[Added 3-28-2000 by Ord. No. 00-002]
The purpose and intent of this article is to
strike a balance between the federal interest concerning the construction,
modification and siting of telecommunication towers and antennas for
use in providing personal wireless services and the interest of the
City of Oconto Falls (hereinafter the "City") in regulating local
zoning. The regulations contained herein are designed to protect and
promote the public health, safety and welfare of the community and
the aesthetic quality of the City. The goals of this article are to
protect residential and commercial areas and land uses from the potential
adverse impacts of towers and antennas, and avoid potential damage
to adjacent properties from tower failure, through engineering and
careful siting of tower structures. It is also the intent of this
article to provide a public forum to ensure a balance between public
concerns and private interests in establishing commercial telecommunication
and related facilities.
As used in this article, the following terms
shall have the meanings indicated:
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunication
signals or other communication signals.
The provision of multiple antennas of more than one commercial
wireless communication service provider or government entity on a
single tower or structure.
A use that involves the exchange of cash, goods or services,
barter, forgiveness of indebtedness, or any other remuneration in
exchange for goods, services, lodging, meals, entertainment in any
form, or the right to occupy space over any period of time.
A cabinet or building used to house equipment used by telecommunication
providers to house equipment at a facility.
A self-supporting structure, erected on the ground, which
consists of metal crossed strips or bars to support antennas and related
equipment.
A monopolar structure, erected on the ground, to support
wireless communication antennas and connecting appurtenances.
Commercial mobile services, unlicensed wireless services
and common carrier wireless exchange services as now defined in 47
U.S.C. § 323(7)(C), as the same may be amended from time
to time.
Any structure, erected on the ground, to support the transmission
and operation of video antennas or transmission and reception of audio
antennas.
Any plant or equipment used to carry wireless commercial
telecommunications services by radio signal or other electromagnetic
waves, including towers, antennas, equipment buildings, parking area
and other accessory development.
A mast pole, monopole, guyed tower, lattice tower, freestanding
tower, or other structure designed and primarily used to support antennas.
A ground- or building-mounted mast greater than 15 feet tall and six
inches in diameter supporting one or more antennas, dishes, or arrays
shall be considered a telecommunications tower.
Any elevated water storage facility.
A.
Registration and application requirements.
(1)
All personal wireless service carriers and providers
that offer or provide any telecommunications services for a fee directly
to the public, either within the City or outside the corporate limits
from telecommunications facilities within the City, and all telecommunications
tower owners, shall register with the City on forms to be provided
by the Building Inspector; shall apply for a conditional use permit;
and shall provide the following information on such application:
(a)
The identity and legal status of the registrant,
including any affiliates.
(b)
The name, address and telephone number of the
officer, agent or employee responsible for the accuracy of the registration
statement.
(c)
A narrative and map description of the registrant's
existing telecommunications facilities within the City and/or adjacent
cities, villages and townships.
(d)
Such other information as the Building Inspector
may reasonably require.
(2)
The owner or owners, whether public or private, of
any radio tower, antenna, transmitter or receiver attached to any
municipal facility, such as towers, utility poles, public buildings,
service buildings, smokestacks, etc., shall register with the City
on forms to be provided by the Building Inspector, shall apply for
a conditional use permit, and shall provide the following information
on such application:
(a)
The identity and legal status of the registrant,
including affiliates.
(b)
The name, address and telephone number of the
officer, agent or employee responsible for the accuracy of the registration
statement.
(c)
A narrative and map description of the registrant's
existing transmission or receiving facilities within the City.
(d)
Such information as the Building Inspector may
reasonable require.
B.
Purpose of registration. The purpose of registration
under this article is to:
(1)
Provide the City with accurate and current information
concerning personal wireless services carriers and providers, telecommunications
tower owners, and radio operators that offer or provide services within
the City or that own or operate telecommunication facilities and radio
transmitters within the City.
(2)
Assist the City in enforcement of this article.
(3)
Assist the City in monitoring compliance with local,
state and federal laws.
C.
Enforcement. It shall be unlawful for any personal wireless services carrier or provider who offers or provides services within the City, or any telecommunications or radio tower owner who owns or operates telecommunications or radio transmission facilities within the City, to fail to register and provide the information required in Subsection A above within 30 days of such a request by the City.
D.
