vehicle drive aisles may not be allocated toward stacking spaces or stacking lanes.

Measurement of stacking spaces shall begin behind the first point at which the vehicle must stop (which may be the order board, a pre-order board or payment/pickup window).

Stacking spaces shall be separated from other internal driveways by surface markings. Raised medians may be required where deemed necessary by staff for the purpose of traffic movement and safety.

Stacking spaces may not impede pedestrian movements, on- or off-site traffic movements, or movements in or out of off-street parking spaces.

A minimum stacking lane of six spaces or 120 feet must be provided.

Farmstead dwelling.

Farmstead dwellings for those resident owners and laborers actually engaged in the permitted uses are accessory uses and shall comply with all of the site dimensional standards of the R-2 Low-Medium Residential District.

Helipad or helistop.

Helipads or helistops are only allowed in conjunction with medical facilities.

There shall be a minimum distance from a heliport or helistop to any residential use of at least 500 feet, or the minimum required by federal or state agencies, whichever is greater.

The location and lighting of helipads or helistops in the vicinity of public roadways shall be shielded or screened so as to minimize distractions to motorists.

The landing pad shall be clearly designated as emergency only.

The direction of routes for takeoffs and landings shall minimize flight over adjacent residential areas.

Home occupation. A business, business activity, profession, occupation, or trade activity that is conducted by one (1) or more occupants of a dwelling, as an accessory use to the residential use of the dwelling, for economic gain. Permitted principal uses according to Table 13.02.22-1 in the Mixed-Use Neighborhood (MU-N) District in the Retail Sales or Services category are allowed as home occupations unless prohibited below.

[Amended 6-14-2022 by Ord. No. 1734-2022; 4-9-2024 by Ord. No. 1782-2024]

The following activities shall be prohibited from being a home occupation:

Contractor shop;

Medical/dental office/clinics or similar;

On-site sale, resale, repair of automobiles, trucks, boats, trailers, or other motorized vehicles, repair or paint shops for motor vehicles, including motorcycles, all-terrain vehicles, recreational vehicles, farm or lawn implements or other small motors;

Animal kennels/boarding/day-cares in excess of what is allowed per Sec. 7.04.11.D.;

Dog breeding as defined by ATCP 16, Wis. Adm. Code;

Funeral, chapel or interment services;

Dispatch where persons come to a site and are dispatched to other locations;

Welding or machine shop;

Firearm-related training, instruction or similar establishment;

Anyone meeting the definition of firearms dealer under § 175.35 Subsection 1(ar), Wis. Stats., or an occupation involving the repetitive purchase and resale, exchange, production, refinement, packaging or handling of a dangerous weapon as defined under Section 11.02.13 or hazardous materials as defined under Section 5.03.13.B by any person. This prohibition shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of a personal collection;

Business that rents vehicles or equipment, such as trailers;

Tow truck;

Manufacture, storage, sale of alcohol, controlled substances, nicotine or tobacco products and drug paraphernalia;

Excavating;

Large volume sales, wholesaling, manufacturing, storage and warehousing; and

Any occupation which creates loud or obnoxious noise or odors or unreasonable glare of illumination.

Minor Home Occupation. A home occupation that includes, but is not limited to, all activities commonly described as "knowledge work" as well as all other paid endeavors that leverage consumer-grade information and communication technology to sell products or deliver services. Such home occupation is permitted as long as the following standards are met:

The home occupation is conducted entirely within the enclosed portion of the residence and does not exceed twenty-five percent (25%) of the area of any one (1) floor or a detached accessory structure. The home occupation may occupy as much of a detached accessory structure as is not needed to meet off-street parking requirements.

The entrance to the space devoted to the home occupation is within the residence. There shall be no exterior evidence of the home occupation and no alterations, whether interior or exterior, shall change the character of the structure as a dwelling unit. This includes that no mechanical equipment or machinery shall be used for the home occupation other than is usually, customary, and incidental to the residence for domestic or hobby purposes.

The home occupation shall not have on-site outside employees. The home occupation shall not have more than one (1) customer at a time and no customers shall be allowed between the hours of 8:00 p.m. and 8:00 a.m.

No mechanical equipment/machinery shall be used other than is usual, customary, and incidental to the residence for domestic purposes. There shall be no activity or equipment used to create vibrations, glares, fumes, odors, electric or television interferences or noise in violation of the City's noise ordinances which is measureable at the property line.

There shall be no outside display or storage of goods, equipment or materials used in connection with the home occupation.

Except for articles produced on the premises, no stock in trade shall be stored or displayed on the premises.

Garage, basement, yard or other similar sales related to the home occupation are not allowed.

Signage shall be in compliance with regulations found in Title 14, Sign Code.

The property containing the home occupation shall maintain the required number of legal off-street parking spaces required for the residential use(s) and the home occupation use(s).

There shall be no commodities sold or services rendered that require receipt or delivery by means other than a delivery service customary to residential uses.

Major Home Occupation. A home occupation that includes, but is not limited to, one-on-one in-person professional and personal services and craft production or low-volume sales of small goods, such as artwork, clothing, personal accessories, decor, or baked goods. Such major home occupation is permitted as long as a home occupation license is obtained and the following standards are met:

The home occupation is conducted entirely within the enclosed portion of the residence or a detached accessory structure. The home occupation does not exceed twenty-five percent (25%) of the area of any floor within the principal structure. The home occupation may occupy as much of a detached accessory structure as is not needed to meet off-street parking requirements.

There shall be no exterior evidence of the home occupation and no alterations, whether interior or exterior, shall change the character of the structure as a dwelling unit. This includes that no mechanical equipment or machinery shall be used for the home occupation other than is usually, customary, and incidental to the residence for domestic or hobby purposes.

The home occupation may have one (1) on-site employee or contractor that is not an inhabitant of the dwelling. The home occupation shall not have more than two (2) customers at a time by appointment and no customers shall be allowed between the hours of 8:00 p.m. and 8:00 a.m.

There shall be no outside display or storage of goods, equipment or materials used in connection with the home occupation.

Except for articles produced on the premises, no stock in trade shall be stored or displayed on the premises.

Hobby, craft or art sales are permitted three (3) times per year for not more than three (3) calendar days per calendar year.

Signage shall be in compliance with regulations found in Title 14, Sign Code.

In addition to the minimum off-street parking required for the dwelling, two (2) off-street parking spaces must be provided for customers and one (1) off-street parking space must be provided for each on-site employee or contractor that is not an inhabitant of the dwelling.

There shall be no commodities sold or services rendered that require receipt or delivery by means other than a delivery service customary to residential uses.

Outdoor dining area.

The outdoor dining area shall be contiguous to the food or beverage service principal use to which it is accessory.

The outdoor dining area must not extend beyond the frontage of the principal use, unless a written statement, signed by the owners and tenants of any adjacent business fronting the street, indicates approval of the placement of the outdoor dining area in front of their business.

