Bellevue Village City Zoning Code
PART 500
2300 Telecommunication Towers and Antennas
§ 500-2301 Purpose.
The purpose of this section is to regulate by conditional use permit:
A.
The siting and construction of any new mobile service support structure and facilities;
B.
With regard to a Class 1 co-location, the substantial modification of an existing support structure and mobile service facilities by land use permit; and
C.
With regard to a Class 2 co-location, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities also by land use permit.
§ 500-2302 Applicability.
The Village's regulatory power extends to three types of projects, all for the installation of types of cell phone transmission facilities.
A.
Projects requiring construction of a new tower.
B.
Projects requiring substantial modification of an existing tower and facilities, but not construction of a new tower. Projects of this type are referred to as "Class 1 co-location."
C.
Projects requiring neither construction of a new tower, nor substantial modification of an existing tower and facilities. Projects of this type are referred to as "Class 2 co-location."
§ 500-2303 Construction of New Mobile Service Support Structure or Substantial Modification of Existing Support Structure (Class 1 Co-location).
A.
Conditional use permit required. A conditional use permit is required for the siting and construction of a new mobile service support structure and facility and/or the substantial modification of an existing support structure and mobile service facilities (Class 1 co-location) and is subject only to the conditions set for in this chapter.
C.
Application process. A permit application must be completed and submitted to the Village and shall contain the following information:
(1)
Name and business address of and contact information for the applicant.
(2)
Location of the proposed or affected support structure.
(3)
Location of the proposed mobile service facility.
(4)
If the application substantially modifies 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.
(5)
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.
(6)
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 co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location 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.
(7)
If an applicant submits to the Village an application for a permit to engage in an activity described in this chapter, which contains all of the information required under this chapter, the Village shall consider the application complete.
(a)
If the Village does not believe that the application is complete, the Village shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete.
(b)
The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(8)
If an applicant provides the Village with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the set back or fall zone, this chapter does not apply to such a structure unless the Village provides the applicant with substantial evidence that the engineering certification is flawed.
(9)
The applicant shall pay an application fee as set forth by resolution approved by the Village Board.
D.
Referral to Plan Commission. Within 90 days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the ninety-day period:
(1)
Village staff shall review the application to determine whether it complies with all applicable aspects of the Village's Building Code and, subject to the limitations of this section, zoning ordinances.
(2)
Plan Commission shall review the plans and recommend to the Village Board that the application be approved, approved with conditions, or denied based on the compliance of the proposed project to § 66.0404, Wis. Stats., and aspects of the Village's Building Code, and subject to the limitations in this section, zoning ordinances.
(3)
Upon receipt of the recommendation of the Plan Commission, the Village Board shall review the plans and recommendations and make the final decision whether the application be approved, approved with conditions, or denied based on the compliance of the proposed project to § 66.0404, Wis. Stats, and aspects of the Village's Building Code and, subject to the limitations in this section, zoning ordinances.
(4)
Staff shall notify the applicant, in writing, of the final decision.
(5)
If the decision is to deny the application, include with the written notification, substantial evidence which supports the decision.
§ 500-2304 Co-location on existing support structures (Class 2 Co-location).
A.
A permit is required for a Class 2 co-location. A Class 2 co-location is a permitted use but still requires the issuance of a permit.
B.
Application process. A permit application must be completed and submitted to the Village and shall contain the following information:
C.
A Class 2 co-location is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.
D.
If an applicant submits an application to the Village for a permit to engage in a Class 2 co-location and the application contains all the required information, the Village shall consider the application complete.
(1)
If the required information is not in the application, the Village shall notify the applicant in writing, within five days of receiving the application, that the application is not complete.
(2)
The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
E.
Within 45 days of its receipt of a complete application, the Community Development Director or his/her designee shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the forty-five-day period:
(1)
Make a final decision whether to approve or deny the application.
(2)
Notify the applicant, in writing, of its final decision.
(3)
If the application is approved, issue the applicant the relevant permit.
(4)
If the decision is to deny the application, include with the written notification substantial evidence which supports the decision.
F.
The applicant shall pay an application fee as set forth by resolution approved by the Village Board.