The purpose and intent of the regulations and requirements of section 7.3 ("section") are to:

(1)

Facilitate the provision of wireless communication facilities through careful siting and design standards.

(2)

Avoid potential damage to adjacent properties from the construction and operation of wireless communication facilities through structural standards and setback requirements.

(3)

Provide a process for obtaining necessary permits for telecommunications facilities, while at the same time protecting the interests of Portage County citizens.

(4)

Encourage the use of alternative support structures and collocation of new antennas on existing telecommunication towers thereby maximizing the use of existing and approved towers, buildings or structures to accommodate new wireless communication antennas, to reduce the number of towers needed to serve the industry.

(5)

Take into consideration the location of and possible impact to, known migratory bird flyway routes during the siting and placement of telecommunications facilities.

(6)

Accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare. This section is not intended to have the effect of prohibiting wireless services to or within the County, rather its intent is to ensure that a non-discriminatory, competitive, and broad range of telecommunications services and high quality telecommunications are provided to serve the community.

This Section is adopted pursuant to the authorization in Wis. Stats. §§ 59.69 and 66.0404. The jurisdiction of this Section shall be limited to the unincorporated areas of Portage County, but shall not be in effect in any unzoned town until approved by the town board pursuant to Wis. Stats. § 59.69(5)(C).

(1)

Alternative support structure means clock towers, steeples, silos, light poles, water towers, electric transmission towers, buildings or similar structures that may support telecommunications facilities.

(2)

ANSI/TIA means American National Standards Institute/Telecommunication Industry Association.

(3)

Antenna means any device or equipment used for the radiation or gathering of electromagnetic waves, which may include omni-directional antenna (rod), directional antenna (panel) or parabolic antenna (dish), but excludes satellite antennas with diameters of two feet or less.

(4)

Applicant means any person, carrier/provider, firm, partnership or company who files an application for any permit required by this section for the construction, replacement, or alteration of the wireless telecommunication facility or any component thereof.

(5)

Carrier means companies licensed by the FCC to build personal wireless telecommunication facilities and operate personal wireless telecommunication services. Also called provider or mobile service provider.

(6)

Collocation means the location of more than one antenna or set of antenna of more than one government or commercial wireless communication service provider on the same tower structure.

(7)

Equipment compound means an area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities

(8)

FAA. Federal Aviation Administration.

(9)

FCC. Federal Communications Commission.

(10)

Guyed tower means a telecommunications tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

(11)

Height means the distance measured from ground level to the highest point on any tower or structure, including any antenna.

(12)

Lattice (self-support) tower means a telecommunications tower that consists of vertical and horizontal supports and crossed metal braces, with no other means of support besides the superstructure of the tower itself.

(13)

Mobile service has the meaning given in 47 USC 153 (33). Also called wireless communication/telecommunication.

(14)

Mobile service facility means the set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.

(15)

Mobile service provider means a person who provides mobile service. Also called carrier or provider.

(16)

Mobile service support structure means a freestanding structure that is designed to support a mobile service facility.

(17)

Monopole means a telecommunications tower of a single pole design, with no other means of support besides the superstructure of the tower itself.

(18)

Public safety tower means a tower owned and/or operated by Portage County whose primary purpose shall be to serve law enforcement, fire service, emergency medical service, emergency management, traffic safety, and related agencies and entities.

(19)

Provider. See "carrier."

(20)

Satellite dish means a device incorporating a reflective surface that is solid, open mesh, or bar configured that is a shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, Television Receives Only (TVROs) and satellite microwave antennas.

(21)

Substantial modification means the modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:

(a)

For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.

(b)

For structures with an overall height of more than 200 feet, increases the overall height of the structure by ten percent or more.

(c)

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 collocation.

(d)

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

(22)

Support structure means an existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.

(23)

Telecommunication facility means a facility, site, or location that contains one or more antennas, towers, alternative support structures, satellite dish antennas, other similar devices, and support equipment, also called mobile service facility which is used for transmitting, receiving, or relaying telecommunication signals, excluding exempted facilities.

(24)

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas (or is itself an antenna), including guy towers, monopole towers and self-supporting lattice towers and any support.

(25)

Tower accessory structure means any structure located at the base of a tower for housing base receiving/transmitting equipment.

(26)

Wireless communication/telecommunication means any personal wireless services as defined in the Federal Telecommunications Act of 1996, including FCC licensed commercial wireless telecommunications services such as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), global system of mobile communications (GSM), paging and similar services that currently exist or may be developed. Also called mobile service.

(1)

Applicability. This section applies to the following activities:

(a)

The siting and construction of a new mobile service support structure and facilities.

(b)

The substantial modification of an existing support structure and mobile service facilities.

(c)

Collocation on existing support structures.