Outdoor dining may be permitted within any setback area on private property and on public right-of-way with the approval of the Board of Public Works and Common Council.

The outdoor dining area shall be clearly delineated by fences, walls, or plant materials that have a height of less than 42 inches.

None of the minimum number of off-street parking stalls required for the principal use shall be occupied by the outdoor dining area.

When an outdoor dining area is located adjacent to a street, a clear, continuous pedestrian path, parallel to the curb and not less than five feet in width, shall be required for pedestrian circulation outside of the outdoor dining area.

The outdoor dining area shall not include nor be located within five feet of bus stops, fire hydrants, or other facilities deemed necessary for public safety.

Operating hours for the outdoor dining area shall be consistent with the hours of the associated business. Outdoor dining areas within 300 feet of a residential zoning district shall not be operated between the hours of 10:00 p.m. and 7:00 a.m.

All food and drink preparation shall be performed within the principal use. No preparation or storage of food or drink shall be permitted within the outdoor dining area.

10.

All equipment associated with the outdoor dining area that is stored outdoors when not in use shall be neatly stacked in an area approved by the Planning Department on a site plan.

11.

Prerecorded music within the outdoor dining area shall only be permitted during the hours of operation of the outdoor dining area and shall be kept at a volume that does not create a nuisance for adjacent properties. There shall be no televisions within the outdoor dining area. Live music is not allowed unless otherwise approved under a special event permit.

12.

Adequate lighting in and around the outdoor dining area shall be provided at all times. Lighting fixtures shall be limited to fixtures attached to the building facade or upon private property. Battery-operated lamps or candles placed on tables are permitted.

Outdoor sales area or tent.

Prior to installation, the applicant shall obtain a temporary tent permit for outdoor sales and/or events from the Inspection Department if the temporary tent is greater than 120 square feet. The applicant must abide by Wisconsin State Statutes concerning temporary structures as stated in the International Building Code.

Location(s) of outdoor sales areas and tents must be shown on a site plan for the property and are subject to the approval of the City. Outdoor sales areas and temporary tents and are not allowed in City rights-of-way. Outdoor sales areas and temporary tents shall not impede handicap parking stalls and shall be located a minimum of 10 feet from a principal structure.

Outdoor sales areas and tents are limited to 30 days per calendar year unless otherwise approved by the Planning Department. Temporary tent(s) may be installed for a maximum of 180 days annually; however, tent sale events that last longer than 30 days require Planning Department approval. Seasonal garden centers are allowed for a maximum of 120 days annually.

Outdoor sales areas and tents shall be limited to the goods sold at the principal use present on the site, except as regulated below:

Temporary tents for off-premises sales (sales event by an external party). Tent(s) are allowed for up to 30 days. Plan Commission approval is required for tent(s) to be installed up to for a maximum of 90 days annually. The external party is required to have property owner consent to operate, to disclose materials being stored and sold during the event, maintain liability insurance for the duration of the temporary sale in the amount of $1,000,000, and obtain a solicitor's license from the City Clerk prior to the event.

Temporary produce tents/stands. The owner/operator of the temporary produce tent/stands is required to have a La Crosse County Health Department Permit, property owner consent to operate and all equipment shall be removed from the property nightly. Temporary produce tents/stands are limited to fewer than 30 days annually.

Temporary tents for events held on nonresidential parcels.

Private events. Private events are defined as "invitation only" events and not open to the general public. A temporary tent permit for outdoor sales or events is required.

Community events. If a temporary tent for a community event is installed for up to 96 hours, a temporary tent permit for outdoor sales or events is required, but the fee shall be waived. If such tent(s) are up for longer than 96 hours, the fee is required. No tent may be allowed in City rights-of-way unless approved by the City Engineer.

Outdoor sales areas and tents shall not include portable toilets.

Outdoor display areas.

Outdoor display areas may not be located within required setback areas and are limited to the lesser of 150 square feet or a maximum of 25% of the width of a building frontage that contains a customer entrance or exit. There shall be no more than one building frontage with an outdoor display area.

Outdoor display areas are to be located immediately adjacent to and within the dimensions of the building frontage and shall not extend beyond the building edge.

Outdoor display shall not be located so as to block pedestrian walkways, doorways, parking stalls, drive aisles (including access for emergency services). Four feet is the minimum width required to maintain pedestrian access.

Outdoor display areas shall not exceed a height of five feet, except that vending machines or cabinets for items such as beverages, ice, movies, and propane may exceed the height as long as there are no more than three machines per frontage.

Outdoor display areas shall be maintained in an orderly and attractive manner.

Outdoor display areas shall be limited to products sold within the principal structure and shall not serve as a storage area for inventory.

Residential swimming pools.

Permit required. Before work is commenced on the construction or erection of a swimming pool or on any alterations, additions, remodeling or other improvements; an application for a building permit, electrical permit, and/or a gas piping permit to construct, erect, alter, remodel or add must be submitted in writing to the Inspection Department. Plans and specifications and pertinent explanatory data shall be submitted to the Inspection Department at the time of application and no work shall commence until a permit has been issued by the Inspection Department.

Types of pools requiring permits. Permits shall be required for the construction of the following types of swimming pools:

In-ground pools, whether indoor or outdoor.

Aboveground pools, except for storable swimming or wading pools having a diameter of 18 feet or less and a wall height of four feet or less and installed for less than 180 days in a calendar year.

Construction requirements. In addition to such other requirements as may be reasonably imposed by the Inspection Department, the Inspection Department shall not issue a permit for construction, unless the following construction requirements are observed:

All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accordance with all state regulations and code and with any and all ordinances of the City now in effect or hereafter enacted.

All plumbing work shall be in accordance with all applicable ordinances of the City and all state codes. Every swimming pool shall be provided with a suitable draining method. No swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer or septic tank nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Inspection Department.

All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a swimming pool shall be in conformance with the state laws and City Ordinances regulating electrical installations.

All pumps, filters, disinfectant and chemical feeders, drains, ladders, lighting, ropes and appurtenant equipment used in the operation of all swimming pools, spas, diving towers and water slides shall be maintained in a good state of repair.

Areas surrounding a swimming pool, including decks and fencing, bathhouses, dressing rooms, toilets, shower stalls and lounging areas shall be kept clean and in a state of good repair at all times. The walls, floors, equipment of appurtenant facilities at a spa or swimming pool must be maintained in a clean and sanitary condition at all times.

Setbacks. Swimming pools requiring a building permit must meet the following setbacks:

Swimming pools are allowed only in rear yards of parcels with existing principal structures or where a principal structure is under construction with a valid building permit issued by the Inspection Department.

No swimming pool shall be located, constructed or maintained closer than six feet to any side or rear parcel line.

