The purpose of this section is to regulate by zoning permit, site plan review, or conditional use the siting and construction of any new mobile service support structures and/or facilities.

Mobile service support structures or other supporting buildings or structures that are used to elevate an antenna, or which act as an antenna, and are intended for wireless telecommunications, are subject to the regulations and site development standards set forth in this article.

(Ord. No. 2013-137, 2-11-14)

Amateur and citizen band towers and antennas where the structure is fifty (50) feet or more in height are exempt from the provisions of this article except for the following:

(1)

The installation or construction of such structure must require a site plan review and approval in accordance with the procedure set forth in section 20-1184. The committee may request a hearing following a site plan review if it is determined that such a hearing is in the public interest.

(2)

Such structures must be considered an accessory structure and may only be permitted in the side yard and rear yard. A minimum ten (10) foot side-yard and rear-yard setback must be maintained.

(Ord. No. 2013-137, 2-11-14)

The siting and construction of any new mobile service support structures will require a conditional use permit. All structures should be camouflaged to the greatest extent possible, including compatible building materials, colors, and screening. Per Wisconsin W.C.A., § 66.0404(4)(g), an application may not be denied based solely on aesthetics concerns. A zoning permit application must be completed by the applicant and submitted to the development services office. In addition to the requirements found in section 20-1161, the application must contain the following information:

(1)

Applicant name, business address, and phone number of all known occupants of the proposed mobile service support structure, including contact individual(s) for the applicant(s). The proposed structure must be designed structurally, electronically, and in all respects to accommodate collocation of both the applicant's antennas and antennas for at least two (2) additional users. The equipment compound must also be able to accommodate multiple users.

(2)

The location of the proposed mobile service support facility.

(3)

If the applicant does not own the site or the tower, the applicant must provide a lease agreement or binding lease memorandum which shows on its face:

a.

that it does not preclude the site owner from entering into leases on the site with other provider(s);

b.

that it does not preclude the tower owner from entering into leases on the tower with other provider(s);

c.

the legal descriptions and amount of property leased;

d.

in the event of abandonment, the county reserves the right to remove the tower at the property owner's expense.

(4)

A scaled site plan which shows property lines, location of mobile service support structure, setback distances, mobile service facility, and fencing.

(5)

A sketch, concept, or rendition of the site as proposed.

(6)

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 is responsible 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 not technically feasible; or is economically burdensome to the mobile service provider.

(7)

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.

(8)

A tabular and/or map inventory of all of the applicant's existing towers and antennas which are located within the county. The inventory must specify the location, antennae height, and structure type of each of the applicant's existing mobile service support facilities. The inventory must also specify whether such towers are currently in operation and indicate the ability of the existing structures to accommodate additional collocation antennas.

(9)

A report by a structural engineer licensed by the State of Wisconsin certifying the structural design and its ability to accommodate additional antennas.

(10)

Evidence that the applicant has informed local airport owners and operators about any permit application for structures above two hundred (200) feet tall or within a three-mile radius of any existing public or private airport, including all landing strips.

(Ord. No. 2013-137, 2-11-14)

(a)

If an applicant submits to the county an application to engage in an activity described in this section, which contains all of the information required under this article, the county must consider the application complete. If the county does not believe that the application is complete, the county must notify the applicant in writing, within ten (10) days of receiving the application, that the application is not complete. The written notification must specify in detail the required information that was incomplete. The applicant may resubmit an application as often as necessary until it is complete.

(b)

Within ninety (90) days of its receipt of a completed application, the county must complete all of the following or the applicant may consider the application approved, except that the applicant and the county may agree in writing to an extension of the ninety (90) day period:

(1)

Review the application to determine whether it complies with all applicable aspects of the zoning ordinance and limitations of this article;

(2)

The economic development and land use planning committee must make a final decision whether to approve or deny the application;

(3)

The county must notify the applicant in writing of the committee's final decision;

(4)

If the application is approved, the development services office will issue the applicant a zoning permit;

(5)

If the decision is to deny the application, the county must include with the written notification substantial evidence which supports that decision.

(c)

The county may deny an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and does not provide the sworn statement described in section 20-1420(6).