(2)

District Height Limitation. The requirements set forth in this Section shall govern the design and siting of towers and antennas that exceed the height limitations specified for each zoning district under chapter 7, Portage County Code of Ordinances.

(3)

Television Antenna, Satellite Dishes, Amateur Radio, Receive Only Antennas. This Section shall not govern the installation of any tower or antenna that is less than 100 feet in total height and is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive-only antennas, provided that the primary uses of the property is not a telecommunications facility and that the antenna use is accessory to the primary use of the property. Federally licensed amateur radio operator and receive only towers 100 feet or taller shall obtain a zoning permit and are subject only to applicable setback requirements per section 7.1 Portage County Ordinances. Commercial antennas attached to such a tower or any tower modification made for the purpose of accommodating such an antenna shall comply with all applicable requirements of this Section.

(4)

Portage County Public Safety Towers shall be exempt from this section. For coordination purposes, the Portage County Sheriff's Office will notify the Planning and Zoning Department of their planned locations for public safety towers. Collocation of non-public mobile service facilities on public safety towers shall require the issuance of a zoning permit.

(5)

Mobile services providing public information coverage of news of a temporary or emergency nature shall be exempt from this section, but subject to approval by the Zoning Administrator or his/her designee.

(6)

Any other devices not mentioned above that are exempt according to State or Federal regulations.

(1)

All towers and antennas shall comply with all FCC and FAA regulations.

(2)

Design and installation of all towers and antennas shall comply with the manufacturers' specifications and with ANSI/TIA standards.

(3)

Installation of all towers and antennas shall comply with applicable state and local building and electrical codes.

(4)

For leased sites, written authorization for siting the wireless telecommunication facilities from the property owner must be provided.

(5)

All unused towers and antennas must be removed by the owner/operator within 12 months of cessation of operation or use, unless a written exemption is provided by the Zoning Administrator. After the facilities are removed, the site shall be restored to its original or an improved condition, and anchoring elements shall be removed to within five feet of the ground. Removal of anchoring elements to a depth less than five feet may be approved if the applicant can provide information that the reduced depth will not have an adverse impact on use of the land after restoration. If removal and/or restoration is not completed within 90 days of the expiration of the 12-month period specified herein, the County is authorized to order completion of the removal and site restoration.

(6)

Collocation of multiple users upon a single tower is the preferred method of siting multiple antennas.

(7)

All ground-mounted telecommunication towers shall be self-supporting monopoles or lattice towers except where satisfactory evidence is submitted to the Board of Adjustment that a guyed tower is required.

(8)

Only one tower is allowed on a parcel of land. Applications to place multiple towers upon a single parcel shall require credible evidence that collocation is not practical. Additional towers upon a single parcel may be allowed with a special exception permit, and such towers shall be placed as close together as is technically possible.

(9)

All Towers constructed must have an approved carrier and can not be built on speculation.

(1)

No temporary mobile communication sites are permitted except in the case of equipment failure, equipment testing, equipment replacement or in the case of emergency situations. Placement of temporary equipment shall be limited to 90 days unless extended in writing by the Zoning Administrator.

(2)

No advertising message/sign shall be affixed to any tower or antenna.

(3)

No part of any tower or antenna shall extend across or over any right-of-way, public street, highway, sidewalk or property without written permission of the controlling authority.

(1)

Areas Limiting Telecommunication Facility Location. Telecommunications facilities may be permitted as described in this section, but are also subject to greater restrictions including, but not limited to, the following:

(a)

Review and approval by the Federal Aviation Administration (FAA), State Bureau of Aeronautics and other appropriate agencies, if located within:

1.

One-half mile radius from heliports;

2.

One mile radius from private airport runway(s);

3.

Three mile radius from public use airport runway(s).

(b)

Wetland regulations.

(c)

Portage County Floodplain Zoning Ordinance.

(d)

Portage County Shoreland Zoning Ordinance.

(e)

Portage County Subdivision Ordinance.

Except as provided in this section, all wireless communication facilities shall meet the dimensional standards of the zoning district in which they are located.

(1)

Setback And Separation.

(a)

Tower structures 100 feet tall or greater shall be set back from the nearest property line a distance equal to the height of the tower. Tower structures less than 100 feet tall shall be set back from the nearest property line a distance equal to the setback of a principal commercial structure as would be required by the underlying zoning district. This setback may be reduced to a lesser specified distance if the applicant submits a report stamped by a professional engineer that certifies that the tower is designed and engineered to collapse upon failure within the lesser specified distance.

(b)

Tower structures 100 feet tall or greater shall be set back from the nearest road right-of-way a distance equal to the height of the tower, or the right-of-way setbacks established in the Portage County Zoning Ordinance, whichever is greater. Tower structures less than 100 feet tall shall be set back from the road right-of-way a distance equal to the right-of-way setbacks established in the Portage County Zoning Ordinance. The road right-of-way may be reduced to a lesser specified distance if the applicant submits a report stamped by a professional engineer that certifies that the tower is designed and engineered to collapse upon failure within the lesser specified distance.

