[Amended 11-28-2000 by Ord. No. 2000-3]
A. Definition. For purposes of this section, the following
definition shall apply:
RADIO OR TELEVISION ANTENNA TOWER
Any structure, whether freestanding or attached to an existing
building or structure, that is designed and constructed primarily
for the purpose of supporting one or more noncommercial antennas,
including self-supporting lattice towers, guy towers or monopole towers.
The term includes radio and television reception and transmission
towers, alternative tower structures, and the like, used solely for
noncommercial purposes by the owner, occupant, or tenant of the property.
B. Installation restrictions. No radio or television
antenna tower shall be erected or installed within the front yard
or side yard. The rear setback and the side setback in rear yards
shall be that for the principal structure within the respective zoning
district. The exact location and installation of the antenna tower
shall be subject to approval by the Village Board. Any antenna attached
to the wall or roof of any principal or accessory structure shall
be subject to the structure being constructed to carry all imposed
loading. The Building Inspector may require engineering calculations
to support proposed installations.
C. Height restrictions. No radio or television antenna
tower shall exceed a height of 20 feet above the roof ridge line of
the building on the property upon which the antenna is located or
60 feet above the ground measured at grade level, whichever is the
minimum.
D. Safety code compliance. Radio and 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.
[Added 11-28-2000 by Ord. No. 2000-3]
A. Definitions. For purposes of this section, the following
definitions shall apply:
COLLATION
The location of more than one antenna or set of antennas
on the same tower structure.
COMMUNICATION TOWER
Any structure, whether freestanding or attached to an existing building or structure, that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like, used for commercial purposes. Residential radio and television antenna towers are governed by §
415-79.
B. Safety code compliance. Communication towers shall
be erected and installed in accordance with the Wisconsin State Electrical
Code, National Electrical Safety Code, and all other applicable building
codes and federal and state laws and regulations and the instructions
of the manufacturer. In cases of conflict, the stricter requirements
shall govern. The applicant or owner seeking to install communication
tower equipment shall present to the Village credible evidence establishing
to a reasonable degree of certainty that the tower will not cause
electromagnetic interference with equipment on any existing communication
tower(s) or other electronic devices, including but not limited to
radios, televisions, and telephones, within the area in which the
applicant's equipment must be located, and that the equipment on any
existing communication tower(s) will not cause interference with the
applicant's equipment.
C. Procedure and standards for the placement, construction or modification of communication towers. This section provides the procedures and standards for issuance of conditional use permits for the placement, construction or modification of communication towers as defined in Subsection
A.
(1) Permit required. It is intended that conditional use
permits shall be issued under this section to accommodate the expansion
of wireless communication technology while minimizing the number of
tower sites through the requirement that permitted towers be placed
or constructed so that they may be utilized for the collocation of
antenna arrays to the extent technologically and economically feasible.
(2) Requirements for conditional use permit. No conditional
use permit for the placement or construction of a tower shall be issued
unless the applicant presents to the Plan Commission credible evidence
establishing to a reasonable degree of certainty the following:
(a)
No existing communication tower is located within
the area in which the applicant's equipment must be located;
(b)
No existing communication tower within the area
in which the applicant's equipment must be located is of sufficient
height to meet the applicant's requirements and the deficiency in
heights cannot be remedied at a reasonable cost;
(c)
No existing communication tower within the area
in which the applicant's equipment must be located has sufficient
structural strength to support the applicant's equipment and the deficiency
in structural strength cannot be remedied at a reasonable cost;
(d)
The applicant's equipment would cause electromagnetic
interference with equipment on the existing communication tower(s)
within the area in which the applicant's equipment must be located,
or the equipment on the existing communication tower(s) would cause
interference with the applicant's equipment, and the interference,
from whatever source, cannot be eliminated at a reasonable cost;
(e)
The fees, costs or contractual provisions required
by the owner in order to collocate on an existing communication tower
are unreasonable relative to industry norms; or
(f)
The applicant demonstrates that there are other
factors that render existing communication towers unsuitable or unavailable
and establishes that the public interest is best served by the placement
or construction of a new communication tower.
(3) Impediments to collocation. The cost of eliminating
impediments to collocation shall be deemed reasonable if it does not
exceed by 25% the cost of constructing a new tower on which to mount
the applicant's equipment.
(4) Third party consultation. In the event the Plan Commission determines that it is necessary to consult with a third party in considering the factors listed in Subsection
C(2) above, all reasonable costs and expenses associated with such consultation shall be borne by the applicant. Failure to pay such costs and expenses or provide information requested by the Plan Commission shall be grounds for denial or revocation of a conditional use permit. The applicant may provide to the Plan Commission the names of consultants whom the applicant believes are qualified to assist in resolving the issues before the Plan Commission.
