A.
Purpose of section. It is the intent of this section to allow and regulate the construction of commercial radio and television towers and stations and wireless communications towers by obtaining a conditional use permit for the proper specified zoning district(s) in such a manner that such construction shall not be injurious to the public health, safety, morals, convenience or general welfare of the citizens of Rice Lake or its extraterritorial zoning district. Such construction of commercial radio and television towers and stations and wireless communication towers shall comply not only with the provisions as stated within this section but with all applicable regulations as mandated by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and Chapters COMM 61 and 62, Wisconsin Administrative Code.
B.
Application procedures. An applicant for a conditional use permit for commercial radio and television towers and stations, and wireless communications towers shall adhere to the applicable provisions as stated within §§ 260-59 through 260-67. With specific regard to this section, applicants for a conditional use permit shall furnish to the Plan Commission the following:
(1)
Scale drawings of the proposal, including as a minimum a plot plan of the premises involved showing lot lines and the accurate locations of all buildings or structures on the premises, locations of the proposed tower, all guy wires, poles or anchors and a sketch cross section and elevation of the premises accurately depicting the proposed tower and its relationship to buildings or structures on the premises.
(2)
Written statements that the proposed commercial radio and television towers and stations and wireless communications towers complies with all applicable regulations as mandated by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and any appropriate state review authority, or that the facilities are exempt from those regulations.
(3)
A report that demonstrates the commercial radio and television towers and stations and wireless communications tower's compliance with all applicable structural and electrical standards and codes.
(4)
A description of the commercial radio and television towers and stations, and wireless communications tower's capacity, including the number and type of antennas it can accommodate.
(5)
A report that documents the steps the applicant will take to avoid interference with established public safety communications.
(6)
For telecommunication and wireless communications towers a drawing that documents the height above grade for all potential mounting positions for colocated antennas and the minimum separation distance between antennas.
(7)
A letter of intent committing a telecommunication and wireless communications tower owner and his or her successors to allow the shared use of the telecommunication and wireless communications tower, as long as there is no negative structural impact upon the tower and there is no disruption of the service provided.
C.
Location of commercial radio and television towers and stations and wireless communications towers. Commercial radio and television towers and stations and wireless communications towers may be permitted by issuance of a conditional use permit, in the A (Agricultural), AT (Agricultural Transition), C (Commercial), CH (Highway Commercial), TP (Technology Park), IL (Light Industrial) and I (Industrial) Zoning Districts. Telecommunication or wireless communication towers may be permitted by issuance of a conditional use permit in the residential districts, only if such towers are uniquely designed to blend into the uses on the site, compatible with the surrounding area, and set back from all property lines a minimum of the tower height. Examples of unique towers would include church bell towers and steeples, light poles for parking lots or other camouflaging techniques.
D.
Required height and location upon property of radio, television and wireless communications towers. There shall be no height requirements for radio and television broadcasting towers. Wireless communications towers shall have a maximum height of 300 feet, unless it can be demonstrated that such tower must exceed 300 feet in height to satisfy the engineering requirements necessary to provide minimum service or federal or state regulations require a greater height. In addition, the base of the towers shall not be closer to property lines than a distance equal to the height of the towers. Radio, television and wireless communications towers shall comply with the minimum setback requirements of the district in which they are located and be designed and engineered to collapse progressively within the distance between the tower base and the property line. All guy wires must be anchored on the property on which the tower is located, unless locations off site are approved by the Plan Commission.
E.
No tower shall be lighted except by the minimum number and brightness of lights allowed by the Federal Aviation Administration, Federal Communications Commission or other authority.
F.
Tower maintenance. All tower structural, anchorage or other accompanying supports shall be maintained in such manner as to prevent a potential public hazard.
G.
Equipment storage. No equipment, mobile or immobile, not used in direct support of the facility shall be stored or parked on the site unless repairs to the facility are being made. Enclosed buildings to accommodate associated appurtenances and facilities may be allowed.
H.
Necessary fence requirement. A safety fence of not less than six feet in height shall be provided around a tower. Access to the tower shall be through a locked gate.
I.
Necessary high-voltage signs. If high voltage is necessary for the operation of the facility, signs located every 20 feet and attached to a supporting structure shall display in large bold letters the following: "High Voltage - Danger."
J.
Private or public airport approach flight patterns. No tower shall be permitted to encroach into or through any established public or private airport approach flight patterns as established by the Federal Aviation Administration (FAA). Towers that are erected outside said approach flight patterns shall be illuminated for safety reasons as required by federal regulations.
K.
Station offices and studios. Radio and television offices and studios may be permitted when located and operated on the same property in connection with such transmitting towers. Studio seating capacity for individuals shall not exceed 100. Landscaping shall be done around all station offices and studios.
L.
Off-street parking. Off-street parking for employees and individuals utilizing studio facilities shall comply with the standards set forth in Article V.
M.
Wireless communications towers. The following requirements and standards apply to all telecommunication or wireless communication towers.
(1)
A proposal for a new telecommunication or wireless communication tower shall not be approved unless the telecommunications equipment planned for the new tower cannot be accommodated on an existing or approved tower or building within the service area of the proposed tower due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
(b)
The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified radio frequency engineer, and the interference cannot be prevented at a reasonable cost.
(c)
Existing or approved utility towers or buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a qualified radio frequency engineer.
(d)
Existing or approved utility towers or buildings within the search radius are not available or are unreasonably expensive to lease space upon.
(e)
Other reasons that make it infeasible or impractical, in the opinion of the Plan Commission, to locate the planned telecommunications or wireless communications equipment upon and existing or approved tower.
(2)
Any proposed telecommunication or wireless communication tower shall be designed structurally, electrically and in all respects, to accommodate both the applicant's equipment and comparable equipment for at least two additional users if the tower is over 100 feet in height or at least one additional user if the tower is 60 to 100 feet in height. Telecommunication or wireless communication towers shall be designed to allow for the future rearrangement of antennas and equipment upon the tower and to accept antennas mounted at varying heights. The applicant or owner of the proposed telecommunication or wireless communication tower can make any arrangements necessary with additional users to provide space and or equipment on the proposed tower. It is the intent of this provision to maximize the number of antennas that can be added to a proposed telecommunication or wireless communication tower and reduce the proliferation of towers in any given area.
(3)
All telecommunication or wireless communications towers shall be of monopole or lattice construction, unless it can be demonstrated that such tower must a guyed tower to satisfy the engineering requirements necessary to provide minimum service or federal or state regulations require a guyed tower. A monopole tower is preferred over other self-supporting telecommunications or wireless communications towers.
(4)
Telecommunication or wireless communication towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the state building code and all other applicable standards. Metal towers shall be constructed of, or treated with, corrosive resistant material.
(5)
All obsolete or unused telecommunication or wireless communication towers and their accompanying antennas or accessory facilities shall be removed by the owner within 12 months of the cessation of operations at the site unless a time extension is approved by the Plan Commission. After the facilities are removed, the site shall be restored to its original or an improved state.
N.
Building permits. A building permit is required for all installations under the jurisdiction of this section.