[History: Adopted by the Village Board of the Village of
Birnamwood 2-26-2024 by Ord. No.
3-01-24. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Man-made structures, such as clock towers, bell steeples,
light poles, and similar mounting structures.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiates
or captures electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
The lines that connect a provider's towers/cell sites
to one or more cellular telephone switching offices and/or long-distance
providers or the public switch telephone network.
The provision of multiple antennas or more than one commercial
wireless communications service provider or government entity on a
single tower or structure.
Federal Aviation Administration.
Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the grade to the highest point on the tower or other
structure, including the base pad.
The provider of personal wireless service as defined in Sec.
704 of the Telecommunications Act of 1996, 47 U.S.C. § 332,
and as the same may be amended from time to time.
Transmitters, antenna structures and other types of installations
used to provide personal wireless services.
Any tower or antenna for which a building permit or conditional
use permit has been properly issued prior to the effective date of
this chapter.
Any structure that is designed and constructed for the purpose
of supporting one or more antennas for telephone, radio, and similar
communications purposes, including self-supporting lattice towers,
microwave towers, common carrier towers, cellular telephone towers,
alternative tower structures and the like. The term includes the structure
and any support thereto.
A.
Applicability.
(1)
New towers and antennas. All towers or antennas constructed after
passage of this chapter shall be subject to all applicable standards
of this section.
(2)
Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section other than the requirements of Subsection B below. Any such towers or antennas shall be referred to hereinafter as "preexisting towers" or "preexisting antennas."
(3)
Amateur radio and receive-only antennas. This section shall not apply
to any tower or the installation of any antenna that is under 70 feet
in height and is owned by a federally licensed amateur radio station
operator or is used exclusively for a receive-only antenna.
B.
General requirements.
(1)
Building codes, safety standards. To ensure the structural integrity
of towers, the owner must comply with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. If upon inspection the Building Inspector concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, upon notice being provided to the
owner of a tower, the owner shall immediately bring such tower into
compliance with such standards. Failure to bring such tower immediately
into compliance shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(2)
State or federal requirements. All towers shall meet or exceed standards
and regulations of the FCC, the FAA, and any other agency of the state
or federal government with the authority to regulate towers and antennas.
(3)
Co-location.
(a)
Any proposed telecommunications tower and tower site shall be
designed in all respects to accommodate co-location of the applicant's
antennas and at least two additional users. Towers and tower sites
shall be designed to allow for future rearrangement of antennas upon
the tower, to accept antennas mounted at varying heights, and to accommodate
supporting buildings and equipment.
(b)
The holder of a permit for a tower shall permit co-location
for at least two additional users and shall not make access to the
tower and tower site for an additional user economically unfeasible.
If an additional user demonstrates, through an independent arbitrator
or other permitted means, that the holder of a tower permit has made
access to such tower and tower site economically unfeasible, the permit
shall become null and void.
(4)
Antenna height. Antenna height shall not be restricted, provided
such device is installed and maintained in accordance with applicable
state and local building codes and in compliance with current standards
of the FAA, FCC, and any other agency of the state or federal governments
with the authority to regulate antennas.
(5)
Tower height: 180 feet maximum.
(6)
Separation between towers. Separation distances between towers shall
be applicable for a proposed tower and any preexisting towers. The
separation distance shall be measured by a straight line between the
base of an existing tower and the base of a proposed tower.
|
New Tower Type
|
Existing Tower Type
| |||
|---|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole less than 75 feet in Height
| |
|
Lattice
|
5,000 feet
|
5,000 feet
|
1,500 feet
|
750 feet
|
|
Guyed
|
5,000 feet
|
5,000 feet
|
1,500 feet
|
750 feet
|
|
Monopole less than 75 feet in Height
|
1,500 feet
|
1,500 feet
|
1,500 feet
|
750 feet
|
|
Monopole greater than 75 feet in Height
|
750 feet
|
750 feet
|
750 feet
|
750 feet
|
(7)
Availability of suitable existing towers, other structures or alternative
technology. No new tower shall be permitted unless the applicant demonstrates
that no existing tower, structure or alternative technology that does
not require the use of towers or structures can accommodate the applicant's
proposed antenna. Evidence submitted to determine that no existing
tower, structure or alternative technology can accommodate the applicant's
proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located within the geographic
area which meet the applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related
equipment.
(d)
The proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or structures, or the antenna
on the existing towers or structures would cause interference with
the proposed antenna.
(e)
The fees, costs or contractual provisions required by the owner
to share an existing tower or structure or to adapt an existing tower
or structure for sharing are unreasonable. Costs exceeding new tower
development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system is unsuitable. The costs of alternative
receivers' technology that exceed new tower or antenna development
shall not be presumed to render the technology unsuitable.
(8)
Aesthetics.
(a)
Towers shall maintain either a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a light gray to
reduce visual obtrusiveness and blend into the natural setting and
built environment.
(b)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend the tower facilities to the natural
setting and built environment.
(c)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment shall
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure to make the antenna and
related equipment as visually unobstructive as possible.
(9)
Lighting. Towers shall not be artificially illuminated unless required
by the FAA or any other applicable authority. If lighting is required,
the lighting alternatives and design chosen shall cause the least
disturbance to the surrounding views.
(10)
Fencing. A tower shall be enclosed by security fencing not less
than eight feet in height and secured so that it is not accessible
by the general public. Fence design, materials and colors shall reflect
the character of the surrounding area.
(11)
Landscaping. A buffer of plant materials to effectively screen
the tower compound from public view and from adjacent properties shall
be provided. The minimum buffer shall consist of a landscape strip
of at least five feet in width outside the perimeter of the tower
compound. Existing mature tree growth and natural landforms shall
be preserved to the maximum extent possible. In some cases, such as
towers placed on large wooded lots, natural growth around the property
perimeter may be a sufficient buffer.
(12)
Accessory equipment and buildings. The equipment cabinet or
structure used in association with an antenna shall be suited in accordance
with the development standards of the underlying zoning district.
Equipment cabinets or structures shall be screened from view by an
evergreen hedge or other suitable landscape treatments, except where
the use of nonvegetative screening would better reflect and complement
the architectural character of the surrounding neighborhood.
(13)
Signs. No signage or advertising is permitted to be placed on
a wireless communications tower.
C.
Permitted uses. The installation of a tower or antenna, as follows:
(1)
Antennas or existing towers. The attachment of a new antenna on an
existing tower may be permitted to minimize adverse visual impacts
associated with the proliferation and clustering of towers, provided
that:
(2)
Cable microcell network. The installation of a cable microcell network
may be permitted using multiple low-powered transmitters/receivers
attached to existing wireline systems, such as conventional cable
or telephone wires or similar technology that does not require the
use of towers.
D.
Conditional uses. The installation of towers and antennas, including the placement of accessory equipment or buildings, may be permitted by conditional use permit in all General Manufacturing and Industrial Districts. In addition to the standards identified in this section, any request for a conditional use permit shall also comply with the standards identified by § 249-2 of this chapter.
E.
Removal of abandoned antennas and towers. An antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice from the Village notifying
the owner of such abandonment. Failure to remove the antenna or tower
within 90 days shall be grounds to remove the antenna or tower at
the owner's expense. If there are two or more users of a single
tower, this provision shall not become effective until all users cease
using the tower.