(5) Height restriction. No communication towers shall exceed a height of 200 feet above the ground measured at grade level. In applying the standards and criteria set forth in §
415-80B through
D to applications for conditional use permits for the placement or construction of a communication tower, the Plan Commission shall, unless it is shown to be unreasonable, condition the grant of the permit upon the applicant placing or constructing the communication tower so as to accommodate, at a minimum height of 150 feet, the collocation of two additional antenna arrays similar in size and function to that placed on the tower by the applicant. Collocation sites need not be available on the tower as initially placed or constructed, provided that the tower will support at the specified minimum height the later addition of the required number of collocation sites. Notwithstanding the height and number of collocation sites on the tower as initially placed or constructed, the communication tower design approved and permitted under this section shall be for a tower of 150 feet in height and shall include the required collocation sites. The holder of a permit under this section shall make the collocation sites required hereunder available for the placement of technologically compatible antenna arrays and equipment upon contractual provisions which are standard in the industry and at prevailing market rates allowing the permit holder to recoup the cost of providing the collocation sites and a fair return on investment.
(6) Permit required for modifications. Unless otherwise provided herein, a conditional use permit is required for any modification of a communication tower which significantly alters the appearance or structural integrity of the tower or which involves the installation of antenna or equipment differing in size and function from that previously installed on the tower. The Plan Commission shall apply the standards under §
415-80B through
D when considering an application for a conditional use permit to allow the modification of an existing communication tower. In addition, the Plan Commission shall consider the reasonableness, based on economic and technological feasibility, of conditioning the grant of the conditional use permit upon modifying the tower in a manner which would accommodate the collocation of one or more additional antenna arrays.
(7) Proof of compliance. Upon written inquiry by the Plan
Commission, the recipient of a conditional use permit under this section
shall have the burden of presenting credible evidence establishing
to a reasonable certainty the continued compliance with all conditions
placed upon the conditional use permit. Failure to establish compliance
with all conditions placed upon the conditional use permit shall be
grounds for revocation of the permit. In the event the Plan Commission
determines that it is necessary to consult with a third party to ascertain
compliance with conditions on a conditional use permit, all reasonable
costs and expenses associated with such consultation shall be borne
by the holder of the subject conditional use permit. Failure to pay
such costs and expenses or provide information requested by the Plan
Commission shall be grounds for revocation of the conditional use
permit. The holder of the subject conditional use permit may provide
to the Plan Commission the names of consultants whom the permit holder
believes are qualified to assist in resolving the issues before the
Plan Commission. In any event, where a dispute arises under this section
involving an applicant for a conditional use permit and the holder
of a conditional use permit hereunder, the Plan Commission may allocate
consulting costs and expenses between the applicant and permit holder.
(8) Collocation on existing towers. A conditional use
permit shall not be required for collocation on an existing tower
permitted under this section, provided that the collocated antenna
array or equipment is similar in size and function to that installed
by the holder of the conditional use permit for the tower, does not
significantly alter the appearance or structural integrity of the
tower approved and permitted under this section, and is fully in compliance
with all conditions contained in the original conditional use permit.
The holder of the conditional use permit for any tower on which collocation
occurs shall, within 30 days of such collocation, provide the Plan
Commission with written notification of the identity of the collocator
and the nature of the equipment installed. Within 30 days of the date
on which any collocated use ceases, the permit holder shall provide
the Plan Commission with written notice of the cessation of such use.
(9) Incidental buildings. The holder of a conditional
use permit for a tower and any user collocating under this section
shall each be permitted to construct a building of no more than 14
feet in height and 314 square feet in floor area for use directly
incidental and necessary to the use of the tower. Two or more users
of the tower may build a single building with a floor area of no more
than 314 square feet per user sharing the building. Buildings constructed
or used by tower collocators shall be subject to conditions established
for the conditional use permit for the tower.
(10)
Identification of transmission equipment. Conditional
use permits issued hereunder shall identify the primary type or types
of transmission equipment which is to be placed on the subject communication
tower. Any communication tower on which the transmission equipment
so identified is no longer placed or used for a continuous period
of 12 months shall, upon notification by the Plan Commission, be removed
by the holder of the conditional use permit issued under this section.
If the tower is not removed within 60 days of such notification, the
Village may remove the tower at the expense of the holder of the conditional
use permit.
(11)
Applicant's disclosure of plans. The Plan Commission
may require that an applicant for a conditional use permit under this
section provide information regarding the applicant's then current
plans for future placement or construction of communication towers
in, or within 1 1/2 miles of, the Village limits in addition
to the tower which is the subject of the application.
D. Definition of tower height. The height of a communication
tower shall be calculated as the overall vertical height of any structure,
whether freestanding or attached to an existing building or structure,
including all antennas and equipment attached to such tower, above
the ground.
E. Abandonment and removal. When one or more antennas, a tower, an antenna support structure, or related equipment is not operated for the provision of communication services, as such services are defined above in Subsection
A, for a continuous period of 12 months or more, such antenna, tower, antenna support structure, or related equipment may be deemed by the Village to be abandoned. The owner of such an antenna, tower, antenna support structure, or related equipment shall remove such items within 90 days following the mailing of written notice that the removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner. If two or more providers of communication services use the tower, antenna support structure, or related equipment to provide communication services, then the period of nonuse under this provision shall be measured from the cessation of operation at the location of such tower, antenna support structure or related equipment by all such providers.