Swimming pools shall not be located within three feet of any other accessory structure.

Detached accessory structures shall be set back a minimum of 10 feet from a principal structure.

Swimming pools are considered a detached accessory structure and alone, or in combination with other detached accessory structures, shall not occupy more than 25% of the rear yard.

Proper enclosure required. Every swimming pool which extends wholly above the ground or partially above the ground shall, at all times, be enclosed so as to prevent people and animals from accidentally falling into such pool.

Pool wall may serve as barrier. An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water-enclosing wall of the pool a minimum of four feet above the level of the ground immediately adjacent to the pool. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.

Fence or other wall may serve as barrier. An approved barrier shall consist of a properly erected and maintained wall or fence at least 48 inches in height, which entirely surrounds the pool. Every such fence shall be constructed in accordance with the requirements of Chapter 03, Division 4. Every such wall or fence shall be located not less than six feet from the vertical, water-enclosing wall of the pool. All gates in such walls or fences shall be self-enclosing and self-latching, and shall be at least 48 inches in height with latches placed at least 48 inches above the ground level, or such gate latch shall be made inaccessible to small children in some other manner approved by the Inspection Department.

Compliance. All swimming pools existing at the time of passage of this Code of Ordinances not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the swimming pool.

Filter system required. All swimming pools shall contain some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.

Dirt bottoms prohibited. All swimming pools shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.

Satellite earth station.

Not more than one satellite earth station may be allowed per individual recorded lot in residential districts. In nonresidential districts, the Zoning Administrator may approve additional stations.

Any satellite dish mounting post shall only be located in the rear yard and at least six feet from any property line. No dish shall be placed in the front yard of any lot.

Satellite earth stations located in residential districts shall be ground-mounted only.

Satellite earth stations may be wall or roof mounted in Agricultural, Business, Public, or Industrial Districts only.

Height.

A ground-mounted satellite dish may not exceed 12 feet in height, as measured from the ground to the highest point of the dish.

A roof-mounted satellite dish may not exceed eight feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.

All satellite earth stations shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 mph.

Electrical installations in connection with earth satellite receiving stations, including grounding of the system, shall be in accordance with the National Electrical Safety Code, Wisconsin State Electrical Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the satellite earth station to the receivers shall be installed underground unless installation site conditions preclude underground. If a satellite earth station is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for a permit. All satellite earth stations shall be grounded against direct lightning strikes.

No portable or trailer-mounted satellite earth station shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding five days. However, such trial placement shall be in accordance with all provisions of this section. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall give written notice to the Zoning Administrator of the date when such placement shall begin and end.

No form of advertising or identification, sign or mural is allowed on the dish or framework other than the customary manufacturer's identification plates.

10.

Satellite earth stations shall be filtered and/or shielded so as to prevent the emission or reflection of an 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 satellite earth station shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission Regulations.

11.

Compliance with federal regulations. The installation and use of every satellite earth station shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.

12.

The color of any satellite dish shall be such that it blends into its surroundings.

Satellite television dish or radio or television antenna tower.

No satellite television dish or radio or television antenna tower shall be erected or installed within the front yard. The rear setback and the side setback shall be that for the principal structure within the respective zoning district. The exact location of an antenna tower exceeding three feet in height shall be subject to approval by the Zoning Administrator, except that all receive-only television antenna and satellite dishes exceeding three feet in height shall be exempt from this requirement.

No radio or television tower shall exceed a height of 60 feet above the ground measured at grade level. No tower may exceed height limitations as established by the AOZD Height Limitations.

Radio or television antenna towers shall be erected and installed in accordance with the Wisconsin State Electrical Code, National Electrical Safety Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.

The diameter of the satellite television dish shall not exceed 10 feet for the ground-mounted dish and six feet for the roof-mounted dish, except for stations used to provide community antenna television services.

Short-term vacation rental.

The maximum number of overnight guests will be limited to two times the number of bedrooms rented plus one.

Events are not allowed to be hosted by transient guests on the premises. An event means a gathering on the premises of more than three unregistered transient guests. Events hosted by the property owner are allowed, but must abide by all applicable City ordinances and polices, including the prohibition on renting private residential property out for events.

Dwelling requirements.

The dwelling must be connected to City sewer and water.

Rooms used for sleeping shall have egress windows and smoke detectors.

The guest(s) must have access during their entire stay to a full bathroom, including sink, toilet, and tub or shower.

Accommodation of guests is not allowed in recreational vehicles, tents, accessory structures, fish houses, or similar structures.

Parking.

All guest parking must be accommodated on improved surfaces on the premises. No on-street parking is allowed for guests.

At a minimum, parking shall be provided at the following rate:

One space for each one- to two-bedroom rental;

ii.

Two spaces for each three-bedroom rental;

iii.

Spaces equal to the number of bedrooms minus one for each four- and more-than-four-bedroom rental.

In short-term vacation rentals where the property owner resides on the premise, additional off-street parking for personal use must be provided at a rate of one parking space per two bedrooms not dedicated to the guest use.

If not residing on the property, the property owner or a manager/representative must be located within 30 miles of the property. The property owner shall maintain with the City the name, address, phone number, and email for the local contact or managing agent for the property.

A guest record must be maintained, including the name, address, phone number, and vehicle license plate information for all guests. This record must be provided to the City within 48 hours of a request for the guest record.

The property owner must disclose in writing to their transient guests the following rules and regulations. This disclosure shall be conspicuously displayed in the home:

The name, phone number and address of the owner, operating lessee or managing agent/representative.

The maximum number of guests allowed at the property.

The maximum number of vehicles allowed at the property and where they are to be parked.

City nuisance ordinances requirement that noise levels be reduced between 10:00 p.m. and 8:00 a.m. and that this will be enforced by the Onalaska Police Department.

Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities.

All garbage must be kept in rubbish containers that are stored out of view of a public street.

No signage pertaining to the short-term vacation rental is allowed on the property.

Sign.

All signs shall meet the requirements of Title 14, Sign Code.

Telecommunications structures and towers.

Mobile service support structures and facilities.

Purpose. The purpose of this subsection is to regulate by conditional use permit: (1) the siting and construction of any new mobile service support structure and facilities; (2) with regard to Class 1 co-location, the substantial modification of an existing support structure and mobile services facilities; and (3) with regard to a Class 2 co-location, co-location on an existing support structure which does not require the substantial modification of an existing support structure and mobile services facilities. It is the intent of the City of Onalaska to regulate mobile service support structures and facilities as permitted by § 66.0404, Wis. Stats.

Authority. The City of Onalaska has the specific authority under § 66.0404, Wis. Stats.

Definitions. The definitions contained in § 66.0404(1) Wis. Stats., are hereby adopted and incorporated by reference.

Substantial modification. The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of 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 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 co-location.

Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

Siting and construction of any new mobile services support structure and facilities or the substantial modification of an existing support structure and mobile service facilities (Class 1 co-location).

Conditional use permit required. A conditional use permit is required for the siting and construction of a new mobile services support structure and facility and/or substantial modification of an existing support structure and mobile service facilities (Class 1 Co-location) and is subject to the conditions set forth in this subsection as well as any applicable site plan review and required permitting under the Title 15, Building Code.

ii.

Applications for conditional use permit. Applications shall be completed and filed with the Zoning Administrator and shall include the information required under § 66.0402(2), Wis. Stats.

iii.

If an applicant submits an application for a permit to engage in an activity described in this subsection, which contains all of the required information, the Zoning Administrator shall consider the application complete. If the Zoning Administrator does not believe the application is complete, applicant shall be notified in writing within 10 days of receiving the application, that the application is not complete and outlining the required information needed to complete the application. An applicant may resubmit an application as often as necessary until it is complete.

iv.

Referral to Plan Commission. After an application is complete, the matter shall be referred to the City of Onalaska Plan Commission for review.

Within 90 days of its receipt of a complete application, the Plan Commission and Zoning Administrator shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree in writing to an extension of the ninety-day period:

Review the application to determine if it complies with all applicable aspects of the political subdivision's building code and subject to the limitations in this section and the Zoning Ordinance.

Make a final decision whether to approve or disapprove the application.

Notify the applicant in writing of its final decision.

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

The Plan Commission may deny an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described above.

An applicant must provide the Plan Commission with proof that the support structure complies with district setbacks or with an engineering certification showing that a mobile service support structure, or an existing structure is designed to collapse within a smaller area than the setback or fall zone area required including snow and ice fall areas, then the Zoning Ordinance does not apply to such a structure unless the Plan Commission or Zoning Department provides the applicant with substantial evidence that the engineering certification is flawed.

Limitations. Conditional use permits for siting and construction of any new mobile service support structure and facilities and land use permits for Class 1 Co-locations shall only be granted provided the following conditions exist:

If the location of the proposed mobile services support structure or mobile service facility is on leased land, the lease agreement does not preclude the lessee from entering into leases on the site with other provider(s) and there is no other lease provision operating as a bar to co-location of other providers.

The applicant has obtained Federal Communications Commission (FCC) license numbers and registration numbers if applicable.

The applicant and/or agent have copies of Findings of No Significant Impacts (FONSI) statement from the Federal Communications Commission (FCC) or Environmental Assessment or Environmental Impact Study (EIS) if applicable.

The applicant and/or agent have copies of the determination of "no hazard" from the Federal Aviation Administration (FAA) including any aeronautical study determination or other findings, if applicable.

The applicant and/or agent have plans indicating security measures (i.e., access, fencing, lighting, etc.).

For new mobile service support structures, the applicant has obtained a report prepared by an engineer licensed by the State of Wisconsin certifying the structural design of the tower and its ability to accommodate additional antennas and submits a map identifying the fall zone of the mobile service facility, including ice and snow fall zones.

The applicant and/or agent have proof of liability coverage.

The applicant and/or agent have copies of an affidavit of notification indicating that all operators and owners of airports located within five miles of the proposed site have been notified via certified mail and the applicant has complied with any airport overlay zoning districts.

The facility of co-location is designed to promote site sharing, such that space is reasonably available to co-locators and such that telecommunication towers and necessary appurtenances, including but not limited to parking areas, access road, and utilities are shared by site users whenever possible.

Class 2 co-location.

Conditional use permit required. A conditional use permit is required for co-location on an existing support structure and mobile service facilities (Class 2 co-location) and is subject to all of the conditions for a Class 1 co-location as well as those conditions listed below.

ii.

Applications for conditional use permit. Applications shall be completed and filed with the Zoning Administrator and shall include the following information.

The name and business address of and the contact individual for the applicant, for the property owner, and for the owner of the proposed mobile service facility and for the existing support structure.

A map detailing the location of the proposed or affected support structure.

A map detailing the location of the proposed mobile service facility and areas within 1,000 feet of said facility.

iii.

A Class 2 co-location is subject to the same requirements for the issuance of building and electrical permits to which any other type of commercial development or land use development is subject.

iv.

If an applicant submits to the Zoning Administrator an application for a conditional use permit to engage in an activity described in this subsection, which contains all of the information required under this subsection, the Zoning Administrator shall consider the application complete. If any of the required information is not in the application, the Zoning Administrator shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

Within 45 days of its receipt of a complete application, the Plan Commission and Zoning Administrator shall complete all of the following or the applicant may consider the application complete, except that the applicant and City may agree in writing to an extension of the forty-five-day period.

Make a final decision whether to approve or disapprove the application.

Notify the applicant, in writing, of its final decision.

If the application is approved, issue the applicant the relevant conditional use permit.

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

Information report. The purpose of the report under this subsection is to provide the City with accurate and current information concerning the telecommunications facility owners and providers who offer or provide telecommunications services within the county or that own or operate telecommunications facilities within the county, to assist the City in enforcement of this subsection and to assist the City in monitoring compliance with local, state and federal laws.

Information report. All owners of new telecommunications towers shall submit to the Zoning Administrator a Telecommunications Facility Information Report (the "Report") within 45 days of the following events:

Following conditional use permit approval;

Receipt of a written request from the City of Onalaska Zoning Administrator; or

Any change in occupancy of the tower.

The Report shall include the tower owner name(s), address(es), phone number(s), contact person(s) and proof of bond as security for removal. The tower owner shall supply the tower height and current occupancy, if applicable, the number of co-location positions designated, occupied or vacant. This information shall be submitted on the City form provided and designed for such use and shall become evidence of compliance.

Removal/security for removal. It is the policy of the City of Onalaska and this subsection that telecommunications towers be removed once they are no longer in use and are not a functional part of providing telecommunications service, and that it is the telecommunications provider's responsibility to remove such telecommunications towers and restore sites to original conditions or conditions approved by the City of Onalaska Zoning Administrator or designee. Restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the telecommunications tower down to five feet below the surface. After a telecommunications tower is no longer in operation, the provider shall have 180 days to effect removal and restoration unless weather prohibits such efforts and an extension is granted by the Zoning Administrator as requested by the telecommunications provider. Permittee shall record a document with the office of the La Crosse County Register of Deeds showing the existence of any subsurface structure remaining below grade. Such recording shall accurately set forth the location and describe the remaining structure. The owner of any telecommunications tower shall provide to the City of Onalaska, prior to the issuance of the conditional use permit, a performance bond in an amount based on a written estimate of a qualified remover of said types of structures or $20,000, whichever is less, to guarantee that the telecommunications tower will be removed when no longer in operation. The City of Onalaska will be named as obligee in the bond and must approve the bonding company. The City may require an increase in the bond amount after five year intervals to reflect increases in the Consumer Price Index. The provider shall supply any increased bond within a reasonably time, not exceeding 60 days from the City's request. A permittee may substitute a letter of credit in the amount set forth above or in the alterative, a permittee with several sites in the City may submit a master bond to cover all of said sites. A master bond or a letter of credit, may in the City's discretion, be in an amount sufficient to secure removal from one site if the master bond or letter of credit provides for replenishing any amount use as the master bond or letter of credit covers any other site in the City.