Conditional use application requirements. In addition to the requirements contained in Subsection A above, the conditional use application shall address the following:
(2)
A visual analysis, which may include photo montage, field mockup, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts and the design capacity of the proposed facility to the satisfaction of the Planning Commission. Consideration shall be given to views from public areas as well as from the private residences and the type of tower lighting. The analysis shall assess the impacts of the proposed facility and other existing telecommunication facilities in the area and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed personal wireless services. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant. As part of the Planning Commission's continuing jurisdiction over conditional uses, each registrant shall inform the City, within 60 days, of any change in the title information set forth in Subsection A.
E.
Minor alterations. Antennas affixed to an existing
telecommunications tower or structure, together with the related support
facilities and equipment buildings, or the replacement of a previously
approved telecommunications tower and related antennas, support facilities
and equipment buildings may be authorized by issuance of a permit
as a minor alteration to an existing conditional use or an existing
permitted use when approved by the Building Inspector, which is compatible
with the concept approved by the City Planning Commission and this
chapter. If said minor alteration is not approved, the applicant shall
apply to the Planning Commission for said approval in accordance with
the conditional use standards contained herein.
F.
Inventory and tracking system. The Building Inspector
shall compile a list of existing communications facilities within
the City's jurisdiction based upon information provided by personal
wireless service providers and communications tower owners. The Building
Inspector shall maintain and update said list on a regular basis.
The list shall also include the location of public facilities that
may be available for co-location.
If a telecommunication facility or radio tower
shall cease to be used for a period exceeding one year and a day,
the facility or tower shall be deemed abandoned, and the owner or
operator of such facility or tower shall remove it upon the written
request of the Building Inspector, at no cost to the City and within
90 days of such request.
Every telecommunication facility and radio tower
shall be designed and constructed so as to comply with the requirements
of Ch. Comm 62, Wisconsin Administrative Code, as amended from time
to time. If, upon inspection, the Building Inspector concludes that
a facility or tower fails to comply with such codes in effect at the
time of construction and constitutes a danger to persons or property,
then, upon notice being provided to the owner of the tower, the owner
shall have 30 days or such time as determined by the Building Inspector
to bring such tower into compliance with the applicable codes. Failure
to bring such tower into compliance within 30 days, or such time as
determined by the Building Inspector, shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
All new telecommunication facilities and radio towers, except exempt facilities and towers as defined in § 480-45 below, shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all the following measures shall be implemented:
A.
Telecommunications and radio towers shall be constructed
out of metal or other nonflammable material, unless specifically permitted
by the City to be otherwise.
B.
Telecommunication and radio support facilities (i.e.,
equipment rooms, utilities, and equipment enclosures) shall be constructed
out of nonreflective materials (visible exterior services only) to
the greatest extent possible and, where possible, shall be sited below
the ridge line or designed to minimize their impact.
C.
Telecommunication and radio equipment buildings, shelters
and cabinets shall be designed and finished to appear as nearly as
possible like other buildings or facilities found in the area.
D.
The City shall have the authority to require reasonable
special design (materials, architectural features and color) of telecommunication
facilities where findings of particular sensitivity are made (e.g.,
proximity to historic or aesthetically significant structures, views
and/or community features).
E.
Telecommunication facilities and towers, and radio
facilities and towers, shall ensure that sufficient anti-climbing
measures have been incorporated into the facility or tower as needed
to reduce the potential for trespass and injury.
F.
Equipment buildings shall be located, designed and
screened to reduce the visual impact to the extent feasible considering
the technological requirements of the proposed personal wireless services
and the need to be compatible with neighboring residences and the
character of the community.
G.
Antennas shall be designed to blend with their supporting
structure. The color selected shall be one that, in the opinion of
the Planning Commission, will minimize the visibility of the antennas
to the greatest extent feasible.
All new telecommunication facilities and radio towers shall be located so as to minimize their visibility and the number of tower sites. To this end, a good faith effort in achieving co-location shall be required of the requestor and host entity, subject to existing co-location contracts, and all of the following measures shall be implemented for telecommunication facilities in addition to meeting the conditional use standards in § 480-39D of this article:
A.
No telecommunication or radio tower shall be installed
closer than 1/4 mile to another telecommunication tower, measured
from the base of the telecommunication tower to the base of the proposed
tower, unless it is a tower situated on a multi-tower zoning lot or
credible evidence to a reasonable degree of certainty acceptable to
the Planning Commission is submitted to show both a clear need for
the proposed location of the new tower and that it is not feasible
to co-locate it on an existing site.