(c)

Subsurface anchors or portions of anchors that are subsurface shall be located on the property in which the tower has been constructed.

(2)

Collocation/Sharing of Facilities. For a new mobile service support structure, applications must include an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

(3)

Reserved.

(4)

Security Fencing, Lighting, and Signs.

(a)

All towers shall be reasonably protected against unauthorized access. The bottom of the tower from ground level to 12 feet above ground shall be designed to preclude unauthorized climbing and shall be enclosed with a minimum of a six-foot high chain link fence with a locked gate.

(b)

Security lighting for on-ground facilities and equipment is permitted, as long as it is down shielded to keep light within the boundaries of the site.

(c)

Signs shall be mounted on the fenced enclosure, on or adjacent to the gate prohibiting entry without authorization, warning of the danger from electrical equipment and/or unauthorized climbing of the tower, and identifying the owner of the tower and telephone number for contact in case of emergency.

(5)

Color and Materials. Telecommunication towers shall be constructed out of metal or other non-flammable material, unless specifically permitted by the County to be otherwise.

(6)

Parking and Access.

(a)

There shall be adequate off-street parking provided for each site. Additional parking may be required by the Zoning Administrator if the minimum parking proves to be inadequate. Minimum parking is considered to be one stall for each prospective user of the site. Access must be provided by an all-weather gravel or paved driveway.

(b)

All sites must be served by a minimum 20-foot wide ingress/egress with a turnaround. All sites shall use existing access points and roads whenever possible. The access point to the site shall be approved by the Portage County Highway Dept., State of WI DOT, or the applicable municipality depending on road jurisdiction.

(1)

The construction or installation of any wireless telecommunication facility requires the issuance of a zoning permit and may require a special exception permit under this Section. See sections 7.1.6(2) and 7.1.6(5) Portage County Zoning Ordinance for fees and additional requirements.

(a)

Zoning Permit. Zoning permits are required for the following:

1.

The placement of a new mobile service facility on an existing support structure.

2.

The construction of a new mobile service support structure.

3.

The substantial modification of an existing mobile service support structure.

4.

Collocation of non-public mobile service facilities on public safety towers.

5.

Federally licensed amateur radio operator and receive only towers 100 feet or taller subject only to applicable setback requirements per section 7.1 Portage County Ordinances.

(b)

Special Exception Permit. Uses and facilities requiring a special exception permit under this section may be authorized by the Board of Adjustment upon the submittal and approval of a properly completed application for a special exception permit as detailed in this subsection. Special exception permits are required for the following:

1.

The construction of a new mobile service support structure which results in a tower height of 200 feet or higher.

2.

The substantial modification of an existing mobile service support structure which results in a tower height of 200 feet or higher.

3.

Two or more mobile service support structures on a single lot.

4.

Guyed tower.

(c)

Failure to obtain the proper permits shall be considered a violation of this section and may subject the violator to any appropriate penalties.

(2)

Applications. The application shall be in writing and shall contain all of the following information:

(a)

The name and business address of, and the contact individual for, the applicant.

(b)

The location of the proposed or affected support structure.

(c)

The location of the proposed mobile service facility.

(d)

If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

(e)

If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.

(f)

If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

Grounds for revocation of the special exception permit shall be limited to one of the following findings as determined by the Portage County Board of Adjustment:

(1)

The owner of such site, service provider, and/or tower owner fails to comply with the requirements of this section as it existed at the time of the issuance of the special exception permit;

(2)

The permittee has failed to comply with the conditions of approval imposed;

(3)

The facility has not been properly maintained. If one of these findings exist, Planning and Zoning Department staff shall report the non-compliance to the Portage County Board of Adjustment. The owner of the site, service provider, and/or tower shall be notified of the non-compliance and given an opportunity to present their position to the Board of Adjustment. If the Board determines that the facility is non-compliant, a corrective notice shall be given with a time period specified. If compliance is not obtained in the time identified, the special exception permit will automatically be rescinded.

All permits issued under this section shall be transferable, and all subsequent holders of such permits shall be subject to all applicable requirements of this section and any permit conditions that may exist.

If any portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected.

The provisions of this aection shall be enforced under the direction of the County Board of Supervisors, through the County Planning and Zoning Committee, the Zoning Administrator and the County law enforcement officers. For forfeitures and penalties related to non-compliance with this section of the Zoning Code, please see section 7.1.6(8), enforcement and penalties.

(Ord. of 5-18-1999; Ord. of 1-16-2007; Ord. of 6-17-2008; Res. No. 126-2016-2018, 5-16-2017)