Structural design and environmental standards.

Mobile service support structure, antenna and facilities requirements. All mobile service facilities and mobile service support structures except exempt facilities as defined in Subsection T.1.d shall be designed to reduce the negative impact on the surrounding environment by implementing the measures set forth below.

Mobile services support structures shall be construed of metal or other nonflammable material, unless specifically permitted by the City to be otherwise.

Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their functions.

Equipment compounds shall be constructed of nonreflective materials (visible exterior surfaces only). Equipment compounds shall be designed to blend with existing architecture in the area or shall be screened from sight by mature landscaping and shall be located or designed to minimize their visibility.

Mobile services facilities, support structures and antennas shall be designed and constructed in accordance with the State of Wisconsin Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, City of Onalaska Building Code,[1] Electronic Industries Association (EIA), American National Steel Institute Standards (ANSI), and American National Standards Institute (ANSI) in effect at their time of manufacture. Mobile service facilities and support structures shall not interfere with or obstruct existing or proposed public safety, fire protection or Supervisory Controlled Automatic Data Acquisition (SCADA) operation telecommunication facilities. Any actual interference and/or obstruction shall be corrected by the applicant at no cost to the City.

[1]

Editor's Note: See Title 15, Building Code.

ii.

Site development. A parcel intended for the location of new mobile service facilities, mobile service support structures, and equipment compounds shall be located so as to permit expansion for mobile service facilities to serve all potential co-locators.

iii.

Vegetation protection and facility screening.

All mobile service facilities shall be installed in a manner as to minimize disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, when required by the Plan Commission or Zoning Administrator. All impacted vegetation (trees, shrubs, etc.) shall be replaced on site on a one-for-one basis. For purposes of this section, "mature landscaping" shall mean trees, shrubs or other vegetation of a minimum initial height of five feet that will provide the appropriate level of visual screening immediately upon installation.

Upon project completion, the owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required landscaping as long as a telecommunication facility is maintained on the site.

iv.

Fire prevention. All mobile services facilities shall be designed and operated in accordance with all applicable codes regarding fire protection.

Noise and traffic. All mobile service facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end, the following measures shall be implemented for all mobile services facilities:

Noise-producing construction activities shall take place only on weekdays (Monday through Saturday, non-holidays) between the hours of 7:00 a.m. and 7:00 p.m., except in times of emergency repair; and

Backup generators, if present, shall be operated only during power outages and for testing and maintenance purposes.

vi.

Separation requirements. Mobile service support structures shall be separated by a minimum of 2,640 feet, except that:

Two mobile service support structures may be permitted to be located within 100 feet of each other subject to approval by the City of Onalaska Plan Commission.

Camouflaged mobile service support structures are exempt from the separation requirement listed above.

vii.

Abandonment. Any antenna, mobile service facility or mobile services support structure that is not operated for a continuous period of 12 months shall be considered abandoned. Upon application, the City of Onalaska Zoning Administrator may extend the time limit to abandon one time for an additional six-month period. Such extension shall be based on the finding that the owner or permit holder is actively seeking tenants for the site. After the expiration of the time periods established above, the following shall apply:

The owner of such antenna, mobile service facility or mobile services support structure shall remove said antenna, mobile service facility or mobile service support structure, including all supporting equipment, building(s) and foundations to the depth as otherwise herein required within 90 days of receipt of notice from the Zoning Administrator notifying the owner of such abandonment. If removal to the satisfaction of the Zoning Administrator does not occur within said 90 days, the City of Onalaska Zoning Administrator may order removal utilizing the established bond as provided above and salvage said antenna, mobile services facility or mobile service support structure, including all supporting equipment and building(s). If there are two or more users of a single mobile services support structure, this provision shall not become effective until all operations of the mobile service support structure cease. If a bond has not been previously established or is not current, the City may perform the work and assess the owner or permit holder of the mobile services support structure.

The recipient of a conditional use permit allowing a mobile service support structure and facility under this section, or the current owner or operator, shall notify the Zoning Administrator within 45 days of the date when the mobile services facility is no longer in operation.

viii.

Penalty provisions. Any person, partnership, corporation or other legal entity that fails to comply with the provisions of this subsection shall, upon conviction, pay a forfeiture as set forth in Title 1 of the City Code, plus the applicable surcharges, assessments and costs for each violation and/or revocation of the conditional use permit. Each day a violation exists or continues constitutes a separate offense under this subsection.

Radio broadcast services and other telecommunication facilities and structures.

Purpose. The purpose of this subsection is to regulate by conditional use permit the siting and construction of any new radio broadcast services facilities or other non-mobile service telecommunication facilities. "Radio broadcast services facilities" are defined as facilities for the regular provision of a commercial or noncommercial service involving the transmission, emission or reception of radio waves for the transmission of sound or images in which the transmissions are intended for direct reception by the general public including antennas and antenna support structures. Other tower/telecommunication structures shall include any ground- or roof-mounted pole, spire, structure or combination thereof taller than 15 feet, including supporting lines, cables, wires, and masts, intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade.

Application.

Conditional use permit required. A conditional use permit is required for:

The modification of a preexisting facility or structure if the modification is inconsistent with the original zoning permit,

The construction of any new radio broadcast service facility or structure or other telecommunication facility or structure.

ii.

Application. The Zoning Administrator will provide a conditional use permit application upon request. An applicant's form will be processed upon completion and submittal of the application to the Zoning Administrator.

A radio broadcast service facility or other telecommunication structure is subject to the same requirements for the issuance of building and electrical permits to which any other type of commercial development or land use development is subject. If an applicant submits to the Zoning Administrator an application for a conditional use permit to engage in an activity described in this subsection, which contains all of the information required under this subsection, the Plan Commission shall consider the application complete. If any of the required information is not in the application, the Zoning Administrator shall notify the applicant in writing within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

iii.

Review. Within 45 days of its receipt of a complete application, the Plan Commission shall complete all of the following or the applicant may consider the application complete, except that the applicant and City may agree in writing to an extension of the forty-five-day period.

Make a final decision whether to approve or disapprove the application.

Notify the applicant, in writing, of its final decision.

If the application is approved, issue the applicant the relevant conditional use permit.

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

The Plan Commission shall review the application to determine if it complies with all applicable aspects of the City's zoning ordinances, subject to the limitations in § 66.0404, Wis. Stats.