(d)

If an applicant provides the county with an engineering certification showing that the proposed mobile service support structure is designed to collapse within a smaller area than the setback or fall zone area required in the specified zoning district, that zoning setback does not apply to the proposed structure unless the county provides the applicant with substantial evidence that the engineering certification is flawed.

(Ord. No. 2013-137, 2-11-14)

In the event the committee determines that it is necessary to consult with a third party in considering a permit, all reasonable costs and expenses, excluding travel expenses, associated with such consultation shall be borne by the applicant. Failure to pay such costs and expenses or to provide information requested by the committee shall be grounds for denial or revocation of a conditional use permit. The applicant may provide to the committee the names of consultants believed by the applicant to be qualified to assist in resolving the issues before the committee.

(Ord. No. 2013-137, 2-11-14)

(a)

Any mobile service support structure and facilities not in operation for a continuous period of twelve (12) months shall be considered abandoned. In such circumstances, the owner of the mobile service support structure and facility of the property where the structure and facility are located must remove the support structure and all supporting equipment, buildings, and foundations to a depth of five (5) feet, and must restore the location to its natural condition (except any grading may remain in the after-condition as determined by the zoning administrator) within ninety (90) days of receipt of notice from the zoning administrator. If removal and restoration to the satisfaction of the zoning administrator does not occur within the said ninety (90) days, the zoning administrator may remove and salvage said mobile service support structure and facility and restore the site at the expense of the mobile service provider or property owner.

(b)

The applicant must submit a copy of a signed agreement, which may be the lease agreement, between the property owner and the owner of the mobile service facility detailing requirements for abandonment and subsequent removal based on the provisions of section 20-1424(1). Said agreement must also identify that the agreement must be binding on future property owner(s) and future owner(s) of the mobile service support structure and facility.

(c)

The mobile service support structure and facility must be recorded in the register of deed's office and a copy of the deed must be filed with the development services office.

(Ord. No. 2013-137, 2-11-14)

The applicant shall provide to the county, prior to the issuance of the permit, a performance bond in the amount of twenty thousand dollars ($20,000.00) to guarantee that the tower and all supporting equipment, buildings and foundations will be removed when no longer in operation. The county must be named as obligee in the bond, and it must approve the bonding company. The face of the bond must reflect that the county will be given notice if the bonding company cancels the bond. If, prior to the removal of the tower, tower removal rates exceed twenty thousand dollars ($20,000.00), the committee reserves the right to require a corresponding increase in the bond amount.

(Ord. No. 2013-137, 2-11-14)

Upon written inquiry by the economic development and land use planning committee, the permit holder under this section shall have the burden of presenting credible evidence establishing to a reasonable degree of certainty the continued compliance with all conditions placed upon the conditional use permits. Failure to establish compliance with all conditions placed upon the conditional use will be grounds for revocation of the permit.

(Ord. No. 2013-137, 2-11-14)

A mobile service facility may locate on alternative support structures, such as clock towers, steeples, silos, light poles, buildings, water towers or similar structures, provided that the placement of the antenna will not extend more than six (6) feet from the structure. Mobile service facilities located on roofs must not occupy more than fifty (50) percent of the roof surface of a building and must be secured from the remaining area to prevent unauthorized access. The mobile service facility must be painted or otherwise treated to match the exterior of the structure. Such mobile service facility installation will be classified as either a class 1 or class 2 collocation and will require a site plan review.

(Ord. No. 2013-137, 2-11-14)

A collocation will be classified as a class 1 collocation if the following substantial modifications are added to the exiting mobile service support structure:

(1)

an increase in the overall height of the structure by more than twenty (20) feet, for structures with an overall height of two hundred (200) feet or less;

(2)

an increase in the overall height of the structure by 10% or more, for structures with an overall height of more than two hundred (200) feet;

(3)

an increase in width of the support structure by twenty (20) feet or more, measured at the level of the appurtenance added to the structure as a result of the modification;

(4)

an increase in the square footage of an existing equipment compound to a total area of more than two thousand five hundred (2,500) square feet.

A zoning application must be completed by the applicant and submitted to the development services office. In addition to the requirements found in section 20-1161, the application must contain the following information:

(1)

Applicant name, business address, and phone number of the contact individual(s) for the applicant(s).

(2)

The location of the existing mobile service support structure, including legal description, amount of property leased, and the height of the proposed and existing mounted antennas and/or equipment.

