Any construction, installation or fabrication of an above or in ground pool in which the surface area exceeds 28 square feet requires a building permit. The pool must meet street yard setback requirements for the district in which it is located; and may be located within 10' of a rear or side property line. The pool shall be no closer than 10' from the principal residence or primary structure. A fence to prevent unauthorized access to the pool shall be provided. Such a fence shall be a minimum of 4' in height and limit access through it of objects larger than 4" in diameter; the fence shall not be required should the pool structure be 6' or greater in height. The fence shall not exceed the maximum height presently allowed by the Elkhorn Municipal Code.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

Definitions. All terms used herein that are specifically defined in Section 66.0404(1)(a) through (u) of the Wisconsin Statutes have the meaning given such terms in that statute.

(2)

Statement of Purpose. The purpose and intent of this section is to strike a balance between the state and federal interest concerning the construction, modification and siting of mobile service facilities and mobile service support structures for use in providing personal wireless services, and the interest of the City in regulating local zoning. The goals of this section are to:

(a)

Protect residential areas and land uses from the potential adverse impacts of towers and antennas.

(b)

Minimize the total number of towers throughout the community.

(c)

Encourage the joint use of new and existing tower sites as a primary siting option rather than construction of additional single-use towers.

(d)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(3)

New Construction and Substantial Modification of Facilities and Support Structures.

(a)

An application for a permit to engage in the siting or construction of a new mobile service support structure and facilities or to engage in a Class 1 collocation shall be submitted in writing to the Zoning Administrator and shall contain the following:

1.

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

2.

The location of the proposed or affected support structure.

3.

The location of the proposed mobile service facility.

4.

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.

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 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 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.

(b)

The Zoning Administrator or his or her designee shall inform the applicant within 10 days of receipt of the application if the application is not complete. Notifications shall be in writing and shall specify in detail the information that was incomplete.

(c)

Within 90 days of receipt of a completed application, the Zoning Administrator or designee shall issue a written decision to approve or deny the application. However, the Zoning Administrator or designee and the applicant may agree in writing to an extension of the 90-day period.

(d)

Decisions to deny an application shall be supported by substantial evidence. Such evidence shall be included in the written decision.

(e)

If an applicant provides an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the Zoning Administrator or designee provides the applicant with substantial evidence showing that the engineering certification is flawed.

(f)

The decision of the Zoning Administrator or designee is a final decision appealable to the circuit court.

(4)

Abandonment. If a mobile service support structure shall cease to be used for a period exceeding one year and a day, the owner or operator of said structure shall remove the structure upon the written request of the Zoning Administrator at no cost to the City within 90 days of said request. Prior to the issuance of any building or zoning permits, a performance bond shall be provided to guarantee that a support structure that has ceased being used for mobile service facilities purposes is removed. The bond amount shall be the lesser of $20,000.00 or an amount based on a written estimate of a person qualified to remove such structures.

(5)

Structural Requirements. Every mobile service support structure and mobile service facility shall be designed and constructed so as to comply with the requirements of Chapters 14 through 16 of the City of Elkhorn Code of Ordinances, and International Building Code (IBC) 3108, as amended from time to time. If, upon inspection, the Building Inspector concludes that a structure or facility 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 structure or facility, the owner shall have 30 days or such time as determined by the Building Inspector to bring such tower in compliance with said codes. Failure to bring such structure or facility into compliance within said 30 days or such time as determined by the Building Inspector shall constitute grounds for removal of the structure or facility at owner's expense.

(6)

Basic Tower and Building Design. All new mobile service support structures and facilities, except exempt facilities as defined in subsection (9), below, shall be designed as follows:

(a)

Mobile service facilities and mobile service support structures shall be constructed out of metal and other nonflammable material.

(b)

Mobile service facilities and mobile service support structures shall insure that sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.

(c)

Emergency back-up generators shall be completely enclosed on all sides. Other efforts to mitigate noise from such generators may be required.

(7)

Location. A good faith effort in achieving co-location shall be required for the requestor and host entity, subject to existing co-location contracts, and all of the following measures shall be implemented for new mobile service support structures and Class 1 Collocations:

(a)

No mobile service support structure shall be installed closer than one-quarter mile from another mobile service support structure, measured form the base of the existing structure to the base of the proposed structure, unless the applicant provides 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:

1.

Would not result in the same mobile service functionality, coverage, and capacity;

2.

Is technically infeasible; or

3.

Is economically burdensome to the mobile service provider.

For purposes of this requirement, exempt mobile service facilities unavailable for co-location shall not be included in the one-quarter mile computation.

(b)

No mobile service support structure shall be located on a lot in a residence district, unless said lot is greater than 2 acres in area and the principal use is other than residential.

(c)

Mobile service support structures towers, guy wires, appurtenant equipment and buildings shall comply with the yard and set back requirements of the zoning district in which they are located.

(8)

Co-located and Multiple-User Facilities.

(a)

An application for a permit to engage in Class 2 Collocation shall be submitted in writing to the Zoning Administrator and shall contain the following:

1.

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

2.

The location of the proposed or affected support structure.

3.

The location of the proposed mobile service facility.

(b)

The Zoning Administrator shall inform the applicant within five days of receiving the application if the application is not complete. Notification shall be in writing and shall specify in detail the information that was incomplete.

(c)

Within 45 days of receipt of a completed application, the Zoning Administrator or designee shall issue a written decision to approve or deny the application, except that the Zoning Administrator or designee and the applicant may agree in writing to an extension.

(d)

Decisions to deny an application shall be supported by substantial evidence. Such evidence shall be included in the written decision.

(e)

The decision of the Zoning Administrator or designee is a final decision appealable to circuit court.

(f)

Design for Co-Location. All new mobile service support structures shall be structurally and electrically designed to accommodate at least 3 separate antenna arrays, unless credible evidence is presented that said construction is economically and technologically unfeasible. Multi-user mobile service support structures shall be designed to allow for future rearrangements of antennas and to accept antennas mounted to varying heights. Parking areas, access roads, and utility easements shall be shared by site users.

(9)

Exempt Facilities.

(a)

Amateur radio towers installed, erected, maintained and/or operated in any residential zoning district, by a federally licensed amateur radio operator, complying with the provisions contained in Chapters 14 through 16 of the City of Elkhorn Code of Ordinances, so long as the following conditions are met:

1.

The antenna use involved is accessory to the primary use of the property which is not a telecommunication facility.

2.

In a residential zone, no more than one support structure for licensed amateur radio operator is allowed on the parcel.

3.

Sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.

(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. (Ord. No. 17-12, § 1, 8-21-2017.)