Requirements. All of the conditions set forth above for a Class 2 Co-location shall remain for a radio broadcast service structure or facility and other telecommunication structures. Additionally, the following additional requirements shall be required in the interest of public safety:

Lighting. Towers and antennas shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower or antenna, light figures used to illuminate ball fields, parking lots or similar areas may be allowed with approval from the Plan Commission.

ii.

Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

iii.

Antennas mounted on roofs, walls and existing towers. The placement of telecommunication antennas on roofs, walls and existing towers may be approved by the Plan Commission provided the antennas meet the requirements of this code, after submittal for a conditional use permit and a report prepared by a qualified engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.

iv.

Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study, which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems.

Abandonment. Any antenna, radio broadcast or telecommunication support structure that is not operated for a continuous period of 12 months shall be considered abandoned. Upon application, the City of Onalaska Zoning Administrator may extend the time limit to abandon once for an additional six-month period as requested by the property owner. Such extension shall be based on the finding that the owner or permit holder is actively seeking tenants for the site. After the expiration of the time periods established above, the following shall apply:

The owner of such antenna, radio broadcast or telecommunication facility or radio broadcast or telecommunication support structure shall remove said antenna, facility or service support structure, including all supporting equipment, building(s) and foundations to the depth as otherwise herein required within 90 days of receipt of notice from the Zoning Administrator notifying the owner of such abandonment. If removal to the satisfaction of the Zoning Administrator does not occur within said 90 days, the City of Onalaska Zoning Administrator may order removal utilizing the established bond as provided above and salvage said antenna, facility or support structure, including all supporting equipment and building(s). If there are two or more users of a single services support structure, this provision shall not become effective until all operations of the support structure cease. If a bond has not been previously established or is not current, the City may perform the work and assess the owner or permit holder of the mobile services support structure.

ii.

Penalty provisions. Any person, partnership, corporation or other legal entity that fails to comply with the provisions of this subsection shall, upon conviction, pay a forfeiture as set forth in Title 1 of the City Code and/or revocation of the conditional use permit, plus the applicable surcharges, assessments and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this subsection.

Telecommunications facilities in the right-of-way.

Purpose. In the exercise of its police powers, the City of Onalaska has priority over all other uses of the right-of-way. The purpose of this subsection is to provide the City with a process for managing, and uniform standards for acting upon, requests for the placement of wireless telecommunications facilities within the right-of-way consistent with the City's obligation to promote the public health, safety, and welfare; to manage the right-of-way; and to ensure that the public's use is not obstructed or incommoded by the use of the right-of-way for the placement of wireless telecommunications facilities. The City of Onalaska recognizes the importance of wireless telecommunications facilities to provide high-quality communications and internet access services to residents and businesses within the City. The City of Onalaska also recognizes its obligation to comply with applicable federal and state laws regarding the placement of wireless telecommunications facilities in the right-of-way including, without limitation, the Telecommunications Act of 1996 (47 U.S.C. § 151 et seq), §§ 182.017 and 196.58, Wis. Stats., and this subsection shall be interpreted consistent with those provisions.

Definitions. The definitions contained in 47 CFR 1.6100 and 1.6002 are hereby adopted and incorporated by reference, in addition to the below:

FCC

Federal Communications Commission.

SUPPORT STRUCTURE

Any structure capable of supporting wireless telecommunications equipment.

UNDERGROUND AREAS

Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages more than 35,000 volts.

UTILITY POLE

A structure in the right-of-way designed to support electric, telephone, and similar utility distribution lines and associated equipment. A tower is not a utility pole.

WIRELESS INFRASTRUCTURE PROVIDER

A person that owns, controls, operates, or manages a wireless telecommunications facility or portion thereof within the right-of-way.

WIRELESS PERMIT

A permit issued pursuant to this chapter and authorizing the placement or modification of a wireless telecommunications facility of a design specified in the permit at a particular location within the right-of-way, and the modification of any existing support structure to which the wireless telecommunications facility is proposed to be attached.

WIRELESS SERVICE PROVIDER

An entity that provides wireless services to end users.

WIRELESS TELECOMMUNICATIONS EQUIPMENT

Equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network.

WIRELESS TELECOMMUNICATIONS FACILITY

A facility at a fixed location in the right-of-way consisting of a base station, antennas and other accessory equipment, and a tower and underground wiring, if any, associated with the base station.

Scope.

Applicability. Unless exempted below, every person who wishes to place a wireless telecommunications facility in the right-of-way or modify an existing wireless telecommunications facility in the right-of-way must obtain a wireless permit under this section.

ii.

Exempt facilities. The provisions of this section (other than Subsection T.3.j through m below) shall not be applied to applications for the following:

Installation of a small wireless facility on the strand between two utility poles, provided that the cumulative volume of all wireless facilities on the strand shall not exceed one cubic foot, and provided further that the installation does not require replacement of the strand, or excavation, modification, or replacement of either of the utility poles.

Installation of a mobile cell facility (commonly referred to as "cell on wheels" or "cell on truck") for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.

Placement or modification of a wireless telecommunications facility on structures owned by or under the control of the City. (See Subsection T.3.m.)

Placement or modification of a wireless telecommunications facility by City staff or any person performing work under contract with the City.

Modification of an existing wireless telecommunications facility that makes no material change to the footprint of a facility or to the surface or subsurface of a public street if the activity does not disrupt or impede traffic in the traveled portion of a street, and if the work does not change the visual or audible characteristics of the wireless telecommunications facility.

Nondiscrimination. In establishing the rights, obligations, and conditions set forth in this section, it is the intent of the City to treat each applicant and right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, while taking into account the unique technologies, situation, and legal status of each applicant or request for use of the right-of-way.

Administration.

Zoning Administrator. The Zoning Administrator or their designated authorized agent is responsible for administering this section.

ii.

Powers. As part of the administration of this section, the Zoning Administrator may:

Adopt wireless regulations governing the placement and modification of wireless telecommunications facilities in addition to but consistent with the requirements of this section, including regulations governing co-location, the resolution of conflicting applications for placement of wireless telecommunications facilities, and aesthetic standards.

Interpret the provisions of the section and the wireless regulations.

Develop forms and procedures for submission of applications for wireless permits consistent with this section.

Collect any fee required by this section.

Require, as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless telecommunications facility that is the subject of the wireless permit application.

Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with federal laws and regulations.

Issue notices of incompleteness or requests for information in connection with any wireless permit application.

Select and retain an independent consultant or attorney with expertise in telecommunications to review any issue that involves specialized or expert knowledge in connection with any permit application.

Coordinate and consult with other City staff, committees, and governing bodies to ensure timely action on all other required permits under Subsection T.3.f.ii.8.

10.

Subject to appeal as provided in Subsection T.3.h.iv, determine whether to grant, grant subject to conditions, or deny an application.

11.