(3)

A construction plan which describes the proposed modifications to the mobile 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.

(4)

A report by a structural engineer licensed by the State of Wisconsin certifying the structural design and its ability to accommodate additional antennas.

(Ord. No. 2013-137, 2-11-14)

(a)

If an applicant submits to the county an application to engage in an activity described in this section, which contains all of the information required under this article, the county must consider the application complete. If the county does not believe that the application is complete, the county must notify the applicant in writing, within ten (10) days of receiving the application, that the application is not complete. The written notification must specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(b)

Within ninety (90) days of its receipt of a completed application, the county must complete all of the following or the applicant may consider the application approved, except that the applicant and the county may agree in writing to an extension of the ninety (90) day period:

(1)

Review the application to determine whether it complies with all applicable aspects of the zoning ordinance and limitations of this article;

(2)

The economic development and land use planning committee must make a final decision whether to approve or deny the application;

(3)

Notify the applicant in writing of the committee's final decision;

(4)

If the application is approved, issue the applicant a zoning permit;

(5)

If the decision is to deny the application, include with the written notification substantial evidence which supports that decision.

(Ord. No. 2013-137, 2-11-14)

A collocation will be classified as a class 2 collocation if the substantial modifications described in section 20-1428 are not required for service.

A zoning application must be completed by the applicant and submitted to the development services office. In addition to the requirements found in section 20-1161, the application must contain the following information:

(1)

Applicant name, business address, and phone number of the contact individual(s) for the applicant(s);

(2)

The location of the existing support structure; including legal description, amount of property leased, and the height of the proposed and existing mounted antennas and/or equipment;

(3)

A report by a structural engineer licensed by the State of Wisconsin certifying the structural design and its ability to accommodate additional antennas.

(Ord. No. 2013-137, 2-11-14)

(a)

If an applicant submits to the county an application to engage in an activity described in this section, which contains all of the information required under this article, the county must consider the application complete. If the county does not believe that the application is complete, the county must notify the applicant in writing, within five (5) days of receiving the application, that the application is not complete. The written notification must specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(b)

Within forty-five (45) days of its receipt of a completed application, the county must complete all of the following or the applicant may consider the application approved, except that the applicant and the county may agree in writing to an extension of the forty-five (45) day period:

(1)

Review the application to determine whether it complies with all applicable aspects of the zoning ordinance and limitations of this article;

(2)

The economic development and land use planning committee must make a final decision whether to approve or deny the application;

(3)

Notify the applicant in writing of the committee's final decision;

(4)

If the application is approved, issue the applicant a zoning permit;

(5)

If the decision is to deny the application, include with the written notification substantial evidence which supports that decision.

(Ord. No. 2013-137, 2-11-14)

The county does not warrant any mobile service support structure against design or structural failure. The county does not certify that the design is adequate for any tower and the county hereby accepts no liability through the issuance of a conditional use permit or zoning permit.

(Ord. No. 2013-137, 2-11-14)

(a)

As with commercial-scale wind energy facilities, mobile service support structures setbacks must not be less than the height of the tower above grade between the base of the tower and property line. The setback may be reduced if the requirements of section 20-1421(9) are met.

(b)

When more than one (1) tower is placed on a site, all setback and design requirements must be met by each tower.

(c)

A site with a guyed mobile support structure must provide:

(1)

A setback of at least twenty-five (25) feet between a guy anchor and any property line abutting a residential district, public property, or street; and

(2)

A setback equal to or exceeding the rear setback required for the adjoining property where the adjoining property is not a public property or street, nor in a residential district.

(3)

A guy anchor may be located on an adjoining property when:

a.

Written authorization from the adjoining property owner is provided at the time of application for conditional use approval; and

b.

The guy anchor meets the requirement of subsections (1) and (2) above, as to all other adjoining property lines.

(d)

Mobile service facility accessory structures must be limited to fifteen (15) feet in height.

(e)

Mobile service support structures must not be illuminated except as required by the Wisconsin Division of Aeronautics or the Federal Aviation Administration.

(Ord. No. 2013-137, 2-11-14)

If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.

(Ord. No. 2013-137, 2-11-14)

Application fees for new mobile service support structures, and class 1 and 2 collocations, shall be in accordance with the Racine County fee schedule.

(Ord. No. 2013-137, 2-11-14)