B.
No telecommunications or radio tower shall be installed
on a zoning lot that is not already developed with a telecommunications
tower unless the applicant demonstrates that no tower in 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
height cannot be remedied at a reasonable cost; or the existing tower
is not of sufficient strength to support the applicant's equipment
and the deficiency in structural strength cannot be remedied at a
reasonable cost; or the applicant's equipment would cause electromagnetic
interference with equipment on the existing telecommunications tower(s)
within the area in which the applicant's equipment must be located;
or the equipment on the existing telecommunications tower(s) would
cause interference with the applicant's equipment and the interference,
from whatever source, cannot be eliminated at a reasonable cost; or
the fees, costs, or contractual provisions required by the owner in
order to co-locate on an existing communication tower are unreasonable
relative to industry norms; or 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 telecommunications tower.
C.
No telecommunications or radio tower shall be located
on a lot in a residential or commercial district.
D.
Telecommunications and radio towers, guy wires, appurtenant
equipment and buildings shall comply with the yard and setback requirements
of the zoning district in which they are located, and, in addition
thereto, all telecommunications towers and radio towers shall be set
back at least one 100 feet from any property devoted to residential
use or 250 feet from any residential building, whichever is less.
A.
Unless the applicant is submitting an application
to locate or co-locate upon an existing tower or structure, an analysis
shall be prepared by or on behalf of the applicant; subject to the
approval of the Planning Commission, which identifies all reasonable
technically feasible alternative locations and/or facilities which
would be usable for the proposed personal wireless services. The intention
of the alternatives analysis is to present alternative strategies
which should minimize the number, size and adverse environmental impacts,
including aesthetics, of facilities and towers necessary to provide
the needed services to the City and surrounding rural and urban areas.
The analysis shall address the potential for co-location at an existing
or new site and the potential to locate facilities and towers as close
as possible to the intended service areas. It shall also explain the
rationale for selection of the proposed site in view of the relative
merits of any of the feasible alternatives. Approval of the project
is subject to the Planning Commission making a finding that the proposed
site results in fewer or less severe environmental impacts, including
aesthetics, than any feasible alternative site. The City may require
independent verification by a qualified engineer of this analysis
at the applicant's expense. In regard to facilities that are not proposed
to be co-located with another telecommunications facility or tower,
the applicant shall provide a written explanation why the subject
facility is not a candidate for co-location.
B.
All new telecommunications towers shall be structurally
and electrically designed to accommodate at least three separate antenna
arrays, unless credible evidence is presented that such construction
is economically and technologically not feasible or the Planning Commission
determines that for reasons of aesthetics a telecommunications tower
of sufficient height to accommodate three antenna arrays is unwarranted.
C.
Multi-user telecommunications towers shall be designed
to allow for future rearrangement of antennas and to accept antennas
mounted at varying heights. Parking areas, access roads, and utility
easements shall be shared by site users, at fair market rates as determined
by customary industry standards, when in the determination of the
Planning Commission this will minimize overall visual impact to the
community.
The following facilities and towers are exempt
from the operation of this article:
A.
Amateur radio towers installed, erected, maintained
and/or operated in any residential zoning district by a federally
licensed amateur radio operator and complying with the provisions
of this chapter, so long as all of the following conditions are met:
(1)
The antenna involved is accessory to the primary use
of the property which is not a telecommunications facility;
(2)
In a residential zone, no more than one support structure
for a licensed amateur radio operator is allowed on the parcel;
(3)
Sufficient anti-climbing measures have been incorporated
into the tower, as needed, to reduce the potential for trespass and
injury; and
(4)
All height standards of this chapter are complied
with.
B.
Publicly owned and operated telecommunications facilities
required in the public interest to provide for and maintain a radio
frequency telecommunication system, including digital analog, wireless
or electromagnetic waves, for police, fire and other municipal services.
[Amended 8-12-2008 by Ord. No. 08-004]
Any person or entity who or which violates any provision of this article or who or which fails to comply with any of its requirements shall, upon conviction, be subject to a penalty as provided in § 480-29 of this chapter for each violation and, in addition, shall pay all costs and expenses involved in the case. Each day any such violation continues shall be considered a separate offense.