Take such other steps as may be required to timely act upon wireless permit applications, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.

Application.

Format. Unless the wireless regulations provide otherwise, the applicant must submit both a paper copy and an electronic copy (in a searchable format) of any application, as well as any amendments or supplements to the application or responses to requests for information regarding an application, to the Zoning Administrator. An application is not complete until both the paper and electronic copies are received by the Zoning Administrator.

ii.

Content. In order to be considered complete, an application must contain:

All information required pursuant to the wireless regulations.

A completed application cover sheet signed by an authorized representative of the applicant, listing all standard permit conditions.

The name of the applicant (including any corporate or trade name), and the name, address, email address, and telephone number of a local representative. If the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider(s) that will be using the wireless telecommunications facility must also be provided.

A statement of which shot clock or shot clocks apply to the application and the reasons the chosen shot clocks apply.

A separate and complete description of each proposed wireless telecommunications facility and the work that will be required to install or modify it, including but not limited to detail regarding proposed excavations, if any; detailed site plans showing the location of the facility and technical specifications for each element of the facility, clearly describing the site and all structures and facilities at the site before and after installation or modification and identifying the owners of such preexisting structures and facilities; and describing the distance to the nearest residential dwelling unit. Before and after 360° photo simulations must be provided for each facility.

Proof that the applicant has mailed to the owners of all property within 300 feet of the proposed wireless telecommunications facility a notice that the applicant is submitting an application to the City for placement or modification of a wireless telecommunications facility in the right-of-way, which notice must include the proposed location of the facility, a description and scale image of the proposed facility, and an email address and phone number for a representative of the applicant who will be available to answer questions from members of the public about the proposed project.

A copy of the FCC license for the facility or a sworn written statement from the applicant attesting that the facility will comply with current FCC regulations.

To the extent that filing of the wireless permit application establishes a deadline for action on any other permit that may be required in connection with the wireless telecommunications facility, the application must include complete copies of applications for every required permit (including, without limitation, electrical permits, building permits, traffic control permits, and excavation permits), with all engineering completed and with all fees associated with each permit.

A certification by a registered and qualified engineer that the installation can be supported by and does not exceed the tolerances of the structure on which it will be mounted and that all elements of the wireless telecommunications facility comply with applicable safety standards.

10.

Payment of all required fees.

11.

If an applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all evidence on which the applicant relies in support of that claim. Applicants are not permitted to supplement this evidence if doing so would prevent the City from complying with any deadline for action on an application.

12.

If the application is an eligible facilities request, the application must contain information sufficient to show that the application qualifies as an eligible facilities request under 47 CFR 1.6100(b)(3), including evidence that the application relates to an existing tower or base station that has been approved by the City. Before and after 360° photo simulations must be provided with detailed specifications demonstrating that the modification does not substantially change the physical dimensions of the existing approved tower or base station.

iii.

Waivers. Requests for waivers from any requirement of this section shall be made in writing to the Zoning Administrator, who may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of the waiver, the City will be provided with all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the wireless permit sought.

iv.

Fees. Applicant must provide an application fee and shall be required to pay all costs reasonably incurred in reviewing the application, including costs incurred in retaining outside consultants. Fees shall be reviewed periodically and raised or lowered based on the costs the City expects to incur, with a review commencing by the first anniversary of the effective date of this section.

Public records. Applications are public records that may be made publicly available pursuant to state and federal public records law. Notwithstanding the foregoing, the applicant may designate portions of the application materials that it reasonably believes contain proprietary or confidential information by clearly marking each portion of such materials accordingly, and the City shall endeavor to treat the information as proprietary and confidential, subject to applicable state and federal public records law and the Zoning Administrator's determination that the applicant's request for confidential or proprietary treatment of the application materials is reasonable. The City shall not be required to incur any costs to protect the application from disclosure.

General standards.

Generally. Wireless telecommunications facilities shall meet the minimum requirements set forth in this section and the wireless regulations, in addition to the requirements of any other applicable law or regulation.

ii.

Regulations. The wireless regulations and decisions on wireless permits shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of a telecommunications or personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this section and the wireless regulations may be waived, but only to the extent required to avoid the prohibition.

iii.

Standards.

Wireless telecommunications facilities shall be installed and modified in a manner that minimizes risks to public safety, ensures that placement of facilities on existing structures is within the tolerance of those structures, avoids placement of aboveground facilities in underground areas, installation of new support structures or equipment cabinets in the public right-of-way, or placement in residential areas when commercial areas are reasonably available, maintains the integrity and character of the neighborhoods and corridors in which the facilities are located, ensures that installations are subject to periodic review to minimize the intrusion on the right-of-way, ensures that the City bears no risk or liability as a result of the installations; and ensures that applicant's use does not inconvenience the public, interfere with the primary uses of the right-of-way, or hinder the ability of the City or other government entities to improve, modify, relocate, abandon, or vacate the right-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the right-of-way.

No wireless permit shall be issued unless the wireless service provider applicant has immediate plans to use the proposed facility or the wireless infrastructure applicant has a contract with a wireless service provider that has immediate plans to use the proposed facility.

In no event may ground-mounted equipment interfere with pedestrian or vehicular traffic and at all times must comply with the requirements of the Americans with Disabilities Act of 1990.

iv.

Standard permit conditions. All wireless permits under this section are issued subject to the following minimum conditions:

Compliance. The permit holder shall at all times maintain compliance with all applicable federal, state, and local laws, regulations, and other rules.

Term. A wireless permit issued pursuant to an eligible facilities request shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. All other wireless permits shall be valid for a period of five years from the date of issuance unless revoked pursuant to Subsection T.3.i.ii.

Contact information. The permit holder shall at all times maintain with the City accurate contact information for the permit holder and all wireless service providers making use of the facility, which shall include a phone number, mailing address, and email address for at least one natural person.

Emergencies. The City shall have the right to support, repair, disable, or remove any elements of the facilities in emergencies or when the facility threatens imminent harm to persons or property.

Indemnities. The permit holder, by accepting a permit under this section, agrees to indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, and volunteers (collectively, the "indemnified parties") from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys' fees, costs, and expenses of whatsoever kind or nature in any manner caused in whole or in part, or claimed to be caused in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of the permit holder or anyone acting under its direction or control or on its behalf, even if liability is also sought to be imposed on one or more of the indemnified parties. The obligation to indemnify, defend, and hold harmless the indemnified parties shall be applicable even if the liability results from an act or failure to act on the part of one or more of the indemnified parties. However, the obligation does not apply if the liability results from the willful misconduct of an indemnified party.

Adverse impacts on adjacent properties. The permit holder shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of the facility.

General maintenance. The wireless communications facility and any associated structures shall be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

Graffiti removal. All graffiti on facilities shall be removed at the sole expense of the permit holder within 48 hours after notification from the City.

Relocation. At the request of the City pursuant to Subsection T.3.j., the permit holder shall promptly and at its own expense permanently remove and relocate any wireless telecommunications facility in the right-of-way.

10.

Abandonment. The permit holder shall promptly notify the City whenever a facility has not been in use for a continuous period of 60 days or longer and must comply with Subsection T.3.k.

11.

Restoration. A permit holder who removes or relocates a facility from the right-of-way must restore the right-of-way in accordance with Subsection T.3.l.

12.

Record retention. The permit holder shall retain full and complete copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation all conditions of approval, approved plans, resolutions, and other documentation associated with the permit or regulatory approval. In the event the City cannot locate any such full and complete permits or other regulatory approvals in its official records, and the permit holder fails to retain full and complete records in the permit holder's files, any ambiguities or uncertainties that would be resolved through an examination of the missing documents will be conclusively resolved against the permit holder.

13.

Radio frequency emissions. Every wireless facility shall at all times comply with applicable FCC regulations governing radio frequency emissions, and failure to comply with such regulations shall be treated as a material violation of the terms of the permit.

14.

Certificate of insurance. A certificate of insurance sufficient to demonstrate to the satisfaction of the City that the applicant has the capability to cover any liability that might arise out of the presence of the facility in the right-of-way.

Application processing and appeal.

Rejection for incompleteness. Notices of incompleteness shall be provided in conformity with state, local, and federal law, including 47 CFR 1.6003(d), as amended.

ii.

Processing timeline. Wireless permit applications (including applications for other permits necessary to place or modify the facility) and appeals will be processed in conformity with the shot clocks set forth in state, local, and federal law, as amended.

iii.

Written decision. In the event that an application is denied (or approved with conditions beyond the standard permit conditions set forth in Subsection T.3.g.iv), the Zoning Administrator shall issue a written decision with the reasons therefor, supported by substantial evidence contained in a written record.

iv.

Appeal to Board of Zoning Appeals. Any person adversely affected by the decision of the Zoning Administrator may appeal that decision to the Board of Zoning Appeals and whose written decision will be the final decision of the City. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the wireless telecommunications facility.

Deadline to appeal.

Appeals that involve eligible facilities requests must be filed within three business days of the written decision of the Zoning Administrator.

All other appeals not governed above must be filed within 10 business days of the written decision of the Zoning Administrator, unless granted an extension. An extension may not be granted where extension would result in approval of the application by operation of law.

vi.

Decision deadline. All appeals shall be conducted so that a timely written decision may be issued in accordance with the applicable shot clock.

Expiration and revocation.

Expiration. A wireless permit issued pursuant to an eligible facilities request shall expire at the same time the permit for the underlying existing wireless telecommunications facility expires. All other wireless permits shall be valid for a period of five years from the date of issuance. Upon expiration of the wireless permit, the permit holder must either:

Remove the wireless telecommunications facility; or

Submit an application to renew the permit at least 90 days prior to its expiration. The facility must remain in place until the renewal application is acted on by the City and any appeals from the City's decision are exhausted.

ii.

Revocation for breach. A wireless permit may be revoked for failure to comply with the conditions of the permit or applicable federal, state, or local laws, rules, or regulations. Upon revocation, the wireless telecommunications facility must be removed within 30 days of receipt of written notice from the City. All costs incurred by the City in connection with the revocation, removal, and right-of-way restoration shall be paid by the permit holder.

iii.

Failure to obtain permit. Unless exempted from permitting by Subsection T.3.c.ii., a wireless telecommunications facility installed without a wireless permit must be removed within 30 days of receipt of written notice from the City. All costs incurred by the City in connection with the notice, removal, and right-of-way restoration shall be paid by entities who own or control any part of the wireless telecommunications facility.

Relocation.

Except as otherwise prohibited by state or federal law, a permit holder must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate any of its wireless telecommunications facilities in the right-of-way whenever the City requests such removal and relocation. The City may make such a request to prevent the facility from interfering with a present or future City use of the right-of-way; a public improvement undertaken by the City; an economic development project in which the City has an interest or investment; when the public health, safety, or welfare require it; or when necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way. Notwithstanding the foregoing, a permit holder shall not be required to remove or relocate its facilities from any right-of-way that has been vacated in favor of a nongovernmental entity unless and until that entity pays the reasonable costs of removal or relocation to the permit holder.

Abandonment.

Cessation of use. In the event that a permitted facility within the right-of-way is not in use for a continuous period of 60 days or longer, the permit holder must promptly notify the City and provide information satisfactory to the Zoning Administrator that the permit holder's obligations for its facilities under this section have been lawfully assumed by another permit holder, submit to the Zoning Administrator a proposal and instruments for dedication of the facilities to the City, or remove its facilities from the right-of-way within one year and perform the required restoration under Subsection T.3.l. unless waived or provided a later deadline. If a permit holder proceeds, the City may, at its option:

Accept the dedication for all or a portion of the facilities;

Require the permit holder, at its own expense, to remove the facilities and perform the required restoration; or

Require the permit holder to post a bond or provide payment sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities and undertaking required restoration.

ii.

Abandoned facilities. Facilities of a permit holder who fails to comply with the above standards and which, for one year, remain unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the City may, at its option:

Abate the nuisance and recover the cost from the permit holder or the permit holder's successor in interest;

Take possession of the facilities; and/or

Require removal of the facilities by the permit holder or the permit holder's successor in interest.

Restoration. In the event that a permit holder removes or is required to remove a wireless telecommunications facility from the right-of-way under this section (or relocate it pursuant to Subsection T.3.j), the permit holder must restore the right-of-way to its prior condition in accordance with City specifications. However, a support structure owned by another entity authorized to maintain that support structure in the right-of-way need not be removed but must instead be restored to its prior condition. If the permit holder fails to make the restorations required, the City at its option may do such work. In that event, the permit holder shall pay to the City, within 30 days of billing therefor, the cost of restoring the right-of-way.

Placement on City-owned or City-controlled structures. The City may negotiate agreements for placement of wireless telecommunications facilities on City-owned or City-controlled structures in the right-of-way. The agreement shall specify the compensation to the City for use of the structures. The person or entity seeking the agreement shall reimburse the City for all costs the City incurs in connection with its review of and action upon the request for an agreement.

Temporary tent, canopy, carport or similar membrane material structures.

For all properties zoned R-1 and R-2 Districts, and B-1 and B-2 Districts, such structure(s), including but not limited to tents, canopies, carports or similar membrane-material structures, that are designed in a manner for temporary use, are allowed to be installed for up to 180 days in a calendar year without a building permit.

All such structures shall conform to the setbacks set forth for accessory structures.

All such structures shall conform to the structure strength (wind load, snow load, etc.) and firesafety standards found in the International Building Code as adopted by Wisconsin State Statutes.